89R15208 JSC-D
By: West S.B. No. 2557
A BILL TO BE ENTITLED
AN ACT
relating to preventing racial profiling and to video and audio
equipment and recordings of certain law enforcement motor vehicle
stops; authorizing a fee; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2B.0052, Code of Criminal Procedure, is
amended to read as follows:
Art. 2B.0052. RACIAL PROFILING PROHIBITED. A peace officer
may not engage in an act of racial profiling, as defined by the
written policy required by Article 2B.0053(b) and adopted by the
law enforcement agency employing the officer.
SECTION 2. Article 2B.0053, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) A policy adopted under Subsection (b) must be
consistent with the Federal Rules of Evidence and the Texas Rules of
Evidence.
SECTION 3. Article 2B.0151(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If a law enforcement agency installs video or audio
equipment or equips peace officers with body worn cameras as
provided by this article, the policy adopted by the agency under
Article 2B.0053(b) must include:
(1) guidelines for when a peace officer should
activate the camera or other equipment or discontinue a recording
currently in progress;
(2) provisions relating to data retention, including a
provision requiring the retention of [standards for reviewing]
video and audio recordings for a minimum period of 90 days;
(3) provisions relating to storage of video and audio
recordings, creation of backup copies of the recordings, and
maintenance of data security;
(4) guidelines for public access, through open records
requests, to recordings that are public information;
(5) procedures for supervisory or internal review; and
(6) procedures for the handling and documenting of
equipment and malfunctions of equipment [documentation].
SECTION 4. Subchapter D, Chapter 2B, Code of Criminal
Procedure, is amended by adding Articles 2B.01515, 2B.0155,
2B.0156, 2B.0157, 2B.0158, and 2B.0159 to read as follows:
Art. 2B.01515. RECORDING INTERACTIONS WITH PUBLIC. (a) In
this article, "motor vehicle stop" has the meaning assigned by
Article 2B.0051.
(b) A peace officer who uses a law enforcement motor vehicle
or motorcycle equipped with video or audio equipment described by
Article 2B.0151(b)(1) or (2) shall act in a manner that is
consistent with the policy of the law enforcement agency that
employs the officer with respect to when and under what
circumstances the equipment must be activated for the purpose of
recording interactions with the public.
(c) A peace officer who does not activate video or audio
equipment in response to a call for assistance or on making a motor
vehicle stop must include in the officer's incident report or
otherwise note in the case file or record the reason for not
activating the equipment.
(d) Any justification for failing to activate the equipment
because it is unsafe, unrealistic, or impracticable is based on
whether a reasonable officer under the same or similar
circumstances would have made the same decision.
Art. 2B.0155. RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW
ENFORCEMENT OFFICER. (a) Except as provided by Subsection (b), a
video or audio recording made under Article 2B.01515 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 an officer may not be deleted, destroyed,
or released to the public until all criminal matters have been
finally adjudicated and all related administrative investigations
have concluded.
(b) A law enforcement agency may release to the public a
recording described by Subsection (a) if the law enforcement agency
determines that the release furthers a law enforcement purpose.
(c) This article does not affect the authority of a law
enforcement agency to withhold under Section 552.108, Government
Code, information related to a closed criminal investigation that
did not result in a conviction or a grant of deferred adjudication
community supervision.
Art. 2B.0156. RELEASE OF VIDEO OR AUDIO RECORDING. (a) A
member of the public is required to provide the following
information when submitting a written request to a law enforcement
agency for one or more video or audio recordings made under Article
2B.01515:
(1) the dates and approximate times of the recordings;
(2) the specific location or locations where the
recordings occurred; and
(3) if known, the name of one or more persons known to
be a subject of the recording or recordings.
(b) A failure to provide all of the information required by
Subsection (a) to be part of a request for a recording does not
preclude the requestor from making a future request for the same
recording.
(c) A request may not be denied solely because the requestor
does not know the name of a person who is a subject of the recording.
(d) Except as provided by Subsection (e), a recording
described by Subsection (a) that is held by a law enforcement agency
is not subject to the requirements of Section 552.021, Government
Code.
