BILL ANALYSIS Senate Research Center S.B. 66 89R2843 EAS-D By: Zaffirini Jurisprudence 4/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Supportive decision-making agreements (SDMA) allow persons with the mental faculties to make choices who need some assistance understanding their consequences to maintain independence. When persons, however, with SDMAs are involved in criminal or civil court proceedings they are not allowed to have their supporters' assistance. This is highly problematic, particularly for persons with intellectual or developmental disabilities, because the consequences of decisions during court proceedings often are substantial. S.B. 66 would allow persons with supportive decision-making agreements to use a supporter, at their own expense, in criminal and civil legal proceedings, including at trials, arraignments, hearings, and depositions. Establishing the right of persons with SDMAs to rely on their supporters in situations where their choices have the most substantial consequences would enhance these agreements' benefits. As proposed, S.B. 66 amends current law relating to the authority of a supporter regarding legal proceedings granted under a supported decision-making agreement. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1357.051, Estates Code, as follows: Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING AGREEMENT. Authorizes an adult with a disability to 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 certain actions, including, subject to Section 1357.054 (Access to Personal Information), to assist the adult in accessing, collecting, and obtaining certain information that is relevant to a given life decision, including legal records, from any person. SECTION 2. Amends Section 1357.056(a), Estates Code, as follows: (a) Provides that, subject to Subsection (b) (relating to authorizing a supported decision-making agreement to be in any form not inconsistent with certain requirements), a supported decision-making agreement is valid only if it is in substantially a certain form which includes a yes or no statement to authorize a signee's supporter to help the signee with making everyday life decisions relating to legal proceedings the signee is involved in, including civil and criminal procedures. Makes a conforming change. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 66
89R2843 EAS-D By: Zaffirini
Jurisprudence
4/14/2025
As Filed
Senate Research Center
S.B. 66
89R2843 EAS-D
By: Zaffirini
Jurisprudence
4/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Supportive decision-making agreements (SDMA) allow persons with the mental faculties to make choices who need some assistance understanding their consequences to maintain independence. When persons, however, with SDMAs are involved in criminal or civil court proceedings they are not allowed to have their supporters' assistance. This is highly problematic, particularly for persons with intellectual or developmental disabilities, because the consequences of decisions during court proceedings often are substantial.
S.B. 66 would allow persons with supportive decision-making agreements to use a supporter, at their own expense, in criminal and civil legal proceedings, including at trials, arraignments, hearings, and depositions. Establishing the right of persons with SDMAs to rely on their supporters in situations where their choices have the most substantial consequences would enhance these agreements' benefits.
As proposed, S.B. 66 amends current law relating to the authority of a supporter regarding legal proceedings granted under a supported decision-making agreement.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1357.051, Estates Code, as follows:
Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING AGREEMENT. Authorizes an adult with a disability to 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 certain actions, including, subject to Section 1357.054 (Access to Personal Information), to assist the adult in accessing, collecting, and obtaining certain information that is relevant to a given life decision, including legal records, from any person.
SECTION 2. Amends Section 1357.056(a), Estates Code, as follows:
(a) Provides that, subject to Subsection (b) (relating to authorizing a supported decision-making agreement to be in any form not inconsistent with certain requirements), a supported decision-making agreement is valid only if it is in substantially a certain form which includes a yes or no statement to authorize a signee's supporter to help the signee with making everyday life decisions relating to legal proceedings the signee is involved in, including civil and criminal procedures. Makes a conforming change.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2025.