87R3895 EAS-F
By: Menéndez S.B. No. 759
A BILL TO BE ENTITLED
AN ACT
relating to the use of remote technology when conducting probate or
guardianship proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 53, Estates Code, is
amended by adding Section 53.108 to read as follows:
Sec. 53.108. USE OF REMOTE TECHNOLOGY IN PROBATE
PROCEEDINGS. (a) In this section, "remote technology" includes
teleconference and videoconference technology.
(b) A probate proceeding conducted through remote
technology is considered to be conducted in open court. Testimony
provided through remote technology in a probate proceeding is
considered to be taken in open court. A decision, order, decree, or
judgment rendered through remote technology in a probate proceeding
is considered to be rendered in open court.
(c) A court that conducts a probate proceeding through
remote technology must:
(1) ensure that the public maintains access to the
proceeding; and
(2) establish and make readily available to the
parties and the public guidelines regarding the conduct of probate
proceedings through remote technology.
SECTION 2. Subchapter C, Chapter 1053, Estates Code, is
amended by adding Section 1053.106 to read as follows:
Sec. 1053.106. USE OF REMOTE TECHNOLOGY IN GUARDIANSHIP
PROCEEDINGS. (a) In this section, "remote technology" includes
teleconference and videoconference technology.
(b) A guardianship proceeding conducted through remote
technology is considered to be conducted in open court. Testimony
provided through remote technology in a guardianship proceeding is
considered to be taken in open court. A decision, order, decree, or
judgment rendered through remote technology in a guardianship
proceeding is considered to be rendered in open court.
(c) A court that conducts a guardianship proceeding through
remote technology must:
(1) ensure that the public maintains access to the
proceeding; and
(2) establish and make readily available to the
parties and the public guidelines regarding the conduct of
guardianship proceedings through remote technology.
SECTION 3. The changes in law made by this Act apply to a
probate or guardianship proceeding that is pending on, or commenced
on or after, the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.