By:  West, Lucio                                                  S.B. No. 1012
	(In the Senate - Filed March 7, 2003; March 13, 2003, read 
first time and referred to Committee on Health and Human Services; 
April 22, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; April 22, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1012                                   By:  West

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.
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