By Madla S.B. No. 177
77R647 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to electronic monitoring devices in the rooms of residents
1-3 of convalescent or nursing homes or related institutions; providing
1-4 criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter L, Chapter 242, Health and Safety Code,
1-7 is amended by adding Section 242.505 to read as follows:
1-8 Sec. 242.505. RIGHT TO ELECTRONIC MONITORING. (a) In this
1-9 section, "electronic monitoring device":
1-10 (1) includes:
1-11 (A) video surveillance cameras installed in the
1-12 room of a resident; and
1-13 (B) audio devices installed in the room of a
1-14 resident designed to acquire communications or other sounds
1-15 occurring in the room; and
1-16 (2) does not include an electronic, mechanical, or
1-17 other device as defined by Section 1, Article 18.20, Code of
1-18 Criminal Procedure.
1-19 (b) An institution shall permit a resident, the resident's
1-20 next of kin at the request of the resident, or the resident's
1-21 guardian to monitor the room of the resident through the use of
1-22 electronic monitoring devices.
1-23 (c) The institution shall require a resident who conducts
1-24 electronic monitoring or the resident's guardian to post a notice
2-1 on the door of the resident's room. The notice must state that the
2-2 room is being monitored by an electronic monitoring device.
2-3 (d) Electronic monitoring conducted under this section:
2-4 (1) is not compulsory and may be conducted only at the
2-5 request of the resident or the resident's guardian;
2-6 (2) must be paid for by the resident or the resident's
2-7 guardian; and
2-8 (3) must protect the privacy rights of other residents
2-9 and visitors to the institution to the extent reasonably possible.
2-10 (e) An institution may not refuse to admit an individual to
2-11 residency in the institution and may not remove a resident from the
2-12 institution because of a request to conduct electronic monitoring.
2-13 (f) An institution shall make reasonable physical
2-14 accommodation for electronic monitoring, including:
2-15 (1) providing a reasonably secure place to mount the
2-16 video surveillance camera or other electronic monitoring device;
2-17 and
2-18 (2) providing access to power sources for the video
2-19 surveillance camera or other electronic monitoring device.
2-20 (g) An institution shall inform a resident or the resident's
2-21 guardian of the resident's right to conduct electronic monitoring.
2-22 (h) If electronic monitoring is conducted, the institution
2-23 may require the resident, the resident's next of kin, or the
2-24 resident's guardian to conduct the electronic monitoring in plain
2-25 view.
2-26 (i) An institution may require that a request to conduct
2-27 electronic monitoring be made in writing.
3-1 (j) Subject to applicable rules of evidence and procedure, a
3-2 tape or recording created through the use of electronic monitoring
3-3 conducted under this section may be admitted into evidence in a
3-4 civil or criminal court action or administrative proceeding.
3-5 (k) A communication or other sound acquired by an audio
3-6 electronic monitoring device installed under this section is not
3-7 considered to be:
3-8 (1) an oral communication as defined by Section 1,
3-9 Article 18.20, Code of Criminal Procedure; or
3-10 (2) a communication as defined by Section 123.001,
3-11 Civil Practice and Remedies Code.
3-12 (l) An administrator of an institution who knowingly refuses
3-13 to permit a resident, the resident's next of kin at the request of
3-14 the resident, or the resident's guardian to monitor the room of the
3-15 resident in accordance with this section through the use of
3-16 electronic monitoring devices commits an offense. An offense under
3-17 this subsection is a Class A misdemeanor.
3-18 (m) An administrator of an institution who knowingly refuses
3-19 to admit an individual to residency in the institution, or who
3-20 knowingly allows the removal of a resident from the institution,
3-21 because of a request to conduct electronic monitoring under this
3-22 section commits an offense. An offense under this subsection is a
3-23 Class A misdemeanor.
