By Sadler                                             H.B. No. 3344
         77R2018 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to electronic monitoring devices in the rooms of persons
 1-3     receiving treatment at a comprehensive medical rehabilitation
 1-4     facility or at a treatment facility and in the rooms of residents
 1-5     of convalescent or nursing homes or related institutions; providing
 1-6     criminal penalties.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1. Subchapter L, Chapter 242, Health and Safety Code,
 1-9     is amended by adding Section 242.505 to read as follows:
1-10           Sec. 242.505.  RIGHT TO ELECTRONIC MONITORING. (a)  In this
1-11     section, "electronic monitoring device":
1-12                 (1)  includes:
1-13                       (A)  video surveillance cameras installed in the
1-14     room of a resident; and
1-15                       (B)  audio devices installed in the room of a
1-16     resident designed to acquire communications or other sounds
1-17     occurring in the room; and
1-18                 (2)  does not include an electronic, mechanical, or
1-19     other device as defined by Section 1, Article 18.20, Code of
1-20     Criminal Procedure.
1-21           (b)  An institution shall permit a resident, the resident's
1-22     next of kin at the request of the resident, or the resident's
1-23     guardian to monitor the room of the resident through the use of
1-24     electronic monitoring devices.
 2-1           (c)  The institution shall require a resident who conducts
 2-2     electronic monitoring or the resident's guardian to post a notice
 2-3     on the door of the resident's room. The notice must state that the
 2-4     room is being monitored by an electronic monitoring device.
 2-5           (d)  Electronic monitoring conducted under this section:
 2-6                 (1)  is not compulsory and may be conducted only at the
 2-7     request of the resident or the resident's guardian;
 2-8                 (2)  must be paid for by the resident or the resident's
 2-9     guardian; and
2-10                 (3)  must protect the privacy rights of other residents
2-11     and visitors to the institution to the extent reasonably possible.
2-12           (e)  An institution may not refuse to admit a person to
2-13     residency in the institution and may not remove a resident from the
2-14     institution because of a request to conduct electronic monitoring.
2-15           (f)  An institution shall make reasonable physical
2-16     accommodation for electronic monitoring, including:
2-17                 (1)  providing a reasonably secure place to mount the
2-18     video surveillance camera or other electronic monitoring device;
2-19     and
2-20                 (2)  providing access to power sources for the video
2-21     surveillance camera or other electronic monitoring device.
2-22           (g)  An institution shall inform a resident or the resident's
2-23     guardian of the resident's right to conduct electronic monitoring.
2-24           (h)  If electronic monitoring is conducted, the institution
2-25     may require the resident, the resident's next of kin, or the
2-26     resident's guardian to conduct the electronic monitoring in plain
2-27     view.
 3-1           (i)  An institution may require that a request to conduct
 3-2     electronic monitoring be made in writing.
 3-3           (j)  Subject to applicable rules of evidence and procedure, a
 3-4     tape or recording created through the use of electronic monitoring
 3-5     conducted under this section may be admitted into evidence in a
 3-6     civil or criminal court action or administrative proceeding.
 3-7           (k)  A communication or other sound acquired by an audio
 3-8     electronic monitoring device installed under this section is not
 3-9     considered to be:
3-10                 (1)  an oral communication as defined by Section 1,
3-11     Article 18.20, Code of Criminal Procedure; or
3-12                 (2)  a communication as defined by Section 123.001,
3-13     Civil Practice and Remedies Code.
3-14           (l)  An administrator of an institution who knowingly refuses
3-15     to permit a resident, the resident's next of kin at the request of
3-16     the resident, or the resident's guardian to monitor the room of the
3-17     resident in accordance with this section through the use of
3-18     electronic monitoring devices commits an offense. An offense under
3-19     this subsection is a Class A misdemeanor.
3-20           (m)  An administrator of an institution who knowingly refuses
3-21     to admit a person to residency in the institution, or who knowingly
3-22     allows the removal of a resident from the  institution, because of
3-23     a request to conduct electronic monitoring under this section
3-24     commits an offense.  An offense under this subsection is a Class A
3-25     misdemeanor.
3-26           (n)  A person who intentionally hampers, obstructs, tampers
3-27     with, or destroys an electronic monitoring device installed in a
 4-1     resident's room in accordance with this section, or a tape or
 4-2     recording made by the device, commits an offense. An offense under
 4-3     this subsection is a Class B misdemeanor. It is a defense to
 4-4     prosecution under this subsection that the person took the action
 4-5     with the effective consent of the resident on whose behalf the
 4-6     electronic monitoring device was installed, the resident's
 4-7     guardian, or the resident's next of kin if the next of kin was
 4-8     conducting the monitoring at the request of the resident.
