This section sets where business court chambers must be located, how the court is staffed, and when the court may use remote proceedings.
Sec. 25A.017. COURT LOCATION; STAFFING. (a) In this section, "remote proceeding" means a proceeding before the business court in which one or more of the participants, including a judge, party, attorney, witness, court reporter, or other individual attends the proceeding remotely through the use of technology. (b) The administrative presiding judge of the business court shall manage administrative and personnel matters on behalf of the court. The administrative presiding judge of the business court shall appoint a clerk, whose office shall be located in Travis County in facilities provided by this state. The clerk shall: (1) accept all filings in the business court; and (2) fulfill the legal and administrative functions of a district clerk. (c) Each business court judge shall maintain chambers in the county with the largest population within the geographic boundaries of the division to which the judge is appointed, or in a county adjacent to that county and within the geographic boundaries of the division, as the judge selects, in facilities provided by this state. The chief justice of the supreme court may approve the location of a business court judge's chambers in a county other than a county described by this subsection that is within the geographic boundaries of the division. For purposes of this section, the Office of Court Administration of the Texas Judicial System may contract for the use of facilities with a public or private party. (d) Subject to Section 25A.015, a business court judge may hold court at any courtroom within the geographic boundaries of the division to which the judge is appointed as the court determines necessary or convenient for a particular civil action. A county shall accommodate the business court in the conduct of the court's hearings and other proceedings in courtrooms and facilities equivalent to those provided to district courts. A county is entitled to reimbursement from this state in an amount equal to the market rate for those facilities in the county as calculated by the Texas Facilities Commission for this purpose. A county shall consider the reasonably anticipated requirements of the business court in the planning for and implementation of additions and improvements to the county's courtrooms and facilities only if the business court is currently operational in that county. (e) The business court may conduct a proceeding other than a jury trial as a remote proceeding to facilitate the resolution of a matter before the court. The business court may not require a party or attorney to remotely attend a court proceeding in which oral testimony is heard, absent the agreement of the parties. (f) The business court shall conduct a remote proceeding from a courtroom or the facilities provided to a business court judge by this state. (g) The business court shall provide reasonable notice to the public that a proceeding will be conducted remotely and an opportunity for the public to observe the remote proceeding. (h) In a county in which a division of the business court sits or a judge of the business court maintains chambers, the business court or Office of Court Administration of the Texas Judicial System may require the sheriff, sheriff's deputy, or other licensed peace officer employed by the state or local governmental entity, including the Department of Public Safety, to attend the business court and provide security for the business court's judges. The officers providing such services are entitled to reimbursement from this state for the cost of attending the business court and providing security for the business court's judges. (i) The business court may appoint personnel necessary for the operation of the court, including: (1) personnel to assist the clerk of the court; (2) staff attorneys for the court; (3) staff attorneys for each judge of the business court; (4) court coordinators; and (5) administrative assistants. (j) Subject to Subsection (k), the court officials shall perform the duties and responsibilities of their offices and are entitled to the compensation, fees, and allowances prescribed by law for the offices. (k) All personnel, including the business court clerk, appointed under this section are employees of the Office of Court Administration of the Texas Judicial System and are state employees for all purposes, including accrual of leave time, insurance benefits, retirement benefits, and travel regulations. Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 54, eff. September 1, 2025.