89R2843 EAS-D
By: Zaffirini S.B. No. 66
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a supporter regarding legal
proceedings granted under a supported decision-making agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1357.051, Estates Code, is amended to
read as follows:
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, legal, 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.
SECTION 2. Section 1357.056(a), Estates Code, is amended to
read as follows:
(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
Important Information For Supporter: Duties
When you agree to provide support to an adult with a
disability under this supported decision-making agreement, you
have a duty to:
(1) act in good faith;
(2) act within the authority granted in this
agreement;
(3) act loyally and without self-interest; and
(4) avoid conflicts of interest.
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 legal proceedings I am involved in, including civil
and criminal proceedings
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, legal, 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
This document was acknowledged before me
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.
SECTION 3. The changes in law made by this Act apply to a
supported decision-making agreement entered into on or after the
effective date of this Act. A supported decision-making agreement
entered into before the effective date of this Act is governed by
the law as it existed on the date the supported decision-making
agreement was entered into, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.