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       A BILL TO BE ENTITLED   AN ACT   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.