| (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.
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