84R1027 EES-D By: Crownover H.B. No. 967 A BILL TO BE ENTITLED AN ACT relating to a pilot project to evaluate the use of radio frequency identification technology to transmit information regarding residents of certain group homes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 161, Human Resources Code, is amended by adding Section 161.088 to read as follows: Sec. 161.088. RADIO FREQUENCY IDENTIFICATION TECHNOLOGY PILOT PROJECT. (a) In this section, "radio frequency identification technology" means a wireless identification system that uses an electromagnetic radio frequency signal to transmit data without physical contact between a card, badge, or tag and another device. (b) The department shall develop and implement a one-year pilot project in which a resident of a group home, other than a foster home, at which a Home and Community-based Services (HCS) provider provides services may use an identification device that uses radio frequency identification technology or similar technology to identify the resident, transmit information regarding the resident, or track the location of the resident. (c) Before a resident may use an identification device described in Subsection (b), the department must obtain the written consent of the resident or the resident's guardian, as appropriate. (d) The department may not require a resident to pay for an identification device described in Subsection (b) as a condition of participating in the pilot project. (e) Not later than December 1, 2017, the department shall submit a report to the legislature evaluating the pilot project. (f) This section expires September 1, 2019. SECTION 2. Not later than January 1, 2016, the Department of Aging and Disability Services shall ensure that the pilot project required by Section 161.088, Human Resources Code, as added by this Act, is in operation. SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 4. This Act takes effect September 1, 2015.