reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter B. Powers and Duties › Section 555.023. Reports of Illegal Drug Use; Policy

Sec. 555.023.  REPORTS OF ILLEGAL DRUG USE; POLICY.  The executive commissioner shall adopt a policy requiring a center employee who knows or reasonably suspects that another center employee is illegally using or under the influence of a controlled substance, as defined by Section 481.002, to report that knowledge or reasonable suspicion to the director of the state supported living center or the superintendent of the Rio Grande State Center, as appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter B. Powers and Duties › Section 555.025. Video Surveillance

Sec. 555.025.  VIDEO SURVEILLANCE.  (a)  In this section, "private space" means a place in a center in which a resident or client has a reasonable expectation of privacy, including:
(1)  a bedroom;
(2)  a bathroom;
(3)  a place in which a resident or client receives medical or nursing services;
(4)  a place in which a resident or client meets privately with visitors; or
(5)  a place in which a resident or client privately makes phone calls.
(b)  The department shall install and operate video surveillance equipment in a center for the purpose of detecting and preventing the exploitation or abuse of residents and clients.
(c)  Except as provided by Subchapter E, the department may not install or operate video surveillance equipment in a private space or in a location in which video surveillance equipment can capture images within a private space.
(d)  The department shall ensure that the use of video surveillance equipment under this section complies with federal requirements for ICF-IID certification.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 1, eff. May 25, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1349, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter B. Powers and Duties › Section 555.026. Drinking Water Quality: Texas Commission on Environmental Quality Guidance on Lead and Copper Testing

Sec. 555.026.  DRINKING WATER QUALITY:  TEXAS COMMISSION ON ENVIRONMENTAL QUALITY GUIDANCE ON LEAD AND COPPER TESTING.  To ensure the quality of water provided by public drinking water supply systems to state supported living centers, the department or its successor agency, with guidance from the Texas Commission on Environmental Quality, shall:
(1)  develop:
(A)  a testing plan and monitoring strategy;
(B)  outreach and educational materials for distribution to residents and department staff;
(C)  requirements for using an accredited laboratory and sample chain of custody procedures; and
(D)  guidance for compliance with the federal lead and copper rules (40 C.F.R. Part 141, Subpart I);
(2)  review:
(A)  public notification procedures to staff, residents, and visitors regarding water quality;
(B)  sampling protocols and procedures;
(C)  locations of taps used for monitoring;
(D)  analytical data on lead or copper levels exceeding the applicable action level;
(E)  remediation activities; and
(F)  customer service inspection reports;
(3)  compile a list of qualified customer service inspectors; and
(4)  perform:
(A)  on-site training and evaluation of sampling; and
(B)  on-site evaluation of customer service inspections through licensed customer service inspectors.
Added by Acts 2017, 85th Leg., R.S., Ch. 559 (S.B. 546), Sec. 1, eff. June 9, 2017.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter B. Powers and Duties › Section 555.027. Anatomical Gift

Sec. 555.027.  ANATOMICAL GIFT.  (a)  The executive commissioner by rule shall prescribe a form that a resident's guardian may sign on behalf of a resident if the resident's guardian elects to make an anatomical gift on behalf of the resident in accordance with Chapter 692A.
(b)  Subsection (a) does not preclude a guardian from executing a document in accordance with Chapter 692A that supersedes the form executed under that subsection.
Added by Acts 2019, 86th Leg., R.S., Ch. 843 (H.B. 2734), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.051. Establishment; Purpose

Sec. 555.051.  ESTABLISHMENT; PURPOSE.  The office of independent ombudsman is established for the purpose of investigating, evaluating, and securing the rights of residents and clients of state supported living centers and the ICF-IID component of the Rio Grande State Center.  The office is administratively attached to the department.  The department shall provide administrative support and resources to the office as necessary for the office to perform its duties.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1350, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.052. Independence

Sec. 555.052.  INDEPENDENCE.  The independent ombudsman in the performance of the ombudsman's duties and powers under this subchapter acts independently of the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.053. Appointment of Independent Ombudsman

