Texas 2023 - 88th Regular

Texas Senate Bill SB1606

Filed
3/6/23  
Out of Senate Committee
4/19/23  
Voted on by Senate
4/25/23  
Out of House Committee
5/17/23  
Voted on by House
5/24/23  
Governor Action
6/18/23  

Caption

Relating to evidence and orders regarding intellectual disability or mental condition in certain guardianship proceedings.

Impact

The proposed changes in SB 1606 are expected to improve standards for evaluations related to guardianship. By ensuring that the medical professionals involved in these evaluations are appropriately qualified, the bill aims to uphold the rights and dignity of individuals with intellectual disabilities. It intends to protect vulnerable individuals from unnecessary or inappropriate guardianship, thereby promoting a more respectful approach towards personal autonomy and support.

Summary

Senate Bill 1606 aims to amend existing regulations around guardianship procedures, particularly concerning individuals with intellectual disabilities or mental conditions. The bill introduces requirements for physicians and psychologists who conduct evaluations, ensuring they have relevant expertise and experience with intellectual disabilities. It mandates comprehensive documentation that must be submitted to the court before a guardianship can be established or modified. This change is designed to create a more streamlined and informed process when it comes to determining the capacity of individuals needing guardianship.

Sentiment

General sentiment around the bill is positive, especially among advocacy groups for individuals with disabilities. Testimony from various organizations highlighted the bill's potential to enhance protective measures for those seeking a restoration of rights. However, there were minor expressed concerns, such as the need for specific language adjustments to fine-tune certain provisions, suggesting that while the bill is widely supported, stakeholders are keen on refining it further.

Contention

Despite the overall support, some contention arose regarding the wording and implementation of certain provisions within SB 1606. Advocates raised points about ensuring that the qualification definitions for evaluators are sufficiently broad to encompass various specializations within the mental health field. The need for clarity in the criteria and processes involved in restoring capacity was emphasized, ensuring that individuals are not subjected to overly stringent or ambiguous standards.

Texas Constitutional Statutes Affected

Estates Code

  • Part 1.general Provisions
    • Section: New Section
    • Section: New Section
  • Chapter 1101. General Procedure To Appoint Guardian
    • Section: New Section
  • Chapter 1202. Modification Or Termination Of Guardianship
    • Section: New Section
    • Section: 1521

Companion Bills

No companion bills found.

Previously Filed As

TX SB1780

Relating to online notarizations.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

Similar Bills

UT SB0199

Guardianship Amendments

TX SB1235

Relating to guardianships, including assessments for and provision of guardianship services by the Department of Aging and Disability Services.

TX HB3126

Relating to the health care providers authorized to examine a person to determine whether the person is incapacitated for purposes of certain guardianship proceedings.

TX SB26

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

TX HB1481

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