(e) A recording that is or could be used as evidence in a
criminal prosecution is subject to the requirements of Section
552.021, Government Code.
(f) Notwithstanding Subsection (e), a law enforcement
agency may:
(1) seek to withhold a recording subject to Subsection
(e) by asserting any exceptions to disclosure in Chapter 552,
Government Code, or other law; or
(2) release a recording requested in accordance with
Subsection (a) after the agency redacts any information made
confidential under Chapter 552, Government Code, or other law.
(g) The attorney general shall set a proposed fee to be
charged to members of the public who seek to obtain a copy of a
recording under this article. The fee amount must be sufficient to
cover the cost of reviewing and making the recording. A law
enforcement agency may provide a copy without charge or at a reduced
charge if the agency determines that waiver or reduction of the
charge is in the public interest.
(h) A recording is confidential and excepted from the
requirements of Chapter 552, Government Code, if the recording:
(1) was not required to be made under law or under a
policy adopted by the appropriate law enforcement agency; and
(2) does not relate to a law enforcement purpose.
Art. 2B.0157. VIDEO AND AUDIO RECORDINGS; REQUEST FOR
ATTORNEY GENERAL DECISION. (a) Notwithstanding Section
552.301(b), Government Code, a governmental body's request for a
decision from the attorney general about whether a requested
recording made under Article 2B.01515 falls within an exception to
public disclosure is considered timely if made not later than the
20th business day after the date of receipt of the written request.
(b) Notwithstanding Section 552.301(d), Government Code, a
governmental body's response to a requestor regarding a requested
recording is considered timely if made not later than the 20th
business day after the date of receipt of the written request.
(c) Notwithstanding Section 552.301(e), Government Code, a
governmental body's submission to the attorney general of the
information required by that subsection regarding a requested
recording is considered timely if made not later than the 25th
business day after the date of receipt of the written request.
(d) Notwithstanding Section 552.301(e-1), Government Code,
a governmental body's submission to a requestor of the information
required by that subsection regarding a requested recording is
considered timely if made not later than the 25th business day after
the date of receipt of the written request.
Art. 2B.0158. PRODUCTION OF VIDEO OR AUDIO RECORDING IN
RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a)
Notwithstanding Section 552.221(d), Government Code, an officer
for public information who is employed by a governmental body and
who in accordance with Article 2B.0156 receives a voluminous
request for recordings made under Article 2B.01515 is considered to
have promptly produced the information for purposes of Section
552.221, Government Code, if the officer takes the actions required
under that section before the 21st business day after the date of
receipt of the written request.
(b) For purposes of this article, "voluminous request"
includes:
(1) more than five separate requests for recordings
from the same person in a 24-hour period; or
(2) a request or multiple requests from the same
person in a 24-hour period for recordings that, taken together,
constitute more than five total hours of video or audio recordings.
Art. 2B.0159. OFFENSE. (a) A peace officer or other
employee of a law enforcement agency commits an offense if the
officer or employee releases without permission of the applicable
law enforcement agency a recording made under Article 2B.01515.
(b) An offense under this article is a Class A misdemeanor.
SECTION 5. (a) A law enforcement agency operating video or
audio equipment on the effective date of this Act may submit any
existing policy of the agency regarding the use of the equipment to
the Texas Commission on Law Enforcement to determine whether the
policy complies with Article 2B.0151(c), Code of Criminal
Procedure, as amended by this Act.
(b) Notwithstanding Article 2B.0151(c), Code of Criminal
Procedure, as amended by this Act, a law enforcement agency
operating video or audio equipment on the effective date of this Act
is not required to adopt or implement a policy that complies with
that article before September 1, 2026.
(c) Articles 2B.0155, 2B.0156, 2B.0157, 2B.0158, and
2B.0159, Code of Criminal Procedure, as added by this Act, apply to
a release of a recording on or after the effective date of this Act,
regardless of whether the incident that is the subject of the
recording occurred before, on, or after the effective date of this
Act.
SECTION 6. This Act takes effect September 1, 2025.