Sec. 555.053.  APPOINTMENT OF INDEPENDENT OMBUDSMAN.  (a)  The governor shall appoint the independent ombudsman for a term of two years expiring February 1 of odd-numbered years.
(b)  The governor may appoint as independent ombudsman only an individual with at least five years of experience managing and ensuring the quality of care and services provided to individuals with an intellectual disability.
(c)  A person appointed as independent ombudsman may be reappointed.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 573 (S.B. 747), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1351, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.054. Assistant Ombudsmen

Sec. 555.054.  ASSISTANT OMBUDSMEN.  (a)  The independent ombudsman shall:
(1)  hire assistant ombudsmen to perform, under the direction of the independent ombudsman, the same duties and exercise the same powers as the independent ombudsman; and
(2)  station an assistant ombudsman at each center.
(b)  The independent ombudsman may hire as assistant ombudsmen only individuals with at least five years of experience ensuring the quality of care and services provided to individuals with an intellectual disability.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1352, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.055. Conflict of Interest

Sec. 555.055.  CONFLICT OF INTEREST.  A person may not serve as independent ombudsman or as an assistant ombudsman if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the department;
(2)  owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department; or
(3)  is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities or compensation on behalf of a profession related to the operation of the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.056. Report

Sec. 555.056.  REPORT.  (a)  The independent ombudsman shall submit on a biannual basis to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the standing committees of the senate and the house of representatives with primary jurisdiction over state supported living centers a report that is both aggregated and disaggregated by individual center and describes:
(1)  the work of the independent ombudsman;
(2)  the results of any review or investigation undertaken by the independent ombudsman, including a review or investigation of services contracted by the department;
(3)  any recommendations that the independent ombudsman has in relation to the duties of the independent ombudsman; and
(4)  any recommendations that the independent ombudsman has for systemic improvements needed to decrease incidents of abuse, neglect, or exploitation at an individual center or at all centers.
(b)  The independent ombudsman shall ensure that information submitted in a report under Subsection (a) does not permit the identification of an individual.
(c)  The independent ombudsman shall immediately report to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the standing committees of the senate and the house of representatives having primary jurisdiction over the Department of Aging and Disability Services any particularly serious or flagrant:
(1)  case of abuse or injury of a resident or client about which the independent ombudsman is made aware;
(2)  problem concerning the administration of a center program or operation; or
(3)  interference by a center, the department, or the commission, other than actions by the commission's office of inspector general in accordance with the office's duties, with an investigation conducted by the independent ombudsman.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.057. Communication and Confidentiality

Sec. 555.057.  COMMUNICATION AND CONFIDENTIALITY.  (a)  The department shall allow any resident or client, authorized representative of a resident or client, family member of a resident or client, or other interested party to communicate with the independent ombudsman or an assistant ombudsman.  The communication:
(1)  may be in person, by mail, or by any other means; and
(2)  is confidential and privileged.
(b)  The records of the independent ombudsman are confidential, except that the independent ombudsman shall:
(1)  share with the Department of Family and Protective Services a communication that may involve the abuse, neglect, or exploitation of a resident or client;
(2)  share with the inspector general a communication that may involve an alleged criminal offense;
(3)  share with the regulatory services division of the department a communication that may involve a violation of an ICF-IID standard or condition of participation; and
(4)  disclose the ombudsman's nonprivileged records if required by a court order on a showing of good cause.
(c)  The independent ombudsman may make reports relating to an investigation by the independent ombudsman public after the investigation is complete but only if the name and any other personally identifiable information of a resident or client, legally authorized representative of a resident or client, family member of a resident or client, center, center employee, or other individual are redacted from the report and remain confidential.  The independent ombudsman may provide an unredacted report to the center involved in the investigation, the department, the Department of Family and Protective Services, and the inspector general.
(d)  The name, address, or other personally identifiable information of a person who files a complaint with the office of independent ombudsman, information generated by the office of independent ombudsman in the course of an investigation, and confidential records obtained by the office of independent ombudsman are confidential and not subject to disclosure under Chapter 552, Government Code, except as provided by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1353, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.058. Promotion of Awareness of Office

