By: Leach 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:   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 [With the agreement of the parties, and subject]   to Section 21.013, Government Code [Subsection (b)], a trial judge   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 [Notwithstanding] any provision of this code   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)  [the defendant and the attorney representing the   state file with the court written consent to the use of   videoconference;                [(2)]  the videoconference provides for a   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) [(3)]  on request of the defendant, the defendant   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 [is absent from the county seat or]   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 [is absent from the county seat   or] is on vacation, disqualified, ill, or deceased, the county   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 [place,] date[,] and time of, the hearing and that the   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 [A]   detention hearing under Section 54.01 may be held using interactive   video equipment if[:                [(1)  the child and the child's attorney agree to the   video hearing; and                [(2)]  the parties to the proceeding have the   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 [The] Court of Appeals   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 [The] Court of Appeals   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 [The] Court of Appeals   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 [The] Court of Appeals for the Fourth Court of   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 [The] Court of Appeals   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 [The] Court of Appeals for the Sixth Court of   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 [The] Court of Appeals for the Seventh Court of Appeals   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 [The] Court of Appeals for the Eighth Court of   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 [The] Court of Appeals   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 [The] Court of Appeals   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 [The] Court of Appeals   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 [The] Court of Appeals   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 [The] Court of Appeals   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) [(1)]  all cases originating in Nueces County   shall be heard and transacted in Nueces County, subject to   Subdivision (2); and                      (B) [(2)]  all cases originating in Cameron,   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 [The] Court of Appeals   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 [If] a   provision of this subchapter conflicts with a specific 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 [Each] justice shall hold the regular term of   court at the justice's office at times prescribed by the   commissioners court; and                (2)  the[. The] commissioners court shall set the time   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 [If] a   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 [who is a   physician] to present an application by:                (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 [A]   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)  [written consent to the use of a secure electronic   communication method for the hearing is filed with the court by:                      [(A)  the proposed patient or the attorney   representing the proposed patient; and                      [(B)  the county or district attorney, as   appropriate;                [(2)]  the secure electronic communication method   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) [(3)]  on request of the proposed patient or the   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.