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)

SB66

Low

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

Low Compliance Urgency

Requires routine attention

Cost Impact

Low

Effective

2025-09-01

Enforcing Agencies

Office of Court Administration

Primary Author: Sen. Judith Zaffirini

89th Texas Legislature

jdkey.com

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Jeff LeachRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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More from Sen. Judith Zaffirini

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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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