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.

Previously Filed As

TX HB2984

Relating to creating the criminal offense of tampering with an electronic monitoring device.

TX SB1427

Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.

TX HB1811

Relating to creating the criminal offense of tampering with an electronic monitoring device.

TX SB1435

Relating to creating the criminal offense of tampering with an electronic monitoring device.

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX SB944

Relating to the commitment order for individuals with intellectual disabilities who are committed to state supported living centers.

TX SB1004

Relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.

TX HB1936

Relating to electronic device filters for certain explicit material; creating a criminal offense; providing a civil penalty.

TX HB3549

Relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

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

AR SB616

To Create The Arkansas Long-term Care Facility Resident Monitoring And Communications Act; And To Establish Resident Rights For Electronic Monitoring And Communication In Long-term Care Facilities.

OH SB154

Regards long-term care facility resident's room monitoring

AR SB587

To Create The Parents' Peace Of Mind Act; To Establish Authorization For And Use Of A Monitoring Device In A Long-term Care Facility; To Provide For Waivers; And To Provide For Enforcement And Penalties.

TX HB985

Relating to the abuse, neglect, and exploitation of residents of certain facilities; creating an offense; providing penalties.

CT HB05020

An Act Implementing The Governor's Budget Recommendations Regarding Public Health.