{"data":{"id":"us-tx/tex.-health-and-safety-code-242.842","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 242.842","heading":"CRIMINAL AND CIVIL LIABILITY.","body":"(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 the room of a resident of an institution.\n(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 the room of a resident of an institution or in connection with using or disclosing a tape or recording made by the device except:\n(1) as specifically provided by this subchapter; or\n(2) to the extent that liability is affected by:\n(A) a consent or waiver signed under this subchapter; or\n(B) the fact that authorized electronic monitoring is required to be conducted with notice to persons who enter a resident's room.\n(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:\n(1) an oral communication as defined by Article 18A.001, Code of Criminal Procedure; or\n(2) a communication as defined by Section 123.001, Civil Practice and Remedies Code.\nAdded by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.\nAmended by:\nActs 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.13, eff. January 1, 2019.","path":["HEALTH AND SAFETY CODE","TITLE 4. HEALTH FACILITIES","SUBTITLE B. LICENSING OF HEALTH FACILITIES","CHAPTER 242. CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONS","SUBCHAPTER R. ELECTRONIC MONITORING OF RESIDENT'S ROOM"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.242.htm#242.842","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"b62ded12d0ce33fb5397653d4784ec687e56c516ad0079224f501555f48572ab","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-242.841","next":"us-tx/tex.-health-and-safety-code-242.843"},"notice":"GroundRules: Original legal text. Not legal advice."}