Texas 2017 - 85th Regular

Texas Senate Bill SB1487 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: West S.B. No. 1487
2		-	(Thompson of Harris)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to preventing racial profiling and video and audio
8	7		equipment and recordings of certain law enforcement motor vehicle
9	8		stops; creating an offense.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Article 2.131, Code of Criminal Procedure, is
12	11		amended to read as follows:
13	12		Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer
14	13		may not engage in an act of racial profiling, as defined by the
15	14		written policy required by Section 1701.702, Occupations Code, and
16	15		adopted by the law enforcement agency employing the officer.
17	16		SECTION 2. Chapter 1701, Occupations Code, is amended by
18	17		adding Subchapter O and adding a subchapter heading to read as
19	18		follows:
20	19		SUBCHAPTER O. RACIAL PROFILING; MOTOR VEHICLE STOPS
21	20		SECTION 3. Articles 2.132, 2.133, 2.134, 2.135, 2.136,
22	21		2.137, 2.138, and 2.1385, Code of Criminal Procedure, are
23	22		transferred to Subchapter O, Chapter 1701, Occupations Code, as
24	23		added by this Act, redesignated as Sections 1701.701, 1701.702,
25	24		1701.704, 1701.705, 1701.707, 1701.708, 1701.709, 1701.710,
26	25		1701.711, 1701.712, 1701.713, 1701.714, 1701.715, and 1701.716,
27	26		Occupations Code, and amended to read as follows:
28	27		Sec. 1701.701. DEFINITIONS. [Art. 2.132. LAW ENFORCEMENT
29	28		POLICY ON RACIAL PROFILING. (a)] In this subchapter [article]:
30	29		(1) "Department" means the Department of Public
31	30		Safety.
32	31		(2) "Law enforcement agency" means an agency of the
33	32		state, or of a county, municipality, or other political subdivision
34	33		of the state, that employs peace officers who make motor vehicle
35	34		stops in the routine performance of the officers' official duties.
36	35		(3) [(2)] "Motor vehicle stop" means an occasion in
37	36		which a peace officer stops a motor vehicle for an alleged violation
38	37		of a law or ordinance.
39	38		(4) [(3)] "Race or ethnicity" means of a particular
40	39		descent, including Caucasian, African, Hispanic, Asian, Native
41	40		American, or Middle Eastern descent.
42	41		Sec. 1701.702. POLICY OF LAW ENFORCEMENT AGENCY ON RACIAL
43	42		PROFILING. (a) [(b)] Each law enforcement agency in this state
44	43		shall adopt a detailed written policy on racial profiling.
45	44		(b) The policy must:
46	45		(1) clearly define acts constituting racial
47	46		profiling;
48	47		(2) strictly prohibit peace officers employed by the
49	48		agency from engaging in racial profiling;
50	49		(3) implement a process by which an individual may
51	50		file a complaint with the agency if the individual believes that a
52	51		peace officer employed by the agency has engaged in racial
53	52		profiling with respect to the individual;
54	53		(4) provide public education relating to the agency's
55	54		complaint process;
56	55		(5) require appropriate corrective action to be taken
57	56		against a peace officer employed by the agency who, after an
58	57		investigation, is shown to have engaged in racial profiling in
59	58		violation of the agency's policy adopted under this article;
60	59		(6) require collection of information relating to
61	60		motor vehicle stops in which a citation is issued and to arrests
62	61		made as a result of those stops, including information relating to:
63	62		(A) the race or ethnicity of the individual
64	63		detained;
65	64		(B) whether a search was conducted and, if so,
66	65		whether the individual detained consented to the search; and
67	66		(C) whether the peace officer knew the race or
68	67		ethnicity of the individual detained before detaining that
69	68		individual; and
70	69		(7) require the chief administrator of the agency,
71	70		regardless of whether the administrator is elected, employed, or
72	71		appointed, to submit an annual report of the information collected
73	72		under Subdivision (6) to:
74	73		(A) the commission [Texas Commission on Law
75	74		Enforcement]; and
76	75		(B) the governing body of each county or
77	76		municipality served by the agency, if the agency is an agency of a
78	77		county, municipality, or other political subdivision of the state.
