Texas § HS.555.157 - AUTHORIZED ELECTRONIC MONITORING

§ HS.555.157. AUTHORIZED ELECTRONIC MONITORING

AUTHORIZED ELECTRONIC MONITORING: GENERAL PROVISIONS. (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. (b) The center shall require a resident who conducts authorized electronic monitoring or the resident's guardian or legal representative to post and maintain a conspicuous notice at the entrance to the resident's room. The notice must state that the room is being monitored by an electronic monitoring device. (c) Authorized electronic monitoring conducted under this subchapter is not compulsory and may be conducted only at the request of the resident or the resident's guardian or legal representative. (d) A center may not refuse to admit an individual to residency in the center and may not remove a resident from the center because of a request to conduct authorized electronic monitoring. A center may not remove a resident from the center because covert electronic monitoring is being conducted by or on behalf of a resident. (e) A center shall make reasonable physical accommodation for authorized electronic monitoring, including: (1) providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and (2) providing access to power sources for the video surveillance camera or other electronic monitoring device. (f) The resident or the resident's guardian or legal representative must pay for all costs associated with conducting electronic monitoring, other than the costs of electricity. The resident or the resident's guardian or legal representative is responsible for: (1) all costs associated with installation of equipment; and (2) maintaining the equipment. (g) A center may require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room. The executive commissioner by rule may adopt guidelines regarding the safe placement of an electronic monitoring device. (h) If authorized electronic monitoring is conducted, the center may require the resident or the resident's guardian or legal representative to conduct the electronic monitoring in plain view. (i) A center may but is not required to place a resident in a different room to accommodate a request to conduct authorized electronic monitoring. Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33 ), Sec. 2, eff. May 25, 2013.