88R11608 EAS-D
 
  By: Zaffirini S.B. No. 1638
 
 
 
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, 2023.