| 1 | 1 | | 89R798 MCF-D |
|---|
| 2 | 2 | | By: Perry S.B. No. 299 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to remotely conducting depositions, hearings, and other |
|---|
| 10 | 10 | | proceedings in juvenile cases. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 51, Family Code, is amended by adding |
|---|
| 13 | 13 | | Section 51.055 to read as follows: |
|---|
| 14 | 14 | | Sec. 51.055. REMOTE CONDUCT OF PROCEEDINGS. (a) In this |
|---|
| 15 | 15 | | section, "remote proceeding" means a proceeding in which one or |
|---|
| 16 | 16 | | more of the participants, including a judge, party, attorney, |
|---|
| 17 | 17 | | witness, court reporter, or other individual, attends the |
|---|
| 18 | 18 | | proceeding remotely through the use of technology and the Internet, |
|---|
| 19 | 19 | | including through teleconferencing or videoconferencing. |
|---|
| 20 | 20 | | (b) A juvenile court may: |
|---|
| 21 | 21 | | (1) conduct a hearing or other proceeding under this |
|---|
| 22 | 22 | | title as a remote proceeding without the consent of the parties |
|---|
| 23 | 23 | | unless the United States or Texas Constitution requires consent; |
|---|
| 24 | 24 | | and |
|---|
| 25 | 25 | | (2) allow or require a party, attorney, witness, court |
|---|
| 26 | 26 | | reporter, or any other individual to participate in a remote |
|---|
| 27 | 27 | | proceeding, including a deposition, hearing, or other proceeding |
|---|
| 28 | 28 | | under this title. |
|---|
| 29 | 29 | | (c) The judge of a juvenile court shall submit to the Office |
|---|
| 30 | 30 | | of Court Administration of the Texas Judicial System a plan for |
|---|
| 31 | 31 | | conducting remote proceedings under this title. The plan must: |
|---|
| 32 | 32 | | (1) include protocols for handling physical evidence; |
|---|
| 33 | 33 | | and |
|---|
| 34 | 34 | | (2) require an unobstructed view of any party or |
|---|
| 35 | 35 | | witness who provides testimony from a remote location. |
|---|
| 36 | 36 | | SECTION 2. Section 54.012(e), Family Code, is amended to |
|---|
| 37 | 37 | | read as follows: |
|---|
| 38 | 38 | | (e) In this section, "remote proceeding" has the meaning |
|---|
| 39 | 39 | | assigned by Section 51.055 [means a proceeding in which one or more |
|---|
| 40 | 40 | | of the participants, including a judge, party, attorney, witness, |
|---|
| 41 | 41 | | court reporter, or other individual, attends the proceeding |
|---|
| 42 | 42 | | remotely through the use of technology and the Internet, including |
|---|
| 43 | 43 | | through teleconferencing or videoconferencing]. |
|---|
| 44 | 44 | | SECTION 3. Sections 54.012(a-1) and (a-2), Family Code, are |
|---|
| 45 | 45 | | repealed. |
|---|
| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|