 4-9           SECTION 2. Section 242.501(a), Health and Safety Code, is
4-10     amended to read as follows:
4-11           (a)  The department by rule shall adopt a statement of the
4-12     rights of a resident.  The statement must be consistent with
4-13     Chapter 102, Human Resources Code, but shall reflect the unique
4-14     circumstances of a resident at an institution.  At a minimum, the
4-15     statement of the rights of a resident must address the resident's
4-16     constitutional, civil, and legal rights and the resident's right:
4-17                 (1)  to be free from abuse and exploitation;
4-18                 (2)  to safe, decent, and clean conditions;
4-19                 (3)  to be treated with courtesy, consideration, and
4-20     respect;
4-21                 (4)  to not be subjected to discrimination based on
4-22     age, race, religion, sex, nationality, or disability and to
4-23     practice the resident's own religious beliefs;
4-24                 (5)  to place in the resident's room an electronic
4-25     monitoring device that is owned and operated by the resident,
4-26     provided by the resident's next of kin at the request of the
4-27     resident, or provided by the resident's guardian;
 5-1                 (6)  to privacy, including privacy during visits and
 5-2     telephone calls;
 5-3                 (7) [(6)]  to complain about the institution and to
 5-4     organize or participate in any program that presents residents'
 5-5     concerns to the  administrator of the institution;
 5-6                 (8) [(7)]  to have information about the resident in
 5-7     the possession of the institution maintained as confidential;
 5-8                 (9) [(8)]  to retain the services of a physician the
 5-9     resident chooses, at the resident's own expense or through a health
5-10     care plan, and to have a physician explain to the resident, in
5-11     language that the resident understands, the resident's complete
5-12     medical condition, the recommended treatment, and the expected
5-13     results of the treatment;
5-14                 (10) [(9)]  to participate in developing a plan of
5-15     care, to refuse treatment, and to refuse to participate in
5-16     experimental research;
5-17                 (11) [(10)]  to a written statement or admission
5-18     agreement describing the services provided by the institution and
5-19     the related charges;
5-20                 (12) [(11)]  to manage the resident's own finances or
5-21     to delegate that responsibility to another person;
5-22                 (13) [(12)]  to access money and property that the
5-23     resident has deposited with the institution and to an accounting of
5-24     the resident's money  and property that are deposited with the
5-25     institution and of all financial transactions made with or on
5-26     behalf of the resident;
5-27                 (14) [(13)]  to keep and use personal property, secure
 6-1     from theft or loss;
 6-2                 (15) [(14)]  to not be relocated within the
 6-3     institution, except in accordance with standards adopted by the
 6-4     department under Section 242.403;
 6-5                 (16) [(15)]  to receive visitors;
 6-6                 (17) [(16)]  to receive unopened mail and to receive
 6-7     assistance in reading or writing correspondence;
 6-8                 (18) [(17)]  to participate in activities inside and
 6-9     outside the institution;
6-10                 (19) [(18)]  to wear the resident's own clothes;
6-11                 (20) [(19)]  to discharge himself or herself from the
6-12     institution unless the resident is an adjudicated mental
6-13     incompetent;
6-14                 (21) [(20)]  to not be discharged from the institution
6-15     except as provided in the standards adopted by the department under
6-16     Section 242.403; and
6-17                 (22) [(21)]  to be free from any physical or chemical
6-18     restraints imposed for the purposes of discipline or convenience,
6-19     and not required to treat the resident's medical symptoms.
6-20           SECTION 3.  Chapter 321, Health and Safety Code, is amended
6-21     by adding Section 321.005 to read as follows:
6-22           Sec. 321.005.  RIGHT TO ELECTRONIC MONITORING. (a)  In this
6-23     section:
6-24                 (1)  "Electronic monitoring device":
6-25                       (A)  includes:
6-26                             (i)  video surveillance cameras installed
6-27     in the room of a person receiving rehabilitation services or
 7-1     treatment; and
 7-2                             (ii)  audio devices installed in the room
 7-3     of a person receiving rehabilitation services or treatment designed
 7-4     to acquire communications or other sounds occurring in the room;
 7-5     and
 7-6                       (B)  does not include an electronic, mechanical,
 7-7     or other device as defined by Section 1, Article 18.20, Code of
 7-8     Criminal Procedure.
 7-9                 (2)  "Facility" means a treatment facility or a
7-10     facility providing comprehensive medical rehabilitation services.
