Bill Text: TX HB2649 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to requiring video recording in certain home and community-based services provider facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Human Services [HB2649 Detail]
Download: Texas-2015-HB2649-Introduced.html
84R12098 JSC-D | ||
By: Moody | H.B. No. 2649 |
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relating to requiring video recording in certain home and | ||
community-based services provider facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 48, Human Resources Code, | ||
is amended by adding Section 48.3525 to read as follows: | ||
Sec. 48.3525. RECORDING EQUIPMENT TO AID IN INVESTIGATIONS. | ||
(a) A facility providing home and community-based services to eight | ||
or more individuals shall place video cameras in the facility that | ||
are capable of covering all areas of the facility in which staff and | ||
individuals receiving services interact, other than a bathroom or | ||
any area in which an individual's clothes are changed. | ||
(b) The home and community-based services provider shall | ||
provide notice to the persons receiving services and other persons | ||
entering the facility that video monitoring is occurring. | ||
(c) A home and community-based services provider shall | ||
maintain a recording for not less than a year after the recording | ||
was made. | ||
(d) A video recording made under this section is | ||
confidential and may not be used for any purpose other than | ||
enforcement by the department. | ||
(e) The department is entitled at any time to view any video | ||
recording made by a home and community-based services provider | ||
under this section. | ||
(f) If the department receives a complaint of abuse, | ||
neglect, or exploitation, the department shall review the relevant | ||
video recording. | ||
(g) If the home and community-based services provider does | ||
not produce a video recording on request of the department when the | ||
department is performing an investigation of an allegation of | ||
abuse, neglect, or exploitation, the department shall treat the | ||
situation as a hazard to the health or safety of the individuals | ||
receiving services from the provider and proceed with a thorough | ||
review of the facility and require any necessary corrective | ||
measures. | ||
(h) If the home and community-based services provider does | ||
not produce a video recording on request of the department when the | ||
department is performing an investigation of an allegation of | ||
abuse, neglect, or exploitation, and the provider has failed to | ||
provide a video recording in response to a request made in | ||
connection to a department investigation less than a year before | ||
the instant request, the department shall deny or terminate the | ||
certification of the provider. | ||
SECTION 2. Not later than January 1, 2016, a home and | ||
community-based services provider that is subject to Section | ||
48.3525, Human Resources Code, as added by this Act, shall install | ||
and begin to use a video recording system as required by that | ||
section. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a report of abuse, neglect, or exploitation that is received | ||
based on conduct that was alleged to have occurred on or after | ||
January 1, 2016. | ||
SECTION 4. This Act takes effect September 1, 2015. |