Texas
Overview
Guardianship Laws
Tex. Est. Code Ann. §§ 1001 -1357
Supported Decision-Making
Supported Decision-Making Statute
- Supported Decision-Making Statute:
- Tex. Est. Code Ann. 1357.001– 102 (2015).
Link to Texas Code: statutes.capitol.texas.gov/Docs/ES/htm/ES.1357.htm
Link to Enacted Bill: capitol.texas.gov/BillLookup/History.aspx?LegSess=84R&Bill=SB1881 - Bill of Rights for People Subject to Guardianship:
- Tex. Est. Code Ann. § 1151, subchapter H (2015).
Link to Texas Code: statutes.capitol.texas.gov/Docs/ES/htm/ES.1151.htm
Link to Enacted Bill: capitol.texas.gov/BillLookup/History.aspx?LegSess=84R&Bill=SB1882 - SDM Agreement Act Amendment (relating to fiduciary duties and providing for the designation of an alternate supporter to prevent a conflict of interest in the case of paid supporters):
- Tex. Est. Code Ann. § 361.001–155 (2017).
Link to Texas Code: statutes.capitol.texas.gov/Docs/ES/pdf/ES.361.pdf
Link to Enacted Bill: capitol.texas.gov/BillLookup/History.aspx?LegSess=85R&Bill=SB39 - Special Education Transition Requirements (includes SDM):
- Tex. Educ. Code Ann. § 29.001 et seq. (2017).
Link to Texas Code: statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm - Link to Enacted Bill:
capitol.texas.gov/BillLookup/History.aspx?LegSess=85R&Bill=SB748 - Pilot Program (to improve service delivery models related to Medicaid, including promoting alternatives to guardianship, including an SDM):
- Tex. Gov’t Code Ann. § 534.001 (2019).
Link to Texas Code: statutes.capitol.texas.gov/Docs/GV/htm/GV.534.htm
Link to Enacted Bill: capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB4533
State Legislation
- H.B. 4533, 86th Leg., Reg. Sess. (Tex. 2019) (also see HB 4561)
- Description: Established a pilot program for improving service delivery models related to Medicaid that was designed to, among other things, promote alternatives to guardianship, including an SDMA Agreement.
- Status: Enacted June 14, 2019
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB4533]
- H.B. 1886, 85th Leg., Reg. Sess. (Tex. 2017)
- Description: Incorporates SDM and SDM Agreements into special education transition planning requirements.
- Status: Enacted 6/15/17
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=85R&Bill=HB1886]
- S. 748, 85th Leg., Reg. Sess. (Tex. 2017)
- Description: Incorporates SDM and SDM Agreements into special education transition planning requirements
- Status: Enacted 6/9/2017
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=85R&Bill=SB748]
- S. 39, 85th Leg., Reg. Sess. (Tex. 2017)
- Description: Amends the SDM Agreement Act to define the fiduciary duties the supporter owes to the adult with a disability and to provide for the designation of an alternate supporter to prevent a conflict of interest in the case of paid supporters
- Status: Enacted 6/9/2017
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=85R&Bill=SB39]
- S. 1882, 84th Leg., Reg. Sess. (Tex. 2015)
- Description: Codified a bill of rights for people subject to guardianship, including the right to petition a court for relief to transition to an SDM Agreement.
- Status: Enacted 6/9/15
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=84R&Bill=SB1882]
- H.B. 39, 84th Leg., Reg. Sess. (Tex. 2015)
- Description: Codified comprehensive guardianship reform, including SDM and an SDM Agreement statutory form.
- Status: Enacted 5/29/15
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=84R&Bill=HB39]
- S. 1881, 84th Leg., Reg. Sess. (Tex. 2015)
- Description: Codified SDM and an SDM Agreement Statutory form
- Status: Enacted 6/9/15
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=84R&Bill=SB1881]
- H.B. 1454, 81st Leg., Reg. Sess. (Tex. 2009)
- Description: Established a vulunteer-supported decision-making advocate pilot program for persons with intellectual and developmental disabilities and persons with other cognitive disabilities.
- Status: Enacted 5/20/09
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=81R&Bill=HB1454]
- H.B. 2178, 87th Leg., 2021-2022, and companion bill S.B. 626, 87th Leg., 2021-2022.
- Description: Relates to guardianships & other procedures for incapacitated individuals. Includes a provision allowing an individual under guardianship to petition the court & retain counsel of their choice for the purpose of modifying or terminating the guardianship in favor of a transition to a SDMA.
- Status: Signed by the Governor on 06/14/2021. Effective on 09/01/2021
- Public Link House Bill: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB2178
- Public Link Senate Bill: [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB626]
- 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: [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB411]
- Public Link Senate Bill: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&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: [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB877]
- Public Link Senate Bill: [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB2105]
- Description: Requires that students with disabilities have the same rights as students without disabilities to make educational decisions.
- 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.
- Public Link: [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1602]
- 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.
- Public Link: [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB824]
- 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.
- Public Link: [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB119]
- 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: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB473
- Public Link Senate Bill: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&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
- Public Link: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB3657
- 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
- Public Link [capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB1768]
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).
Public Link: https://law.justia.com/cases/texas/second-court-of-appeals/2018/02-17-00189-cv.html - 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).
Public Link: https://law.justia.com/cases/texas/second-court-of-appeals/2020/02-19-00233-cv.html
State Grant Programs
None awarded
Other Resources
- Video and Resources- Partners Resource Network
Link: prntexas.org/supported-decision-making/ - Website: Navigate Life Texas
Link: www.navigatelifetexas.org/en/family-support/supported-decision-making-and-helping-your-child-make-decisions - Videos and Toolkits: Supported Decision-Making Resources, Disability Rights Texas
Link: www.disabilityrightstx.org/resources/supported-decision-making - Website: Supported Decision-Making: Alternatives to Guardianship, Texas Council for Developmental Disabilities
Link: tcdd.texas.gov/guardianship-alternatives/ - Fact Sheet: Alternatives to Guardianship: Supported Decision-Making Agreements, The Arc of Texas
Link: www.thearcoftexas.org/wp-content/uploads/2016/06/Supported_Decision_Making_For_Families_UPDATED_Jan_2016.pdf - Publication: Supported Decision-Making in the Lone Star State, NYU Law Review
Link: www.nyulawreview.org/wp-content/uploads/2018/10/NYULawReview-93-4-Theodorou_0.pdf - Webinar slides: The Ethics of Supported Decision Making, Disability Rights Texas
Link: wise.unt.edu/sites/default/files/The%20Ethics%20of%20Supported%20Decision-Making.pdf - Video and Resources: Partners Resource Network
Link: prntexas.org/supported-decision-making/
Information Last Updated: July 21, 2022