26 Tex. Admin. Code § 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.
Notes
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