Texas 2021 - 87th Regular

Texas Senate Bill SB690 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Zaffirini S.B. No. 690
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to remotely conducting court proceedings in this state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. REMOTE PROCEEDINGS
9	9	SECTION 1.001. Section 21.009, Government Code, is amended
10	10	by adding Subdivision (5) to read as follows:
11	11	(5) "Remote proceeding" means a proceeding before a
12	12	court in which one or more of the participants, including a judge,
13	13	party, attorney, witness, court reporter, juror, or other
14	14	individual, attends the proceeding remotely through the use of
15	15	technology and the Internet.
16	16	SECTION 1.002. Chapter 21, Government Code, is amended by
17	17	adding Section 21.013 to read as follows:
18	18	Sec. 21.013. OPTION FOR REMOTE PROCEEDING. (a)
19	19	Notwithstanding any other law, a court in this state on the court's
20	20	own motion or on the motion of any party may:
21	21	(1) conduct a hearing or other proceeding as a remote
22	22	proceeding without the consent of the parties unless the United
23	23	States Constitution or Texas Constitution requires consent; and
24	24	(2) allow or require a judge, party, attorney,
25	25	witness, court reporter, juror, or any other individual to
26	26	participate in a remote proceeding, including a deposition,
27	27	hearing, trial, or other proceeding.
28	28	(b) In any criminal proceeding that under the United States
29	29	Constitution or Texas Constitution requires the consent of the
30	30	parties for the proceeding to be conducted as a remote proceeding,
31	31	the prosecutor and defendant must each consent for the proceeding
32	32	to be conducted as a remote proceeding. If the prosecutor or
33	33	defendant does not consent, the proceeding may not be held as a
34	34	remote proceeding.
35	35	(c) For a jury trial that is to be conducted as a remote
36	36	proceeding, a court shall:
37	37	(1) consider on the record any motion or objection
38	38	related to proceeding with the trial not later than the seventh day
39	39	before the trial date, except that if the motion or objection is
40	40	made later than the seventh day before the trial date, the court
41	41	must consider the motion or objection on the record as soon as
42	42	practicable; and
43	43	(2) ensure all prospective jurors have access to the
44	44	technology necessary to participate in the remote proceeding.
45	45	(d) If a remote proceeding is conducted away from the
46	46	court's usual location, the court must provide reasonable notice to
47	47	the public and an opportunity to observe the proceeding.
48	48	(e) The Office of Court Administration of the Texas Judicial
49	49	System shall provide guidance and assistance to the extent possible
50	50	to a court conducting a remote proceeding.
51	51	(f) For purposes of any law requiring notice or citation of
52	52	the time and place for a proceeding, notice of the remote means by
53	53	which the proceeding will be conducted and the method for accessing
54	54	the proceeding through that remote means constitutes notice of the
55	55	place for the proceeding.
56	56	ARTICLE 2. CONFORMING CHANGES
57	57	SECTION 2.001. Section 30.012(a), Civil Practice and
58	58	Remedies Code, is amended to read as follows:
59	59	(a) Subject [With the agreement of the parties, and subject]
60	60	to Section 21.013, Government Code [Subsection (b)], a trial judge
61	61	may order that a hearing of a preliminary matter or witness
62	62	testimony at trial may be conducted by electronic means, including
63	63	satellite transmission, closed-circuit television transmission, or
64	64	any other method of two-way electronic communication that is
65	65	available to the parties, approved by the court, and capable of
66	66	visually and audibly recording the proceedings.
67	67	SECTION 2.002. Article 27.18(a), Code of Criminal
68	68	Procedure, is amended to read as follows:
69	69	(a) Subject to Section 21.013, Government Code, and
70	70	notwithstanding [Notwithstanding] any provision of this code
71	71	requiring that a plea or a waiver of a defendant's right be made in
72	72	open court, a court may accept the plea or waiver by videoconference
73	73	to the court if:
74	74	(1) [the defendant and the attorney representing the
75	75	state file with the court written consent to the use of
76	76	videoconference;
77	77	[(2)] the videoconference provides for a
78	78	simultaneous, compressed full motion video, and interactive
79	79	communication of image and sound between the judge, the attorney
80	80	representing the state, the defendant, and the defendant's
81	81	attorney; and
82	82	(2) [(3)] on request of the defendant, the defendant
83	83	and the defendant's attorney are able to communicate privately
84	84	without being recorded or heard by the judge or the attorney
85	85	representing the state.