Sec. 555.058.  PROMOTION OF AWARENESS OF OFFICE.  The independent ombudsman shall promote awareness among the public, residents, clients, and center employees of:
(1)  how the office may be contacted;
(2)  the purpose of the office; and
(3)  the services the office provides.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.060. Retaliation Prohibited

Sec. 555.060.  RETALIATION PROHIBITED.  The department or a center may not retaliate against a department employee, center employee, or any other person who in good faith makes a complaint to the office of independent ombudsman or cooperates with the office in an investigation.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter C. Office of Independent Ombudsman for State Supported Living Centers › Section 555.061. Toll-Free Number

Sec. 555.061.  TOLL-FREE NUMBER.  (a)  The office shall establish a permanent, toll-free number for the purpose of receiving any information concerning the violation of a right of a resident or client.
(b)  The office shall ensure that:
(1)  the toll-free number is prominently displayed in the main administration area and other appropriate common areas of a center; and
(2)  a resident, a client, the legally authorized representative of a resident or client, and a center employee have confidential access to a telephone for the purpose of calling the toll-free number.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter D. Inspector General Duties › Section 555.101. Assisting Law Enforcement Agencies With Certain Investigations

Text of section effective until January 01, 2025
Sec. 555.101.  ASSISTING LAW ENFORCEMENT AGENCIES WITH CERTAIN INVESTIGATIONS.  The inspector general shall employ and commission peace officers for the purpose of assisting a state or local law enforcement agency in the investigation of an alleged criminal offense involving a resident or client of a center.  A peace officer employed and commissioned by the inspector general is a peace officer for purposes of Article 2.12, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.125, eff. January 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter D. Inspector General Duties › Section 555.101. Assisting Law Enforcement Agencies With Certain Investigations

Text of section effective on January 01, 2025
Sec. 555.101.  ASSISTING LAW ENFORCEMENT AGENCIES WITH CERTAIN INVESTIGATIONS.  The inspector general shall employ and commission peace officers for the purpose of assisting a state or local law enforcement agency in the investigation of an alleged criminal offense involving a resident or client of a center.  A peace officer employed and commissioned by the inspector general is a peace officer for purposes of Article 2A.001, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.125, eff. January 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter D. Inspector General Duties › Section 555.102. Summary Report

Sec. 555.102.  SUMMARY REPORT.  (a)  The inspector general shall prepare a summary report for each investigation conducted with the assistance of the inspector general under this subchapter.  The inspector general shall ensure that the report does not contain personally identifiable information of an individual mentioned in the report.
(b)  The summary report must include:
(1)  a summary of the activities performed during an investigation for which the inspector general provided assistance;
(2)  a statement regarding whether the investigation resulted in a finding that an alleged criminal offense was committed; and
(3)  a description of the alleged criminal offense that was committed.
(c)  The inspector general shall deliver the summary report to the:
(1)  executive commissioner;
(2)  governor;
(3)  lieutenant governor;
(4)  speaker of the house of representatives;
(5)  standing committees of the senate and house of representatives with primary jurisdiction over centers;
(6)  state auditor;
(7)  independent ombudsman and the assistant ombudsman for the center involved in the report; and
(8)  alleged victim or the alleged victim's legally authorized representative.
(d)  A summary report regarding an investigation is subject to required disclosure under Chapter 552, Government Code.  All information and materials compiled by the inspector general in connection with an investigation are confidential, and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the inspector general or the inspector general's employees or agents involved in the investigation, except that this information may be disclosed to the office of the attorney general, the state auditor's office, and law enforcement agencies.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.33, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter D. Inspector General Duties › Section 555.103. Annual Status Report

