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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of supported decision-making agreements by |
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persons during court proceedings. |
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SECTION 1. Subtitle D, Title 2, Government Code, is amended |
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by adding Chapter 57A to read as follows: |
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CHAPTER 57A. SUPPORTED DECISION-MAKING AGREEMENTS |
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Sec. 57A.001. DEFINITIONS. In this chapter: |
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(1) "Supported decision-making agreement" is an |
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agreement between an adult with a disability and a supporter |
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entered into under Chapter 1357, Estates Code. |
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(2) "Supporter" means an adult who has entered into a |
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supported decision-making agreement with an adult with a |
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disability. |
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Sec. 57A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT. |
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(a) If the court is notified by a party that the defendant is |
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qualified to utilize a supported decision-making agreement under |
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Chapter 1357, Estates Code, and will be present at an arraignment, |
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hearing, examining trial, or other proceeding, the court shall |
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allow the defendant to use a supporter pursuant to a supported |
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decision-making agreement. |
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(b) Following the filing of an indictment, information, or |
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complaint against a defendant who is qualified to utilize a |
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supported decision-making agreement under Chapter 1357, Estates |
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Code, the court on the motion of the defendant shall allow the |
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defendant to use a supporter to support the defendant pursuant to |
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the defendant's supported decision-making agreement. The supporter |
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may not disclose a communication between the defendant and defense |
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counsel or a fact that came to the attention of the supporter while |
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supporting the defendant if defense counsel may not disclose that |
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communication or fact. |
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(c) The supporter allowed under the terms of this Article |
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shall be required to take an oath that the supporter will provide |
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support to the individual under the terms of the supported |
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decision-making agreement in effect and that the supporter will not |
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undermine the decision-making authority of the defendant. |
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(d) Supplying a supporter utilized under this chapter is the |
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responsibility of the defendant and a supporter is not entitled to a |
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fee from the court for supporting the defendant. |
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SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies |
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Code is amended by adding Chapter 21A to read as follows: |
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CHAPTER 21A. SSUPPORTED DECISION-MAKING AGREEMENTS |
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Sec. 21A.002. DEFINITIONS. In this chapter: |
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(1) "Supported decision-making agreement" is an |
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agreement between an adult with a disability and a supporter |
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entered into under Chapter 1357, Estates Code. |
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(2) "Supporter" means an adult who has entered into a |
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supported decision-making agreement with an adult with a |
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disability. |
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Sec. 21A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT. |
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(a) In a civil case or in a deposition, a person who is a party or |
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witness is qualified to utilize a supported decision-making |
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agreement under Chapter 1357, Estates Code, the party or witness is |
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entitled to use the services of a supporter under the terms of a |
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supported decision-making agreement. |
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(b) The supporter shall take an oath that the supporter will |
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provide support to the individual under the terms of the supported |
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decision-making agreement in effect and that the supporter will not |
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undermine the decision-making authority of the party or witness. |
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(c) Supplying a supporter utilized under this chapter is the |
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responsibility of the party requesting to use the supporter and a |
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supporter is not entitled to a fee from the court for supporting the |
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party or witness. |
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(d) If an individual utilizes a supporter pursuant to a |
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supported decision-making agreement and the supporter communicates |
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to the individual under circumstances in which the communication |
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would be privileged and the party could not be required to testify |
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about the communication, the privilege applies to the supporter as |
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well. |
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SECTION 3. This Act takes effect September 1, 2021. |