CRIMINAL AND CIVIL LIABILITY.
Tex. HEALTH & SAFETY Code § 555.152.
in effect(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 a resident's room.
(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 a resident's room or in connection with using or disclosing a tape or recording made by the device except:
(1) as specifically provided by this subchapter; or
(2) to the extent that liability is affected by:
(A) a consent or waiver signed under this subchapter; or
(B) the fact that authorized electronic monitoring is required to be conducted with notice to persons who enter a resident's room.
(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) an oral communication as defined by Article 18A.001 , Code of Criminal Procedure; or
(2) a communication as defined by Section 123.001 , Civil Practice and Remedies Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 184 (S.B. 33 ), Sec. 2, eff. May 25, 2013.