S.B. 1012 78(R)    BILL ANALYSIS


S.B. 1012
By: West
Human Services
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, electronic monitoring devices are allowed to be placed in
residents' rooms in nursing homes. Senate Bill 1012 applies Subchapter R,
Chapter 242, Health and Safety Code (Electronic Monitoring of Resident's
Room) to assisted living facilities, along with nursing homes. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Human
Services in SECTION 2 of this bill. 

ANALYSIS

SECTION 1. Amends Section 247.003, Health and Safety Code, by amending
Subsection (a) and adding Subsection (c), as follows: (a) Makes a
conforming and nonsubstantive change. (c) Provides that, except as
provided by this subsection, Subchapter R, Chapter 242 (Electronic
Monitoring of Resident's Room), applies to an assisted living facility,
and requires the Texas Department of Human Services (TDHS) to administer
that subchapter for an assisted living facility in the same manner it is
administered and enforced for a nursing home, but to enforce that
subchapter in accordance with the sanctions authorized by this chapter.
Provides that Sections 242.851 (Enforcement) and 242.852 (Criminal
Offense) do not apply to an assisted living facility or to conduct within
an assisted living facility.  

SECTION 2. Requires the Texas Board of Human Services to adopt rules under
Section 247.003(c), Health and Safety Code, as added by this Act, no later
than January 1, 2004.  

SECTION 3. Effective date: upon passage or September 1, 2003.

EFFECTIVE DATE

September 1, 2003.