Texas 2025 - 89th Regular

Texas Senate Bill SB2557 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15208 JSC-D
2	2	By: West S.B. No. 2557
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to preventing racial profiling and to video and audio
10	10	equipment and recordings of certain law enforcement motor vehicle
11	11	stops; authorizing a fee; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 2B.0052, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 2B.0052. RACIAL PROFILING PROHIBITED. A peace officer
16	16	may not engage in an act of racial profiling, as defined by the
17	17	written policy required by Article 2B.0053(b) and adopted by the
18	18	law enforcement agency employing the officer.
19	19	SECTION 2. Article 2B.0053, Code of Criminal Procedure, is
20	20	amended by adding Subsection (b-1) to read as follows:
21	21	(b-1) A policy adopted under Subsection (b) must be
22	22	consistent with the Federal Rules of Evidence and the Texas Rules of
23	23	Evidence.
24	24	SECTION 3. Article 2B.0151(c), Code of Criminal Procedure,
25	25	is amended to read as follows:
26	26	(c) If a law enforcement agency installs video or audio
27	27	equipment or equips peace officers with body worn cameras as
28	28	provided by this article, the policy adopted by the agency under
29	29	Article 2B.0053(b) must include:
30	30	(1) guidelines for when a peace officer should
31	31	activate the camera or other equipment or discontinue a recording
32	32	currently in progress;
33	33	(2) provisions relating to data retention, including a
34	34	provision requiring the retention of [standards for reviewing]
35	35	video and audio recordings for a minimum period of 90 days;
36	36	(3) provisions relating to storage of video and audio
37	37	recordings, creation of backup copies of the recordings, and
38	38	maintenance of data security;
39	39	(4) guidelines for public access, through open records
40	40	requests, to recordings that are public information;
41	41	(5) procedures for supervisory or internal review; and
42	42	(6) procedures for the handling and documenting of
43	43	equipment and malfunctions of equipment [documentation].
44	44	SECTION 4. Subchapter D, Chapter 2B, Code of Criminal
45	45	Procedure, is amended by adding Articles 2B.01515, 2B.0155,
46	46	2B.0156, 2B.0157, 2B.0158, and 2B.0159 to read as follows:
47	47	Art. 2B.01515. RECORDING INTERACTIONS WITH PUBLIC. (a) In
48	48	this article, "motor vehicle stop" has the meaning assigned by
49	49	Article 2B.0051.
50	50	(b) A peace officer who uses a law enforcement motor vehicle
51	51	or motorcycle equipped with video or audio equipment described by
52	52	Article 2B.0151(b)(1) or (2) shall act in a manner that is
53	53	consistent with the policy of the law enforcement agency that
54	54	employs the officer with respect to when and under what
55	55	circumstances the equipment must be activated for the purpose of
56	56	recording interactions with the public.
57	57	(c) A peace officer who does not activate video or audio
58	58	equipment in response to a call for assistance or on making a motor
59	59	vehicle stop must include in the officer's incident report or
60	60	otherwise note in the case file or record the reason for not
61	61	activating the equipment.
62	62	(d) Any justification for failing to activate the equipment
63	63	because it is unsafe, unrealistic, or impracticable is based on
64	64	whether a reasonable officer under the same or similar
65	65	circumstances would have made the same decision.
66	66	Art. 2B.0155. RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW
67	67	ENFORCEMENT OFFICER. (a) Except as provided by Subsection (b), a
68	68	video or audio recording made under Article 2B.01515 and
69	69	documenting an incident that involves the use of deadly force by a
70	70	peace officer or that is otherwise related to an administrative or
71	71	criminal investigation of an officer may not be deleted, destroyed,
72	72	or released to the public until all criminal matters have been
73	73	finally adjudicated and all related administrative investigations
74	74	have concluded.
75	75	(b) A law enforcement agency may release to the public a
76	76	recording described by Subsection (a) if the law enforcement agency
77	77	determines that the release furthers a law enforcement purpose.
78	78	(c) This article does not affect the authority of a law
79	79	enforcement agency to withhold under Section 552.108, Government
80	80	Code, information related to a closed criminal investigation that
81	81	did not result in a conviction or a grant of deferred adjudication
82	82	community supervision.
83	83	Art. 2B.0156. RELEASE OF VIDEO OR AUDIO RECORDING. (a) A
84	84	member of the public is required to provide the following
85	85	information when submitting a written request to a law enforcement
86	86	agency for one or more video or audio recordings made under Article
87	87	2B.01515:
88	88	(1) the dates and approximate times of the recordings;
89	89	(2) the specific location or locations where the
90	90	recordings occurred; and
91	91	(3) if known, the name of one or more persons known to
92	92	be a subject of the recording or recordings.
93	93	(b) A failure to provide all of the information required by
94	94	Subsection (a) to be part of a request for a recording does not
95	95	preclude the requestor from making a future request for the same
96	96	recording.
97	97	(c) A request may not be denied solely because the requestor
98	98	does not know the name of a person who is a subject of the recording.
