SRC-TJG C.S.S.B. 1012 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1012
78R11267 YDB-DBy: West, Royce
Health & Human Services
4/16/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, electronic monitoring devices are allowed to be placed in
residents' rooms in nursing homes.  C.S.S.B. 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. 

SECTION BY SECTION 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.