By:  West, Lucio, Nelson                                          S.B. No. 1012


A BILL TO BE ENTITLED

AN ACT

relating to the placement of electronic monitoring devices in the 
rooms of certain residents in assisted living facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 247.003, Health and Safety Code, is 
amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  Except as provided by Subsections [Subsection] (b) and 
(c), Chapter 242 does not apply to an assisted living facility 
licensed under this chapter.
	(c)  Except as provided by this subsection, Subchapter R, 
Chapter 242, applies to an assisted living facility, and the 
department shall administer that subchapter for an assisted living 
facility in the same manner it is administered and enforced for a 
nursing home, but shall enforce that subchapter in accordance with 
the sanctions authorized by this chapter.  Sections 242.851 and 
242.852 do not apply to an assisted living facility or to conduct 
within an assisted living facility.
	SECTION 2.  The Texas Board of Human Services shall adopt 
rules necessary to administer Subsection (c), Section 247.003, 
Health and Safety Code, as added by this Act, not later than January 
1, 2004.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.