(a) For purposes of this subchapter, the placement and use of an electronic monitoring device in the room of a resident is considered to be covert if:
- (1) the placement and use of the device is not open and obvious; and
- (2) the institution and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.
- (b) The department and the institution may not be held to be civilly liable in connection with the covert placement or use of an electronic monitoring device in the room of a resident.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.