87R22026 YDB-F
By: Leach H.B. No. 3611
Substitute the following for H.B. No. 3611:
By: Schofield C.S.H.B. No. 3611
A BILL TO BE ENTITLED
AN ACT
relating to remotely conducting court proceedings in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.009, Government Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Remote proceeding" means a proceeding before a
court in which one or more of the participants, including a judge,
party, attorney, witness, court reporter, juror, or other
individual, attends the proceeding remotely through the use of
technology and the Internet.
SECTION 2. Chapter 21, Government Code, is amended by
adding Section 21.013 to read as follows:
Sec. 21.013. OPTION FOR REMOTE PROCEEDING. (a)
Notwithstanding any other law and except as limited by the United
States Constitution, the Texas Constitution, rules adopted by the
Texas Supreme Court, or this section, a court in this state as the
court determines appropriate, on the court's own motion or on the
motion of any party, may:
(1) conduct a hearing or other proceeding as a remote
proceeding; and
(2) allow or require a judge, party, attorney,
witness, court reporter, juror, or any other individual to
participate in a remote proceeding, including a deposition,
hearing, trial, or other proceeding.
(b) A court that elects to conduct a remote proceeding must:
(1) provide adequate notice of the remote proceeding
to the parties to the proceeding;
(2) allow a party to file with the court a motion
objecting to the remote proceeding and requesting an in-person
proceeding not later than the 10th day after the date the party
receives the notice; and
(3) provide a method for a person described by
Subsection (a)(2) to notify the court that the person is unable to
participate in the remote proceeding because the person is a person
with a disability, lacks the required technology, or shows other
good cause and:
(A) provide an alternate method for the person to
participate that accommodates the disability, lack of technology,
or other situation;
(B) allow the person to appear in person; or
(C) conduct the proceeding as an in-person
proceeding.
(c) On the court's receipt from any party to a proceeding of
a motion objecting to the conduct of the proceeding as a remote
proceeding and requesting an in-person proceeding, the court shall
consider the motion and grant the motion for good cause shown.
(d) In any contested adversarial or contested evidentiary
criminal proceeding for an offense punishable by confinement, the
prosecutor and defendant must each agree for the proceeding to be
conducted as a remote proceeding. If the prosecutor or defendant
does not agree, the proceeding may not be held as a remote
proceeding.
(e) A district court, statutory county court, statutory
probate court, or county court may not conduct a jury trial as a
remote proceeding unless each party to the proceeding agrees to
conduct the proceeding as a remote proceeding.
(f) For a jury trial that is to be conducted as a remote
proceeding in a justice or municipal court, the court shall
consider on the record any motion or objection related to
proceeding with the trial not later than the seventh day before the
trial date, except that if the motion or objection is made later
than the seventh day before the trial date, the court must consider
the motion or objection on the record as soon as practicable.
(g) A court that conducts a jury trial as a remote
proceeding shall ensure all prospective jurors have access to the
technology necessary to participate in the remote proceeding.
(h) A court that conducts a remote proceeding at a location
other than the location the court regularly conducts proceedings
must provide to the public reasonable notice of the location of the
remote proceeding and an opportunity to observe the remote
proceeding.
(i) The Office of Court Administration of the Texas Judicial
System shall provide guidance and assistance to the extent possible
to a court conducting a remote proceeding.
(j) For purposes of any law requiring notice or citation of
the time and place for a proceeding, notice of the remote means by
which the proceeding will be conducted and the method for accessing
the proceeding through that remote means constitutes notice of the
place for the proceeding.
SECTION 3. The following provisions are repealed:
(1) Section 30.012(b), Civil Practice and Remedies
Code; and
(2) Section 54.012(b), Family Code.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Supreme Court shall adopt the rules necessary
to implement the changes in law made by this Act. Before adopting
the rules, the supreme court must consult with interested parties,
including prosecutors, criminal defense attorneys, judges, and
representatives from the State Bar of Texas and Disability Rights
Texas.
SECTION 5. The Texas Legislative Council, with the
assistance of the Office of Court Administration of the Texas
Judicial System, shall prepare for consideration by the 88th
Legislature a nonsubstantive revision of the statutes of this state
as necessary to reflect the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2021.