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National Resource Center for Supported Decision Making
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Texas

Texas

Overview

Texas was the first U.S. state to enact a Supported Decision‑Making Agreement (SDMA) law in 2015. Since then, the state has expanded SDM through guardianship reform, Medicaid pilots, and special education transition legislation. Texas courts have recognized supported decision-making as a less restrictive alternative in several key guardianship decisions. In 2023, Senate Bill 1624 further updated estates code sections related to guardianship procedures, affirming the ongoing relevance of SDM principles.

Guardianship Laws

Tex. Est. Code Ann. §§ 1001 -1357

Supported Decision-Making

Supported Decision-Making Statute

State Legislation

  • H.B. 411, 87th Leg., 2021-2022, and companion bill S.B. 1108
    • Description: Changing the terminulogy from “admission, review, and dismissal committee” or “ARD committee,” to the preferred phrases “individualized education program team” or “IEP team.” Includes the individual’s right to supports & services to foster the student’s independence & self-determination including SDMAs.
    • Status: Engrossed, passed House on 04/09/2021, received by Senate 04/12/2021.
    • Public Link House Bill HB411
    • Public Link Senate Bill SB1108
  • H.B. 877, 87th Leg., 2021-2022, and companion bill S.B. 2105, 87th Leg., 2021-2022.
    • Description: Requires that students with disabilities have the same rights as students without disabilities to make educational decisions.
      • Section relating to provision of information about SDM: Requires the schoul district to provide information to student and their parents no later than 1 year before the student’s 18th birthday, about guardianship and alternatives, including SDMA. Also requires provision of information and resources on SDMA to be provided when a guardianship is requested.
      • Section relating to appointment of Educations Representative: in making the decision that an individual does not have the ability to provide informed consent about the educational plan, the professional making the plan must consider whether the student could use SDM to enable them to make educational decisions.
    • Status House Bill: Referred to Committee on Public Education, 03/01/2021
    • Status Senate Bill: Left pending in Committee on Education after a public hearing on 04/13/2021.
    • Public Link House Bill HB877
    • Public Link Senate Bill SB2105
  • H.B. 1602, 87th Leg., 2021-2022
    • Description: Adds a section on Career and Employment Skills Development to the IEP developed for public schoul students, including information about SDM.
    • Status: Referred to committee on Public Education, 03/09/2021.
  • S.B. 824, 87th Leg., 2021-2022
    • Description: Sets standards for confidentiality and privilege for supporters who are supporting an individual who is a defendant during court proceedings such as an arraignment, hearing, or examining trial, as well as in civil cases and depositions.
    • Status: Read for the first time and sent to the Committee on Jurisprudence, 03/11/2021.
  • H.B. 119, 87th Leg., 2021-2022
    • Description: Prohibits discrimination against people based on certain disabilities in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
    • Status: Engrossed – passed House on 03/25/2021, referred to Senate committee on Health & Human Services, public hearing scheduled for 04/21/2021.
  • H.B. 473, 87th Leg., 2021-2022, and companion bill S.B. 1017
    • Description: Prohibits discrimination against people based on certain disabilities in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
    • Status House Bill: In committee on Public Health, no action taken in committee 03/10/2021.
    • Status Senate Bill: Referred to committee on Health & Human Services, 03/18/2021.
    • Public Link House Bill HB473
    • Public Link Senate Bill SB1017
  • H.B. 3657, 87th Leg., 2021-2022
    • Description: Requiring the transition and employment guide given to persons with disabilities transitioning out of public schoul to include information about supported decision-making, among other support services.
    • Status: Referred to committee on Human Services, 03/22/2021
  • H.B. 2019, 86th Leg., Reg. Sess. (Tex. 2019)
    • Description: Would amend “incapacitated person” to incorporate SDM language and require the order appointing a guardian to include a finding related to the ruling out of SDM
    • Status: Failed – In the Committee of State Affairs since March 14, 2019

Case Law & Court Orders

  • In re Guardianship & Estate of Tonner, 513 S.W.3d 496 (Tex. 2016) (explaining that a person who was under guardianship before the guardian’s death needs another guardian to determine whether they no longer need a guardian).
  • Guardianship of A.E., 552 S.W.3d 873 (Tex. App. 2018)(reversing the lower court’s denial of guardianship as an abuse of discretion because court found by clear and convincing evidence that the individual was unable to meet her needs by any less restrictive means including SDM).
  • Guardianship of N.P., 2020 WL 7252322 (Tex. App. 2020)(reversing the lower court’s order creating a limited guardianship as an abuse of discretion and finding that, as no testimony was offered contradicting the need for a full guardianship, it was warranted).

State Grant Programs

None awarded

Other Resources

Information Last Updated: January 25, 2025

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