86	86	SECTION 2.003. Section 53.102(a), Estates Code, is amended
87	87	to read as follows:
88	88	(a) If a judge is unable to designate the time and place, or
89	89	the time and remote means in accordance with Section 21.013,
90	90	Government Code, for hearing a probate matter pending in the
91	91	judge's court because the judge [is absent from the county seat or]
92	92	is on vacation, disqualified, ill, or deceased, the county clerk of
93	93	the county in which the matter is pending may:
94	94	(1) designate the time and place, or the time and
95	95	remote means in accordance with Section 21.013, Government Code,
96	96	for the hearing;
97	97	(2) enter the setting on the judge's docket; and
98	98	(3) certify on the docket the reason that the judge is
99	99	not acting to set the hearing.
100	100	SECTION 2.004. Section 1053.102(a), Estates Code, is
101	101	amended to read as follows:
102	102	(a) If a judge is unable to designate the time and place, or
103	103	the time and remote means in accordance with Section 21.013,
104	104	Government Code, for hearing a guardianship proceeding pending in
105	105	the judge's court because the judge [is absent from the county seat
106	106	or] is on vacation, disqualified, ill, or deceased, the county
107	107	clerk of the county in which the proceeding is pending may:
108	108	(1) designate the time and place, or the time and
109	109	remote means in accordance with Section 21.013, Government Code,
110	110	for the hearing;
111	111	(2) enter the setting on the judge's docket; and
112	112	(3) certify on the docket the reason that the judge is
113	113	not acting to set the hearing.
114	114	SECTION 2.005. Section 1055.053, Estates Code, is amended
115	115	to read as follows:
116	116	Sec. 1055.053. LOCATION OR MEANS OF HEARING. (a) Except as
117	117	provided by Subsection (b), the judge may hold a hearing on a
118	118	guardianship proceeding involving an adult ward or adult proposed
119	119	ward at any suitable location in the county in which the
120	120	guardianship proceeding is pending or as a remote proceeding as
121	121	authorized by Section 21.013, Government Code. The hearing should
122	122	be held in a physical setting that is not likely to have a harmful
123	123	effect on the ward or proposed ward.
124	124	(b) On the request of the adult proposed ward, the adult
125	125	ward, or the attorney of the proposed ward or ward, the hearing may
126	126	not be held under the authority of this section at a place other
127	127	than the courthouse except as authorized by Section 21.013,
128	128	Government Code.
129	129	SECTION 2.006. Section 51.115(c), Family Code, is amended
130	130	to read as follows:
131	131	(c) A person required under this section to attend a hearing
132	132	is entitled to reasonable written or oral notice that includes a
133	133	statement of the location of, subject to Section 21.013, Government
134	134	Code, and the [place,] date[,] and time of, the hearing and that the
135	135	attendance of the person is required. The notice may be included
136	136	with or attached to any other notice required by this chapter to be
137	137	given the person. Separate notice is not required for a disposition
138	138	hearing that convenes on the adjournment of an adjudication
139	139	hearing. If a person required under this section fails to attend a
140	140	hearing, the juvenile court may proceed with the hearing.
141	141	SECTION 2.007. Section 54.012(a), Family Code, is amended
142	142	to read as follows:
143	143	(a) Subject to Section 21.013, Government Code, a [A]
144	144	detention hearing under Section 54.01 may be held using interactive
145	145	video equipment if[:
146	146	[(1) the child and the child's attorney agree to the
147	147	video hearing; and
148	148	[(2)] the parties to the proceeding have the
149	149	opportunity to cross-examine witnesses.
150	150	SECTION 2.008. Sections 22.202(a) and (g), Government Code,
151	151	are amended to read as follows:
152	152	(a) Subject to Section 21.013, the [The] Court of Appeals
153	153	for the First Court of Appeals District shall be held in the City of
154	154	Houston.
155	155	(g) The First Court of Appeals may transact its business in
156	156	any county in the First Court of Appeals District as the court
157	157	determines necessary and convenient or as provided by Section
158	158	21.013.
159	159	SECTION 2.009. Sections 22.203(a) and (b), Government Code,
160	160	are amended to read as follows:
161	161	(a) Subject to Section 21.013, the [The] Court of Appeals
162	162	for the Second Court of Appeals District shall be held in the City
163	163	of Fort Worth.
164	164	(b) The court may transact its business in any county in the
165	165	district as the court determines is necessary or convenient or as
166	166	provided by Section 21.013.
167	167	SECTION 2.010. Sections 22.204(a) and (b), Government Code,
168	168	are amended to read as follows:
169	169	(a) Subject to Section 21.013, the [The] Court of Appeals
170	170	for the Third Court of Appeals District shall be held in the City of
171	171	Austin.
