By: Hughes H.B. No. 3142
A BILL TO BE ENTITLED
AN ACT
relating to the standards for the collection, retention and
dissemination of government video and audio surveillance
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SHORT TITLE. This act may be cited as the
Government Surveillance Privacy Protection Act.
SECTION 2. Subtitle A, Title 5, Government Code, is amended
by adding Chapter 561 to read as follows:
CHAPTER 561. GOVERNMENT SURVEILLANCE PRIVACY STANDARDS
Sec. 561.001. DEFINITIONS. (a) In this chapter,
"governmental body" shall be defined in accordance with Section
552.003.
(b) "surveillance information" means information
describing surveillance systems that are used to monitor the
general public and information created by such systems.
Sec. 561.002. RIGHT TO BE INFORMED ABOUT INFORMATION
COLLECTED. It is the policy of the state that an individual is
entitled to be informed about information that a governmental body
collects about the individual unless the governmental body is
allowed to withhold the information from the individual under
Section 552.023.
(a) Notwithstanding 552.023, a person who has been
subjected to or believes they have been subjected to generalized
audio or video surveillance unrelated to investigation of a
specific crime for which they are a suspect is entitled to
information about the surveillance system, its technical
capabilities, and a copy of all portions of any records containing
their image or conversation. At a minimum, such a person may ask
for and receive:
(1) the contact information of the supervisor of any
government employee or contact employee that observes the cameras
in real time;
(2) the name of any private contractor responsible for
monitoring surveillance system information; and
(3) a copy of the portion of any video or audio tape
containing their image or voice and a copy of any transcript created
from the audio or video tape. The governmental body may charge
reasonable fees associated with providing this information.
(b) Any member of the general public may ask for and
receive:
(1) a description of the governmental body's
procedures to prevent voyeurism, monitoring of individuals without
reasonable suspicion, racial profiling and personal use of
information for non-security related purposes;
(2) a description of the whether the cameras possess
infrared, heat-detection or other invasive capabilities, whether
the system makes audio or visual recordings, and whether
governmental body processes images into a database of biometric or
other data to identify individuals;
(3) a description of the complaint process for any
person who wishes to file a complaint related to inappropriate use
of surveillance systems;
(4) a description of the training provided to
surveillance system operators to assure best practices; and
(5) the report of any audit conducted to assure the
public that surveillance systems comply with this chapter.
Section 561.003. RIGHT TO CORRECTION OF INCORRECT
INFORMATION. Each governmental body shall establish a reasonable
procedure under which an individual is entitled to have the
governmental body correct information about the individual
collected through an audio or video surveillance system that is
possessed by the governmental body and that is incorrect. The
procedure may not unduly burden an individual using the procedure.
The governmental body may not charge the individual to correct
information about the individual.
Section 561.004. STANDARDS FOR THE COLLECTION AND RETENTION
OF AUDIO AND VIDEO SURVEILLANCE INFORMATION. (a) Each
governmental body shall establish reasonable standards for the
collection, retention and dissemination of audio and video
surveillance records. At a minimum such standards shall:
(1) limit the retention of surveillance records to
thirty days unless they are retained for longer periods in
accordance with other law or relate to an ongoing criminal
investigation;
(2) prohibit the use if invasive surveillance
technologies that create an image of the human body underneath a
person's clothing;
(3) prohibit placement of cameras in restrooms, locker
rooms or other spaces where individuals may partially or fully
disrobe;
(4) prohibit the use of external cameras to view and
records interior locations;
(5) mandate training of all government employees who
would be reasonably be expected to have access to surveillance
equipment and employees under contract with the government in
surveillance best practices, including practices to prevent the
discriminatory targeting of individuals based on race, gender,
ethnicity, or religious affiliation, voyeurism, and personal use of
surveillance information;
(7) establish an audit system to verify system
compliance with this chapter including creation of a public audit
report; and
(4) provide notice to the public that most images
collected through video surveillance can be distributed to the
general public.
(b) A notice of the public's rights with respect to
surveillance information shall be posted in the Internet and in all
locations where members of the general public conduct business with
the governmental body.
SECTION 3. REPEALER. Subchapter H, Chapter 418, Government
Code Section 418.182 is repealed.
SECTION 4. The Department of Public Safety shall provide
local and state governmental bodies with best practices for the
conduct of audio and video surveillance in compliance with this
Chapter, and shall develop rules for the interpretation of these
standards with appropriate public comment pursuant to Chapter 2001,
Government Code.
SECTION 5. This Act takes effect January 1, 2006.