Texas 2015 - 84th Regular

Texas House Bill HB2649 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12098 JSC-D
2	2	By: Moody H.B. No. 2649
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring video recording in certain home and
8	8	community-based services provider facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter H, Chapter 48, Human Resources Code,
11	11	is amended by adding Section 48.3525 to read as follows:
12	12	Sec. 48.3525. RECORDING EQUIPMENT TO AID IN INVESTIGATIONS.
13	13	(a) A facility providing home and community-based services to eight
14	14	or more individuals shall place video cameras in the facility that
15	15	are capable of covering all areas of the facility in which staff and
16	16	individuals receiving services interact, other than a bathroom or
17	17	any area in which an individual's clothes are changed.
18	18	(b) The home and community-based services provider shall
19	19	provide notice to the persons receiving services and other persons
20	20	entering the facility that video monitoring is occurring.
21	21	(c) A home and community-based services provider shall
22	22	maintain a recording for not less than a year after the recording
23	23	was made.
24	24	(d) A video recording made under this section is
25	25	confidential and may not be used for any purpose other than
26	26	enforcement by the department.
27	27	(e) The department is entitled at any time to view any video
28	28	recording made by a home and community-based services provider
29	29	under this section.
30	30	(f) If the department receives a complaint of abuse,
31	31	neglect, or exploitation, the department shall review the relevant
32	32	video recording.
33	33	(g) If the home and community-based services provider does
34	34	not produce a video recording on request of the department when the
35	35	department is performing an investigation of an allegation of
36	36	abuse, neglect, or exploitation, the department shall treat the
37	37	situation as a hazard to the health or safety of the individuals
38	38	receiving services from the provider and proceed with a thorough
39	39	review of the facility and require any necessary corrective
40	40	measures.
41	41	(h) If the home and community-based services provider does
42	42	not produce a video recording on request of the department when the
43	43	department is performing an investigation of an allegation of
44	44	abuse, neglect, or exploitation, and the provider has failed to
45	45	provide a video recording in response to a request made in
46	46	connection to a department investigation less than a year before
47	47	the instant request, the department shall deny or terminate the
48	48	certification of the provider.
49	49	SECTION 2. Not later than January 1, 2016, a home and
50	50	community-based services provider that is subject to Section
51	51	48.3525, Human Resources Code, as added by this Act, shall install
52	52	and begin to use a video recording system as required by that
53	53	section.
54	54	SECTION 3. The change in law made by this Act applies only
55	55	to a report of abuse, neglect, or exploitation that is received
56	56	based on conduct that was alleged to have occurred on or after
57	57	January 1, 2016.
58	58	SECTION 4. This Act takes effect September 1, 2015.