Right on cue: Bill proposes to remove the term “incurable imbecility” from LIBs statute

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Right on cue: Bill proposes to remove the term “incurable imbecility” from LIBs statute

The El Paso court of appeals released its decision in Portillo on January 31, 2023, and nine days later, Texas Senator Drew Springer (R – Weatherford) filed a bill to delete the term “incurable insanity or imbecility” from the LIBs statute. Springer’s bill, SB 799, proposes to replace that archaic term with the phrase “a permanent major neurocognitive disorder or a psychotic disorder.”

SB 799 would make other changes to the LIB statute as well. Of significance, the bill also would permit first responders to receive LIBs when they suffer a “serious bodily injury . . . that permanently prevents [them] from performing any gainful work.”