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.