Bill Text: TX HB3611 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to remotely conducting court proceedings in this state.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB3611 Detail]
Download: Texas-2021-HB3611-Comm_Sub.html
87R22026 YDB-F | |||
By: Leach | H.B. No. 3611 | ||
Substitute the following for H.B. No. 3611: | |||
By: Schofield | C.S.H.B. No. 3611 |
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relating to remotely conducting court proceedings in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.009, Government Code, is amended by | ||
adding Subdivision (5) to read as follows: | ||
(5) "Remote proceeding" means a proceeding before a | ||
court in which one or more of the participants, including a judge, | ||
party, attorney, witness, court reporter, juror, or other | ||
individual, attends the proceeding remotely through the use of | ||
technology and the Internet. | ||
SECTION 2. Chapter 21, Government Code, is amended by | ||
adding Section 21.013 to read as follows: | ||
Sec. 21.013. OPTION FOR REMOTE PROCEEDING. (a) | ||
Notwithstanding any other law and except as limited by the United | ||
States Constitution, the Texas Constitution, rules adopted by the | ||
Texas Supreme Court, or this section, a court in this state as the | ||
court determines appropriate, on the court's own motion or on the | ||
motion of any party, may: | ||
(1) conduct a hearing or other proceeding as a remote | ||
proceeding; and | ||
(2) allow or require a judge, party, attorney, | ||
witness, court reporter, juror, or any other individual to | ||
participate in a remote proceeding, including a deposition, | ||
hearing, trial, or other proceeding. | ||
(b) A court that elects to conduct a remote proceeding must: | ||
(1) provide adequate notice of the remote proceeding | ||
to the parties to the proceeding; | ||
(2) allow a party to file with the court a motion | ||
objecting to the remote proceeding and requesting an in-person | ||
proceeding not later than the 10th day after the date the party | ||
receives the notice; and | ||
(3) provide a method for a person described by | ||
Subsection (a)(2) to notify the court that the person is unable to | ||
participate in the remote proceeding because the person is a person | ||
with a disability, lacks the required technology, or shows other | ||
good cause and: | ||
(A) provide an alternate method for the person to | ||
participate that accommodates the disability, lack of technology, | ||
or other situation; | ||
(B) allow the person to appear in person; or | ||
(C) conduct the proceeding as an in-person | ||
proceeding. | ||
(c) On the court's receipt from any party to a proceeding of | ||
a motion objecting to the conduct of the proceeding as a remote | ||
proceeding and requesting an in-person proceeding, the court shall | ||
consider the motion and grant the motion for good cause shown. | ||
(d) In any contested adversarial or contested evidentiary | ||
criminal proceeding for an offense punishable by confinement, the | ||
prosecutor and defendant must each agree for the proceeding to be | ||
conducted as a remote proceeding. If the prosecutor or defendant | ||
does not agree, the proceeding may not be held as a remote | ||
proceeding. | ||
(e) A district court, statutory county court, statutory | ||
probate court, or county court may not conduct a jury trial as a | ||
remote proceeding unless each party to the proceeding agrees to | ||
conduct the proceeding as a remote proceeding. | ||
(f) For a jury trial that is to be conducted as a remote | ||
proceeding in a justice or municipal court, the court shall | ||
consider on the record any motion or objection related to | ||
proceeding with the trial not later than the seventh day before the | ||
trial date, except that if the motion or objection is made later | ||
than the seventh day before the trial date, the court must consider | ||
the motion or objection on the record as soon as practicable. | ||
(g) A court that conducts a jury trial as a remote | ||
proceeding shall ensure all prospective jurors have access to the | ||
technology necessary to participate in the remote proceeding. | ||
(h) A court that conducts a remote proceeding at a location | ||
other than the location the court regularly conducts proceedings | ||
must provide to the public reasonable notice of the location of the | ||
remote proceeding and an opportunity to observe the remote | ||
proceeding. | ||
(i) The Office of Court Administration of the Texas Judicial | ||
System shall provide guidance and assistance to the extent possible | ||
to a court conducting a remote proceeding. | ||
(j) For purposes of any law requiring notice or citation of | ||
the time and place for a proceeding, notice of the remote means by | ||
which the proceeding will be conducted and the method for accessing | ||
the proceeding through that remote means constitutes notice of the | ||
place for the proceeding. | ||
SECTION 3. The following provisions are repealed: | ||
(1) Section 30.012(b), Civil Practice and Remedies | ||
Code; and | ||
(2) Section 54.012(b), Family Code. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the Texas Supreme Court shall adopt the rules necessary | ||
to implement the changes in law made by this Act. Before adopting | ||
the rules, the supreme court must consult with interested parties, | ||
including prosecutors, criminal defense attorneys, judges, and | ||
representatives from the State Bar of Texas and Disability Rights | ||
Texas. | ||
SECTION 5. The Texas Legislative Council, with the | ||
assistance of the Office of Court Administration of the Texas | ||
Judicial System, shall prepare for consideration by the 88th | ||
Legislature a nonsubstantive revision of the statutes of this state | ||
as necessary to reflect the changes in law made by this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. |