S.B. No. 1881

	AN ACT
	relating to authorizing supported decision-making agreements for
	certain adults with disabilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle I, Title 3, Estates Code, is amended by
	adding Chapter 1357 to read as follows:
	CHAPTER 1357.  SUPPORTED DECISION-MAKING AGREEMENT ACT
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 1357.001.  SHORT TITLE. This chapter may be cited as
	the Supported Decision-Making Agreement Act.
	Sec. 1357.002.  DEFINITIONS. In this chapter:
	(1)  "Adult" means an individual 18 years of age or
	older or an individual under 18 years of age who has had the
	disabilities of minority removed.
	(2)  "Disability" means, with respect to an individual,
	a physical or mental impairment that substantially limits one or
	more major life activities.
	(3)  "Supported decision-making" means a process of
	supporting and accommodating an adult with a disability to enable
	the adult to make life decisions, including decisions related to
	where the adult wants to live, the services, supports, and medical
	care the adult wants to receive, whom the adult wants to live with,
	and where the adult wants to work, without impeding the
	self-determination of the adult.
	(4)  "Supported decision-making agreement" is an
	agreement between an adult with a disability and a supporter
	entered into under this chapter.
	(5)  "Supporter" means an adult who has entered into a
	supported decision-making agreement with an adult with a
	disability.
	Sec. 1357.003.  PURPOSE. The purpose of this chapter is to
	recognize a less restrictive alternative to guardianship for adults
	with disabilities who need assistance with decisions regarding
	daily living but who are not considered incapacitated persons for
	purposes of establishing a guardianship under this title.
	SUBCHAPTER B.  SCOPE OF AGREEMENT AND AGREEMENT REQUIREMENTS
	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, 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.
	Sec. 1357.052.  AUTHORITY OF SUPPORTER.  A supporter may
	exercise the authority granted to the supporter in the supported
	decision-making agreement.
	Sec. 1357.053.  TERM OF AGREEMENT.  (a)  Except as provided
	by Subsection (b), the supported decision-making agreement extends
	until terminated by either party or by the terms of the agreement.
	(b)  The supported decision-making agreement is terminated
	if:
	(1)  the Department of Family and Protective Services
	finds that the adult with a disability has been abused, neglected,
	or exploited by the supporter; or
	(2)  the supporter is found criminally liable for
	conduct described by Subdivision (1).
	Sec. 1357.054.  ACCESS TO PERSONAL INFORMATION. (a)  A
	supporter is only authorized to assist the adult with a disability
	in accessing, collecting, or obtaining information that is relevant
	to a decision authorized under the supported decision-making
	agreement.
	(b)  If a supporter assists an adult with a disability in
	accessing, collecting, or obtaining personal information,
	including protected health information under the Health Insurance
	Portability and Accountability Act of 1996 (Pub. L. No. 104-191) or
	educational records under the Family Educational Rights and Privacy
	Act of 1974 (20 U.S.C. Section 1232g), the supporter shall ensure
	the information is kept privileged and confidential, as applicable,
	and is not subject to unauthorized access, use, or disclosure.
	(c)  The existence of a supported decision-making agreement
	does not preclude an adult with a disability from seeking personal
	information without the assistance of a supporter.
	Sec. 1357.055.  AUTHORIZING AND WITNESSING OF SUPPORTED
	DECISION-MAKING AGREEMENT. (a)  A supported decision-making
	agreement must be signed voluntarily, without coercion or undue
	influence, by the adult with a disability and the supporter in the
	presence of two or more subscribing witnesses or a notary public.
	(b)  If signed before two witnesses, the attesting witnesses
	must be at least 14 years of age.
	Sec. 1357.056.  FORM OF SUPPORTED DECISION-MAKING
	AGREEMENT. (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
	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     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, 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
	Thisdocumentwasacknowledgedbeforeme
	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.
	(b)  A supported decision-making agreement may be in any form
	not inconsistent with Subsection (a) and the other requirements of
	this chapter.
	SUBCHAPTER C.  DUTY OF CERTAIN PERSONS WITH RESPECT TO AGREEMENT
	Sec. 1357.101.  RELIANCE ON AGREEMENT; LIMITATION OF
	LIABILITY. (a)  A person who receives the original or a copy of a
	supported decision-making agreement shall rely on the agreement.
	(b)  A person is not subject to criminal or civil liability
	and has not engaged in professional misconduct for an act or
	omission if the act or omission is done in good faith and in
	reliance on a supported decision-making agreement.
	Sec. 1357.102.  REPORTING OF SUSPECTED ABUSE, NEGLECT, OR
	EXPLOITATION. If a person who receives a copy of a supported
	decision-making agreement or is aware of the existence of a
	supported decision-making 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
	in accordance with Section 48.051, Human Resources Code.
	SECTION 2.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1881 passed the Senate on
	April 27, 2015, by the following vote:  Yeas 29, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1881 passed the House on
	May 27, 2015, by the following vote:  Yeas 144, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor