Texas 2025 - 89th Regular

Texas Senate Bill SB66 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2843 EAS-D
2	2	By: Zaffirini S.B. No. 66
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a supporter regarding legal
10	10	proceedings granted under a supported decision-making agreement.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1357.051, Estates Code, is amended to
13	13	read as follows:
14	14	Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING
15	15	AGREEMENT. An adult with a disability may voluntarily, without
16	16	undue influence or coercion, enter into a supported decision-making
17	17	agreement with a supporter under which the adult with a disability
18	18	authorizes the supporter to do any or all of the following:
19	19	(1) provide supported decision-making, including
20	20	assistance in understanding the options, responsibilities, and
21	21	consequences of the adult's life decisions, without making those
22	22	decisions on behalf of the adult with a disability;
23	23	(2) subject to Section 1357.054, assist the adult in
24	24	accessing, collecting, and obtaining information that is relevant
25	25	to a given life decision, including medical, psychological,
26	26	financial, educational, legal, or treatment records, from any
27	27	person;
28	28	(3) assist the adult with a disability in
29	29	understanding the information described by Subdivision (2); and
30	30	(4) assist the adult in communicating the adult's
31	31	decisions to appropriate persons.
32	32	SECTION 2. Section 1357.056(a), Estates Code, is amended to
33	33	read as follows:
34	34	(a) Subject to Subsection (b), a supported decision-making
35	35	agreement is valid only if it is in substantially the following
36	36	form:
37	37	SUPPORTED DECISION-MAKING AGREEMENT
38	38	Important Information For Supporter: Duties
39	39	When you agree to provide support to an adult with a
40	40	disability under this supported decision-making agreement, you
41	41	have a duty to:
42	42	(1) act in good faith;
43	43	(2) act within the authority granted in this
44	44	agreement;
45	45	(3) act loyally and without self-interest; and
46	46	(4) avoid conflicts of interest.
47	47	Appointment of Supporter
48	48	I, (insert your name), make this agreement of my own free
49	49	will.
50	50	I agree and designate that:
51	51	Name:
52	52	Address:
53	53	Phone Number:
54	54	E-mail Address:
55	55	is my supporter. My supporter may help me with making everyday
56	56	life decisions relating to the following:
57	57	Y/N obtaining food, clothing, and shelter
58	58	Y/N taking care of my physical health
59	59	Y/N legal proceedings I am involved in, including civil
60	60	and criminal proceedings
61	61	Y/N managing my financial affairs.
62	62	My supporter is not allowed to make decisions for me. To
63	63	help me with my decisions, my supporter may:
64	64	1. Help me access, collect, or obtain information that is
65	65	relevant to a decision, including medical, psychological,
66	66	financial, educational, legal, or treatment records;
67	67	2. Help me understand my options so I can make an informed
68	68	decision; or
69	69	3. Help me communicate my decision to appropriate persons.
70	70	Y/N A release allowing my supporter to see protected
71	71	health information under the Health Insurance Portability and
72	72	Accountability Act of 1996 (Pub. L. No. 104-191) is attached.
73	73	Y/N A release allowing my supporter to see educational
74	74	records under the Family Educational Rights and Privacy Act of 1974
75	75	(20 U.S.C. Section 1232g) is attached.
76	76	Effective Date of Supported Decision-Making Agreement
77	77	This supported decision-making agreement is effective
78	78	immediately and will continue until (insert date) or until the
79	79	agreement is terminated by my supporter or me or by operation of
80	80	law.
81	81	Signed this ______ day of _________, 20___
82	82	Consent of Supporter
83	83	I, (name of supporter), consent to act as a supporter under
84	84	this agreement.
85	85	(signature of supporter)(printed name of supporter)
86	86	Signature
87	87	(my signature)(my printed name)
88	88	(witness 1 signature)(printed name of witness 1)
89	89	(witness 2 signature)(printed name of witness 2)
90	90	State of
91	91	County of
92	92	This document was acknowledged before me
93	93	on _______________________________ (date)
94	94	by _______________________________ and _______________________
95	95	(name of adult with a disability)(name of supporter)
96	96	(signature of notarial officer)
97	97	(Seal, if any, of notary)
98	98	(printed name)
99	99	My commission expires:
100	100	WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
101	101	IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
102	102	OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE
103	103	ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY
104	104	THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT,
105	105	OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
106	106	BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT
107	107	WWW.TXABUSEHOTLINE.ORG.
108	108	SECTION 3. The changes in law made by this Act apply to a
109	109	supported decision-making agreement entered into on or after the
110	110	effective date of this Act. A supported decision-making agreement
111	111	entered into before the effective date of this Act is governed by
112	112	the law as it existed on the date the supported decision-making
113	113	agreement was entered into, and the former law is continued in
114	114	effect for that purpose.
115	115	SECTION 4. This Act takes effect September 1, 2025.