1. (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.

2. (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:

   1. (1) as specifically provided by this subchapter; or

   2. (2) to the extent that liability is affected by:

      1. (A) a consent or waiver signed under this subchapter; or
      2. (B) the fact that authorized electronic monitoring is required to be conducted with notice to persons who enter a resident's room.

3. (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. (1) an oral communication as defined by Article 18A.001, Code of Criminal Procedure; or
   2. (2) a communication as defined by Section 123.001, Civil Practice and Remedies Code.

Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.13, eff. January 1, 2019.