87R9046 JSC-D
By: West S.B. No. 973
A BILL TO BE ENTITLED
AN ACT
relating to the release of recordings made by peace officers using
body worn cameras.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.660(a), Occupations Code, is
amended to read as follows:
(a) A [Except as provided by Subsections (a-1) and (b), a]
recording created with a body worn camera and documenting an
incident that involves the use of deadly force by a peace officer or
that is otherwise related to an administrative or criminal
investigation of a peace [an] officer may not be deleted or [,]
destroyed[, or released to the public] until all criminal matters
have been finally adjudicated and all related administrative
investigations have concluded.
SECTION 2. Sections 1701.661(e) and (f), Occupations Code,
are amended to read as follows:
(e) A law enforcement agency may:
(1) seek to withhold information [subject to
Subsection (d)] in accordance with procedures provided by Section
552.301, Government Code;
(2) assert any exceptions to disclosure in Chapter
552, Government Code, or other law; or
(3) release information requested in accordance with
Subsection (a) after the agency redacts any information made
confidential under Chapter 552, Government Code, or other law.
(f) Any [A law enforcement agency may not release any]
portion of a recording made in a private space is confidential and
excepted from the requirements of Chapter 552, Government Code, and
may not be released [, or of a recording involving the investigation
of conduct that constitutes a misdemeanor punishable by fine only
and does not result in arrest,] without written authorization from
the person who is the subject of that portion of the recording or,
if the person is deceased, from the person's authorized
representative.
SECTION 3. The following provisions of the Occupations Code
are repealed:
(1) Sections 1701.660(a-1), (b), and (c); and
(2) Sections 1701.661(c), (d), and (h).
SECTION 4. The changes in law made by this Act relating to
the release of body worn camera recordings apply to a request for
release of a recording received on or after the effective date of
this Act. A request for release of a recording received before the
effective date of this Act is governed by the law in effect on the
date the request was received, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2021.