Bill Text: TX SB690 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to remotely conducting court proceedings in this state.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-04-22 - Left pending in committee [SB690 Detail]
Download: Texas-2021-SB690-Introduced.html
By: Zaffirini | S.B. No. 690 | |
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relating to remotely conducting court proceedings in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. REMOTE PROCEEDINGS | ||
SECTION 1.001. 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 1.002. 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, a court in this state 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 without the consent of the parties unless the United | ||
States Constitution or Texas Constitution requires consent; 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) In any criminal proceeding that under the United States | ||
Constitution or Texas Constitution requires the consent of the | ||
parties for the proceeding to be conducted as a remote proceeding, | ||
the prosecutor and defendant must each consent for the proceeding | ||
to be conducted as a remote proceeding. If the prosecutor or | ||
defendant does not consent, the proceeding may not be held as a | ||
remote proceeding. | ||
(c) For a jury trial that is to be conducted as a remote | ||
proceeding, a court shall: | ||
(1) 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; and | ||
(2) ensure all prospective jurors have access to the | ||
technology necessary to participate in the remote proceeding. | ||
(d) If a remote proceeding is conducted away from the | ||
court's usual location, the court must provide reasonable notice to | ||
the public and an opportunity to observe the proceeding. | ||
(e) 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. | ||
(f) 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. | ||
ARTICLE 2. CONFORMING CHANGES | ||
SECTION 2.001. Section 30.012(a), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(a) Subject [ |
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to Section 21.013, Government Code [ |
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may order that a hearing of a preliminary matter or witness | ||
testimony at trial may be conducted by electronic means, including | ||
satellite transmission, closed-circuit television transmission, or | ||
any other method of two-way electronic communication that is | ||
available to the parties, approved by the court, and capable of | ||
visually and audibly recording the proceedings. | ||
SECTION 2.002. Article 27.18(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Subject to Section 21.013, Government Code, and | ||
notwithstanding [ |
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requiring that a plea or a waiver of a defendant's right be made in | ||
open court, a court may accept the plea or waiver by videoconference | ||
to the court if: | ||
(1) [ |
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[ |
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simultaneous, compressed full motion video, and interactive | ||
communication of image and sound between the judge, the attorney | ||
representing the state, the defendant, and the defendant's | ||
attorney; and | ||
(2) [ |
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and the defendant's attorney are able to communicate privately | ||
without being recorded or heard by the judge or the attorney | ||
representing the state. | ||
SECTION 2.003. Section 53.102(a), Estates Code, is amended | ||
to read as follows: | ||
(a) If a judge is unable to designate the time and place, or | ||
the time and remote means in accordance with Section 21.013, | ||
Government Code, for hearing a probate matter pending in the | ||
judge's court because the judge [ |
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is on vacation, disqualified, ill, or deceased, the county clerk of | ||
the county in which the matter is pending may: | ||
(1) designate the time and place, or the time and | ||
remote means in accordance with Section 21.013, Government Code, | ||
for the hearing; | ||
(2) enter the setting on the judge's docket; and | ||
(3) certify on the docket the reason that the judge is | ||
not acting to set the hearing. | ||
SECTION 2.004. Section 1053.102(a), Estates Code, is | ||
amended to read as follows: | ||
(a) If a judge is unable to designate the time and place, or | ||
the time and remote means in accordance with Section 21.013, | ||
Government Code, for hearing a guardianship proceeding pending in | ||
the judge's court because the judge [ |
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clerk of the county in which the proceeding is pending may: | ||
(1) designate the time and place, or the time and | ||
remote means in accordance with Section 21.013, Government Code, | ||
for the hearing; | ||
(2) enter the setting on the judge's docket; and | ||
(3) certify on the docket the reason that the judge is | ||
not acting to set the hearing. | ||
SECTION 2.005. Section 1055.053, Estates Code, is amended | ||
to read as follows: | ||
Sec. 1055.053. LOCATION OR MEANS OF HEARING. (a) Except as | ||
provided by Subsection (b), the judge may hold a hearing on a | ||
guardianship proceeding involving an adult ward or adult proposed | ||