Sec. 555.103.  ANNUAL STATUS REPORT.  (a)  The inspector general shall prepare an annual status report of the inspector general's activities under this subchapter.  The annual report may not contain personally identifiable information of an individual mentioned in the report.
(b)  The annual status report must include information that is aggregated and disaggregated by individual center regarding:
(1)  the number and type of investigations conducted with the assistance of the inspector general;
(2)  the number and type of investigations involving a center employee;
(3)  the relationship of an alleged victim to an alleged perpetrator, if any;
(4)  the number of investigations conducted that involve the suicide, death, or hospitalization of an alleged victim; and
(5)  the number of completed investigations in which commission of an alleged offense was confirmed or unsubstantiated or in which the investigation was inconclusive, and a description of the reason that allegations were unsubstantiated or the investigation was inconclusive.
(c)  The inspector general shall submit the annual status report to the:
(1)  executive commissioner;
(2)  governor;
(3)  lieutenant governor;
(4)  speaker of the house of representatives;
(5)  standing committees of the senate and house of representatives with primary jurisdiction over centers;
(6)  state auditor; and
(7)  comptroller.
(d)  An annual status report submitted under this section is public information under Chapter 552, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.34, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter D. Inspector General Duties › Section 555.104. Retaliation Prohibited

Sec. 555.104.  RETALIATION PROHIBITED.  The department or a center may not retaliate against a department employee, a center employee, or any other person who in good faith cooperates with the inspector general under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.151. Definitions

Sec. 555.151.  DEFINITIONS.  In this subchapter:
(1)  "Authorized electronic monitoring" means the placement of an electronic monitoring device in a resident's room and making tapes or recordings with the device after making a request to the center to allow electronic monitoring.
(2)  "Electronic monitoring device":
(A)  includes:
(i)  video surveillance cameras installed in a resident's room; and
(ii)  audio devices installed in a resident's room designed to acquire communications or other sounds occurring in the room; and
(B)  does not include an interception device that is specifically used for the nonconsensual interception of wire or electronic communications.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.14, eff. January 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.152. Criminal and Civil Liability

Sec. 555.152.  CRIMINAL AND CIVIL LIABILITY.  (a)  It is a defense to prosecution under Section 16.02, Penal Code, or any other statute of this state under which it is an offense to intercept a communication or disclose or use an intercepted communication, that the communication was intercepted by an electronic monitoring device placed in a resident's room.
(b)  This subchapter does not affect whether a person may be held to be civilly liable under other law in connection with placing an electronic monitoring device in a resident's room or in connection with using or disclosing a tape or recording made by the device except:
(1)  as specifically provided by this subchapter; or
(2)  to the extent that liability is affected by:
(A)  a consent or waiver signed under this subchapter; or
(B)  the fact that authorized electronic monitoring is required to be conducted with notice to persons who enter a resident's room.
(c)  A communication or other sound acquired by an audio electronic monitoring device installed under the provisions of this subchapter concerning authorized electronic monitoring is not considered to be:
(1)  an oral communication as defined by Article 18A.001, Code of Criminal Procedure; or
(2)  a communication as defined by Section 123.001, Civil Practice and Remedies Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.15, eff. January 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.153. Covert Use of Electronic Monitoring Device; Liability of Department or Center

Sec. 555.153.  COVERT USE OF ELECTRONIC MONITORING DEVICE; LIABILITY OF DEPARTMENT OR CENTER.  (a)  For purposes of this subchapter, the placement and use of an electronic monitoring device in a resident's room are considered to be covert if:
(1)  the placement and use of the device are not open and obvious; and
(2)  the center and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.
(b)  The department and the center may not be held to be civilly liable in connection with the covert placement or use of an electronic monitoring device in a resident's room.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.154. Required Form on Admission

