SRC-TBR S.B. 177 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 177
77R647 JRD-DBy: Madla
Health and Human Services
1/22/2001
As Filed


DIGEST AND PURPOSE 

Currently under state law, there is no provision allowing for the audio or
video monitoring of a resident's room in a nursing home facility.  As
proposed, S.B. 177 allows for the audio or video monitoring and provides
the parameters for both the resident and the nursing home to follow in
relation to  monitoring. 

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 Chapter 242L, Health and Safety Code, by adding Section
242.505, as follows: 

Sec. 242.505.  RIGHT TO ELECTRONIC MONITORING.  (a) Defines "electronic
monitoring device." 

(b)  Requires an institution to permit a resident, the resident's next of
kin at the request of the resident, or the resident's guardian to monitor
the room of the resident through the use of electronic monitoring devices. 

(c)  Requires the institution to require a resident who conducts electronic
monitoring or the resident's guardian to post a notice on the door of the
resident's room.  Requires the notice to state that the room is being
monitored by an electronic monitoring device. 

(d)  Provides that electronic monitoring conducted under this section is
not compulsory and may be conducted only at the request of the resident of
the resident's guardian and must be paid for by the resident or the
resident's guardian and must protect the privacy rights of other residents
and visitors to the institution to the extent reasonably possible. 

(e)  Prohibits an institution from refusing to admit an individual to
residency in the institution and removing a resident from the institution
because of a request to conduct electronic monitoring. 

(f)  Requires an institution to make reasonable physical accommodation for
electronic monitoring including certain requirements. 

(g)  Requires an institution to inform a resident or the resident's
guardian of the resident's right to conduct electronic monitoring. 

(h)  Authorizes the institution, if electronic monitoring is conducted, to
require the electronic monitoring to be conducted in plain view. 

(i)  Authorizes the institution to require that a request to conduct
electronic monitoring be made in writing. 

 (j)  Authorizes a tape or recording created through the use of electronic
monitoring conducted under this section to be admitted into evidence in a
civil or criminal court action or administrative proceeding, subject to
applicable rules of evidence and procedure. 

(k)  Provides that a communication or other sound acquired by an audio
electronic monitoring device installed under this section is not considered
to fall under certain listed definitions. 

(l)  Provides that an administrator of an institution who knowingly refuses
to permit a resident, the resident's next of kin at the request of a
resident, or the resident's guardian to monitor the room of the resident in
accordance with this section through the use of electronic monitoring
devices commits an offense.  Provides that an offense under this section is
a Class A misdemeanor. 

(m)  Provides that an administrator of an institution who knowingly refuses
to admit an individual to residency in the institution, or who knowingly
allows the removal of a resident from the institution, because of a request
to conduct electronic monitoring under this section commits an offense.
Provides that an offense under this subsection is a Class A misdemeanor. 

(n)  Provides that a person who intentionally hampers, obstructs, tampers
with, or destroys an electronic monitoring device installed in a resident's
room in accordance with this section or a tape recording made by the device
commits an offense.  Provides that an offense under this subsection is a
Class B misdemeanor.  Provides that it is a defense to prosecution under
this subsection that the person took the action with the effective consent
of the resident on whose behalf the electronic monitoring device was
installed, the resident's guardian, or the resident's next of kin, if the
next of kin was conducting the monitoring at the request of the resident. 

SECTION 2.  Amends Section 242.501(a), Health and Safety Code, as follows,
to modify the Texas Department of Human Services, rulemaking authority, to
adopt a statement regarding a resident's rights, to include the resident's
right to place in the resident's room an electronic monitoring device that
is owned and operated by the resident, provided by the resident's next of
kin at the request of the resident, or provided by the resident's guardian. 

SECTION 3.  Effective date:  upon passage or September 1, 2001.