Bill Text: TX HB1481 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to the use of person first respectful language in reference to individuals with disabilities.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1481 Detail]

Download: Texas-2011-HB1481-Enrolled.html
 
 
  H.B. No. 1481
 
 
 
 
AN ACT
  relating to the use of person first respectful language in
  reference to individuals with disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle Z, Title 3, Government Code, is amended
  by adding Chapter 392 to read as follows:
  CHAPTER 392. PERSON FIRST RESPECTFUL LANGUAGE INITIATIVE
         Sec. 392.001.  FINDINGS AND INTENT. The legislature finds
  that language used in reference to persons with disabilities shapes
  and reflects society's attitudes toward persons with disabilities.
  Certain terms and phrases are demeaning and create an invisible
  barrier to inclusion as equal community members. It is the intent
  of the legislature to establish preferred terms and phrases for new
  and revised laws by requiring the use of language that places the
  person before the disability.
         Sec. 392.002.  USE OF PERSON FIRST RESPECTFUL LANGUAGE
  REQUIRED.  (a)  The legislature and the Texas Legislative Council
  are directed to avoid using the following terms and phrases in any
  new statute or resolution and to change those terms and phrases used
  in any existing statute or resolution as sections including those
  terms and phrases are otherwise amended by law:
               (1)  disabled;
               (2)  developmentally disabled;
               (3)  mentally disabled;
               (4)  mentally ill;
               (5)  mentally retarded;
               (6)  handicapped;
               (7)  cripple; and
               (8)  crippled.
         (b)  In enacting or revising statutes or resolutions, the
  legislature and the Texas Legislative Council are directed to
  replace, as appropriate, terms and phrases listed by Subsection (a)
  with the following preferred phrases or appropriate variations of
  those phrases:
               (1)  "persons with disabilities";
               (2)  "persons with developmental disabilities";
               (3)  "persons with mental illness"; and
               (4)  "persons with intellectual disabilities."
         (c)  A statute or resolution is not invalid solely because it
  does not employ this section's preferred phrases.
         SECTION 2.  Chapter 325, Government Code, is amended by
  adding Section 325.0123 to read as follows:
         Sec. 325.0123.  REVIEW OF CERTAIN AGENCIES FOR RESPECTFUL
  LANGUAGE.  (a)  As part of its review of a health and human services
  agency, the commission shall consider and make recommendations
  regarding the statutory revisions necessary to use the phrase
  "intellectual disability" instead of "mental retardation" and to
  use the phrase "person with intellectual disability" instead of
  "person with mental retardation."
         (b)  As part of its review of an agency, the commission shall
  consider and recommend, as appropriate, statutory revisions in
  accordance with the person first respectful language initiative
  under Chapter 392.
         SECTION 3.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.0227 to read as follows:
         Sec. 531.0227.  PERSON FIRST RESPECTFUL LANGUAGE PROMOTION.  
  The executive commissioner shall ensure that the commission and
  each health and human services agency use the terms and phrases
  listed as preferred under the person first respectful language
  initiative in Chapter 392 when proposing, adopting, or amending the
  commission's or agency's rules, reference materials, publications,
  and electronic media.
         SECTION 4.  Subchapter C, Chapter 7, Education Code, is
  amended by adding Section 7.063 to read as follows:
         Sec. 7.063.  PERSON FIRST RESPECTFUL LANGUAGE PROMOTION.
  The commissioner shall ensure that the agency uses the terms and
  phrases listed as preferred under the person first respectful
  language initiative in Chapter 392, Government Code, when
  proposing, adopting, or amending the agency's rules, reference
  materials, publications, and electronic media.
         SECTION 5.  Section 591.003, Health and Safety Code, is
  amended by adding Subdivisions (7-a) and (15-a) and amending
  Subdivisions (13) and (16) to read as follows:
               (7-a)  "Intellectual disability" means significantly
  subaverage general intellectual functioning that is concurrent
  with deficits in adaptive behavior and originates during the
  developmental period.
               (13)  "Mental retardation" means intellectual
  disability [means significantly subaverage general intellectual
  functioning that is concurrent with deficits in adaptive behavior
  and originates during the developmental period].
               (15-a)  "Person with intellectual disability" means a
  person determined by a physician or psychologist licensed in this
  state or certified by the department to have subaverage general
  intellectual functioning with deficits in adaptive behavior.
               (16)  "Person with mental retardation" means a person
  with intellectual disability [a person determined by a physician or
  psychologist licensed in this state or certified by the department
  to have subaverage general intellectual functioning with deficits
  in adaptive behavior].
         SECTION 6.  It is not the intent of the legislature that the
  changes in law made by this Act affect the application or
  interpretation of the Penal Code or eligibility for any program.
         SECTION 7.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1481 was passed by the House on March
  30, 2011, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1481 was passed by the Senate on May
  19, 2011, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
feedback