Sec. 555.154.  REQUIRED FORM ON ADMISSION.  The executive commissioner by rule shall prescribe a form that must be completed and signed on a resident's admission to a center by or on behalf of the resident.  The form must state:
(1)  that a person who places an electronic monitoring device in a resident's room or who uses or discloses a tape or other recording made by the device may be civilly liable for any unlawful violation of the privacy rights of another;
(2)  that a person who covertly places an electronic monitoring device in a resident's room or who consents to or acquiesces in the covert placement of the device in a resident's room has waived any privacy right the person may have had in connection with images or sounds that may be acquired by the device;
(3)  that a resident or the resident's guardian or legal representative is entitled to conduct authorized electronic monitoring under this subchapter, and that if the center refuses to permit the electronic monitoring or fails to make reasonable physical accommodations for the authorized electronic monitoring the person should contact the department;
(4)  the basic procedures that must be followed to request authorized electronic monitoring;
(5)  the manner in which this subchapter affects the legal requirement to report abuse, neglect, or exploitation when electronic monitoring is being conducted; and
(6)  any other information regarding covert or authorized electronic monitoring that the executive commissioner considers advisable to include on the form.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.155. Authorized Electronic Monitoring: Who May Request

Sec. 555.155.  AUTHORIZED ELECTRONIC MONITORING:  WHO MAY REQUEST.  (a)  If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under this subchapter.
(b)  If a resident has been judicially declared to lack the capacity required for taking an action such as requesting electronic monitoring, only the guardian of the resident may request electronic monitoring under this subchapter.
(c)  If a resident does not have capacity to request electronic monitoring but has not been judicially declared to lack the required capacity, only the legal representative of the resident may request electronic monitoring under this subchapter.  The executive commissioner by rule shall prescribe:
(1)  guidelines that will assist centers, family members of residents, advocates for residents, and other interested persons to determine when a resident lacks the required capacity; and
(2)  who may be considered to be a resident's legal representative for purposes of this subchapter, including:
(A)  persons who may be considered the legal representative under the terms of an instrument executed by the resident when the resident had capacity; and
(B)  persons who may become the legal representative for the limited purpose of this subchapter under a procedure prescribed by the executive commissioner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.157. Authorized Electronic Monitoring: General Provisions

Sec. 555.157.  AUTHORIZED ELECTRONIC MONITORING:  GENERAL PROVISIONS.  (a)  A center shall permit a resident or the resident's guardian or legal representative to monitor the resident's room through the use of electronic monitoring devices.
(b)  The center shall require a resident who conducts authorized electronic monitoring or the resident's guardian or legal representative to post and maintain a conspicuous notice at the entrance to the resident's room.  The notice must state that the room is being monitored by an electronic monitoring device.
(c)  Authorized electronic monitoring conducted under this subchapter is not compulsory and may be conducted only at the request of the resident or the resident's guardian or legal representative.
(d)  A center may not refuse to admit an individual to residency in the center and may not remove a resident from the center because of a request to conduct authorized electronic monitoring.  A center may not remove a resident from the center because covert electronic monitoring is being conducted by or on behalf of a resident.
(e)  A center shall make reasonable physical accommodation for authorized electronic monitoring, including:
(1)  providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and
(2)  providing access to power sources for the video surveillance camera or other electronic monitoring device.
(f)  The resident or the resident's guardian or legal representative must pay for all costs associated with conducting electronic monitoring, other than the costs of electricity.  The resident or the resident's guardian or legal representative is responsible for:
(1)  all costs associated with installation of equipment; and
(2)  maintaining the equipment.
(g)  A center may require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room.  The executive commissioner by rule may adopt guidelines regarding the safe placement of an electronic monitoring device.
(h)  If authorized electronic monitoring is conducted, the center may require the resident or the resident's guardian or legal representative to conduct the electronic monitoring in plain view.
(i)  A center may but is not required to place a resident in a different room to accommodate a request to conduct authorized electronic monitoring.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.158. Reporting Abuse, Neglect, or Exploitation