79	78		(c) The data collected as a result of the reporting
80	79		requirements of this subchapter does [article shall] not constitute
81	80		prima facie evidence of racial profiling.
82	81		Sec. 1701.704. VIDEO AND AUDIO EQUIPMENT FOR LAW
83	82		ENFORCEMENT MOTOR VEHICLES AND MOTORCYCLES. [(d)] On adoption of
84	83		a policy regarding racial profiling under Section 1701.702
85	84		[Subsection (b)], a law enforcement agency shall examine the
86	85		feasibility of installing video camera and transmitter-activated
87	86		audio equipment in each agency law enforcement motor vehicle
88	87		regularly used to make motor vehicle stops and
89	88		transmitter-activated audio equipment in each agency law
90	89		enforcement motorcycle regularly used to make motor vehicle stops.
91	90		Sec. 1701.705. POLICY FOR USE OF VIDEO AND AUDIO EQUIPMENT.
92	91		(a) If a law enforcement agency installs video or audio equipment
93	92		as provided by Section 1701.704 [this subsection], the law
94	93		enforcement agency shall adopt a policy for the use of the
95	94		equipment.
96	95		(b) A policy adopted by an [the] agency under this section
97	96		[Subsection (b)] must include:
98	97		(1) guidelines for when a peace officer should
99	98		activate the equipment or discontinue a recording currently in
100	99		progress;
101	100		(2) provisions relating to data retention, including a
102	101		provision requiring the retention of [standards for reviewing]
103	102		video and audio recordings for a minimum period of 90 days;
104	103		(3) provisions relating to storage of video and audio
105	104		recordings, creation of backup copies of the recordings, and
106	105		maintenance of data security;
107	106		(4) guidelines for public access, through open records
108	107		requests, to recordings that are public information;
109	108		(5) procedures for supervisory or internal review; and
110	109		(6) the handling and documenting of equipment and
111	110		malfunctions of equipment [documentation].
112	111		(c) A policy adopted under this section must be consistent
113	112		with the Federal Rules of Evidence and Texas Rules of Evidence.
114	113		Sec. 1701.707. INVESTIGATION OF COMPLAINT; USE OF
115	114		RECORDING. [(e) A report required under Subsection (b)(7) may not
116	115		include identifying information about a peace officer who makes a
117	116		motor vehicle stop or about an individual who is stopped or arrested
118	117		by a peace officer. This subsection does not affect the collection
119	118		of information as required by a policy under Subsection (b)(6).
120	119		[(f)] On the commencement of an investigation by a law
121	120		enforcement agency of a complaint described by Section
122	121		1701.702(b)(3) [Subsection (b)(3)] in which a video or audio
123	122		recording of the occurrence on which the complaint is based was
124	123		made, the agency shall promptly provide a copy of the recording to
125	124		the peace officer who is the subject of the complaint on written
126	125		request by the officer.
127	126		[(g) On a finding by the Texas Commission on Law Enforcement
128	127		that the chief administrator of a law enforcement agency
129	128		intentionally failed to submit a report required under Subsection
130	129		(b)(7), the commission shall begin disciplinary procedures against
131	130		the chief administrator.]
132	131		Sec. 1701.708 [Art. 2.133]. REPORTS REQUIRED FOR MOTOR
133	132		VEHICLE STOPS. [(a) In this article, "race or ethnicity" has the
134	133		meaning assigned by Article 2.132(a).
135	134		[(b)] A peace officer who stops a motor vehicle for an
136	135		alleged violation of a law or ordinance shall report to the law
137	136		enforcement agency that employs the officer information relating to
138	137		the stop, including:
139	138		(1) a physical description of any person operating the
140	139		motor vehicle who is detained as a result of the stop, including:
141	140		(A) the person's gender; and
142	141		(B) the person's race or ethnicity, as stated by
143	142		the person or, if the person does not state the person's race or
144	143		ethnicity, as determined by the officer to the best of the officer's
145	144		ability;
146	145		(2) the initial reason for the stop;
147	146		(3) whether the officer conducted a search as a result
148	147		of the stop and, if so, whether the person detained consented to the
149	148		search;
150	149		(4) whether any contraband or other evidence was
151	150		discovered in the course of the search and a description of the
152	151		contraband or evidence;
153	152		(5) the reason for the search, including whether:
154	153		(A) any contraband or other evidence was in plain
155	154		view;
156	155		(B) any probable cause or reasonable suspicion
157	156		existed to perform the search; or
158	157		(C) the search was performed as a result of the
159	158		towing of the motor vehicle or the arrest of any person in the motor
160	159		vehicle;
161	160		(6) whether the officer made an arrest as a result of
162	161		the stop or the search, including a statement of whether the arrest
163	162		was based on a violation of the Penal Code, a violation of a traffic
164	163		law or ordinance, or an outstanding warrant and a statement of the
165	164		offense charged;
166	165		(7) the street address or approximate location of the
167	166		stop; and
168	167		(8) whether the officer issued a written warning or a
169	168		citation as a result of the stop.
