By: Zaffirini S.B. No. 824
A BILL TO BE ENTITLED
AN ACT
relating to the use of supported decision-making agreements by
persons during court proceedings.
SECTION 1. Subtitle D, Title 2, Government Code, is amended
by adding Chapter 57A to read as follows:
CHAPTER 57A. SUPPORTED DECISION-MAKING AGREEMENTS
Sec. 57A.001. DEFINITIONS. In this chapter:
(1) "Supported decision-making agreement" is an
agreement between an adult with a disability and a supporter
entered into under Chapter 1357, Estates Code.
(2) "Supporter" means an adult who has entered into a
supported decision-making agreement with an adult with a
disability.
Sec. 57A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT.
(a) If the court is notified by a party that the defendant is
qualified to utilize a supported decision-making agreement under
Chapter 1357, Estates Code, and will be present at an arraignment,
hearing, examining trial, or other proceeding, the court shall
allow the defendant to use a supporter pursuant to a supported
decision-making agreement.
(b) Following the filing of an indictment, information, or
complaint against a defendant who is qualified to utilize a
supported decision-making agreement under Chapter 1357, Estates
Code, the court on the motion of the defendant shall allow the
defendant to use a supporter to support the defendant pursuant to
the defendant's supported decision-making agreement. The supporter
may not disclose a communication between the defendant and defense
counsel or a fact that came to the attention of the supporter while
supporting the defendant if defense counsel may not disclose that
communication or fact.
(c) The supporter allowed under the terms of this Article
shall be required to take an oath that the supporter will provide
support to the individual under the terms of the supported
decision-making agreement in effect and that the supporter will not
undermine the decision-making authority of the defendant.
(d) Supplying a supporter utilized under this chapter is the
responsibility of the defendant and a supporter is not entitled to a
fee from the court for supporting the defendant.
SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies
Code is amended by adding Chapter 21A to read as follows:
CHAPTER 21A. SSUPPORTED DECISION-MAKING AGREEMENTS
Sec. 21A.002. DEFINITIONS. In this chapter:
(1) "Supported decision-making agreement" is an
agreement between an adult with a disability and a supporter
entered into under Chapter 1357, Estates Code.
(2) "Supporter" means an adult who has entered into a
supported decision-making agreement with an adult with a
disability.
Sec. 21A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT.
(a) In a civil case or in a deposition, a person who is a party or
witness is qualified to utilize a supported decision-making
agreement under Chapter 1357, Estates Code, the party or witness is
entitled to use the services of a supporter under the terms of a
supported decision-making agreement.
(b) The supporter shall take an oath that the supporter will
provide support to the individual under the terms of the supported
decision-making agreement in effect and that the supporter will not
undermine the decision-making authority of the party or witness.
(c) Supplying a supporter utilized under this chapter is the
responsibility of the party requesting to use the supporter and a
supporter is not entitled to a fee from the court for supporting the
party or witness.
(d) If an individual utilizes a supporter pursuant to a
supported decision-making agreement and the supporter communicates
to the individual under circumstances in which the communication
would be privileged and the party could not be required to testify
about the communication, the privilege applies to the supporter as
well.
SECTION 3. This Act takes effect September 1, 2021.