99	99	(d) Except as provided by Subsection (e), a recording
100	100	described by Subsection (a) that is held by a law enforcement agency
101	101	is not subject to the requirements of Section 552.021, Government
102	102	Code.
103	103	(e) A recording that is or could be used as evidence in a
104	104	criminal prosecution is subject to the requirements of Section
105	105	552.021, Government Code.
106	106	(f) Notwithstanding Subsection (e), a law enforcement
107	107	agency may:
108	108	(1) seek to withhold a recording subject to Subsection
109	109	(e) by asserting any exceptions to disclosure in Chapter 552,
110	110	Government Code, or other law; or
111	111	(2) release a recording requested in accordance with
112	112	Subsection (a) after the agency redacts any information made
113	113	confidential under Chapter 552, Government Code, or other law.
114	114	(g) The attorney general shall set a proposed fee to be
115	115	charged to members of the public who seek to obtain a copy of a
116	116	recording under this article. The fee amount must be sufficient to
117	117	cover the cost of reviewing and making the recording. A law
118	118	enforcement agency may provide a copy without charge or at a reduced
119	119	charge if the agency determines that waiver or reduction of the
120	120	charge is in the public interest.
121	121	(h) A recording is confidential and excepted from the
122	122	requirements of Chapter 552, Government Code, if the recording:
123	123	(1) was not required to be made under law or under a
124	124	policy adopted by the appropriate law enforcement agency; and
125	125	(2) does not relate to a law enforcement purpose.
126	126	Art. 2B.0157. VIDEO AND AUDIO RECORDINGS; REQUEST FOR
127	127	ATTORNEY GENERAL DECISION. (a) Notwithstanding Section
128	128	552.301(b), Government Code, a governmental body's request for a
129	129	decision from the attorney general about whether a requested
130	130	recording made under Article 2B.01515 falls within an exception to
131	131	public disclosure is considered timely if made not later than the
132	132	20th business day after the date of receipt of the written request.
133	133	(b) Notwithstanding Section 552.301(d), Government Code, a
134	134	governmental body's response to a requestor regarding a requested
135	135	recording is considered timely if made not later than the 20th
136	136	business day after the date of receipt of the written request.
137	137	(c) Notwithstanding Section 552.301(e), Government Code, a
138	138	governmental body's submission to the attorney general of the
139	139	information required by that subsection regarding a requested
140	140	recording is considered timely if made not later than the 25th
141	141	business day after the date of receipt of the written request.
142	142	(d) Notwithstanding Section 552.301(e-1), Government Code,
143	143	a governmental body's submission to a requestor of the information
144	144	required by that subsection regarding a requested recording is
145	145	considered timely if made not later than the 25th business day after
146	146	the date of receipt of the written request.
147	147	Art. 2B.0158. PRODUCTION OF VIDEO OR AUDIO RECORDING IN
148	148	RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a)
149	149	Notwithstanding Section 552.221(d), Government Code, an officer
150	150	for public information who is employed by a governmental body and
151	151	who in accordance with Article 2B.0156 receives a voluminous
152	152	request for recordings made under Article 2B.01515 is considered to
153	153	have promptly produced the information for purposes of Section
154	154	552.221, Government Code, if the officer takes the actions required
155	155	under that section before the 21st business day after the date of
156	156	receipt of the written request.
157	157	(b) For purposes of this article, "voluminous request"
158	158	includes:
159	159	(1) more than five separate requests for recordings
160	160	from the same person in a 24-hour period; or
161	161	(2) a request or multiple requests from the same
162	162	person in a 24-hour period for recordings that, taken together,
163	163	constitute more than five total hours of video or audio recordings.
164	164	Art. 2B.0159. OFFENSE. (a) A peace officer or other
165	165	employee of a law enforcement agency commits an offense if the
166	166	officer or employee releases without permission of the applicable
167	167	law enforcement agency a recording made under Article 2B.01515.
168	168	(b) An offense under this article is a Class A misdemeanor.
169	169	SECTION 5. (a) A law enforcement agency operating video or
170	170	audio equipment on the effective date of this Act may submit any
171	171	existing policy of the agency regarding the use of the equipment to
172	172	the Texas Commission on Law Enforcement to determine whether the
173	173	policy complies with Article 2B.0151(c), Code of Criminal
174	174	Procedure, as amended by this Act.
175	175	(b) Notwithstanding Article 2B.0151(c), Code of Criminal
176	176	Procedure, as amended by this Act, a law enforcement agency
177	177	operating video or audio equipment on the effective date of this Act
178	178	is not required to adopt or implement a policy that complies with
179	179	that article before September 1, 2026.
180	180	(c) Articles 2B.0155, 2B.0156, 2B.0157, 2B.0158, and
181	181	2B.0159, Code of Criminal Procedure, as added by this Act, apply to
182	182	a release of a recording on or after the effective date of this Act,
183	183	regardless of whether the incident that is the subject of the
184	184	recording occurred before, on, or after the effective date of this
185	185	Act.
186	186	SECTION 6. This Act takes effect September 1, 2025.