Texas Senate Bill SB759

Texas 2021 - 87th Regular

Caption

Relating to the use of remote technology when conducting probate or guardianship proceedings.

Impact

The enactment of SB759 signifies a shift towards integrating technology in legal processes, potentially expediting proceedings and allowing for broader access for individuals who may not be able to attend court in person due to health, mobility, or other constraints. By establishing that proceedings conducted remotely are treated equivalently to in-person meetings, the bill paves the way for the legal system to remain functional during unforeseen circumstances like pandemics, while also promoting a more inclusive environment for participation in the judicial process.

Summary

SB759 aims to enhance the accessibility and efficiency of probate and guardianship proceedings by authorizing the use of remote technology, including teleconference and videoconference. The bill amends the Estates Code, clearly stipulating that notable judicial actions conducted through remote technology will be considered as occurring ‘in open court.’ This change reflects an adaptation to modern technologies, aiming to provide a more flexible approach to legal proceedings, especially in instances where physical attendance may be challenging.

Contention

While proponents of the bill may argue for the efficiency of remote hearings, there could be concerns regarding the fairness and transparency of conducting judicial processes via technology. Critics might worry about potential inequities in access to technology among different populations and how that may affect individuals' ability to participate fully in their legal proceedings. Additionally, there is the question of how courts will ensure that proper guidelines are established and adhered to in remote hearings to maintain the integrity of the judicial process.