Sec. 555.158.  REPORTING ABUSE, NEGLECT, OR EXPLOITATION.  (a)  A person who is conducting authorized electronic monitoring under this subchapter and who has cause to believe, based on the viewing of or listening to a tape or recording, that a resident is in a state of abuse, neglect, or exploitation or has been abused, neglected, or exploited shall:
(1)  report that information to the Department of Family and Protective Services as required by Section 48.051, Human Resources Code; and
(2)  provide the original tape or recording to the Department of Family and Protective Services.
(b)  If the Department of Family and Protective Services has cause to believe that a resident has been abused, neglected, or exploited by another person in a manner that constitutes a criminal offense, the department shall immediately notify law enforcement and the inspector general as provided by Section 48.1522, Human Resources Code, and provide a copy of the tape or recording to law enforcement or the inspector general on request.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.159. Use of Tape or Recording by Agency or Court

Sec. 555.159.  USE OF TAPE OR RECORDING BY AGENCY OR COURT.  (a)  Subject to applicable rules of evidence and procedure and the requirements of this section, a tape or recording created through the use of covert or authorized electronic monitoring described by this subchapter may be admitted into evidence in a civil or criminal court action or administrative proceeding.
(b)  A court or administrative agency may not admit into evidence a tape or recording created through the use of covert or authorized electronic monitoring or take or authorize action based on the tape or recording unless:
(1)  if the tape or recording is a video tape or recording, the tape or recording shows the time and date that the events acquired on the tape or recording occurred;
(2)  the contents of the tape or recording have not been edited or artificially enhanced; and
(3)  if the contents of the tape or recording have been transferred from the original format to another technological format, the transfer was done by a qualified professional and the contents of the tape or recording were not altered.
(c)  A person who sends more than one tape or recording to the department shall identify for the department each tape or recording on which the person believes that an incident of abuse or exploitation or evidence of neglect may be found.  The executive commissioner by rule may encourage persons who send a tape or recording to the department to identify the place on the tape or recording where an incident of abuse or evidence of neglect may be found.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.160. Notice at Entrance to Center

Sec. 555.160.  NOTICE AT ENTRANCE TO CENTER.  Each center shall post a notice at the entrance to the center stating that the rooms of some residents may be being monitored electronically by or on behalf of the residents and that the monitoring is not necessarily open and obvious.  The executive commissioner by rule shall prescribe the format and the precise content of the notice.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.161. Enforcement

Sec. 555.161.  ENFORCEMENT.  The department may impose appropriate sanctions under this chapter on a director of a center who knowingly:
(1)  refuses to permit a resident or the resident's guardian or legal representative to conduct authorized electronic monitoring;
(2)  refuses to admit an individual to residency or allows the removal of a resident from the center because of a request to conduct authorized electronic monitoring;
(3)  allows the removal of a resident from the center because covert electronic monitoring is being conducted by or on behalf of the resident; or
(4)  violates another provision of this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter E. Electronic Monitoring of Resident's Room › Section 555.162. Interference With Device; Criminal Penalty

Sec. 555.162.  INTERFERENCE WITH DEVICE; CRIMINAL PENALTY.  (a)  A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with this subchapter or a tape or recording made by the device commits an offense.  An offense under this subsection is a Class B misdemeanor.
(b)  It is a defense to prosecution under Subsection (a) that the person took the action with the effective consent of the resident on whose behalf the electronic monitoring device was installed or the resident's guardian or legal representative.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33), Sec. 2, eff. May 25, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter F. Right to Essential Caregiver Visits › Section 555.201. Definition

Sec. 555.201.  DEFINITION.  In this chapter, "essential caregiver" means a family member, friend, guardian, or other individual selected by a resident, resident's guardian, or resident's legally authorized representative for in-person visits.
Added by Acts 2021, 87th Leg., R.S., Ch. 531 (S.B. 25), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.001. Short Title

Sec. 571.001.  SHORT TITLE.  This subtitle may be cited as the Texas Mental Health Code.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.002. Purpose

