Texas 2015 - 84th Regular

Texas Senate Bill SB1881 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini, et al. S.B. No. 1881
2		-	(Peña, Naishtat)
	1	+	S.B. No. 1881
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to authorizing supported decision-making agreements for
8	6		certain adults with disabilities.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subtitle I, Title 3, Estates Code, is amended by
11	9		adding Chapter 1357 to read as follows:
12	10		CHAPTER 1357. SUPPORTED DECISION-MAKING AGREEMENT ACT
13	11		SUBCHAPTER A. GENERAL PROVISIONS
14	12		Sec. 1357.001. SHORT TITLE. This chapter may be cited as
15	13		the Supported Decision-Making Agreement Act.
16	14		Sec. 1357.002. DEFINITIONS. In this chapter:
17	15		(1) "Adult" means an individual 18 years of age or
18	16		older or an individual under 18 years of age who has had the
19	17		disabilities of minority removed.
20	18		(2) "Disability" means, with respect to an individual,
21	19		a physical or mental impairment that substantially limits one or
22	20		more major life activities.
23	21		(3) "Supported decision-making" means a process of
24	22		supporting and accommodating an adult with a disability to enable
25	23		the adult to make life decisions, including decisions related to
26	24		where the adult wants to live, the services, supports, and medical
27	25		care the adult wants to receive, whom the adult wants to live with,
28	26		and where the adult wants to work, without impeding the
29	27		self-determination of the adult.
30	28		(4) "Supported decision-making agreement" is an
31	29		agreement between an adult with a disability and a supporter
32	30		entered into under this chapter.
33	31		(5) "Supporter" means an adult who has entered into a
34	32		supported decision-making agreement with an adult with a
35	33		disability.
36	34		Sec. 1357.003. PURPOSE. The purpose of this chapter is to
37	35		recognize a less restrictive alternative to guardianship for adults
38	36		with disabilities who need assistance with decisions regarding
39	37		daily living but who are not considered incapacitated persons for
40	38		purposes of establishing a guardianship under this title.
41	39		SUBCHAPTER B. SCOPE OF AGREEMENT AND AGREEMENT REQUIREMENTS
42	40		Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING
43	41		AGREEMENT. An adult with a disability may voluntarily, without
44	42		undue influence or coercion, enter into a supported decision-making
45	43		agreement with a supporter under which the adult with a disability
46	44		authorizes the supporter to do any or all of the following:
47	45		(1) provide supported decision-making, including
48	46		assistance in understanding the options, responsibilities, and
49	47		consequences of the adult's life decisions, without making those
50	48		decisions on behalf of the adult with a disability;
51	49		(2) subject to Section 1357.054, assist the adult in
52	50		accessing, collecting, and obtaining information that is relevant
53	51		to a given life decision, including medical, psychological,
54	52		financial, educational, or treatment records, from any person;
55	53		(3) assist the adult with a disability in
56	54		understanding the information described by Subdivision (2); and
57	55		(4) assist the adult in communicating the adult's
58	56		decisions to appropriate persons.
59	57		Sec. 1357.052. AUTHORITY OF SUPPORTER. A supporter may
60	58		exercise the authority granted to the supporter in the supported
61	59		decision-making agreement.
62	60		Sec. 1357.053. TERM OF AGREEMENT. (a) Except as provided
63	61		by Subsection (b), the supported decision-making agreement extends
64	62		until terminated by either party or by the terms of the agreement.
65	63		(b) The supported decision-making agreement is terminated
66	64		if:
67	65		(1) the Department of Family and Protective Services
68	66		finds that the adult with a disability has been abused, neglected,
69	67		or exploited by the supporter; or
70	68		(2) the supporter is found criminally liable for
71	69		conduct described by Subdivision (1).
72	70		Sec. 1357.054. ACCESS TO PERSONAL INFORMATION. (a) A
73	71		supporter is only authorized to assist the adult with a disability
74	72		in accessing, collecting, or obtaining information that is relevant
75	73		to a decision authorized under the supported decision-making
76	74		agreement.
77	75		(b) If a supporter assists an adult with a disability in
78	76		accessing, collecting, or obtaining personal information,
79	77		including protected health information under the Health Insurance
80	78		Portability and Accountability Act of 1996 (Pub. L. No. 104-191) or
81	79		educational records under the Family Educational Rights and Privacy
82	80		Act of 1974 (20 U.S.C. Section 1232g), the supporter shall ensure
83	81		the information is kept privileged and confidential, as applicable,
84	82		and is not subject to unauthorized access, use, or disclosure.
85	83		(c) The existence of a supported decision-making agreement
86	84		does not preclude an adult with a disability from seeking personal
87	85		information without the assistance of a supporter.
88	86		Sec. 1357.055. AUTHORIZING AND WITNESSING OF SUPPORTED
89	87		DECISION-MAKING AGREEMENT. (a) A supported decision-making
90	88		agreement must be signed voluntarily, without coercion or undue
91	89		influence, by the adult with a disability and the supporter in the
92	90		presence of two or more subscribing witnesses or a notary public.
