Bill Text: TX SB824 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the use of supported decision-making agreements by persons during court proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Jurisprudence [SB824 Detail]
Download: Texas-2021-SB824-Introduced.html
| By: Zaffirini | S.B. No. 824 | |
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| relating to the use of supported decision-making agreements by | ||
| persons during court proceedings. | ||
| SECTION 1. Subtitle D, Title 2, Government Code, is amended | ||
| by adding Chapter 57A to read as follows: | ||
| CHAPTER 57A. SUPPORTED DECISION-MAKING AGREEMENTS | ||
| Sec. 57A.001. DEFINITIONS. In this chapter: | ||
| (1) "Supported decision-making agreement" is an | ||
| agreement between an adult with a disability and a supporter | ||
| entered into under Chapter 1357, Estates Code. | ||
| (2) "Supporter" means an adult who has entered into a | ||
| supported decision-making agreement with an adult with a | ||
| disability. | ||
| Sec. 57A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT. | ||
| (a) If the court is notified by a party that the defendant is | ||
| qualified to utilize a supported decision-making agreement under | ||
| Chapter 1357, Estates Code, and will be present at an arraignment, | ||
| hearing, examining trial, or other proceeding, the court shall | ||
| allow the defendant to use a supporter pursuant to a supported | ||
| decision-making agreement. | ||
| (b) Following the filing of an indictment, information, or | ||
| complaint against a defendant who is qualified to utilize a | ||
| supported decision-making agreement under Chapter 1357, Estates | ||
| Code, the court on the motion of the defendant shall allow the | ||
| defendant to use a supporter to support the defendant pursuant to | ||
| the defendant's supported decision-making agreement. The supporter | ||
| may not disclose a communication between the defendant and defense | ||
| counsel or a fact that came to the attention of the supporter while | ||
| supporting the defendant if defense counsel may not disclose that | ||
| communication or fact. | ||
| (c) The supporter allowed under the terms of this Article | ||
| shall be required to take an oath that the supporter will provide | ||
| support to the individual under the terms of the supported | ||
| decision-making agreement in effect and that the supporter will not | ||
| undermine the decision-making authority of the defendant. | ||
| (d) Supplying a supporter utilized under this chapter is the | ||
| responsibility of the defendant and a supporter is not entitled to a | ||
| fee from the court for supporting the defendant. | ||
| SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies | ||
| Code is amended by adding Chapter 21A to read as follows: | ||
| CHAPTER 21A. SSUPPORTED DECISION-MAKING AGREEMENTS | ||
| Sec. 21A.002. DEFINITIONS. In this chapter: | ||
| (1) "Supported decision-making agreement" is an | ||
| agreement between an adult with a disability and a supporter | ||
| entered into under Chapter 1357, Estates Code. | ||
| (2) "Supporter" means an adult who has entered into a | ||
| supported decision-making agreement with an adult with a | ||
| disability. | ||
| Sec. 21A.002. USE OF A SUPPORTED DECISION-MAKING AGREEMENT. | ||
| (a) In a civil case or in a deposition, a person who is a party or | ||
| witness is qualified to utilize a supported decision-making | ||
| agreement under Chapter 1357, Estates Code, the party or witness is | ||
| entitled to use the services of a supporter under the terms of a | ||
| supported decision-making agreement. | ||
| (b) The supporter shall take an oath that the supporter will | ||
| provide support to the individual under the terms of the supported | ||
| decision-making agreement in effect and that the supporter will not | ||
| undermine the decision-making authority of the party or witness. | ||
| (c) Supplying a supporter utilized under this chapter is the | ||
| responsibility of the party requesting to use the supporter and a | ||
| supporter is not entitled to a fee from the court for supporting the | ||
| party or witness. | ||
| (d) If an individual utilizes a supporter pursuant to a | ||
| supported decision-making agreement and the supporter communicates | ||
| to the individual under circumstances in which the communication | ||
| would be privileged and the party could not be required to testify | ||
| about the communication, the privilege applies to the supporter as | ||
| well. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