172	172	(b) The court may transact its business:
173	173	(1) at the county seat of any of the counties within
174	174	its district as the court determines is necessary and convenient,
175	175	except that all cases originating in Travis County shall be heard
176	176	and transacted in that county, subject to Subdivision (2); or
177	177	(2) as provided by Section 21.013.
178	178	SECTION 2.011. Section 22.205, Government Code, is amended
179	179	to read as follows:
180	180	Sec. 22.205. FOURTH COURT OF APPEALS. (a) Subject to
181	181	Section 21.013, the [The] Court of Appeals for the Fourth Court of
182	182	Appeals District shall be held in the City of San Antonio.
183	183	(b) The court may transact its business:
184	184	(1) at the county seat of any of the counties within
185	185	its district, as the court determines is necessary and convenient,
186	186	except that all cases originating in Bexar County that the court
187	187	hears shall be heard and transacted in that county, subject to
188	188	Subdivision (2); or
189	189	(2) as provided by Section 21.013.
190	190	SECTION 2.012. Sections 22.206(a) and (b), Government Code,
191	191	are amended to read as follows:
192	192	(a) Subject to Section 21.013, the [The] Court of Appeals
193	193	for the Fifth Court of Appeals District shall be primarily held in
194	194	the City of Dallas.
195	195	(b) The court may transact its business in any county in the
196	196	district as the court determines is necessary and convenient or as
197	197	provided by Section 21.013.
198	198	SECTION 2.013. Section 22.207, Government Code, is amended
199	199	to read as follows:
200	200	Sec. 22.207. SIXTH COURT OF APPEALS. (a) Subject to
201	201	Section 21.013, the [The] Court of Appeals for the Sixth Court of
202	202	Appeals District shall be held in the City of Texarkana.
203	203	(b) The court may transact its business:
204	204	(1) in the City of Texarkana or the county seat of any
205	205	county in the district as the court determines is necessary or
206	206	convenient, except that all cases originating in Bowie County shall
207	207	be heard and transacted in the City of Texarkana, subject to
208	208	Subdivision (2); or
209	209	(2) as provided by Section 21.013.
210	210	SECTION 2.014. Section 22.208, Government Code, is amended
211	211	to read as follows:
212	212	Sec. 22.208. SEVENTH COURT OF APPEALS. Subject to Section
213	213	21.013, the [The] Court of Appeals for the Seventh Court of Appeals
214	214	District shall be held in the City of Amarillo.
215	215	SECTION 2.015. Section 22.209, Government Code, is amended
216	216	to read as follows:
217	217	Sec. 22.209. EIGHTH COURT OF APPEALS. (a) Subject to
218	218	Section 21.013, the [The] Court of Appeals for the Eighth Court of
219	219	Appeals District shall be held in the City of El Paso.
220	220	(b) The court may transact its business:
221	221	(1) at the county seat of any county in the district as
222	222	the court determines is necessary and convenient, except all cases
223	223	originating in El Paso County shall be heard and transacted in that
224	224	county, subject to Subdivision (2); or
225	225	(2) as provided by Section 21.013.
226	226	SECTION 2.016. Sections 22.210(a) and (c), Government Code,
227	227	are amended to read as follows:
228	228	(a) Subject to Section 21.013, the [The] Court of Appeals
229	229	for the Ninth Court of Appeals District shall be held in the City of
230	230	Beaumont.
231	231	(c) The court may transact its business in the City of
232	232	Beaumont or the county seat of any county in the district as the
233	233	court determines is necessary or convenient, or as provided by
234	234	Section 21.013.
235	235	SECTION 2.017. Section 22.211(a), Government Code, is
236	236	amended to read as follows:
237	237	(a) Subject to Section 21.013, the [The] Court of Appeals
238	238	for the Tenth Court of Appeals District shall be held in the City of
239	239	Waco or in the county seat of any county located within the Tenth
240	240	Court of Appeals District.
241	241	SECTION 2.018. Sections 22.212(a) and (c), Government Code,
242	242	are amended to read as follows:
243	243	(a) Subject to Section 21.013, the [The] Court of Appeals
244	244	for the Eleventh Court of Appeals District shall be held in the City
245	245	of Eastland.
246	246	(c) The court may transact its business in the City of
247	247	Eastland or in any county in the district as the court determines is
248	248	necessary or convenient, or as provided by Section 21.013.
249	249	SECTION 2.019. Sections 22.213(a) and (c), Government Code,
250	250	are amended to read as follows:
251	251	(a) Subject to Section 21.013, the [The] Court of Appeals
252	252	for the Twelfth Court of Appeals District shall be held in the City
253	253	of Tyler.
