SB66

Regular Session

Relating to a study on authorizing a supporter under a supported decision-making agreement to assist an adult with a disability with legal proceedings.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Office of Court Administration (Tasked with conducting the study)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025 (Date the OCA is authorized to begin the study).
Compliance Deadline: None at this time. Private entities are not required to change operations.
Agency Rulemaking: The OCA must submit a report to the Legislature by December 1, 2026. Expect the 90th Legislature (Spring 2027) to pass substantive laws based on these findings, with new compliance requirements likely taking effect September 1, 2027.

Immediate Action Plan

Issue an Internal Legal Hold: Circulate a memo to all legal staff clarifying that SB 66 does not yet change privilege rules regarding Supported Decision-Making Agreements.
Maintain Privilege Protocols: Continue to exclude supporters from confidential attorney-client communications unless a specific, pre-existing exception applies.
Monitor for 2027: Mark December 1, 2026, on the regulatory calendar to review the OCA’s report, which will outline the actual compliance requirements expected in 2027.

Operational Changes Required

Contracts

No changes required. Do not amend engagement letters, representation agreements, or settlements to formally recognize a "supporter" as a party to the litigation or legal consultation.
Warning: Continue to treat supporters as third parties. Including them in contract negotiations without a separate waiver may compromise confidentiality.

Hiring/Training

Legal Staff Training: Instruct in-house and outside counsel that SB 66 is a study bill only. Staff must resist requests from clients to allow supporters into confidential meetings under the guise of this legislation.
Intake Procedures: Maintain current protocols for assessing client capacity independent of the supporter.

Reporting & Record-Keeping

No new filings. There are no reporting obligations for private businesses or associations.

Fees & Costs

None. No new statutory fees or operational costs are imposed by this legislation.

Strategic Ambiguities & Considerations

Privilege Waiver Risks: The legislation acknowledges the ambiguity regarding whether a supporter's presence waives attorney-client privilege but does not resolve it. Until the 2027 Legislature acts on the OCA's findings, businesses must assume that privilege is waived if a supporter is present.
Scope of "Assistance": The study will define what "assisting" in a legal proceeding entails (e.g., signing pleadings vs. merely attending hearings). Currently, this definition is non-existent. Do not allow supporters to sign legal documents on behalf of a client based on a Supported Decision-Making Agreement.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsProbate Probate--durable Power of Attorney Disabilities, Persons With Interim Studies Court Administration, Office of

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 66
89R2843 EAS-D	By: Zaffirini
	Jurisprudence
	4/14/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Supportive decision-making agreements (SDMA) allow persons with the mental faculties to make choices who need some assistance understanding their consequences to maintain independence. When persons, however, with SDMAs are involved in criminal or civil court proceedings they are not allowed to have their supporters' assistance. This is highly problematic, particularly for persons with intellectual or developmental disabilities, because the consequences of decisions during court proceedings often are substantial.

S.B. 66 would allow persons with supportive decision-making agreements to use a supporter, at their own expense, in criminal and civil legal proceedings, including at trials, arraignments, hearings, and depositions. Establishing the right of persons with SDMAs to rely on their supporters in situations where their choices have the most substantial consequences would enhance these agreements' benefits.

As proposed, S.B. 66 amends current law relating to the authority of a supporter regarding legal proceedings granted under a supported decision-making agreement.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1357.051, Estates Code, as follows:

Sec. 1357.051.� SCOPE OF SUPPORTED DECISION-MAKING AGREEMENT.� Authorizes an adult with a disability to 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 certain actions, including, subject to Section 1357.054 (Access to Personal Information), to assist the adult in accessing, collecting, and obtaining certain information that is relevant to a given life decision, including legal records, from any person.

SECTION 2. Amends Section 1357.056(a), Estates Code, as follows:

(a) Provides that, subject to Subsection (b) (relating to authorizing a supported decision-making agreement to be in any form not inconsistent with certain requirements), a supported decision-making agreement is valid only if it is in substantially a certain form which includes a yes or no statement to authorize a signee's supporter to help the signee with making everyday life decisions relating to legal proceedings the signee is involved in, including civil and criminal procedures. Makes a conforming change.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Jeff LeachRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 66

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to a study on authorizing a supporter under a supported
	decision-making agreement to assist an adult with a disability with
	legal proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. (a) In this section:
	(1) "Adult," "disability," "supported decision-making
	agreement," and "supporter" have the meanings assigned by Section
	1357.002, Estates Code.
	(2) "Office" means the Office of Court Administration
	of the Texas Judicial System.
	(b) The office shall conduct a study on the legal and
	ethical implications of authorizing a supporter under a supported
	decision-making agreement to assist an adult with a disability with
	legal proceedings in which the adult is involved.
	(c) The study must:
	(1) examine the effect of the supporter's involvement
	in civil or criminal legal proceedings on attorney-client privilege
	and confidentiality, including whether the presence of a supporter
	during legal consultations results in a waiver of privilege or
	other protection granted under law;
	(2) identify provisions of the Estates Code and other
	relevant laws that may require amendment to provide for the adult's
	effective legal support while preserving protected communications
	and ethical legal representation;
	(3) evaluate best practices from other jurisdictions
	that balance autonomy of adults with disabilities and access to
	justice with confidentiality safeguards; and
	(4) include recommendations for statutory changes
	that the office determines are appropriate based on the results of
	the study.
	(d) In conducting the study, the office may consult with:
	(1) Disability Rights Texas;
	(2) relevant sections of the State Bar of Texas,
	including sections specializing in probate, legal ethics, and
	disability law;
	(3) legal aid organizations and public defenders;
	(4) members of the judiciary; and
	(5) other stakeholders with experience in supported
	decision-making agreements, legal ethics, or disability rights.
	(e) Not later than December 1, 2026, the office shall submit
	a report on its findings and recommendations to the governor, the
	lieutenant governor, the speaker of the house of representatives,
	and the appropriate standing committees of the senate and house of
	representatives.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 15, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB66 by Zaffirini (Relating to the authority of a supporter regarding legal proceedings granted under a supported decision-making agreement.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, KDw, CMA

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Frequently Asked Questions

Common questions about SB66

What does Texas SB66 do?

SB 66 mandates a study by the Office of Court Administration (OCA) regarding the role of supporters in legal proceedings; it does not immediately amend the Estates Code to grant supporters legal standing or privilege protections. Legal departments and compliance officers must maintain strict adherence to current attorney-client privilege rules, as allowing a supporter to participate in confidential communications remains a waiver of privilege under current law. Implementation Timeline Effective Date: September 1, 2025 (Date the OCA is authorized to begin the study).

Who authored SB66?

SB66 was authored by Texas Senator Judith Zaffirini during the Regular Session.

When was SB66 signed into law?

SB66 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB66?

SB66 is enforced by Office of Court Administration (Tasked with conducting the study).

How urgent is compliance with SB66?

The compliance urgency for SB66 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB66?

The cost impact of SB66 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB66 address?

SB66 addresses topics including probate, probate--durable power of attorney, disabilities, persons with, interim studies and court administration, office of.

Legislative data provided by LegiScanLast updated: November 25, 2025

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