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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of person first respectful language in |
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reference to individuals with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 3, Government Code, is amended |
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by adding Chapter 392 to read as follows: |
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CHAPTER 392. PERSON FIRST RESPECTFUL LANGUAGE INITIATIVE |
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Sec. 392.001. FINDINGS AND INTENT. The legislature finds |
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that language used in reference to persons with disabilities shapes |
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and reflects society's attitudes toward persons with disabilities. |
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Certain terms are demeaning and create an invisible barrier to |
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inclusion as equal community members. It is the intent of the |
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legislature to clarify preferred language for new and revised laws |
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by requiring the use of terminology that places the person before |
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the disability. |
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Sec. 392.002. USE OF PERSON FIRST RESPECTFUL LANGUAGE |
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REQUIRED. (a) The legislature and the Texas Legislative Council |
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are directed to avoid using the following terms in any new statute |
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or resolution, and to change such references in any existing |
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statute or resolution as sections including these references are |
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otherwise amended by law: |
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(1) disabled; |
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(2) developmentally disabled; |
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(3) mentally disabled; |
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(4) mentally ill; |
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(5) mentally retarded; |
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(6) handicapped; |
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(7) cripple; and |
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(8) crippled. |
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(b) The legislature and the Texas Legislative Council are |
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directed to replace terms referenced in Subsection (a) as |
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appropriate with the following revised terminology or appropriate |
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variations of that terminology: |
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(1) "persons with disabilities"; |
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(2) "persons with developmental disabilities"; |
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(3) "persons with mental illness"; and |
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(4) "persons with intellectual disabilities." |
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(c) A statute or resolution is not invalid because it does |
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not comply with this section. |
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SECTION 2. Chapter 325, Government Code, is amended by |
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adding Section 325.0123 to read as follows: |
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Sec. 325.0123. REVIEW OF CERTAIN AGENCIES FOR RESPECTFUL |
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LANGUAGE. (a) As part of its review of a health and human services |
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agency, the commission shall consider and make recommendations |
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regarding revising the agency's provisions to use the term |
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"intellectual disability" instead of "mental retardation" and the |
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term "person with intellectual disability" instead of "person with |
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mental retardation." |
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(b) As part of its review of an agency, the commission shall |
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consider and recommend, as appropriate, implementing the person |
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first respectful language initiative under Chapter 392. |
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SECTION 3. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0227 to read as follows: |
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Sec. 531.0227. PERSON FIRST RESPECTFUL LANGUAGE PROMOTION. |
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The executive commissioner shall ensure that the commission and |
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each health and human services agency use the preferred terms from |
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the person first respectful language initiative in Chapter 392 when |
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proposing, adopting, or amending the commission's or agency's |
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rules, reference materials, publications, and electronic media. |
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SECTION 4. Section 591.003, Health and Safety Code, is |
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amended by adding Subdivisions (7-a) and (15-a) and amending |
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Subdivisions (13) and (16) to read as follows: |
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(7-a) "Intellectual disability" means significantly |
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subaverage general intellectual functioning that is concurrent |
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with deficits in adaptive behavior and originates during the |
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developmental period. |
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(13) "Mental retardation" means intellectual |
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disability [means significantly subaverage general intellectual
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functioning that is concurrent with deficits in adaptive behavior
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and originates during the developmental period]. |
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(15-a) "Person with intellectual disability" means a |
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person determined by a physician or psychologist licensed in this |
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state or certified by the department to have subaverage general |
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intellectual functioning with deficits in adaptive behavior. |
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(16) "Person with mental retardation" means a person |
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with intellectual disability [a person determined by a physician or
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psychologist licensed in this state or certified by the department
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to have subaverage general intellectual functioning with deficits
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in adaptive behavior]. |
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SECTION 5. It is not the intent of the legislature that the |
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changes in law made by this Act affect the application or |
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interpretation of the Penal Code or eligibility for any program. |
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SECTION 6. This Act takes effect September 1, 2009. |