ward at any suitable location in the county in which the | ||
guardianship proceeding is pending or as a remote proceeding as | ||
authorized by Section 21.013, Government Code. The hearing should | ||
be held in a physical setting that is not likely to have a harmful | ||
effect on the ward or proposed ward. | ||
(b) On the request of the adult proposed ward, the adult | ||
ward, or the attorney of the proposed ward or ward, the hearing may | ||
not be held under the authority of this section at a place other | ||
than the courthouse except as authorized by Section 21.013, | ||
Government Code. | ||
SECTION 2.006. Section 51.115(c), Family Code, is amended | ||
to read as follows: | ||
(c) A person required under this section to attend a hearing | ||
is entitled to reasonable written or oral notice that includes a | ||
statement of the location of, subject to Section 21.013, Government | ||
Code, and the [ |
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attendance of the person is required. The notice may be included | ||
with or attached to any other notice required by this chapter to be | ||
given the person. Separate notice is not required for a disposition | ||
hearing that convenes on the adjournment of an adjudication | ||
hearing. If a person required under this section fails to attend a | ||
hearing, the juvenile court may proceed with the hearing. | ||
SECTION 2.007. Section 54.012(a), Family Code, is amended | ||
to read as follows: | ||
(a) Subject to Section 21.013, Government Code, a [ |
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detention hearing under Section 54.01 may be held using interactive | ||
video equipment if[ |
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[ |
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[ |
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opportunity to cross-examine witnesses. | ||
SECTION 2.008. Sections 22.202(a) and (g), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the First Court of Appeals District shall be held in the City of | ||
Houston. | ||
(g) The First Court of Appeals may transact its business in | ||
any county in the First Court of Appeals District as the court | ||
determines necessary and convenient or as provided by Section | ||
21.013. | ||
SECTION 2.009. Sections 22.203(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Second Court of Appeals District shall be held in the City | ||
of Fort Worth. | ||
(b) The court may transact its business in any county in the | ||
district as the court determines is necessary or convenient or as | ||
provided by Section 21.013. | ||
SECTION 2.010. Sections 22.204(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Third Court of Appeals District shall be held in the City of | ||
Austin. | ||
(b) The court may transact its business: | ||
(1) at the county seat of any of the counties within | ||
its district as the court determines is necessary and convenient, | ||
except that all cases originating in Travis County shall be heard | ||
and transacted in that county, subject to Subdivision (2); or | ||
(2) as provided by Section 21.013. | ||
SECTION 2.011. Section 22.205, Government Code, is amended | ||
to read as follows: | ||
Sec. 22.205. FOURTH COURT OF APPEALS. (a) Subject to | ||
Section 21.013, the [ |
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Appeals District shall be held in the City of San Antonio. | ||
(b) The court may transact its business: | ||
(1) at the county seat of any of the counties within | ||
its district, as the court determines is necessary and convenient, | ||
except that all cases originating in Bexar County that the court | ||
hears shall be heard and transacted in that county, subject to | ||
Subdivision (2); or | ||
(2) as provided by Section 21.013. | ||
SECTION 2.012. Sections 22.206(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Fifth Court of Appeals District shall be primarily held in | ||
the City of Dallas. | ||
(b) The court may transact its business in any county in the | ||
district as the court determines is necessary and convenient or as | ||
provided by Section 21.013. | ||
SECTION 2.013. Section 22.207, Government Code, is amended | ||
to read as follows: | ||
Sec. 22.207. SIXTH COURT OF APPEALS. (a) Subject to | ||
Section 21.013, the [ |
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Appeals District shall be held in the City of Texarkana. | ||
(b) The court may transact its business: | ||
(1) in the City of Texarkana or the county seat of any | ||
county in the district as the court determines is necessary or | ||
convenient, except that all cases originating in Bowie County shall | ||
be heard and transacted in the City of Texarkana, subject to | ||
Subdivision (2); or | ||
(2) as provided by Section 21.013. | ||
SECTION 2.014. Section 22.208, Government Code, is amended | ||
to read as follows: | ||
Sec. 22.208. SEVENTH COURT OF APPEALS. Subject to Section | ||
21.013, the [ |
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District shall be held in the City of Amarillo. | ||
SECTION 2.015. Section 22.209, Government Code, is amended | ||
to read as follows: | ||
Sec. 22.209. EIGHTH COURT OF APPEALS. (a) Subject to | ||
Section 21.013, the [ |
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Appeals District shall be held in the City of El Paso. | ||
(b) The court may transact its business: | ||
