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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on authorizing a supporter under a supported |
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decision-making agreement to assist an adult with a disability with |
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legal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section: |
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(1) "Adult," "disability," "supported decision-making |
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agreement," and "supporter" have the meanings assigned by Section |
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1357.002, Estates Code. |
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(2) "Office" means the Office of Court Administration |
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of the Texas Judicial System. |
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(b) The office shall conduct a study on the legal and |
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ethical implications of authorizing a supporter under a supported |
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decision-making agreement to assist an adult with a disability with |
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legal proceedings in which the adult is involved. |
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(c) The study must: |
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(1) examine the effect of the supporter's involvement |
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in civil or criminal legal proceedings on attorney-client privilege |
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and confidentiality, including whether the presence of a supporter |
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during legal consultations results in a waiver of privilege or |
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other protection granted under law; |
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(2) identify provisions of the Estates Code and other |
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relevant laws that may require amendment to provide for the adult's |
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effective legal support while preserving protected communications |
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and ethical legal representation; |
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(3) evaluate best practices from other jurisdictions |
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that balance autonomy of adults with disabilities and access to |
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justice with confidentiality safeguards; and |
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(4) include recommendations for statutory changes |
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that the office determines are appropriate based on the results of |
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the study. |
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(d) In conducting the study, the office may consult with: |
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(1) Disability Rights Texas; |
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(2) relevant sections of the State Bar of Texas, |
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including sections specializing in probate, legal ethics, and |
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disability law; |
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(3) legal aid organizations and public defenders; |
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(4) members of the judiciary; and |
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(5) other stakeholders with experience in supported |
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decision-making agreements, legal ethics, or disability rights. |
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(e) Not later than December 1, 2026, the office shall submit |
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a report on its findings and recommendations to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the appropriate standing committees of the senate and house of |
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representatives. |
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SECTION 2. This Act takes effect September 1, 2025. |