254	254	(c) The court may transact its business:
255	255	(1) in the City of Tyler or at the county seat of any
256	256	county in the district as the court determines is necessary or
257	257	convenient, except that all cases originating in Smith County shall
258	258	be heard and transacted in the City of Tyler, subject to Subdivision
259	259	(2); or
260	260	(2) as provided by Section 21.013.
261	261	SECTION 2.020. Sections 22.214(a) and (c), Government Code,
262	262	are amended to read as follows:
263	263	(a) Subject to Section 21.013, the [The] Court of Appeals
264	264	for the Thirteenth Court of Appeals District shall be held in the
265	265	City of Corpus Christi and the City of Edinburg.
266	266	(c) The court may transact its business:
267	267	(1) subject to Subdivision (2), at the county seat of
268	268	any county in the district as the court determines is necessary and
269	269	convenient, except that:
270	270	(A) [(1)] all cases originating in Nueces County
271	271	shall be heard and transacted in Nueces County, subject to
272	272	Subdivision (2); and
273	273	(B) [(2)] all cases originating in Cameron,
274	274	Hidalgo, or Willacy County shall be heard and transacted in
275	275	Cameron, Hidalgo, or Willacy County, subject to Subdivision (2); or
276	276	(2) as provided by Section 21.013.
277	277	SECTION 2.021. Sections 22.215(a) and (c), Government Code,
278	278	are amended to read as follows:
279	279	(a) Subject to Section 21.013, the [The] Court of Appeals
280	280	for the Fourteenth Court of Appeals District shall be held in the
281	281	City of Houston.
282	282	(c) The Fourteenth Court of Appeals may transact its
283	283	business in any county in the First Court of Appeals District as the
284	284	court determines necessary and convenient or as provided by Section
285	285	21.013.
286	286	SECTION 2.022. Subchapter A, Chapter 24, Government Code,
287	287	is amended by adding Section 24.0301 to read as follows:
288	288	Sec. 24.0301. REMOTE PROCEEDINGS. Notwithstanding Section
289	289	24.030 or any other provision of this chapter requiring a district
290	290	court to sit and conduct the court's proceedings in a specified
291	291	county or municipality, a district court may conduct the court's
292	292	proceedings as provided by Section 21.013.
293	293	SECTION 2.023. Section 25.0001(a), Government Code, is
294	294	amended to read as follows:
295	295	(a) This subchapter applies to each statutory county
296	296	court in this state. Except as provided by Section 25.00105, if
297	297	[If] a provision of this subchapter conflicts with a specific
298	298	provision for a particular court or county, the specific provision
299	299	controls.
300	300	SECTION 2.024. Subchapter A, Chapter 25, Government Code,
301	301	is amended by adding Section 25.00105 to read as follows:
302	302	Sec. 25.00105. REMOTE PROCEEDINGS. Notwithstanding any
303	303	other law, including a specific provision in this chapter for a
304	304	particular court or county that requires a statutory county court
305	305	to sit and conduct the court's proceedings at the county seat, a
306	306	statutory county court may conduct the court's proceedings as
307	307	provided by Section 21.013.
308	308	SECTION 2.025. Subchapter B, Chapter 25, Government Code,
309	309	is amended by adding Section 25.00305 to read as follows:
310	310	Sec. 25.00305. REMOTE PROCEEDINGS. Notwithstanding any
311	311	other law, including a specific provision in this chapter for a
312	312	particular court or county that requires a statutory probate court
313	313	to sit and conduct the court's proceedings at the county seat, a
314	314	statutory probate court may conduct the court's proceedings as
315	315	provided by Section 21.013.
316	316	SECTION 2.026. Section 26.002(c), Government Code, is
317	317	amended to read as follows:
318	318	(c) All terms of court must be held at the county seat,
319	319	except that the court may conduct the court's proceedings as
320	320	provided by Section 21.013.
321	321	SECTION 2.027. Section 27.051(b), Government Code, is
322	322	amended to read as follows:
323	323	(b) Subject to Section 21.013:
324	324	(1) each [Each] justice shall hold the regular term of
325	325	court at the justice's office at times prescribed by the
326	326	commissioners court; and
327	327	(2) the[. The] commissioners court shall set the time
328	328	and place for holding justice court.
329	329	SECTION 2.028. Section 30.00001(c), Government Code, is
330	330	amended to read as follows:
331	331	(c) Except as provided by Section 30.00138(b)(2), if [If] a
332	332	provision of this subchapter conflicts with a specific provision
333	333	for a particular municipality, the specific provision controls.
