82R1151 GCB-D
	By: Truitt, Naishtat, J. Davis of Harris,	H.B. No. 1481
	Raymond, Menendez, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the use of person first respectful language in
	reference to individuals with disabilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle Z, Title 3, Government Code, is amended
	by adding Chapter 392 to read as follows:
	CHAPTER 392. PERSON FIRST RESPECTFUL LANGUAGE INITIATIVE
	Sec. 392.001.  FINDINGS AND INTENT. The legislature finds
	that language used in reference to persons with disabilities shapes
	and reflects society's attitudes toward persons with disabilities.
	Certain terms and phrases are demeaning and create an invisible
	barrier to inclusion as equal community members. It is the intent
	of the legislature to establish preferred terms and phrases for new
	and revised laws by requiring the use of language that places the
	person before the disability.
	Sec. 392.002.  USE OF PERSON FIRST RESPECTFUL LANGUAGE
	REQUIRED.  (a)  The legislature and the Texas Legislative Council
	are directed to avoid using the following terms and phrases in any
	new statute or resolution and to change those terms and phrases used
	in any existing statute or resolution as sections including those
	terms and phrases are otherwise amended by law:
	(1)  disabled;
	(2)  developmentally disabled;
	(3)  mentally disabled;
	(4)  mentally ill;
	(5)  mentally retarded;
	(6)  handicapped;
	(7)  cripple; and
	(8)  crippled.
	(b)  In enacting or revising statutes or resolutions, the
	legislature and the Texas Legislative Council are directed to
	replace, as appropriate, terms and phrases listed by Subsection (a)
	with the following preferred phrases or appropriate variations of
	those phrases:
	(1)  "persons with disabilities";
	(2)  "persons with developmental disabilities";
	(3)  "persons with mental illness"; and
	(4)  "persons with intellectual disabilities."
	(c)  A statute or resolution is not invalid solely because it
	does not employ this section's preferred phrases.
	SECTION 2.  Chapter 325, Government Code, is amended by
	adding Section 325.0123 to read as follows:
	Sec. 325.0123.  REVIEW OF CERTAIN AGENCIES FOR RESPECTFUL
	LANGUAGE.  (a)  As part of its review of a health and human services
	agency, the commission shall consider and make recommendations
	regarding the statutory revisions necessary to use the phrase
	"intellectual disability" instead of "mental retardation" and to
	use the phrase "person with intellectual disability" instead of
	"person with mental retardation."
	(b)  As part of its review of an agency, the commission shall
	consider and recommend, as appropriate, statutory revisions in
	accordance with the person first respectful language initiative
	under Chapter 392.
	SECTION 3.  Subchapter B, Chapter 531, Government Code, is
	amended by adding Section 531.0227 to read as follows:
	Sec. 531.0227.  PERSON FIRST RESPECTFUL LANGUAGE PROMOTION.
	The executive commissioner shall ensure that the commission and
	each health and human services agency use the terms and phrases
	listed as preferred under the person first respectful language
	initiative in Chapter 392 when proposing, adopting, or amending the
	commission's or agency's rules, reference materials, publications,
	and electronic media.
	SECTION 4.  Subchapter C, Chapter 7, Education Code, is
	amended by adding Section 7.063 to read as follows:
	Sec. 7.063.  PERSON FIRST RESPECTFUL LANGUAGE PROMOTION.
	The commissioner shall ensure that the agency uses the terms and
	phrases listed as preferred under the person first respectful
	language initiative in Chapter 392, Government Code, when
	proposing, adopting, or amending the agency's rules, reference
	materials, publications, and electronic media.
	SECTION 5.  Section 591.003, Health and Safety Code, is
	amended by adding Subdivisions (7-a) and (15-a) and amending
	Subdivisions (13) and (16) to read as follows:
	(7-a)  "Intellectual disability" means significantly
	subaverage general intellectual functioning that is concurrent
	with deficits in adaptive behavior and originates during the
	developmental period.
	(13)  "Mental retardation" means intellectual
	disability [means significantly subaverage general intellectual
	functioning that is concurrent with deficits in adaptive behavior
	and originates during the developmental period].
	(15-a)  "Person with intellectual disability" means a
	person determined by a physician or psychologist licensed in this
	state or certified by the department to have subaverage general
	intellectual functioning with deficits in adaptive behavior.
	(16)  "Person with mental retardation" means a person
	with intellectual disability [a person determined by a physician or
	psychologist licensed in this state or certified by the department
	to have subaverage general intellectual functioning with deficits
	in adaptive behavior].
	SECTION 6.  It is not the intent of the legislature that the
	changes in law made by this Act affect the application or
	interpretation of the Penal Code or eligibility for any program.
	SECTION 7.  This Act takes effect September 1, 2011.