170	169		Sec. 1701.709 [Art. 2.134]. COMPILATION AND ANALYSIS OF
171	170		INFORMATION COLLECTED. (a) [In this article:
172	171		[(1) "Motor vehicle stop" has the meaning assigned by
173	172		Article 2.132(a).
174	173		[(2) "Race or ethnicity" has the meaning assigned by
175	174		Article 2.132(a).
176	175		[(b)] A law enforcement agency shall compile and analyze the
177	176		information contained in each report received by the agency under
178	177		Section 1701.708 [Article 2.133].
179	178		(b) Not later than March 1 of each year, each law
180	179		enforcement agency shall submit a report containing the
181	180		incident-based data compiled during the previous calendar year to
182	181		the commission [Texas Commission on Law Enforcement] and, if the
183	182		law enforcement agency is a local law enforcement agency, to the
184	183		governing body of each county or municipality served by the agency.
185	184		(c) A report required under Subsection (b) must be submitted
186	185		by the chief administrator of the law enforcement agency,
187	186		regardless of whether the administrator is elected, employed, or
188	187		appointed, and must include:
189	188		(1) a comparative analysis of the information compiled
190	189		under Section 1701.708 [Article 2.133] to:
191	190		(A) evaluate and compare the number of motor
192	191		vehicle stops, within the applicable jurisdiction, of persons who
193	192		are recognized as racial or ethnic minorities and persons who are
194	193		not recognized as racial or ethnic minorities; and
195	194		(B) examine the disposition of motor vehicle
196	195		stops made by officers employed by the agency, categorized
197	196		according to the race or ethnicity of the affected persons, as
198	197		appropriate, including any searches resulting from stops within the
199	198		applicable jurisdiction; and
200	199		(2) information relating to each complaint filed with
201	200		the agency alleging that a peace officer employed by the agency has
202	201		engaged in racial profiling.
203	202		(d) A report required under Subsection (b) may not include
204	203		identifying information about a peace officer who makes a motor
205	204		vehicle stop or about an individual who is stopped or arrested by a
206	205		peace officer. This subsection does not affect the reporting of
207	206		information required under Section 1701.708(1) [Article
208	207		2.133(b)(1)].
209	208		(e) The commission [Texas Commission on Law Enforcement],
210	209		in accordance with Section 1701.162, [Occupations Code,] shall
211	210		develop guidelines for compiling and reporting information as
212	211		required by this section [article].
213	212		(f) The data collected as a result of the reporting
214	213		requirements of this section does [article shall] not constitute
215	214		prima facie evidence of racial profiling.
216	215		Sec. 1701.710. FAILURE TO SUBMIT REPORT; DISCIPLINARY
217	216		PROCEDURES. [(g)] On a finding by the commission [Texas
218	217		Commission on Law Enforcement] that the chief administrator of a
219	218		law enforcement agency intentionally failed to submit a report
220	219		required under Section 1701.702(b)(7) or 1701.709 [Subsection
221	220		(b)], the commission shall begin disciplinary procedures against
222	221		the chief administrator.
223	222		Sec. 1701.711 [Art. 2.135]. PARTIAL REPORTING EXEMPTION
224	223		FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. [(a)] A peace
225	224		officer is exempt from the reporting requirement under Section
226	225		1701.708 [Article 2.133] and the chief administrator of a law
227	226		enforcement agency, regardless of whether the administrator is
228	227		elected, employed, or appointed, is exempt from the compilation,
229	228		analysis, and reporting requirements under Section 1701.709
230	229		[Article 2.134] if:
231	230		(1) during the calendar year preceding the date that a
232	231		report under Section 1701.709 [Article 2.134] is required to be
233	232		submitted:
234	233		(A) each law enforcement motor vehicle regularly
235	234		used by an officer employed by the agency to make motor vehicle
236	235		stops is equipped with video camera and transmitter-activated audio
237	236		equipment and each law enforcement motorcycle regularly used to
238	237		make motor vehicle stops is equipped with transmitter-activated
239	238		audio equipment; and
240	239		(B) each motor vehicle stop made by an officer
241	240		employed by the agency that is capable of being recorded by video
242	241		and audio or audio equipment, as appropriate, is recorded by using
243	242		the equipment; or
244	243		(2) the governing body of the county or municipality
245	244		served by the law enforcement agency, in conjunction with the law
246	245		enforcement agency, certifies to the department [Department of
247	246		Public Safety], not later than the date specified by rule by the
248	247		department, that the law enforcement agency needs funds or video
249	248		and audio equipment for the purpose of installing video and audio
250	249		equipment as described by Subdivision (1)(A) [Subsection
251	250		(a)(1)(A)] and the agency does not receive from the state funds or
252	251		video and audio equipment sufficient, as determined by the
253	252		department, for the agency to accomplish that purpose.
254	253		Sec. 1701.712. RETENTION OF VIDEO AND AUDIO RECORDINGS.
255	254		(a) [(b)] Except as otherwise provided by this section
256	255		[subsection], a law enforcement agency that is exempt from the
257	256		requirements under Section 1701.709 [Article 2.134] shall retain
258	257		the video and audio or audio documentation of each motor vehicle
259	258		stop for at least 90 days after the date of the stop.
260	259		(b) If a complaint is filed with the law enforcement agency
261	260		alleging that a peace officer employed by the agency has engaged in
262	261		racial profiling with respect to a motor vehicle stop, the agency
263	262		shall retain the video and audio or audio record of the stop until
264	263		final disposition of the complaint.
265	264		(c) This section [article] does not affect the collection or
266	265		reporting requirements under Section 1701.702 [Article 2.132.
267	266		[(d) In this article, "motor vehicle stop" has the meaning
268	267		assigned by Article 2.132(a)].
269	268		Sec. 1701.713 [Art. 2.136]. LIABILITY. A peace officer is
270	269		not liable for damages arising from an act relating to the
271	270		collection or reporting of information as required by Section
272	271		1701.708 [Article 2.133] or under a policy adopted under Section
273	272		1701.702 [Article 2.132].
274	273		Sec. 1701.714 [Art. 2.137]. PROVISION OF FUNDING OR
275	274		EQUIPMENT. (a) The department [Department of Public Safety] shall
276	275		adopt rules for providing funds or video and audio equipment to law
277	276		enforcement agencies for the purpose of installing video and audio
278	277		equipment as described by Section 1701.711(1)(A) [Article
279	278		2.135(a)(1)(A)], including specifying criteria to prioritize
280	279		funding or equipment provided to law enforcement agencies. The
281	280		criteria may include consideration of tax effort, financial
282	281		hardship, available revenue, and budget surpluses. The criteria
283	282		must give priority to:
284	283		(1) law enforcement agencies that employ peace
285	284		officers whose primary duty is traffic enforcement;
286	285		(2) smaller jurisdictions; and
287	286		(3) municipal and county law enforcement agencies.
288	287		(b) The department [Department of Public Safety] shall
289	288		collaborate with an institution of higher education to identify law
290	289		enforcement agencies that need funds or video and audio equipment
291	290		for the purpose of installing video and audio equipment as
292	291		described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)]. The
293	292		collaboration may include the use of a survey to assist in
294	293		developing criteria to prioritize funding or equipment provided to
295	294		law enforcement agencies.
296	295		(c) To receive funds or video and audio equipment from the
297	296		state for the purpose of installing video and audio equipment as
298	297		described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)], the
299	298		governing body of a county or municipality, in conjunction with the
300	299		law enforcement agency serving the county or municipality, shall
301	300		certify to the department [Department of Public Safety] that the
302	301		law enforcement agency needs funds or video and audio equipment for
303	302		that purpose.