(1) at the county seat of any county in the district as | ||
the court determines is necessary and convenient, except all cases | ||
originating in El Paso County shall be heard and transacted in that | ||
county, subject to Subdivision (2); or | ||
(2) as provided by Section 21.013. | ||
SECTION 2.016. Sections 22.210(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Ninth Court of Appeals District shall be held in the City of | ||
Beaumont. | ||
(c) The court may transact its business in the City of | ||
Beaumont or the county seat of any county in the district as the | ||
court determines is necessary or convenient, or as provided by | ||
Section 21.013. | ||
SECTION 2.017. Section 22.211(a), Government Code, is | ||
amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Tenth Court of Appeals District shall be held in the City of | ||
Waco or in the county seat of any county located within the Tenth | ||
Court of Appeals District. | ||
SECTION 2.018. Sections 22.212(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Eleventh Court of Appeals District shall be held in the City | ||
of Eastland. | ||
(c) The court may transact its business in the City of | ||
Eastland or in any county in the district as the court determines is | ||
necessary or convenient, or as provided by Section 21.013. | ||
SECTION 2.019. Sections 22.213(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Twelfth Court of Appeals District shall be held in the City | ||
of Tyler. | ||
(c) The court may transact its business: | ||
(1) in the City of Tyler or at the county seat of any | ||
county in the district as the court determines is necessary or | ||
convenient, except that all cases originating in Smith County shall | ||
be heard and transacted in the City of Tyler, subject to Subdivision | ||
(2); or | ||
(2) as provided by Section 21.013. | ||
SECTION 2.020. Sections 22.214(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Thirteenth Court of Appeals District shall be held in the | ||
City of Corpus Christi and the City of Edinburg. | ||
(c) The court may transact its business: | ||
(1) subject to Subdivision (2), at the county seat of | ||
any county in the district as the court determines is necessary and | ||
convenient, except that: | ||
(A) [ |
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shall be heard and transacted in Nueces County, subject to | ||
Subdivision (2); and | ||
(B) [ |
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Hidalgo, or Willacy County shall be heard and transacted in | ||
Cameron, Hidalgo, or Willacy County, subject to Subdivision (2); or | ||
(2) as provided by Section 21.013. | ||
SECTION 2.021. Sections 22.215(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Section 21.013, the [ |
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for the Fourteenth Court of Appeals District shall be held in the | ||
City of Houston. | ||
(c) The Fourteenth Court of Appeals may transact its | ||
business in any county in the First Court of Appeals District as the | ||
court determines necessary and convenient or as provided by Section | ||
21.013. | ||
SECTION 2.022. Subchapter A, Chapter 24, Government Code, | ||
is amended by adding Section 24.0301 to read as follows: | ||
Sec. 24.0301. REMOTE PROCEEDINGS. Notwithstanding Section | ||
24.030 or any other provision of this chapter requiring a district | ||
court to sit and conduct the court's proceedings in a specified | ||
county or municipality, a district court may conduct the court's | ||
proceedings as provided by Section 21.013. | ||
SECTION 2.023. Section 25.0001(a), Government Code, is | ||
amended to read as follows: | ||
(a) This subchapter applies to each statutory county | ||
court in this state. Except as provided by Section 25.00105, if | ||
[ |
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provision for a particular court or county, the specific provision | ||
controls. | ||
SECTION 2.024. Subchapter A, Chapter 25, Government Code, | ||
is amended by adding Section 25.00105 to read as follows: | ||
Sec. 25.00105. REMOTE PROCEEDINGS. Notwithstanding any | ||
other law, including a specific provision in this chapter for a | ||
particular court or county that requires a statutory county court | ||
to sit and conduct the court's proceedings at the county seat, a | ||
statutory county court may conduct the court's proceedings as | ||
provided by Section 21.013. | ||
SECTION 2.025. Subchapter B, Chapter 25, Government Code, | ||
is amended by adding Section 25.00305 to read as follows: | ||
Sec. 25.00305. REMOTE PROCEEDINGS. Notwithstanding any | ||
other law, including a specific provision in this chapter for a | ||
particular court or county that requires a statutory probate court | ||
to sit and conduct the court's proceedings at the county seat, a | ||
statutory probate court may conduct the court's proceedings as | ||
provided by Section 21.013. | ||
SECTION 2.026. Section 26.002(c), Government Code, is | ||
amended to read as follows: | ||
(c) All terms of court must be held at the county seat, | ||
except that the court may conduct the court's proceedings as | ||
provided by Section 21.013. | ||
SECTION 2.027. Section 27.051(b), Government Code, is | ||
amended to read as follows: | ||
(b) Subject to Section 21.013: | ||
(1) each [ |