334	334	SECTION 2.029. Section 30.00138, Government Code, is
335	335	amended to read as follows:
336	336	Sec. 30.00138. TERM OF COURT. (a) The appellate court may
337	337	sit for the transaction of business at any time during the year, and
338	338	each term begins and ends with the calendar year.
339	339	(b) The appellate court may:
340	340	(1) use the city council chambers or other appropriate
341	341	location as its courtroom for argument of cases and other court
342	342	matters; or
343	343	(2) conduct proceedings as provided by Section 21.013.
344	344	SECTION 2.030. Sections 573.012(a) and (h), Health and
345	345	Safety Code, are amended to read as follows:
346	346	(a) Except as provided by Subsection (h) and Section 21.013,
347	347	Government Code, an applicant for emergency detention must present
348	348	the application personally to a judge or magistrate. The judge or
349	349	magistrate shall examine the application and may interview the
350	350	applicant. Except as provided by Subsection (g), the judge of a
351	351	court with probate jurisdiction by administrative order may provide
352	352	that the application must be:
353	353	(1) presented personally to the court; or
354	354	(2) retained by court staff and presented to another
355	355	judge or magistrate as soon as is practicable if the judge of the
356	356	court is not available at the time the application is presented.
357	357	(h) A judge or magistrate may permit an applicant [who is a
358	358	physician] to present an application by:
359	359	(1) e-mail with the application attached as a secure
360	360	document in a portable document format (PDF); or
361	361	(2) subject to Section 21.013, Government
362	362	Code, secure electronic means, including:
363	363	(A) satellite transmission;
364	364	(B) closed-circuit television transmission; or
365	365	(C) any other method of two-way electronic
366	366	communication that:
367	367	(i) is secure;
368	368	(ii) is available to the judge or
369	369	magistrate; and
370	370	(iii) provides for a simultaneous,
371	371	compressed full-motion video and interactive communication of
372	372	image and sound between the judge or magistrate and the applicant.
373	373	SECTION 2.031. Sections 574.031(a) and (b), Health and
374	374	Safety Code, are amended to read as follows:
375	375	(a) Except as provided by Subsection (b), the judge may hold
376	376	a hearing on an application for court-ordered mental health
377	377	services at any suitable location in the county or as a remote
378	378	proceeding as authorized by Section 21.013, Government Code. The
379	379	hearing should be held in a physical setting that is not likely to
380	380	have a harmful effect on the proposed patient.
381	381	(b) On the request of the proposed patient or the proposed
382	382	patient's attorney the hearing on the application shall be held in
383	383	the county courthouse except as authorized by Section 21.013,
384	384	Government Code.
385	385	SECTION 2.032. Section 574.203(a), Health and Safety Code,
386	386	is amended to read as follows:
387	387	(a) Subject to Section 21.013, Government Code, a [A]
388	388	hearing may be conducted in accordance with this chapter but
389	389	conducted by secure electronic means, including satellite
390	390	transmission, closed-circuit television transmission, or any other
391	391	method of two-way electronic communication that is secure,
392	392	available to the parties, approved by the court, and capable of
393	393	visually and audibly recording the proceedings, if:
394	394	(1) [written consent to the use of a secure electronic
395	395	communication method for the hearing is filed with the court by:
396	396	[(A) the proposed patient or the attorney
397	397	representing the proposed patient; and
398	398	[(B) the county or district attorney, as
399	399	appropriate;
400	400	[(2)] the secure electronic communication method
401	401	provides for a simultaneous, compressed full-motion video, and
402	402	interactive communication of image and sound among the judge or
403	403	associate judge, the county or district attorney, the attorney
404	404	representing the proposed patient, and the proposed patient; and
405	405	(2) [(3)] on request of the proposed patient or the
406	406	attorney representing the proposed patient, the proposed patient
407	407	and the attorney can communicate privately without being recorded
408	408	or heard by the judge or associate judge or by the county or
409	409	district attorney.
410	410	SECTION 2.033. Section 292.001(d), Local Government Code,
411	411	is amended to read as follows:
412	412	(d) A justice of the peace court may not be housed or
413	413	conducted in a building located outside the court's precinct except
414	414	as provided by Section 21.013, 27.051(f), or 27.0515, Government
415	415	Code, or unless the justice of the peace court is situated in the
416	416	county courthouse in a county with a population of at least 275,000
417	417	persons but no more than 285,000 persons.
418	418	SECTION 2.034. The following provisions are repealed:
419	419	(1) Section 30.012(b), Civil Practice and Remedies
420	420	Code; and
421	421	(2) Section 54.012(b), Family Code.
422	422	ARTICLE 3. EFFECTIVE DATE
423	423	SECTION 3.001. This Act takes effect September 1, 2021.