Texas 2015 - 84th Regular

Texas Senate Bill SB1881

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to authorizing supported decision-making agreements for certain adults with disabilities.

Impact

The enactment of SB1881 introduces significant changes to Texas law by establishing supported decision-making as a recognized alternative to traditional guardianship. It allows individuals with disabilities to obtain necessary assistance while maintaining autonomy over their life choices. This legislation aims to lower the risk of unnecessary or overly restrictive guardianship arrangements and facilitates a more supportive environment for individuals to lead independent lives. As a result, it is expected to enhance the quality of life for many adults with disabilities in Texas by providing them with tailored support relevant to their needs.

Summary

SB1881, known as the Supported Decision-Making Agreement Act, aims to provide a structured legal framework for adults with disabilities to enter into supported decision-making agreements. This legislation is designed to empower individuals who may need assistance making decisions about daily living but are not deemed incapacitated under the guardianship laws. The act recognizes the importance of self-determination by allowing such individuals to designate a supporter to help them navigate various aspects of life, including healthcare, financial management, and living arrangements, without relinquishing their decision-making rights.

Sentiment

The sentiment surrounding SB1881 has been largely positive among advocacy groups and constituents interested in disability rights. Supporters view the bill as a progressive step forward in recognizing and preserving the autonomy of individuals with disabilities. They appreciate how the act emphasizes self-determination and the ability to make personal choices, echoing broader societal values of independence and dignity. However, there are concerns among some stakeholders about the potential for misuse of the supported decision-making agreements. Critics underscore the importance of safeguards to ensure that these agreements are entered into voluntarily and with full understanding, to protect vulnerable individuals from potential exploitation.

Contention

Notable points of contention have included discussions about the adequacy of oversight and the processes for entering into supported decision-making agreements. While proponents argue that the legislation includes sufficient protections against abuse, critics urge for stricter compliance measures and monitoring to prevent any possible coercion or exploitation of adults with disabilities. The balance between support and autonomy remains a critical focus, as stakeholders continue to emphasize the need for clarity on responsibilities and the rights of both the individuals and their supporters involved in such agreements.

Companion Bills

TX HB3624

Identical Relating to authorizing supported decision-making agreements for certain adults with disabilities.

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