Bill Text: TX SB1881 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to authorizing supported decision-making agreements for certain adults with disabilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-19 - Effective immediately [SB1881 Detail]
Download: Texas-2015-SB1881-Introduced.html
Bill Title: Relating to authorizing supported decision-making agreements for certain adults with disabilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-19 - Effective immediately [SB1881 Detail]
Download: Texas-2015-SB1881-Introduced.html
84R10998 KFF-F | ||
By: Zaffirini | S.B. No. 1881 |
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relating to authorizing supported decision-making agreements for | ||
certain adults with disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle I, Title 3, Estates Code, is amended by | ||
adding Chapter 1357 to read as follows: | ||
CHAPTER 1357. SUPPORTED DECISION-MAKING AGREEMENT ACT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1357.001. SHORT TITLE. This chapter may be cited as | ||
the Supported Decision-Making Agreement Act. | ||
Sec. 1357.002. DEFINITIONS. In this chapter: | ||
(1) "Adult" means an individual 18 years of age or | ||
older or an individual under 18 years of age who has had the | ||
disabilities of minority removed. | ||
(2) "Disability" means, with respect to an individual, | ||
a physical or mental impairment that substantially limits one or | ||
more major life activities. | ||
(3) "Supported decision-making" means a process of | ||
supporting and accommodating an adult with a disability to enable | ||
the adult to make life decisions, including decisions related to | ||
where the adult wants to live, the services, supports, and medical | ||
care the adult wants to receive, whom the adult wants to live with, | ||
and where the adult wants to work, without impeding the | ||
self-determination of the adult. | ||
(4) "Supported decision-making agreement" is an | ||
agreement between an adult with a disability and a supporter | ||
entered into under this chapter. | ||
(5) "Supporter" means an adult who has entered into a | ||
supposed decision-making agreement with an adult with a disability. | ||
Sec. 1357.003. PURPOSE. The purpose of this chapter is to | ||
recognize a less restrictive alternative to guardianship for adults | ||
with disabilities who need assistance with decisions regarding | ||
daily living but who are not considered incapacitated persons for | ||
purposes of establishing a guardianship under this title. | ||
SUBCHAPTER B. SCOPE OF AGREEMENT AND AGREEMENT REQUIREMENTS | ||
Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING | ||
AGREEMENT. An adult with a disability may voluntarily, without | ||
undue influence or coercion, enter into a supported decision-making | ||
agreement with a supporter under which the adult with a disability | ||
authorizes the supporter to do any or all of the following: | ||
(1) provide supported decision-making, including | ||
assistance in understanding the options, responsibilities, and | ||
consequences of the adult's life decisions, without making those | ||
decisions on behalf of the adult with a disability; | ||
(2) subject to Section 1357.054, assist the adult in | ||
accessing, collecting, and obtaining information that is relevant | ||
to a given life decision, including medical, psychological, | ||
financial, educational, or treatment records, from any person; | ||
(3) assist the adult with a disability in | ||
understanding the information described by Subdivision (2); and | ||
(4) assist the adult in communicating the adult's | ||
decisions to appropriate persons. | ||
Sec. 1357.052. AUTHORITY OF SUPPORTER. A supporter may | ||
exercise the authority granted to the supporter in the supported | ||
decision-making agreement. | ||
Sec. 1357.053. TERM OF AGREEMENT. (a) Except as provided | ||
by Subsection (b), the supported decision-making agreement extends | ||
until terminated by either party or by the terms of the agreement. | ||
(b) If the Department of Family and Protective Services | ||
finds after opportunity for appeal that the adult with a disability | ||
has been abused, neglected, or exploited by the supporter or if the | ||
supporter is found criminally liable for that conduct, the | ||
supported decision-making agreement is terminated. | ||
Sec. 1357.054. ACCESS TO PERSONAL INFORMATION. (a) A | ||
supporter is only authorized to assist the adult with a disability | ||
in accessing, collecting, or obtaining information that is relevant | ||
to a decision authorized under the supported decision-making | ||
agreement. | ||
(b) If a supporter assists an adult with a disability in | ||
accessing, collecting, or obtaining personal information, | ||
including protected health information under the Health Insurance | ||
Portability and Accountability Act (Pub. L. No. 104-191) or | ||
educational records under the Family Educational Rights and Privacy | ||
