H.B. No. 4293
AN ACT
relating to the creation of a court reminder program for criminal
defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 75, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. COURT REMINDER PROGRAM
Sec. 75.601. ESTABLISHMENT OF STATE PROGRAM FOR
PARTICIPATING COUNTIES. (a) The Office of Court Administration of
the Texas Judicial System shall develop and make available to each
county a court reminder program that allows the county to send a
text message to notify criminal defendants of scheduled court
appearances. The purposes of the program must include:
(1) reducing costs associated with defendants who fail
to appear for a scheduled court appearance;
(2) improving the efficiency of courts in this state;
(3) reminding criminal defendants to appear at each
scheduled court appearance; and
(4) reducing the number of criminal defendants who are
confined in a county jail due solely to the defendant's failure to
appear for a scheduled court appearance.
(b) The program must:
(1) be available to each county at no cost;
(2) comply with applicable state and federal laws
requiring the consent of an individual before sending a reminder by
text message;
(3) provide text message reminders for each court
appearance of a defendant who has access to a device with the
technological capability of receiving text messages and provides
the court administrator with an operational phone number for the
device;
(4) document each occurrence of a criminal defendant
receiving a text message reminder;
(5) identify criminal defendants with scheduled court
appearances who lack access to devices with the technological
capability of receiving text messages;
(6) document the number of criminal defendants who
fail to appear at scheduled court appearances after being sent one
or more text message reminders;
(7) include the technological capability, at the
discretion of the local administrative judge, to provide additional
information to criminal defendants concerning scheduled court
appearances, such as the location of the court appearance,
available transportation options, and procedures for defendants
who are unable to attend court appearances;
(8) support partnerships with local law enforcement
agencies, local governments, and local public defenders in
accordance with the purposes described by Subsection (a); and
(9) provide one or more publicly available Internet
websites through which criminal defendants may request text
reminders.
Sec. 75.602. ESTABLISHMENT OF COUNTY PROGRAMS. (a) The
justices of the justice courts and judges of the county courts,
statutory county courts, and district courts with jurisdiction over
criminal cases in each county may establish a court reminder
program that allows the county to send a text message to notify
criminal defendants of scheduled court appearances.
(b) In developing the court reminder program, the justices
and judges may join the state program developed under Section
75.601 or develop a county program that allows the county to send
text message notifications to criminal defendants and that complies
with the requirements of Section 75.601(b).
Sec. 75.603. MUNICIPAL PROGRAM. (a) The Office of Court
Administration of the Texas Judicial System, or the justices of the
justice courts and judges of the county courts, statutory county
courts, and district courts with jurisdiction over criminal cases
in each county, may partner with municipalities and local law
enforcement agencies to allow:
(1) individuals to whom a peace officer issues a
citation and releases to receive text message reminders of
scheduled court appearances; and
(2) criminal defendants in municipal court to receive
text message reminders of scheduled court appearances.
(b) Any municipality that partners with the Office of Court
Administration of the Texas Judicial System shall pay all costs of
sending reminders to municipal criminal defendants, including the
costs of linking the municipal court database with the state court
administrator database.
SECTION 2. (a) Not later than September 1, 2022, the Office
of Court Administration of the Texas Judicial System shall develop
and make available the court reminder program as required by
Section 75.601, Government Code, as added by this Act.
(b) The Office of Court Administration of the Texas Judicial
System is required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the office may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4293 was passed by the House on May
13, 2021, by the following vote: Yeas 123, Nays 19, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4293 on May 28, 2021, by the following vote: Yeas 118, Nays 25,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4293 was passed by the Senate, with
amendments, on May 24, 2021, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor