| 1 | 1 | | 87R3895 EAS-F |
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| 2 | 2 | | By: Menéndez S.B. No. 759 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of remote technology when conducting probate or |
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| 8 | 8 | | guardianship proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 53, Estates Code, is |
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| 11 | 11 | | amended by adding Section 53.108 to read as follows: |
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| 12 | 12 | | Sec. 53.108. USE OF REMOTE TECHNOLOGY IN PROBATE |
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| 13 | 13 | | PROCEEDINGS. (a) In this section, "remote technology" includes |
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| 14 | 14 | | teleconference and videoconference technology. |
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| 15 | 15 | | (b) A probate proceeding conducted through remote |
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| 16 | 16 | | technology is considered to be conducted in open court. Testimony |
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| 17 | 17 | | provided through remote technology in a probate proceeding is |
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| 18 | 18 | | considered to be taken in open court. A decision, order, decree, or |
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| 19 | 19 | | judgment rendered through remote technology in a probate proceeding |
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| 20 | 20 | | is considered to be rendered in open court. |
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| 21 | 21 | | (c) A court that conducts a probate proceeding through |
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| 22 | 22 | | remote technology must: |
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| 23 | 23 | | (1) ensure that the public maintains access to the |
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| 24 | 24 | | proceeding; and |
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| 25 | 25 | | (2) establish and make readily available to the |
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| 26 | 26 | | parties and the public guidelines regarding the conduct of probate |
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| 27 | 27 | | proceedings through remote technology. |
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| 28 | 28 | | SECTION 2. Subchapter C, Chapter 1053, Estates Code, is |
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| 29 | 29 | | amended by adding Section 1053.106 to read as follows: |
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| 30 | 30 | | Sec. 1053.106. USE OF REMOTE TECHNOLOGY IN GUARDIANSHIP |
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| 31 | 31 | | PROCEEDINGS. (a) In this section, "remote technology" includes |
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| 32 | 32 | | teleconference and videoconference technology. |
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| 33 | 33 | | (b) A guardianship proceeding conducted through remote |
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| 34 | 34 | | technology is considered to be conducted in open court. Testimony |
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| 35 | 35 | | provided through remote technology in a guardianship proceeding is |
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| 36 | 36 | | considered to be taken in open court. A decision, order, decree, or |
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| 37 | 37 | | judgment rendered through remote technology in a guardianship |
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| 38 | 38 | | proceeding is considered to be rendered in open court. |
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| 39 | 39 | | (c) A court that conducts a guardianship proceeding through |
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| 40 | 40 | | remote technology must: |
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| 41 | 41 | | (1) ensure that the public maintains access to the |
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| 42 | 42 | | proceeding; and |
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| 43 | 43 | | (2) establish and make readily available to the |
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| 44 | 44 | | parties and the public guidelines regarding the conduct of |
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| 45 | 45 | | guardianship proceedings through remote technology. |
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| 46 | 46 | | SECTION 3. The changes in law made by this Act apply to a |
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| 47 | 47 | | probate or guardianship proceeding that is pending on, or commenced |
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| 48 | 48 | | on or after, the effective date of this Act. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2021. |
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