3-24 (n) A person who intentionally hampers, obstructs, tampers
3-25 with, or destroys an electronic monitoring device installed in a
3-26 resident's room in accordance with this section or a tape or
3-27 recording made by the device commits an offense. An offense under
4-1 this subsection is a Class B misdemeanor. It is a defense to
4-2 prosecution under this subsection that the person took the action
4-3 with the effective consent of the resident on whose behalf the
4-4 electronic monitoring device was installed, the resident's
4-5 guardian, or the resident's next of kin if the next of kin was
4-6 conducting the monitoring at the request of the resident.
4-7 SECTION 2. Section 242.501(a), Health and Safety Code, is
4-8 amended to read as follows:
4-9 (a) The department by rule shall adopt a statement of the
4-10 rights of a resident. The statement must be consistent with
4-11 Chapter 102, Human Resources Code, but shall reflect the unique
4-12 circumstances of a resident at an institution. At a minimum, the
4-13 statement of the rights of a resident must address the resident's
4-14 constitutional, civil, and legal rights and the resident's right:
4-15 (1) to be free from abuse and exploitation;
4-16 (2) to safe, decent, and clean conditions;
4-17 (3) to be treated with courtesy, consideration, and
4-18 respect;
4-19 (4) to not be subjected to discrimination based on
4-20 age, race, religion, sex, nationality, or disability and to
4-21 practice the resident's own religious beliefs;
4-22 (5) to place in the resident's room an electronic
4-23 monitoring device that is owned and operated by the resident,
4-24 provided by the resident's next of kin at the request of the
4-25 resident, or provided by the resident's guardian;
4-26 (6) to privacy, including privacy during visits and
4-27 telephone calls;
5-1 (7) [(6)] to complain about the institution and to
5-2 organize or participate in any program that presents residents'
5-3 concerns to the administrator of the institution;
5-4 (8) [(7)] to have information about the resident in
5-5 the possession of the institution maintained as confidential;
5-6 (9) [(8)] to retain the services of a physician the
5-7 resident chooses, at the resident's own expense or through a health
5-8 care plan, and to have a physician explain to the resident, in
5-9 language that the resident understands, the resident's complete
5-10 medical condition, the recommended treatment, and the expected
5-11 results of the treatment;
5-12 (10) [(9)] to participate in developing a plan of
5-13 care, to refuse treatment, and to refuse to participate in
5-14 experimental research;
5-15 (11) [(10)] to a written statement or admission
5-16 agreement describing the services provided by the institution and
5-17 the related charges;
5-18 (12) [(11)] to manage the resident's own finances or
5-19 to delegate that responsibility to another person;
5-20 (13) [(12)] to access money and property that the
5-21 resident has deposited with the institution and to an accounting of
5-22 the resident's money and property that are deposited with the
5-23 institution and of all financial transactions made with or on
5-24 behalf of the resident;
5-25 (14) [(13)] to keep and use personal property, secure
5-26 from theft or loss;
5-27 (15) [(14)] to not be relocated within the
6-1 institution, except in accordance with standards adopted by the
6-2 department under Section 242.403;
6-3 (16) [(15)] to receive visitors;
6-4 (17) [(16)] to receive unopened mail and to receive
6-5 assistance in reading or writing correspondence;
6-6 (18) [(17)] to participate in activities inside and
6-7 outside the institution;
6-8 (19) [(18)] to wear the resident's own clothes;
6-9 (20) [(19)] to discharge himself or herself from the
6-10 institution unless the resident is an adjudicated mental
6-11 incompetent;
6-12 (21) [(20)] to not be discharged from the institution
6-13 except as provided in the standards adopted by the department under
6-14 Section 242.403; and
6-15 (22) [(21)] to be free from any physical or chemical
6-16 restraints imposed for the purposes of discipline or convenience,
6-17 and not required to treat the resident's medical symptoms.
6-18 SECTION 3. This Act takes effect immediately if it receives
6-19 a vote of two-thirds of all the members elected to each house, as
6-20 provided by Section 39, Article III, Texas Constitution. If this
6-21 Act does not receive the vote necessary for immediate effect, this
6-22 Act takes effect September 1, 2001.