Sec. 571.002.  PURPOSE.  The purpose of this subtitle is to provide to each person having severe mental illness access to humane care and treatment by:
(1)  facilitating treatment in an appropriate setting;
(2)  enabling the person to obtain necessary evaluation, care, treatment, and rehabilitation with the least possible trouble, expense, and embarrassment to the person and the person's family;
(3)  eliminating, if requested, the traumatic effect on the person's mental health of public trial and criminal-like procedures;
(4)  protecting the person's right to a judicial determination of the person's need for involuntary treatment;
(5)  defining the criteria the state must meet to order involuntary care and treatment;
(6)  establishing the procedures to obtain facts, carry out examinations, and make prompt and fair decisions;
(7)  safeguarding the person's legal rights so as to advance and not impede the therapeutic and protective purposes of involuntary care;  and
(8)  safeguarding the rights of the person who voluntarily requests inpatient care.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.004. Least Restrictive Appropriate Setting

Sec. 571.004.  LEAST RESTRICTIVE APPROPRIATE SETTING.  The least restrictive appropriate setting for the treatment of a patient is the treatment setting that:
(1)  is available;
(2)  provides the patient with the greatest probability of improvement or cure;  and
(3)  is no more restrictive of the patient's physical or social liberties than is necessary to provide the patient with the most effective treatment and to protect adequately against any danger the patient poses to himself or others.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.005. Texas Mental Health Code Information Program

Sec. 571.005.  TEXAS MENTAL HEALTH CODE INFORMATION PROGRAM.  (a)  The department shall hold seminars as necessary to increase understanding of and properly implement revisions to this subtitle.
(b)  The department may arrange for community centers, other state agencies, and other public and private organizations or programs to prepare instructional materials and conduct the seminars.
(c)  The department may solicit, receive, and expend funds it receives from public or private organizations to fund the seminars.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.006. Executive Commissioner and Department Powers

Sec. 571.006.  EXECUTIVE COMMISSIONER AND DEPARTMENT POWERS.  (a)  The executive commissioner may adopt rules as necessary for the proper and efficient treatment of persons with mental illness.
(b)  The department may:
(1)   prescribe the form and content of applications, certificates, records, and reports provided for under this subtitle;
(2)  require reports from a facility administrator relating to the admission, examination, diagnosis, release, or discharge of any patient;
(3)  regularly visit each mental health facility to review the commitment procedure for each new patient admitted after the last visit; and
(4)  visit a mental health facility to investigate a complaint made by a patient or by a person on behalf of a patient.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1356, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.0065. Treatment Methods

Sec. 571.0065.  TREATMENT METHODS.  (a)  The executive commissioner by rule may adopt procedures for an advisory committee to review treatment methods for persons with mental illness.
(b)  A state agency that has knowledge of or receives a complaint relating to an abusive treatment method shall report that knowledge or forward a copy of the complaint to the department.
(c)  A mental health facility, physician, or other mental health professional is not liable for an injury or other damages sustained by a person as a result of the failure of the facility, physician, or professional to administer or perform a treatment prohibited by statute or rules adopted by the executive commissioner.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 3.01(a), eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 337, Sec. 1, eff. May 27, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 22(14), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(98), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1357, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.0066. Prescription Medication Information

Sec. 571.0066.  PRESCRIPTION MEDICATION INFORMATION.  (a)  The executive commissioner by rule shall require a mental health facility that admits a patient under this subtitle to provide to the patient in the patient's primary language, if possible, information relating to prescription medications ordered by the patient's treating physician.
(b)  At a minimum, the required information must:
(1)  identify the major types of prescription medications;  and
(2)  specify for each major type:
(A)  the conditions the medications are commonly used to treat;
(B)  the beneficial effects on those conditions generally expected from the medications;
(C)  side effects and risks associated with the medications;
(D)  commonly used examples of medications of the major type;  and
(E)  sources of detailed information concerning a particular medication.
(c)  The facility shall also provide the information to the patient's family on request, but only to the extent not otherwise prohibited by state or federal confidentiality laws.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.01, eff. Aug. 30, 1993.  Renumbered from Health & Safety Code Sec. 571.0065 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(32), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1358, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.0067. Restraint and Seclusion

Sec. 571.0067.  RESTRAINT AND SECLUSION.  A person providing services to a patient of a mental hospital or mental health facility shall comply with Chapter 322 and the rules adopted under that chapter.
Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 6, eff. September 1, 2005.