93	91		(b) If signed before two witnesses, the attesting witnesses
94	92		must be at least 14 years of age.
95	93		Sec. 1357.056. FORM OF SUPPORTED DECISION-MAKING
96	94		AGREEMENT. (a) Subject to Subsection (b), a supported
97	95		decision-making agreement is valid only if it is in substantially
98	96		the following form:
99	97		SUPPORTED DECISION-MAKING AGREEMENT
100	98		Appointment of Supporter
101	99		I, (insert your name), make this agreement of my own free
102	100		will.
103	101		I agree and designate that:
104	102		Name:
105	103		Address:
106	104		Phone Number:
107	105		E-mail Address:
108	106		is my supporter. My supporter may help me with making everyday life
109	107		decisions relating to the following:
110	108		Y/N obtaining food, clothing, and shelter
111	109		Y/N taking care of my physical health
112	110		Y/N managing my financial affairs.
113	111		My supporter is not allowed to make decisions for me. To help
114	112		me with my decisions, my supporter may:
115	113		1. Help me access, collect, or obtain information that is
116	114		relevant to a decision, including medical, psychological,
117	115		financial, educational, or treatment records;
118	116		2. Help me understand my options so I can make an informed
119	117		decision; or
120	118		3. Help me communicate my decision to appropriate persons.
121	119		Y/N A release allowing my supporter to see protected
122	120		health information under the Health Insurance Portability and
123	121		Accountability Act of 1996 (Pub. L. No. 104-191) is attached.
124	122		Y/N A release allowing my supporter to see educational
125	123		records under the Family Educational Rights and Privacy Act of 1974
126	124		(20 U.S.C. Section 1232g) is attached.
127	125		Effective Date of Supported Decision-Making Agreement
128	126		This supported decision-making agreement is effective
129	127		immediately and will continue until (insert date) or until the
130	128		agreement is terminated by my supporter or me or by operation of
131	129		law.
132	130		Signed this ______ day of _________, 20___
133	131		Consent of Supporter
134	132		I, (name of supporter), consent to act as a supporter under
135	133		this agreement.
136	134		(signature of supporter)(printed name of supporter)
137	135		Signature
138	136		(my signature)(my printed name)
139	137		(witness 1 signature)(printed name of witness 1)
140	138		(witness 2 signature)(printed name of witness 2)
141	139		State of
142	140		County of
143	141		Thisdocumentwasacknowledgedbeforeme
144	142		on _______________________________ (date)
145	143		by _______________________________ and _______________________
146	144		(name of adult with a disability)(name of supporter)
147	145		(signature of notarial officer)
148	146		(Seal, if any, of notary)
149	147		(printed name)
150	148		My commission expires:
151	149		WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
152	150		IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
153	151		OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE
154	152		ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY
155	153		THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT,
156	154		OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
157	155		BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT
158	156		WWW.TXABUSEHOTLINE.ORG.
159	157		(b) A supported decision-making agreement may be in any form
160	158		not inconsistent with Subsection (a) and the other requirements of
161	159		this chapter.
162	160		SUBCHAPTER C. DUTY OF CERTAIN PERSONS WITH RESPECT TO AGREEMENT
163	161		Sec. 1357.101. RELIANCE ON AGREEMENT; LIMITATION OF
164	162		LIABILITY. (a) A person who receives the original or a copy of a
165	163		supported decision-making agreement shall rely on the agreement.
166	164		(b) A person is not subject to criminal or civil liability
167	165		and has not engaged in professional misconduct for an act or
168	166		omission if the act or omission is done in good faith and in
169	167		reliance on a supported decision-making agreement.
170	168		Sec. 1357.102. REPORTING OF SUSPECTED ABUSE, NEGLECT, OR
171	169		EXPLOITATION. If a person who receives a copy of a supported
172	170		decision-making agreement or is aware of the existence of a
173	171		supported decision-making agreement has cause to believe that the
174	172		adult with a disability is being abused, neglected, or exploited by
175	173		the supporter, the person shall report the alleged abuse, neglect,
176	174		or exploitation to the Department of Family and Protective Services
177	175		in accordance with Section 48.051, Human Resources Code.
178	176		SECTION 2. This Act takes effect immediately if it receives
179	177		a vote of two-thirds of all the members elected to each house, as
180	178		provided by Section 39, Article III, Texas Constitution. If this
181	179		Act does not receive the vote necessary for immediate effect, this
182	180		Act takes effect September 1, 2015.
	181	+	______________________________ ______________________________
	182	+	President of the Senate Speaker of the House
	183	+	I hereby certify that S.B. No. 1881 passed the Senate on
	184	+	April 27, 2015, by the following vote: Yeas 29, Nays 1.
	185	+	______________________________
	186	+	Secretary of the Senate
	187	+	I hereby certify that S.B. No. 1881 passed the House on
	188	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	189	+	present not voting.
	190	+	______________________________
	191	+	Chief Clerk of the House
	192	+	Approved:
	193	+	______________________________
	194	+	Date
	195	+	______________________________
	196	+	Governor