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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a supporter regarding legal |
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proceedings granted under a supported decision-making agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1357.051, Estates Code, is amended to |
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read as follows: |
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Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING |
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AGREEMENT. An adult with a disability may voluntarily, without |
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undue influence or coercion, enter into a supported decision-making |
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agreement with a supporter under which the adult with a disability |
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authorizes the supporter to do any or all of the following: |
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(1) provide supported decision-making, including |
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assistance in understanding the options, responsibilities, and |
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consequences of the adult's life decisions, without making those |
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decisions on behalf of the adult with a disability; |
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(2) subject to Section 1357.054, assist the adult in |
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accessing, collecting, and obtaining information that is relevant |
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to a given life decision, including medical, psychological, |
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financial, educational, legal, or treatment records, from any |
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person; |
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(3) assist the adult with a disability in |
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understanding the information described by Subdivision (2); and |
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(4) assist the adult in communicating the adult's |
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decisions to appropriate persons. |
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SECTION 2. Section 1357.056(a), Estates Code, is amended to |
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read as follows: |
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(a) Subject to Subsection (b), a supported decision-making |
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agreement is valid only if it is in substantially the following |
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form: |
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SUPPORTED DECISION-MAKING AGREEMENT |
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Important Information For Supporter: Duties |
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When you agree to provide support to an adult with a |
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disability under this supported decision-making agreement, you |
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have a duty to: |
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(1) act in good faith; |
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(2) act within the authority granted in this |
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agreement; |
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(3) act loyally and without self-interest; and |
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(4) avoid conflicts of interest. |
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Appointment of Supporter |
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I, (insert your name), make this agreement of my own free |
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will. |
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I agree and designate that: |
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Name: |
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Address: |
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Phone Number: |
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E-mail Address: |
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is my supporter. My supporter may help me with making everyday |
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life decisions relating to the following: |
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Y/N obtaining food, clothing, and shelter |
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Y/N taking care of my physical health |
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Y/N legal proceedings I am involved in, including civil |
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and criminal proceedings |
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Y/N managing my financial affairs. |
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My supporter is not allowed to make decisions for me. To |
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help me with my decisions, my supporter may: |
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1. Help me access, collect, or obtain information that is |
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relevant to a decision, including medical, psychological, |
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financial, educational, legal, or treatment records; |
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2. Help me understand my options so I can make an informed |
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decision; or |
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3. Help me communicate my decision to appropriate persons. |
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Y/N A release allowing my supporter to see protected |
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health information under the Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191) is attached. |
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Y/N A release allowing my supporter to see educational |
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records under the Family Educational Rights and Privacy Act of 1974 |
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(20 U.S.C. Section 1232g) is attached. |
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Effective Date of Supported Decision-Making Agreement |
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This supported decision-making agreement is effective |
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immediately and will continue until (insert date) or until the |
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agreement is terminated by my supporter or me or by operation of |
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law. |
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Signed this ______ day of _________, 20___ |
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Consent of Supporter |
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I, (name of supporter), consent to act as a supporter under |
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this agreement. |
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(signature of supporter)(printed name of supporter) |
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Signature |
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(my signature)(my printed name) |
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(witness 1 signature)(printed name of witness 1) |
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(witness 2 signature)(printed name of witness 2) |
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State of |
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County of |
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This document was acknowledged before me |
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on _______________________________ (date) |
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by _______________________________ and _______________________ |
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(name of adult with a disability)(name of supporter) |
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(signature of notarial officer) |
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(Seal, if any, of notary) |
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(printed name) |
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My commission expires: |
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WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY |
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IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE |
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OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE |
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ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY |
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THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT, |
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OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES |
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BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT |
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WWW.TXABUSEHOTLINE.ORG. |
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SECTION 3. The changes in law made by this Act apply to a |
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supported decision-making agreement entered into on or after the |
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effective date of this Act. A supported decision-making agreement |
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entered into before the effective date of this Act is governed by |
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the law as it existed on the date the supported decision-making |
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agreement was entered into, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |