SECTION 965.7. Conducting Electronic Monitoring

(a) Once a director receives a completed Texas Health and Human Services Commission (HHSC) form requesting electronic monitoring, the director authorizes electronic monitoring to be conducted in accordance with this chapter.

(b) A person conducting electronic monitoring must post and maintain a conspicuous notice at the entrance to the bedroom in which the monitoring is being conducted. The notice must state that the bedroom is being monitored by an electronic monitoring device (EMD).

(c) A person conducting electronic monitoring must ensure that:

(1) the electronic monitoring is conducted in plain view;

(2) an EMD is installed and maintained in a manner that is safe for individuals, employees, and visitors, and that meets the requirements of applicable safety codes and laws;

(3) electronic monitoring complies with any condition placed on it by a person giving consent in accordance with §965.5 of this chapter (relating to Annual Consent by a Roommate);

(4) a video tape or recording made by the EMD shows the time and date that the recorded events occurred;

(5) a tape or recording made by the EMD is not edited or artificially enhanced; and

(6) if the contents of a recording are transferred from the original format to another technological format, a qualified professional performs the transfer and the content of the tape or recording is not altered.

(d) A person conducting electronic monitoring must pay for all costs associated with conducting the monitoring, including the cost to install, maintain, repair, and remove the EMD, and to post and remove the notice required by subsection (b) of this section, other than the cost of electricity.

Source Note: The provisions of this §965.7 adopted to be effective December 21, 2022, 47 TexReg 8275