Texas 2013 - 83rd Regular

Texas Senate Bill SB33

Filed
11/12/12  
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the electronic monitoring of residents at state supported living centers; providing criminal penalties.

Impact

The proposed legislation modifies existing laws concerning privacy and surveillance within these living centers. By amending Section 555.025 of the Health and Safety Code, the bill ensures that while monitoring is permissible, it must be conducted with proper notice and consent, thus striking a balance between resident safety and privacy rights. Furthermore, the bill includes criminal penalties for tampering with monitoring devices, thereby reinforcing the seriousness of safeguarding resident information.

Summary

SB33 introduces provisions for authorized electronic monitoring of residents in state supported living centers in Texas. The bill allows residents or their legal representatives to request the installation of monitoring devices in their rooms while ensuring that consent is obtained from all individuals in shared accommodations. The purpose of this legislation is to enhance the safety of residents by promoting transparent oversight through video and audio recordings, which can serve as critical evidence in cases of abuse or neglect.

Conclusion

SB33 represents a significant shift in how resident oversight is approached within state supported living centers. By formalizing the use of electronic monitoring, Texas aims to protect its most vulnerable populations from abuse while fostering a greater sense of security for residents and their families. However, as the legislation moves forward, the implementation of its provisions will require close examination to ensure that the intended benefits do not come at the cost of residents' rights to privacy.

Contention

However, discussions surrounding SB33 have raised several points of contention, particularly regarding the extent of consent required for monitoring in shared rooms and the implications for resident privacy. Critics argue that while the goal is to prevent abuse, the potential for misuse of recorded material and the psychological impact on residents need careful consideration. Additionally, the enforcement of penalties for interference with monitoring devices has been questioned, particularly how feasible it is to implement these safeguards effectively without infringing on civil liberties.

Companion Bills

TX HB1740

Identical Relating to the electronic monitoring of residents at state supported living centers; providing criminal penalties.

Similar Bills

TX HB1740

Relating to the electronic monitoring of residents at state supported living centers; providing criminal penalties.

TX SB1890

Relating to the electronic monitoring of residents at state supported living centers.

WV HB3283

Authorizing Monitoring Devices in Long-term Care Facilities

OH SB154

Regards long-term care facility resident's room monitoring

OK HB1832

Intermediate care facilities; electronic monitoring; long-term care facilities; term; intermediate care facilities; effective date.

ND SB2070

The rights of health care facility residents.

VA SB661

Nursing facilities; electronic monitoring in resident rooms.

VA SB821

Nursing facilities; use of electronic monitoring devices in resident rooms.