BILL ANALYSIS

H.B. 446

By: Craddick

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

State law needs updating with regard to the terminology used for individuals with intellectual disabilities because it still uses the outdated term "mentally retarded" to refer to these individuals. H.B. 446 seeks to update these references in law. 

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 446 amends the Civil Practice and Remedies Code, Code of Criminal Procedure, Family Code, Finance Code, Government Code, Health and Safety Code, Human Resources Code, Insurance Code, Labor Code, Local Government Code, Occupations Code, Transportation Code, and Tax Code to update the terminology used in statute to refer to certain disabilities and to update certain agency references. The bill replaces references to "mental retardation," "mentally ill and mentally retarded," "the mentally retarded," and "mentally ill" with references to an "intellectual disability," "intellectual and developmental disability," "individuals with an intellectual disability," "mental illness or intellectual disability," "mental illness," or "severe intellectual disability," as appropriate. The bill replaces references to "physically handicapped" with references to a "physical disability" and references to a "local mental retardation authority" with references to a "local intellectual and developmental disability authority." The bill also updates references to abolished state agencies to reflect the current role of agencies in the health and human services system with respect to a function previously performed by an abolished agency.

H.B. 446 repeals the following provisions of the Health and Safety Code:

· Section 531.0021(c); and

· Sections 591.003(13) and (16).

EFFECTIVE DATE

September 1, 2023.