Texas 2015 - 84th Regular

Texas Senate Bill SB1912

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The introduction of SB1912 could significantly impact state laws regarding the rights of individuals with disabilities, particularly in how their decision-making is facilitated and recognized legally. By codifying supported decision-making agreements, the bill reinforces the principle of self-determination for individuals with disabilities, allowing them to choose their paths while receiving necessary assistance. This change not only empowers individuals with disabilities but also encourages a shift away from guardianship models that may strip individuals of their rights and autonomy.

Summary

SB1912, known as the Supported Decision-Making Agreement Act, aims to establish a legal framework that allows adults with disabilities to enter into supported decision-making agreements. These agreements provide a way for individuals who need assistance with daily decisions to choose a trusted supporter who can help them understand their options and make informed choices without replacing their authority. The bill is structured to serve as a less restrictive alternative to traditional guardianship, acknowledging the rights and autonomy of adults who do not meet the legal criteria for incapacity but still require support in decision-making processes.

Contention

Notably, the bill has sparked discussions among lawmakers and advocacy groups regarding the adequacy of safeguards to protect individuals from potential abuse or exploitation by supporters. Although the bill includes provisions for reporting suspected abuse and requires agreements to be signed voluntarily, some stakeholders are concerned about the risks involved. The balance between providing support and ensuring the safety of individuals with disabilities remains a point of contention, prompting discussions about the implementation details required to effectively protect vulnerable populations.

General_provisions

SB1912 introduces various provisions including the terms under which these supported decision-making agreements can be established, the responsibilities of supporters, and the processes for terminating such agreements. With its enactment, it will be essential for stakeholders, including advocacy organizations and service providers, to understand the practical implications of the bill and how to navigate the new framework for supporting individuals with disabilities in their decision-making.

Companion Bills

TX HB3624

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

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