304	303		(d) On receipt of funds or video and audio equipment from
305	304		the state for the purpose of installing video and audio equipment as
306	305		described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)], the
307	306		governing body of a county or municipality, in conjunction with the
308	307		law enforcement agency serving the county or municipality, shall
309	308		certify to the department [Department of Public Safety] that the
310	309		law enforcement agency has installed video and audio equipment as
311	310		described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)] and
312	311		is using the equipment as required by Section 1701.711(1) [Article
313	312		2.135(a)(1)].
314	313		Sec. 1701.715 [Art. 2.138]. RULES. The public safety
315	314		director of the department [Department of Public Safety] may adopt
316	315		rules to implement this subchapter [Articles 2.131-2.137].
317	316		Sec. 1701.716 [Art. 2.1385]. CIVIL PENALTY. (a) If the
318	317		chief administrator of a local law enforcement agency intentionally
319	318		fails to submit the incident-based data as required by Section
320	319		1701.709 [Article 2.134], the agency is liable to the state for a
321	320		civil penalty in the amount of $1,000 for each violation. The
322	321		attorney general may sue to collect a civil penalty under this
323	322		subsection.
324	323		(b) From money appropriated to the agency for the
325	324		administration of the agency, the executive director of a state law
326	325		enforcement agency that intentionally fails to submit the
327	326		incident-based data as required by Section 1701.709 [Article 2.134]
328	327		shall remit to the comptroller the amount of $1,000 for each
329	328		violation.
330	329		(c) Money collected under this section [article] shall be
331	330		deposited in the state treasury to the credit of the general revenue
332	331		fund.
333	332		SECTION 4. Subchapter O, Chapter 1701, Occupations Code, as
334	333		added by this Act, is amended by adding Sections 1701.703,
335	334		1701.706, 1701.718, 1701.719, 1701.720, 1701.721, and 1701.722 to
336	335		read as follows:
337	336		Sec. 1701.703. IDENTIFYING INFORMATION IN REPORT. (a) A
338	337		report required under Section 1701.702(b)(7) may not include
339	338		identifying information about a peace officer who makes a motor
340	339		vehicle stop or about an individual who is stopped or arrested by a
341	340		peace officer.
342	341		(b) This section does not affect the collection of
343	342		information as required by a policy under Section 1701.702(b)(6).
344	343		Sec. 1701.706. RECORDING INTERACTIONS WITH THE PUBLIC.
345	344		(a) A peace officer who uses a motor vehicle or motorcycle
346	345		equipped with video or audio equipment shall act in a manner that is
347	346		consistent with the policy of the law enforcement agency that
348	347		employs the officer with respect to when and under what
349	348		circumstances the equipment must be activated.
350	349		(b) A peace officer who does not activate video or audio
351	350		equipment in response to a call for assistance or on making a motor
352	351		vehicle stop must include in the officer's incident report or
353	352		otherwise note in the case file or record the reason for not
354	353		activating the equipment.
355	354		(c) Any justification for failing to activate the equipment
356	355		because it is unsafe, unrealistic, or impracticable is based on
357	356		whether a reasonable officer under the same or similar
358	357		circumstances would have made the same decision.
359	358		Sec. 1701.718. RECORDINGS DOCUMENTING CERTAIN CONDUCT OF
360	359		LAW ENFORCEMENT OFFICER. (a) Except as provided by Subsection
361	360		(b), a video or audio recording under this subchapter documenting
362	361		an incident that involves the use of deadly force by a peace officer
363	362		or that is otherwise related to an administrative or criminal
364	363		investigation of an officer may not be deleted, destroyed, or
365	364		released to the public until all criminal matters have been finally
366	365		adjudicated and all related administrative investigations have
367	366		concluded.
368	367		(b) A law enforcement agency may release to the public a
369	368		recording described by Subsection (a) if the law enforcement agency
370	369		determines that the release furthers a law enforcement purpose.
371	370		(c) This section does not affect the authority of a law
372	371		enforcement agency to withhold under Section 552.108, Government
373	372		Code, information related to a closed criminal investigation that
374	373		did not result in a conviction or a grant of deferred adjudication
375	374		community supervision.
