84R11747 LEH-D
	By: Zaffirini	S.B. No. 1890

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