Texas 2015 - 84th Regular

Texas House Bill HB3624 Compare Versions

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1	1	84R10998 KFF-F
2	2	By: Zedler, Naishtat H.B. No. 3624
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing supported decision-making agreements for
8	8	certain adults with disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 3, Estates Code, is amended by
11	11	adding Chapter 1357 to read as follows:
12	12	CHAPTER 1357. SUPPORTED DECISION-MAKING AGREEMENT ACT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 1357.001. SHORT TITLE. This chapter may be cited as
15	15	the Supported Decision-Making Agreement Act.
16	16	Sec. 1357.002. DEFINITIONS. In this chapter:
17	17	(1) "Adult" means an individual 18 years of age or
18	18	older or an individual under 18 years of age who has had the
19	19	disabilities of minority removed.
20	20	(2) "Disability" means, with respect to an individual,
21	21	a physical or mental impairment that substantially limits one or
22	22	more major life activities.
23	23	(3) "Supported decision-making" means a process of
24	24	supporting and accommodating an adult with a disability to enable
25	25	the adult to make life decisions, including decisions related to
26	26	where the adult wants to live, the services, supports, and medical
27	27	care the adult wants to receive, whom the adult wants to live with,
28	28	and where the adult wants to work, without impeding the
29	29	self-determination of the adult.
30	30	(4) "Supported decision-making agreement" is an
31	31	agreement between an adult with a disability and a supporter
32	32	entered into under this chapter.
33	33	(5) "Supporter" means an adult who has entered into a
34	34	supposed decision-making agreement with an adult with a disability.
35	35	Sec. 1357.003. PURPOSE. The purpose of this chapter is to
36	36	recognize a less restrictive alternative to guardianship for adults
37	37	with disabilities who need assistance with decisions regarding
38	38	daily living but who are not considered incapacitated persons for
39	39	purposes of establishing a guardianship under this title.
40	40	SUBCHAPTER B. SCOPE OF AGREEMENT AND AGREEMENT REQUIREMENTS
41	41	Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING
42	42	AGREEMENT. An adult with a disability may voluntarily, without
43	43	undue influence or coercion, enter into a supported decision-making
44	44	agreement with a supporter under which the adult with a disability
45	45	authorizes the supporter to do any or all of the following:
46	46	(1) provide supported decision-making, including
47	47	assistance in understanding the options, responsibilities, and
48	48	consequences of the adult's life decisions, without making those
49	49	decisions on behalf of the adult with a disability;
50	50	(2) subject to Section 1357.054, assist the adult in
51	51	accessing, collecting, and obtaining information that is relevant
52	52	to a given life decision, including medical, psychological,
53	53	financial, educational, or treatment records, from any person;
54	54	(3) assist the adult with a disability in
55	55	understanding the information described by Subdivision (2); and
56	56	(4) assist the adult in communicating the adult's
57	57	decisions to appropriate persons.
58	58	Sec. 1357.052. AUTHORITY OF SUPPORTER. A supporter may
59	59	exercise the authority granted to the supporter in the supported
60	60	decision-making agreement.
61	61	Sec. 1357.053. TERM OF AGREEMENT. (a) Except as provided
62	62	by Subsection (b), the supported decision-making agreement extends
63	63	until terminated by either party or by the terms of the agreement.
64	64	(b) If the Department of Family and Protective Services
65	65	finds after opportunity for appeal that the adult with a disability
66	66	has been abused, neglected, or exploited by the supporter or if the
67	67	supporter is found criminally liable for that conduct, the
68	68	supported decision-making agreement is terminated.
69	69	Sec. 1357.054. ACCESS TO PERSONAL INFORMATION. (a) A
70	70	supporter is only authorized to assist the adult with a disability
71	71	in accessing, collecting, or obtaining information that is relevant
72	72	to a decision authorized under the supported decision-making
73	73	agreement.
74	74	(b) If a supporter assists an adult with a disability in
75	75	accessing, collecting, or obtaining personal information,
76	76	including protected health information under the Health Insurance
77	77	Portability and Accountability Act (Pub. L. No. 104-191) or
78	78	educational records under the Family Educational Rights and Privacy
79	79	Act of 1974 (20 U.S.C. Section 1232g), the supporter shall ensure
80	80	the information is kept privileged and confidential, as applicable,
81	81	and is not subject to unauthorized access, use, or disclosure.
82	82	(c) The existence of a supported decision-making agreement
83	83	does not preclude an adult with a disability from seeking personal
84	84	information without the assistance of a supporter.
85	85	Sec. 1357.055. AUTHORIZING AND WITNESSING OF SUPPORTED
86	86	DECISION-MAKING AGREEMENT. (a) A supported decision-making
87	87	agreement must be signed voluntarily, without coercion or undue
88	88	influence, by the adult with a disability and the supporter in the
89	89	presence of two or more subscribing witnesses or a notary public.
90	90	(b) If signed before two witnesses, the attesting witnesses
91	91	must be at least 14 years of age.
92	92	Sec. 1357.056. FORM OF SUPPORTED DECISION-MAKING
93	93	AGREEMENT. (a) Subject to Subsection (b), a supported
94	94	decision-making agreement is only valid if it is in substantially
95	95	the following form:
96	96	SUPPORTED DECISION-MAKING AGREEMENT
97	97	Appointment of Supporter
98	98	I, (insert your name), make this agreement of my own free
99	99	will.
100	100	I agree and designate that:
101	101	Name:
102	102	Address:
103	103	Phone Number:
104	104	E-mail Address:
105	105	is my supporter. My supporter may help me with making everyday life
106	106	decisions relating to the following:
107	107	Y/N obtaining food, clothing, and shelter
108	108	Y/N taking care of my physical health
109	109	Y/N managing my financial affairs.
110	110	My supporter is not allowed to make decisions for me. To help
111	111	me with my decisions, my supporter may:
112	112	1. Help me access, collect, or obtain information that is
113	113	relevant to a decision, including medical, psychological,
114	114	financial, educational, or treatment records;
115	115	2. Help me understand my options so I can make an informed
116	116	decision; or
117	117	3. Help me communicate my decision to appropriate persons.
118	118	Y/N A release allowing my supporter to see protected
119	119	health information under the Health Insurance Portability and
120	120	Accountability Act (Pub. L. No. 104-191) is attached.
121	121	Y/N A release allowing my supporter to see educational
122	122	records under the Family Educational Rights and Privacy Act of 1974
123	123	(20 U.S.C. Section 1232g) is attached.
124	124	Effective Date of Supported Decision-Making Agreement
125	125	This supported decision-making agreement is effective
126	126	immediately and will continue until (insert date) or until the
127	127	agreement is terminated by my supporter or me.
128	128	Signed this ______ day of _________, 20___
129	129	Consent of Supporter
130	130	I, (name of supporter), consent to act as a supporter under
131	131	this agreement.
132	132	(signature of supporter)(printed name of supporter)
133	133	Signature
134	134	(my signature)(my printed name)
135	135	(witness 1 signature)(printed name of witness 1)
136	136	(witness 2 signature)(printed name of witness 2)
137	137	State of
138	138	County of
139	139	Thisdocumentwasacknowledgedbeforeme
140	140	on _______________________________ (date)
141	141	by _______________________________ and _______________________
142	142	(name of adult with a disability)(name of supporter)
143	143	(signature of notarial officer)
144	144	(Seal, if any, of notary)
145	145	(printed name)
146	146	My commission expires:
147	147	WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
148	148	IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
149	149	OF THE EXISTENCE OF THIS AGREEMENT HAS REASON TO BELIEVE THAT THE
150	150	ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY
151	151	THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT,
152	152	OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
153	153	BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT
154	154	WWW.TXABUSEHOTLINE.ORG.
155	155	(b) A supported decision-making agreement may be in any form
156	156	not inconsistent with Subsection (a) and the other requirements of
157	157	this chapter.
158	158	SUBCHAPTER C. DUTY OF CERTAIN PERSONS WITH RESPECT TO AGREEMENT
159	159	Sec. 1357.101. RELIANCE ON AGREEMENT; LIMITATION OF
160	160	LIABILITY. (a) A person who receives the original or a copy of a
161	161	supported decision-making agreement shall rely on the agreement.
162	162	(b) A person is not subject to criminal or civil liability
163	163	and has not engaged in professional misconduct for an act or
164	164	omission if the act or omission is done in good faith and in
165	165	reliance on a supported decision-making agreement.
166	166	Sec. 1357.102. REPORTING OF SUSPECTED ABUSE, NEGLECT, OR
167	167	EXPLOITATION. If a person who receives a copy of a supported
168	168	decision-making agreement or is aware of the existence of a
169	169	supported decision-making agreement has reason to believe that the
170	170	adult with a disability is being abused, neglected, or exploited by
171	171	the supporter, the person shall report the alleged abuse, neglect,
172	172	or exploitation to the Department of Family and Protective
173	173	Services.
174	174	SECTION 2. This Act takes effect immediately if it receives
175	175	a vote of two-thirds of all the members elected to each house, as
176	176	provided by Section 39, Article III, Texas Constitution. If this
177	177	Act does not receive the vote necessary for immediate effect, this
178	178	Act takes effect September 1, 2015.