| 1 | 1 | | By: Zaffirini S.B. No. 824 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the use of supported decision-making agreements by |
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| 7 | 7 | | persons during court proceedings. |
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| 8 | 8 | | SECTION 1. Subtitle D, Title 2, Government Code, is amended |
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| 9 | 9 | | by adding Chapter 57A to read as follows: |
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| 10 | 10 | | CHAPTER 57A. SUPPORTED DECISION-MAKING AGREEMENTS |
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| 11 | 11 | | Sec. 57A.001. DEFINITIONS. In this chapter: |
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| 12 | 12 | | (1) "Supported decision-making agreement" is an |
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| 13 | 13 | | agreement between an adult with a disability and a supporter |
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| 14 | 14 | | entered into under Chapter 1357, Estates Code. |
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| 15 | 15 | | (2) "Supporter" means an adult who has entered into a |
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| 16 | 16 | | supported decision-making agreement with an adult with a |
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| 17 | 17 | | disability. |
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| 18 | 18 | | Sec. 57A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT. |
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| 19 | 19 | | (a) If the court is notified by a party that the defendant is |
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| 20 | 20 | | qualified to utilize a supported decision-making agreement under |
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| 21 | 21 | | Chapter 1357, Estates Code, and will be present at an arraignment, |
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| 22 | 22 | | hearing, examining trial, or other proceeding, the court shall |
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| 23 | 23 | | allow the defendant to use a supporter pursuant to a supported |
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| 24 | 24 | | decision-making agreement. |
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| 25 | 25 | | (b) Following the filing of an indictment, information, or |
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| 26 | 26 | | complaint against a defendant who is qualified to utilize a |
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| 27 | 27 | | supported decision-making agreement under Chapter 1357, Estates |
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| 28 | 28 | | Code, the court on the motion of the defendant shall allow the |
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| 29 | 29 | | defendant to use a supporter to support the defendant pursuant to |
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| 30 | 30 | | the defendant's supported decision-making agreement. The supporter |
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| 31 | 31 | | may not disclose a communication between the defendant and defense |
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| 32 | 32 | | counsel or a fact that came to the attention of the supporter while |
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| 33 | 33 | | supporting the defendant if defense counsel may not disclose that |
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| 34 | 34 | | communication or fact. |
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| 35 | 35 | | (c) The supporter allowed under the terms of this Article |
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| 36 | 36 | | shall be required to take an oath that the supporter will provide |
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| 37 | 37 | | support to the individual under the terms of the supported |
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| 38 | 38 | | decision-making agreement in effect and that the supporter will not |
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| 39 | 39 | | undermine the decision-making authority of the defendant. |
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| 40 | 40 | | (d) Supplying a supporter utilized under this chapter is the |
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| 41 | 41 | | responsibility of the defendant and a supporter is not entitled to a |
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| 42 | 42 | | fee from the court for supporting the defendant. |
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| 43 | 43 | | SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies |
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| 44 | 44 | | Code is amended by adding Chapter 21A to read as follows: |
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| 45 | 45 | | CHAPTER 21A. SSUPPORTED DECISION-MAKING AGREEMENTS |
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| 46 | 46 | | Sec. 21A.002. DEFINITIONS. In this chapter: |
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| 47 | 47 | | (1) "Supported decision-making agreement" is an |
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| 48 | 48 | | agreement between an adult with a disability and a supporter |
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| 49 | 49 | | entered into under Chapter 1357, Estates Code. |
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| 50 | 50 | | (2) "Supporter" means an adult who has entered into a |
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| 51 | 51 | | supported decision-making agreement with an adult with a |
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| 52 | 52 | | disability. |
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| 53 | 53 | | Sec. 21A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT. |
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| 54 | 54 | | (a) In a civil case or in a deposition, a person who is a party or |
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| 55 | 55 | | witness is qualified to utilize a supported decision-making |
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| 56 | 56 | | agreement under Chapter 1357, Estates Code, the party or witness is |
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| 57 | 57 | | entitled to use the services of a supporter under the terms of a |
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| 58 | 58 | | supported decision-making agreement. |
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| 59 | 59 | | (b) The supporter shall take an oath that the supporter will |
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| 60 | 60 | | provide support to the individual under the terms of the supported |
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| 61 | 61 | | decision-making agreement in effect and that the supporter will not |
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| 62 | 62 | | undermine the decision-making authority of the party or witness. |
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| 63 | 63 | | (c) Supplying a supporter utilized under this chapter is the |
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| 64 | 64 | | responsibility of the party requesting to use the supporter and a |
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| 65 | 65 | | supporter is not entitled to a fee from the court for supporting the |
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| 66 | 66 | | party or witness. |
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| 67 | 67 | | (d) If an individual utilizes a supporter pursuant to a |
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| 68 | 68 | | supported decision-making agreement and the supporter communicates |
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| 69 | 69 | | to the individual under circumstances in which the communication |
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| 70 | 70 | | would be privileged and the party could not be required to testify |
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| 71 | 71 | | about the communication, the privilege applies to the supporter as |
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| 72 | 72 | | well. |
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| 73 | 73 | | SECTION 3. This Act takes effect September 1, 2021. |
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