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court at the justice's office at times prescribed by the | ||
commissioners court; and | ||
(2) the[ |
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and place for holding justice court. | ||
SECTION 2.028. Section 30.00001(c), Government Code, is | ||
amended to read as follows: | ||
(c) Except as provided by Section 30.00138(b)(2), if [ |
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provision of this subchapter conflicts with a specific provision | ||
for a particular municipality, the specific provision controls. | ||
SECTION 2.029. Section 30.00138, Government Code, is | ||
amended to read as follows: | ||
Sec. 30.00138. TERM OF COURT. (a) The appellate court may | ||
sit for the transaction of business at any time during the year, and | ||
each term begins and ends with the calendar year. | ||
(b) The appellate court may: | ||
(1) use the city council chambers or other appropriate | ||
location as its courtroom for argument of cases and other court | ||
matters; or | ||
(2) conduct proceedings as provided by Section 21.013. | ||
SECTION 2.030. Sections 573.012(a) and (h), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (h) and Section 21.013, | ||
Government Code, an applicant for emergency detention must present | ||
the application personally to a judge or magistrate. The judge or | ||
magistrate shall examine the application and may interview the | ||
applicant. Except as provided by Subsection (g), the judge of a | ||
court with probate jurisdiction by administrative order may provide | ||
that the application must be: | ||
(1) presented personally to the court; or | ||
(2) retained by court staff and presented to another | ||
judge or magistrate as soon as is practicable if the judge of the | ||
court is not available at the time the application is presented. | ||
(h) A judge or magistrate may permit an applicant [ |
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(1) e-mail with the application attached as a secure | ||
document in a portable document format (PDF); or | ||
(2) subject to Section 21.013, Government | ||
Code, secure electronic means, including: | ||
(A) satellite transmission; | ||
(B) closed-circuit television transmission; or | ||
(C) any other method of two-way electronic | ||
communication that: | ||
(i) is secure; | ||
(ii) is available to the judge or | ||
magistrate; and | ||
(iii) provides for a simultaneous, | ||
compressed full-motion video and interactive communication of | ||
image and sound between the judge or magistrate and the applicant. | ||
SECTION 2.031. Sections 574.031(a) and (b), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b), the judge may hold | ||
a hearing on an application for court-ordered mental health | ||
services at any suitable location in the county or as a remote | ||
proceeding as authorized by Section 21.013, Government Code. The | ||
hearing should be held in a physical setting that is not likely to | ||
have a harmful effect on the proposed patient. | ||
(b) On the request of the proposed patient or the proposed | ||
patient's attorney the hearing on the application shall be held in | ||
the county courthouse except as authorized by Section 21.013, | ||
Government Code. | ||
SECTION 2.032. Section 574.203(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) Subject to Section 21.013, Government Code, a [ |
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hearing may be conducted in accordance with this chapter but | ||
conducted by secure electronic means, including satellite | ||
transmission, closed-circuit television transmission, or any other | ||
method of two-way electronic communication that is secure, | ||
available to the parties, approved by the court, and capable of | ||
visually and audibly recording the proceedings, if: | ||
(1) [ |
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[ |
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[ |
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[ |
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provides for a simultaneous, compressed full-motion video, and | ||
interactive communication of image and sound among the judge or | ||
associate judge, the county or district attorney, the attorney | ||
representing the proposed patient, and the proposed patient; and | ||
(2) [ |
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attorney representing the proposed patient, the proposed patient | ||
and the attorney can communicate privately without being recorded | ||
or heard by the judge or associate judge or by the county or | ||
district attorney. | ||
SECTION 2.033. Section 292.001(d), Local Government Code, | ||
is amended to read as follows: | ||
(d) A justice of the peace court may not be housed or | ||
conducted in a building located outside the court's precinct except | ||
as provided by Section 21.013, 27.051(f), or 27.0515, Government | ||
Code, or unless the justice of the peace court is situated in the | ||
county courthouse in a county with a population of at least 275,000 | ||
persons but no more than 285,000 persons. | ||
SECTION 2.034. The following provisions are repealed: | ||
(1) Section 30.012(b), Civil Practice and Remedies | ||
Code; and | ||
(2) Section 54.012(b), Family Code. | ||
ARTICLE 3. EFFECTIVE DATE | ||
SECTION 3.001. This Act takes effect September 1, 2021. |