89R9595 JDK-D
By: Swanson H.B. No. 3312
A BILL TO BE ENTITLED
AN ACT
relating to the preservation and release of video surveillance
recordings of special education settings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.022, Education Code, is amended by
amending Subsections (e) and (i) and adding Subsections (e-2) and
(i-2) to read as follows:
(e) Except as provided by Subsections [Subsection] (e-1)
and (e-2), a school district or open-enrollment charter school
shall retain video recorded from a video camera placed under this
section for at least 12 [three] months after the date the video was
recorded.
(e-2) A school district or open-enrollment charter school
shall retain all available video recordings of an employee who is
involved in an alleged incident that has been reported to the
district or school, regardless of whether the recording documents
the incident, until the incident has been resolved, including the
exhaustion of all appeals.
(i) A video recording of a student made according to this
section is confidential and may not be released or viewed except as
provided by this subsection or Subsection (i-1), (i-2), or (j). A
school district or open-enrollment charter school shall release a
recording for viewing by:
(1) an employee who is involved in an alleged incident
that is documented by the recording and has been reported to the
district or school, on request of the employee;
(2) a parent of a student who is involved in an alleged
incident that is documented by the recording and has been reported
to the district or school, on request of the parent;
(3) appropriate Department of Family and Protective
Services personnel as part of an investigation under Section
261.406, Family Code;
(4) a peace officer, a school nurse, a district or
school administrator trained in de-escalation and restraint
techniques as provided by commissioner rule, or a human resources
staff member designated by the board of trustees of the school
district or the governing body of the open-enrollment charter
school in response to a report of an alleged incident or an
investigation of district or school personnel or a report of
alleged abuse committed by a student; or
(5) appropriate agency or State Board for Educator
Certification personnel or agents as part of an investigation.
(i-2) A school district or open-enrollment charter school
may not limit the number of times an employee or a parent of a
student who is involved in an alleged incident may view a recording
that documents the incident. The district or school must release a
recording that documents an alleged incident for viewing by the
attorney of an employee or a parent of a student who is involved in
the incident not later than one week after receiving a request from
the attorney to view the recording.
SECTION 2. This Act takes effect September 1, 2025.