376	375		Sec. 1701.719. RELEASE OF VIDEO OR AUDIO RECORDING. (a) A
377	376		member of the public is required to provide the following
378	377		information when submitting a written request to a law enforcement
379	378		agency for a video or audio recording under this subchapter:
380	379		(1) the date and approximate time of the recording;
381	380		(2) the specific location where the recording
382	381		occurred; and
383	382		(3) the name of one or more persons known to be a
384	383		subject of the recording.
385	384		(b) A failure to provide all of the information required by
386	385		Subsection (a) to be part of a request for a recording does not
387	386		preclude the requestor from making a future request for the same
388	387		recording.
389	388		(c) Except as provided by Subsection (d), a recording held
390	389		by a law enforcement agency under this subchapter is not subject to
391	390		the requirements of Section 552.021, Government Code.
392	391		(d) A recording that is or could be used as evidence in a
393	392		criminal prosecution is subject to the requirements of Section
394	393		552.021, Government Code.
395	394		(e) A law enforcement agency may:
396	395		(1) seek to withhold a recording subject to Subsection
397	396		(d) in accordance with procedures provided by Section 552.301,
398	397		Government Code;
399	398		(2) assert any exceptions to disclosure in Chapter
400	399		552, Government Code, or other law; or
401	400		(3) release a recording requested in accordance with
402	401		Subsection (a) after the agency redacts any information made
403	402		confidential under Chapter 552, Government Code, or other law.
404	403		(f) The attorney general shall set a proposed fee to be
405	404		charged to members of the public who seek to obtain a copy of a
406	405		recording under this section. The fee amount must be sufficient to
407	406		cover the cost of reviewing and making the recording. A law
408	407		enforcement agency may provide a copy without charge or at a reduced
409	408		charge if the agency determines that waiver or reduction of the
410	409		charge is in the public interest.
411	410		(g) A recording is confidential and excepted from the
412	411		requirements of Chapter 552, Government Code, if the recording:
413	412		(1) was not required to be made under this subchapter
414	413		or another law or under a policy adopted by the appropriate law
415	414		enforcement agency; and
416	415		(2) does not relate to a law enforcement purpose.
417	416		Sec. 1701.720. VIDEO AND AUDIO RECORDINGS; REQUEST FOR
418	417		ATTORNEY GENERAL DECISION. (a) Notwithstanding Section
419	418		552.301(b), Government Code, a governmental body's request for a
420	419		decision from the attorney general about whether a requested
421	420		recording falls within an exception to public disclosure is
422	421		considered timely if made not later than the 20th business day after
423	422		the date of receipt of the written request.
424	423		(b) Notwithstanding Section 552.301(d), Government Code, a
425	424		governmental body's response to a requestor regarding a requested
426	425		recording is considered timely if made not later than the 20th
427	426		business day after the date of receipt of the written request.
428	427		(c) Notwithstanding Section 552.301(e), Government Code, a
429	428		governmental body's submission to the attorney general of the
430	429		information required by that subsection regarding a requested
431	430		recording is considered timely if made not later than the 25th
432	431		business day after the date of receipt of the written request.
433	432		(d) Notwithstanding Section 552.301(e-1), Government Code,
434	433		a governmental body's submission to a requestor of the information
435	434		required by that subsection regarding a requested recording is
436	435		considered timely if made not later than the 25th business day after
437	436		the date of receipt of the written request.
438	437		Sec. 1701.721. PRODUCTION OF VIDEO OR AUDIO RECORDING IN
439	438		RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS.
440	439		(a) Notwithstanding Section 552.221(d), Government Code, an
441	440		officer for public information who is employed by a governmental
442	441		body and who receives a voluminous request in accordance with
443	442		Section 1701.719(a) is considered to have promptly produced the
444	443		information for purposes of Section 552.221, Government Code, if
445	444		the officer takes the actions required under that section before
446	445		the 21st business day after the date of receipt of the written
447	446		request.
448	447		(b) For purposes of this section, "voluminous request"
449	448		includes:
450	449		(1) a request for recordings from more than five
451	450		separate incidents;
452	451		(2) more than five separate requests for recordings
453	452		from the same person in a 24-hour period, regardless of the number
454	453		of incidents included in each request; or
455	454		(3) a request or multiple requests from the same
456	455		person in a 24-hour period for recordings that, taken together,
457	456		constitute more than five total hours of video or audio recordings.
