Bill Caption

Relating to remotely conducting court proceedings in this state.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 3611 would permit any court in the state to conduct a proceeding remotely or allow any participant in the proceeding to participate remotely on the motion of any party or as the court deems appropriate. If a court chooses to conduct a proceeding remotely, they would be required to give adequate notice to each party, allow a party to file an objection, and modify the proceeding if a participant notifies them that they are unable to participate remotely. For any criminal proceeding for an offense punishable by confinement, the prosecuting attorney and defendant would have to both agree to a remote proceeding. Similarly, HB 3611 would require each party to agree to a remote jury trial if the trial is taking place in a district court, statutory county court, statutory probate court, or county court.

HB 3611 would require the Supreme Court of Texas to adopt rules implementing the bill's changes upon passage.

Vote Recommendation Notes

Texas Action supports HB 3611 because it would advance limited government. Conducting court proceedings remotely, especially those that are less consequential, would increase efficiency and lower the cost of the proceedings. Crucially, HB 3611 would require unanimous agreement in proceedings in which physical presence is an important element of due process, such as criminal proceedings and jury trials. The bill would strike the right balance between increasing efficiency and protecting the due process rights of participants in legal proceedings.