SECTION 965.2. Electronic Monitoring

(a) A facility must permit an individual or an individual's legally authorized representative (LAR) to conduct electronic monitoring if the individual or LAR complies with the requirements for conducting electronic monitoring in this chapter. A facility must not discharge an individual because the individual or the individual's LAR conducts electronic monitoring in accordance with this chapter.

(b) A facility must not refuse to admit an individual and must not discharge an individual from the facility because the individual or individual's LAR:

(1) requests authorization to conduct electronic monitoring;

(2) refuses to give consent or gives consent to conduct electronic monitoring requested by another individual or the other individual's LAR; or

(3) withdraws consent for another individual or the individual's LAR to conduct electronic monitoring.

(c) A facility must not discharge an individual because covert electronic monitoring is conducted by or on behalf of an individual.

Source Note: The provisions of this §965.2 adopted to be effective December 21, 2022, 47 TexReg 8275