458	457		Sec. 1701.722. OFFENSE. (a) A peace officer or other
459	458		employee of a law enforcement agency commits an offense if the
460	459		officer or employee releases a recording under this subchapter
461	460		without permission of the applicable law enforcement agency.
462	461		(b) An offense under this section is a Class A misdemeanor.
463	462		SECTION 5. Article 2.139, Code of Criminal Procedure, as
464	463		added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature,
465	464		Regular Session, 2015, is transferred to Subchapter O, Chapter
466	465		1701, Occupations Code, as added by this Act, redesignated as
467	466		Section 1701.717, Occupations Code, and amended to read as follows:
468	467		Sec. 1701.717 [Art. 2.139]. VIDEO RECORDINGS OF ARRESTS
469	468		FOR INTOXICATION OFFENSES. A person stopped or arrested on
470	469		suspicion of an offense under Section 49.04, 49.045, 49.07, or
471	470		49.08, Penal Code, is entitled to receive from a law enforcement
472	471		agency employing the peace officer who made the stop or arrest a
473	472		copy of any video made by or at the direction of the officer that
474	473		contains footage of:
475	474		(1) the stop;
476	475		(2) the arrest;
477	476		(3) the conduct of the person stopped during any
478	477		interaction with the officer, including during the administration
479	478		of a field sobriety test; or
480	479		(4) a procedure in which a specimen of the person's
481	480		breath or blood is taken.
482	481		SECTION 6. Section 1701.164, Occupations Code, is amended
483	482		to read as follows:
484	483		Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
485	484		SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
486	485		collect and maintain incident-based data submitted to the
487	486		commission under Section 1701.709 [Article 2.134, Code of Criminal
488	487		Procedure], including incident-based data compiled by a law
489	488		enforcement agency from reports received by the law enforcement
490	489		agency under Section 1701.708 [Article 2.133 of that code]. The
491	490		commission in consultation with the Department of Public Safety,
492	491		the Bill Blackwood Law Enforcement Management Institute of Texas,
493	492		the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas
494	493		Police Chiefs Association shall develop guidelines for submitting
495	494		in a standard format the report containing incident-based data as
496	495		required by Section 1701.709 [Article 2.134, Code of Criminal
497	496		Procedure].
498	497		SECTION 7. Section 1701.501(a), Occupations Code, is
499	498		amended to read as follows:
500	499		(a) Except as provided by Subsection (d), the commission
501	500		shall revoke or suspend a license, place on probation a person whose
502	501		license has been suspended, or reprimand a license holder for a
503	502		violation of:
504	503		(1) this chapter;
505	504		(2) the reporting requirements provided by Sections
506	505		1701.702 [Articles 2.132] and 1701.709 [2.134, Code of Criminal
507	506		Procedure]; or
508	507		(3) a commission rule.
509	508		SECTION 8. (a) A law enforcement agency operating video or
510	509		audio equipment on the effective date of this Act may submit any
511	510		existing policy of the agency regarding the use of the equipment to
512	511		the Texas Commission on Law Enforcement to determine whether the
513	512		policy complies with Section 1701.705, Occupations Code, as added
514	513		by this Act.
515	514		(b) Notwithstanding Section 1701.705, Occupations Code, as
516	515		added by this Act, a law enforcement agency operating video or audio
517	516		equipment on the effective date of this Act is not required to adopt
518	517		or implement a policy that complies with Section 1701.705 before
519	518		September 1, 2018.
520	519		(c) Sections 1701.717, 1701.718, 1701.719, 1701.720,
521	520		1701.721, and 1701.722, Occupations Code, as added by this Act,
522	521		apply to a release of a recording on or after the effective date of
523	522		this Act, regardless of whether the incident that is the subject of
524	523		the recording occurred before, on, or after the effective date of
525	524		this Act.
526	525		SECTION 9. To the extent of any conflict, this Act prevails
527	526		over another Act of the 85th Legislature, Regular Session, 2017,
528	527		relating to nonsubstantive additions to and corrections in enacted
529	528		codes.
530	529		SECTION 10. This Act takes effect September 1, 2017.