Act of 1974 (20 U.S.C. Section 1232g), the supporter shall ensure | ||
the information is kept privileged and confidential, as applicable, | ||
and is not subject to unauthorized access, use, or disclosure. | ||
(c) The existence of a supported decision-making agreement | ||
does not preclude an adult with a disability from seeking personal | ||
information without the assistance of a supporter. | ||
Sec. 1357.055. AUTHORIZING AND WITNESSING OF SUPPORTED | ||
DECISION-MAKING AGREEMENT. (a) A supported decision-making | ||
agreement must be signed voluntarily, without coercion or undue | ||
influence, by the adult with a disability and the supporter in the | ||
presence of two or more subscribing witnesses or a notary public. | ||
(b) If signed before two witnesses, the attesting witnesses | ||
must be at least 14 years of age. | ||
Sec. 1357.056. FORM OF SUPPORTED DECISION-MAKING | ||
AGREEMENT. (a) Subject to Subsection (b), a supported | ||
decision-making agreement is only valid if it is in substantially | ||
the following form: | ||
SUPPORTED DECISION-MAKING AGREEMENT | ||
Appointment of Supporter | ||
I, (insert your name), make this agreement of my own free | ||
will. | ||
I agree and designate that: | ||
Name: | ||
Address: | ||
Phone Number: | ||
E-mail Address: | ||
is my supporter. My supporter may help me with making everyday life | ||
decisions relating to the following: | ||
Y/N obtaining food, clothing, and shelter | ||
Y/N taking care of my physical health | ||
Y/N managing my financial affairs. | ||
My supporter is not allowed to make decisions for me. To help | ||
me with my decisions, my supporter may: | ||
1. Help me access, collect, or obtain information that is | ||
relevant to a decision, including medical, psychological, | ||
financial, educational, or treatment records; | ||
2. Help me understand my options so I can make an informed | ||
decision; or | ||
3. Help me communicate my decision to appropriate persons. | ||
Y/N A release allowing my supporter to see protected | ||
health information under the Health Insurance Portability and | ||
Accountability Act (Pub. L. No. 104-191) is attached. | ||
Y/N A release allowing my supporter to see educational | ||
records under the Family Educational Rights and Privacy Act of 1974 | ||
(20 U.S.C. Section 1232g) is attached. | ||
Effective Date of Supported Decision-Making Agreement | ||
This supported decision-making agreement is effective | ||
immediately and will continue until (insert date) or until the | ||
agreement is terminated by my supporter or me. | ||
Signed this ______ day of _________, 20___ | ||
Consent of Supporter | ||
I, (name of supporter), consent to act as a supporter under | ||
this agreement. | ||
(signature of supporter)(printed name of supporter) | ||
Signature | ||
(my signature)(my printed name) | ||
(witness 1 signature)(printed name of witness 1) | ||
(witness 2 signature)(printed name of witness 2) | ||
State of | ||
County of | ||
Thisdocumentwasacknowledgedbeforeme | ||
on _______________________________ (date) | ||
by _______________________________ and _______________________ | ||
(name of adult with a disability)(name of supporter) | ||
(signature of notarial officer) | ||
(Seal, if any, of notary) | ||
(printed name) | ||
My commission expires: | ||
WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY | ||
IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE | ||
OF THE EXISTENCE OF THIS AGREEMENT HAS REASON TO BELIEVE THAT THE | ||
ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY | ||
THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT, | ||
OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES | ||
BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT | ||
WWW.TXABUSEHOTLINE.ORG. | ||
(b) A supported decision-making agreement may be in any form | ||
not inconsistent with Subsection (a) and the other requirements of | ||
this chapter. | ||
SUBCHAPTER C. DUTY OF CERTAIN PERSONS WITH RESPECT TO AGREEMENT | ||
Sec. 1357.101. RELIANCE ON AGREEMENT; LIMITATION OF | ||
LIABILITY. (a) A person who receives the original or a copy of a | ||
supported decision-making agreement shall rely on the agreement. | ||
(b) A person is not subject to criminal or civil liability | ||
and has not engaged in professional misconduct for an act or | ||
omission if the act or omission is done in good faith and in | ||
reliance on a supported decision-making agreement. | ||
Sec. 1357.102. REPORTING OF SUSPECTED ABUSE, NEGLECT, OR | ||
EXPLOITATION. If a person who receives a copy of a supported | ||
decision-making agreement or is aware of the existence of a | ||
supported decision-making agreement has reason to believe that the | ||
adult with a disability is being abused, neglected, or exploited by | ||
the supporter, the person shall report the alleged abuse, neglect, | ||
or exploitation to the Department of Family and Protective | ||
Services. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |