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§ 14.008.Hearing

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 14. Inmate Litigation · Last amended 1995 · Last verified August 29, 2026

In one sentenceSection 14.008 lets a court hold a hearing at the facility or by two-way video communications technology, recorded on videotape as the permanent record.

Full Text of § 14.008

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(a)The court may hold a hearing under this chapter at a jail or a facility operated by or under contract with the department or may conduct the hearing with video communications technology that permits the court to see and hear the inmate and that permits the inmate to see and hear the court and any other witness.
(b)A hearing conducted under this section by video communications technology shall be recorded on videotape. The recording is sufficient to serve as a permanent record of the hearing.
End

Plain-English Summary

A practical provision addressing the cost the previous section prices.

The court may hold a hearing at a jail or a facility operated by or under contract with the department, or conduct the hearing with video communications technology.

The two options avoid the same expense. Transporting an inmate to a courthouse is the costly step, and both alternatives remove it — one by moving the court, the other by moving neither.

The video requirement is two-way and specific: technology that permits the court to see and hear the inmate and permits the inmate to see and hear the court and any other witness.

Both directions are required, and the second is the protective half. A one-way arrangement in which the court can see the inmate but the inmate cannot see the proceeding would not satisfy it.

Including "any other witness" is the further protection. A participant who can see the judge but not the witness testifying against them is not meaningfully present.

A video hearing shall be recorded on videotape, and the recording is sufficient to serve as a permanent record.

That last clause solves a real problem. Appellate review needs a record, and a remote hearing has no court reporter in the room — so the recording is given the status a transcript would have.

The provision predates the general shift to remote proceedings by decades, and the civil commitment chapter’s counterpart has since been rewritten in more modern terms.

Note that the section is permissive throughout. A court may use these methods; nothing requires them, and an in-person hearing at the courthouse remains available.

Frequently Asked Questions

Can an inmate hearing be held remotely?

Yes, by video communications technology that lets the court and the inmate see and hear each other and any witness.

Can the court go to the facility instead?

Yes. The hearing may be held at a jail or a department facility.

Is there a record?

The video hearing is recorded on videotape, and the recording is sufficient as a permanent record.

Amendment History

  • Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source