BILL ANALYSIS

 

 

Senate Research Center

S.B. 66

 

By: Zaffirini

 

Jurisprudence

 

6/9/2025

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Supportive decision-making agreements (SDMA) allow persons with the mental faculties to make choices who need some assistance understanding their consequences to maintain independence. When persons, however, with SDMAs are involved in criminal or civil court proceedings they are not allowed to have their supporters' assistance. This is highly problematic, particularly for persons with intellectual or developmental disabilities, because the consequences of decisions during court proceedings often are substantial.

 

S.B. 66 would allow persons with supportive decision-making agreements to use a supporter, at their own expense, in criminal and civil legal proceedings, including at trials, arraignments, hearings, and depositions. Establishing the right of persons with SDMAs to rely on their supporters in situations where their choices have the most substantial consequences would enhance these agreements' benefits.

 

S.B. 66 amends current law relating to a study on authorizing a supporter under a supported decision-making agreement to assist an adult with a disability with legal proceedings.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. (a) Defines "adult," "disability," "supported decision-making agreement," "supporter," and "office."

 

(b) Requires the Office of Court Administration of the Texas Judicial System (OCA) to conduct a study on the legal and ethical implications of authorizing a supporter under a supported decision-making agreement to assist an adult with a disability with legal proceedings in which the adult is involved.

 

(c) Requires that the study meet certain criteria.

 

(d) Authorizes OCA, in conducting the study, to consult with certain entities.

 

(e) Requires OCA, not later than December 1, 2026, to submit a report on its findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate standing committees of the senate and house of representatives.

 

SECTION 2. Effective date: September 1, 2025.