By: Zaffirini, et al. S.B. No. 1881
(Peña, Naishtat)
A BILL TO BE ENTITLED
AN ACT
relating to authorizing supported decision-making agreements for
certain adults with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 3, Estates Code, is amended by
adding Chapter 1357 to read as follows:
CHAPTER 1357. SUPPORTED DECISION-MAKING AGREEMENT ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1357.001. SHORT TITLE. This chapter may be cited as
the Supported Decision-Making Agreement Act.
Sec. 1357.002. DEFINITIONS. In this chapter:
(1) "Adult" means an individual 18 years of age or
older or an individual under 18 years of age who has had the
disabilities of minority removed.
(2) "Disability" means, with respect to an individual,
a physical or mental impairment that substantially limits one or
more major life activities.
(3) "Supported decision-making" means a process of
supporting and accommodating an adult with a disability to enable
the adult to make life decisions, including decisions related to
where the adult wants to live, the services, supports, and medical
care the adult wants to receive, whom the adult wants to live with,
and where the adult wants to work, without impeding the
self-determination of the adult.
(4) "Supported decision-making agreement" is an
agreement between an adult with a disability and a supporter
entered into under this chapter.
(5) "Supporter" means an adult who has entered into a
supported decision-making agreement with an adult with a
disability.
Sec. 1357.003. PURPOSE. The purpose of this chapter is to
recognize a less restrictive alternative to guardianship for adults
with disabilities who need assistance with decisions regarding
daily living but who are not considered incapacitated persons for
purposes of establishing a guardianship under this title.
SUBCHAPTER B. SCOPE OF AGREEMENT AND AGREEMENT REQUIREMENTS
Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING
AGREEMENT. An adult with a disability may voluntarily, without
undue influence or coercion, enter into a supported decision-making
agreement with a supporter under which the adult with a disability
authorizes the supporter to do any or all of the following:
(1) provide supported decision-making, including
assistance in understanding the options, responsibilities, and
consequences of the adult's life decisions, without making those
decisions on behalf of the adult with a disability;
(2) subject to Section 1357.054, assist the adult in
accessing, collecting, and obtaining information that is relevant
to a given life decision, including medical, psychological,
financial, educational, or treatment records, from any person;
(3) assist the adult with a disability in
understanding the information described by Subdivision (2); and
(4) assist the adult in communicating the adult's
decisions to appropriate persons.
Sec. 1357.052. AUTHORITY OF SUPPORTER. A supporter may
exercise the authority granted to the supporter in the supported
decision-making agreement.
Sec. 1357.053. TERM OF AGREEMENT. (a) Except as provided
by Subsection (b), the supported decision-making agreement extends
until terminated by either party or by the terms of the agreement.
(b) The supported decision-making agreement is terminated
if:
(1) the Department of Family and Protective Services
finds that the adult with a disability has been abused, neglected,
or exploited by the supporter; or
(2) the supporter is found criminally liable for
conduct described by Subdivision (1).
Sec. 1357.054. ACCESS TO PERSONAL INFORMATION. (a) A
supporter is only authorized to assist the adult with a disability
in accessing, collecting, or obtaining information that is relevant
to a decision authorized under the supported decision-making
agreement.
(b) If a supporter assists an adult with a disability in
accessing, collecting, or obtaining personal information,
including protected health information under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191) or
educational records under the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Section 1232g), the supporter shall ensure
the information is kept privileged and confidential, as applicable,
and is not subject to unauthorized access, use, or disclosure.
(c) The existence of a supported decision-making agreement
does not preclude an adult with a disability from seeking personal
information without the assistance of a supporter.
Sec. 1357.055. AUTHORIZING AND WITNESSING OF SUPPORTED
DECISION-MAKING AGREEMENT. (a) A supported decision-making
agreement must be signed voluntarily, without coercion or undue
influence, by the adult with a disability and the supporter in the
presence of two or more subscribing witnesses or a notary public.
(b) If signed before two witnesses, the attesting witnesses
must be at least 14 years of age.
Sec. 1357.056. FORM OF SUPPORTED DECISION-MAKING
AGREEMENT. (a) Subject to Subsection (b), a supported
decision-making agreement is valid only if it is in substantially
the following form:
SUPPORTED DECISION-MAKING AGREEMENT
Appointment of Supporter
I, (insert your name), make this agreement of my own free
will.
I agree and designate that:
Name:
Address:
Phone Number:
E-mail Address:
is my supporter. My supporter may help me with making everyday life
decisions relating to the following:
Y/N obtaining food, clothing, and shelter
Y/N taking care of my physical health
Y/N managing my financial affairs.
My supporter is not allowed to make decisions for me. To help
me with my decisions, my supporter may:
1. Help me access, collect, or obtain information that is
relevant to a decision, including medical, psychological,
financial, educational, or treatment records;
2. Help me understand my options so I can make an informed
decision; or
3. Help me communicate my decision to appropriate persons.
Y/N A release allowing my supporter to see protected
health information under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) is attached.
Y/N A release allowing my supporter to see educational
records under the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g) is attached.
Effective Date of Supported Decision-Making Agreement
This supported decision-making agreement is effective
immediately and will continue until (insert date) or until the
agreement is terminated by my supporter or me or by operation of
law.
Signed this ______ day of _________, 20___
Consent of Supporter
I, (name of supporter), consent to act as a supporter under
this agreement.
(signature of supporter)(printed name of supporter)
Signature
(my signature)(my printed name)
(witness 1 signature)(printed name of witness 1)
(witness 2 signature)(printed name of witness 2)
State of
County of
Thisdocumentwasacknowledgedbeforeme
on _______________________________ (date)
by _______________________________ and _______________________
(name of adult with a disability)(name of supporter)
(signature of notarial officer)
(Seal, if any, of notary)
(printed name)
My commission expires:
WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE
ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY
THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT,
OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT
WWW.TXABUSEHOTLINE.ORG.
(b) A supported decision-making agreement may be in any form
not inconsistent with Subsection (a) and the other requirements of
this chapter.
SUBCHAPTER C. DUTY OF CERTAIN PERSONS WITH RESPECT TO AGREEMENT
Sec. 1357.101. RELIANCE ON AGREEMENT; LIMITATION OF
LIABILITY. (a) A person who receives the original or a copy of a
supported decision-making agreement shall rely on the agreement.
(b) A person is not subject to criminal or civil liability
and has not engaged in professional misconduct for an act or
omission if the act or omission is done in good faith and in
reliance on a supported decision-making agreement.
Sec. 1357.102. REPORTING OF SUSPECTED ABUSE, NEGLECT, OR
EXPLOITATION. If a person who receives a copy of a supported
decision-making agreement or is aware of the existence of a
supported decision-making agreement has cause to believe that the
adult with a disability is being abused, neglected, or exploited by
the supporter, the person shall report the alleged abuse, neglect,
or exploitation to the Department of Family and Protective Services
in accordance with Section 48.051, Human Resources Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.