Texas 2023 - 88th Regular

Texas House Bill HB446

Filed
11/14/22  
Out of House Committee
3/17/23  
Voted on by House
3/29/23  
Out of Senate Committee
4/27/23  
Voted on by Senate
5/3/23  
Governor Action
5/15/23  

Caption

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

Impact

The implementation of HB 446 is expected to have a significant impact on how statutes are interpreted and enforced, particularly concerning individuals with intellectual disabilities. By removing outdated terminology, the bill not only aims to reduce stigma associated with disabilities but also to ensure that state laws align with contemporary practices and perceptions. This change is likely to influence how state agencies interact with individuals with intellectual disabilities and could result in broader calls for inclusivity across various sectors of public policy and service delivery.

Summary

House Bill 446 aims to modernize and refine the terminology used within Texas statutes regarding individuals with intellectual disabilities. Specifically, the bill replaces the outdated and derogatory term 'mental retardation' with 'intellectual disability' throughout Texas legislation. The intent is to remove language that many consider offensive and to reflect current understanding and respect for individuals with intellectual disabilities. This change aligns with broader societal views advocating for the dignity and proper representation of all individuals, especially in legal contexts.

Sentiment

The sentiment surrounding HB 446 is largely positive, with support coming from various advocacy groups, individuals, and legislators who emphasize the importance of using respectful language. Testimonies presented during discussions highlight the belief that language carries power, and changing these terms is a crucial step towards acknowledging the dignity of individuals with intellectual disabilities. While there may be some individuals or entities resistant to changes in legal language, overall, the momentum appears to support the bill’s passage and its objectives.

Contention

Notable points of contention include discussions about the pace of change in language use within legal statutes and the necessity of such legislation. Some stakeholders argue that legislative measures may not be the most effective way to change societal views about disabilities, suggesting that education and community awareness may need to accompany legal reforms. However, the consensus among most proponents is that legislative action like HB 446 provides a foundational step in fostering respect and equality for individuals with intellectual disabilities.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 1. General Provisions
    • Section: New Section
  • Chapter 74. Medical Liability
    • Section: New Section
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 125. Mental Health Court Programs
    • Section: 002
  • Chapter 403. Comptroller Of Public Accounts
    • Section: 252
  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 052
  • Chapter 511. Commission On Jail Standards
    • Section: New Section
  • Chapter 501. Inmate Welfare
    • Section: New Section
  • Chapter 508. Parole And Mandatory Supervision
    • Section: 223
  • Chapter 659. Compensation
    • Section: 016
    • Section: 015
  • Chapter 1401. Bonds For Certain Criminal Justice, Mental Health, Or Intellectual Disability Facilities
    • Section: New Section

Health And Safety Code

  • Chapter 33. Phenylketonuria, Other Heritable Diseases, Hypothyroidism, And Certain Other Disorders
    • Section: New Section
  • Chapter 531. Provisions Generally Applicable To Mental Health And Intellectual Disability Services
    • Section: 0021
    • Section: 0021
    • Section: 0021
  • Chapter 613. Kidney Donation By Ward With Intellectual Disability
    • Section: 001
    • Section: 001
    • Section: New Section
  • Chapter 431. Texas Food, Drug, And Cosmetic Act
    • Section: 4031
    • Section: 4031

Human Resources Code

  • Chapter 244. Care And Treatment Of Children
    • Section: New Section

Insurance Code

  • Chapter 1359. Formulas For Individuals With Phenylketonuria Or Other Heritable Diseases
    • Section: 001
    • Section: 001
    • Section: 001
  • Chapter 1355. Benefits For Certain Mental Disorders
    • Section: 056
  • Chapter 1305. Workers' Compensation Health Care Networks
    • Section: New Section

Labor Code

  • Chapter 62. Minimum Wage
    • Section: 057
    • Section: 057
    • Section: 057
  • Chapter 406. Workers' Compensation Insurance Coverage
    • Section: 098
    • Section: 098
  • Chapter 504. Workers' Compensation Insurance Coverage For Employees Of Political Subdivisions
    • Section: New Section
    • Section: New Section

Local Government Code

  • Chapter 244. Location Of Certain Facilities And Shelters
    • Section: 006
    • Section: 006

Transportation Code

  • Chapter 201. General Provisions And Administration
    • Section: 603
    • Section: 603

Tax Code

  • Chapter 171. Franchise Tax
    • Section: 1011

Finance Code

  • Chapter 393. Credit Services Organizations
    • Section: 624
    • Section: 624

Family Code

  • Chapter 54. Judicial Proceedings
    • Section: 0408

Companion Bills

TX SB332

Identical Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

Similar Bills

TX SB332

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

IL SB1438

GROUP HOMES FOR DISABLED CHILD

IL HB1895

GROUP HOMES FOR DISABLED CHILD

OR SB810

Relating to developmental disabilities services; prescribing an effective date.

AZ HB2810

Developmental disabilities; Prader-Willi syndrome

SC S0002

Department of Behavioral Health and Developmental Disabilities

MN SF683

Intellectual and developmental disabilities legislative commission establishment and appropriation

MN HF2415

Legislative commission on intellectual and developmental disabilities created, adult foster care and community residential setting licensing moratorium exceptions created, authority to modify day treatment and habilitation and prevocational rehabilitation programs limited, appointments provided, and money appropriated.