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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic monitoring of residents at state |
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supported living centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 555.154, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 555.154. REQUIRED FORM ON ADMISSION. The executive |
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commissioner by rule shall prescribe a form that must be completed |
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and signed on a resident's admission to a center by or on behalf of |
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the resident. The form must state: |
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(1) that a person who places an electronic monitoring |
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device in a resident's room or who uses or discloses a tape or other |
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recording made by the device may be civilly liable for any unlawful |
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violation of the privacy rights of another; |
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(2) that a person who covertly places an electronic |
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monitoring device in a resident's room or who consents to or |
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acquiesces in the covert placement of the device in a resident's |
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room has waived any privacy right the person may have had in |
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connection with images or sounds that may be acquired by the device; |
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(3) that a resident or the resident's guardian or legal |
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representative is entitled to conduct authorized electronic |
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monitoring under this subchapter, subject to a resident's right to |
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object to electronic monitoring under Section 555.157(c-1), and |
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that if the center refuses to permit the electronic monitoring or |
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fails to make reasonable physical accommodations for the authorized |
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electronic monitoring the person should contact the department; |
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(4) the basic procedures that must be followed to |
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request authorized electronic monitoring; |
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(5) the manner in which this subchapter affects the |
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legal requirement to report abuse, neglect, or exploitation when |
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electronic monitoring is being conducted; and |
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(6) any other information regarding covert or |
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authorized electronic monitoring that the executive commissioner |
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considers advisable to include on the form. |
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SECTION 2. Section 555.157, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c-1) to |
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read as follows: |
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(a) A center shall permit a resident or the resident's |
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guardian or legal representative to monitor the resident's room |
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through the use of electronic monitoring devices, subject to a |
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resident's right to object to electronic monitoring under |
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Subsection (c-1). |
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(c-1) Before a center allows the installation of electronic |
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monitoring equipment in a resident's room, a center must ask each |
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resident of the room, including a resident who lacks the capacity to |
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consent to the equipment under Section 555.156(c), if the resident |
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objects to the installation of the equipment. If a resident objects |
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to the installation of the equipment, the center may not permit the |
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installation of the equipment in the room. |
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SECTION 3. The change in law made by this Act applies only |
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to a request for electronic monitoring made on or after the |
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effective date of this Act. A request for electronic monitoring |
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made before the effective date of this Act is governed by the law in |
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effect on the date the request was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |