Bill Text: TX SB759 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the use of remote technology when conducting probate or guardianship proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to State Affairs [SB759 Detail]
Download: Texas-2021-SB759-Introduced.html
| 87R3895 EAS-F | ||
| By: Menéndez | S.B. No. 759 | |
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| relating to the use of remote technology when conducting probate or | ||
| guardianship proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 53, Estates Code, is | ||
| amended by adding Section 53.108 to read as follows: | ||
| Sec. 53.108. USE OF REMOTE TECHNOLOGY IN PROBATE | ||
| PROCEEDINGS. (a) In this section, "remote technology" includes | ||
| teleconference and videoconference technology. | ||
| (b) A probate proceeding conducted through remote | ||
| technology is considered to be conducted in open court. Testimony | ||
| provided through remote technology in a probate proceeding is | ||
| considered to be taken in open court. A decision, order, decree, or | ||
| judgment rendered through remote technology in a probate proceeding | ||
| is considered to be rendered in open court. | ||
| (c) A court that conducts a probate proceeding through | ||
| remote technology must: | ||
| (1) ensure that the public maintains access to the | ||
| proceeding; and | ||
| (2) establish and make readily available to the | ||
| parties and the public guidelines regarding the conduct of probate | ||
| proceedings through remote technology. | ||
| SECTION 2. Subchapter C, Chapter 1053, Estates Code, is | ||
| amended by adding Section 1053.106 to read as follows: | ||
| Sec. 1053.106. USE OF REMOTE TECHNOLOGY IN GUARDIANSHIP | ||
| PROCEEDINGS. (a) In this section, "remote technology" includes | ||
| teleconference and videoconference technology. | ||
| (b) A guardianship proceeding conducted through remote | ||
| technology is considered to be conducted in open court. Testimony | ||
| provided through remote technology in a guardianship proceeding is | ||
| considered to be taken in open court. A decision, order, decree, or | ||
| judgment rendered through remote technology in a guardianship | ||
| proceeding is considered to be rendered in open court. | ||
| (c) A court that conducts a guardianship proceeding through | ||
| remote technology must: | ||
| (1) ensure that the public maintains access to the | ||
| proceeding; and | ||
| (2) establish and make readily available to the | ||
| parties and the public guidelines regarding the conduct of | ||
| guardianship proceedings through remote technology. | ||
| SECTION 3. The changes in law made by this Act apply to a | ||
| probate or guardianship proceeding that is pending on, or commenced | ||
| on or after, the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