7-11           (b)  A facility shall permit a person receiving
7-12     rehabilitation services or treatment, the person's next of kin at
7-13     the request of the person, or the person's guardian to monitor the
7-14     room of the person through the use of electronic monitoring
7-15     devices.
7-16           (c)  The facility shall require a person receiving
7-17     rehabilitation services or treatment who conducts electronic
7-18     monitoring or the person's guardian to post a notice on the door of
7-19     the person's room.  The notice must state that the room is being
7-20     monitored by an electronic monitoring device.
7-21           (d)  Electronic monitoring conducted under this section:
7-22                 (1)  is not compulsory and may be conducted only at the
7-23     request of the person receiving rehabilitation services or
7-24     treatment or the person's guardian;
7-25                 (2)  must be paid for by the person or the person's
7-26     guardian; and
7-27                 (3)  must protect the privacy rights of other persons
 8-1     receiving rehabilitation services or treatment at the facility and
 8-2     visitors to the facility to the extent reasonably possible.
 8-3           (e)  A facility may not refuse to admit a person to the
 8-4     facility to receive rehabilitation services or treatment and may
 8-5     not remove a person receiving rehabilitation services or treatment
 8-6     from the  facility because of a request to conduct electronic
 8-7     monitoring.
 8-8           (f)  A facility shall make reasonable physical accommodation
 8-9     for electronic monitoring, including:
8-10                 (1)  providing a reasonably secure place to mount the
8-11     video surveillance camera or other electronic monitoring device;
8-12     and
8-13                 (2)  providing access to power sources for the video
8-14     surveillance camera or other electronic monitoring device.
8-15           (g)  A facility shall inform a person receiving
8-16     rehabilitation services or treatment or the person's guardian of
8-17     the person's right to conduct electronic monitoring.
8-18           (h)  If electronic monitoring is conducted, the facility may
8-19     require the person receiving rehabilitation services or treatment,
8-20     the person's next of kin, or the person's guardian to conduct the
8-21     electronic monitoring in plain view.
8-22           (i)  A facility may require that a request to conduct
8-23     electronic monitoring be made in writing.
8-24           (j)  Subject to applicable rules of evidence and procedure, a
8-25     tape or recording created through the use of electronic monitoring
8-26     conducted under this section may be admitted into evidence in a
8-27     civil or criminal court action or administrative proceeding.
 9-1           (k)  A communication or other sound acquired by an audio
 9-2     electronic monitoring device installed under this section is not
 9-3     considered to be:
 9-4                 (1)  an oral communication as defined by Section 1,
 9-5     Article 18.20, Code of Criminal Procedure; or
 9-6                 (2)  a communication as defined by Section 123.001,
 9-7     Civil Practice and Remedies Code.
 9-8           (l)  A chief administrator of a facility who knowingly
 9-9     refuses to permit a person receiving rehabilitation services or
9-10     treatment, the  person's next of kin at the request of the person,
9-11     or the person's guardian to monitor the room of the person in
9-12     accordance with this section through the use of electronic
9-13     monitoring devices commits an offense. An offense under this
9-14     subsection is a Class A misdemeanor.
9-15           (m)  A chief administrator of a facility who knowingly
9-16     refuses to admit a person to the facility to receive rehabilitation
9-17     services or treatment in the facility, or who knowingly allows the
9-18     removal of a person receiving rehabilitation services or treatment
9-19     from the facility, because of a request to conduct electronic
9-20     monitoring under this section commits an offense.  An offense under
9-21     this subsection is a Class A misdemeanor.
9-22           (n)  A person who intentionally hampers, obstructs, tampers
9-23     with, or destroys an electronic monitoring device installed in
9-24     accordance with this section in the room of a person receiving
9-25     rehabilitation services or treatment, or a tape or recording made
9-26     by the device, commits an offense.  An offense under this
9-27     subsection is a Class B misdemeanor.  It is a defense to
 10-1    prosecution under this subsection that the person took the action
 10-2    with the effective consent of:
 10-3                (1)  the person receiving rehabilitation services or
 10-4    treatment on whose behalf the electronic monitoring device was
 10-5    installed;
 10-6                (2)  that person's guardian; or
 10-7                (3)  that person's next of kin if the next of kin was
 10-8    conducting the monitoring at the request of the person receiving
 10-9    rehabilitation services or treatment.
10-10          SECTION 4.  This Act takes effect immediately if it receives
10-11    a vote of two-thirds of all the members elected to each house, as
10-12    provided by Section 39, Article III, Texas Constitution.  If this
10-13    Act does not receive the vote necessary for immediate effect, this
10-14    Act takes effect September 1, 2001.