84R3826 JSC-D
 
  By: Reynolds H.B. No. 474
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring certain law enforcement officers to wear body
  worn cameras.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter P to read as follows:
  SUBCHAPTER P. BODY WORN CAMERAS
         Sec. 411.441.  DEFINITION. In this subchapter, "body worn
  camera" means a recording device that is:
               (1)  capable of recording, or transmitting to be
  recorded remotely, video or audio; and
               (2)  worn on the person of a peace officer, which
  includes being attached to the officer's clothing or worn as
  glasses.
         Sec. 411.442.  BODY WORN CAMERAS REQUIRED FOR CERTAIN
  OFFICERS. (a)  A law enforcement agency in this state shall equip
  with body worn cameras all officers who:
               (1)  are engaged in traffic or highway patrol or
  otherwise regularly stop or detain motor vehicles; or
               (2)  respond to calls for assistance from the public.
         (b)  A law enforcement agency that is not able to equip all
  officers described by Subsection (a) with body worn cameras because
  it would cause financial hardship shall submit to the department an
  annual report that:
               (1)  states that the agency lacks the money to equip
  with body worn cameras all officers who are required to wear a
  camera; and
               (2)  includes both the number of cameras in use by the
  agency and the number of cameras required under Subsection (a).
         (c)  A law enforcement agency is not required to equip all
  officers described by Subsection (a) with body worn cameras until
  the agency receives the necessary money. The agency is required to
  comply with this subchapter with respect to any body worn cameras
  the agency possesses.
         Sec. 411.443.  RECORDING INTERACTIONS WITH THE PUBLIC. Each
  officer equipped with a body worn camera shall:
               (1)  activate the camera when responding to calls for
  assistance and when performing other law enforcement activities,
  including traffic stops, pursuits, arrests, searches, or
  interrogations; and
               (2)  if practicable, before engaging with a person who
  will be recorded, provide the person with verbal notice of the
  recording.
         Sec. 411.444.  RECORDINGS AS EVIDENCE.  (a)  A recording
  created with a body worn camera and documenting an incident that is
  the subject of an investigation or complaint may not be deleted or
  destroyed before the completion of the investigation into the
  incident or the final disposition of the complaint regarding the
  incident.
         (b)  A recording that is not required to be retained under
  Subsection (a) shall be deleted or destroyed as soon as practicable
  after the 180th day after the date the recording is made.
         (c)  A recording made by a body worn camera under this
  subchapter is public information subject to Chapter 552.
         SECTION 2.  Not later than September 1, 2016, a law
  enforcement agency shall:
               (1)  equip with body worn cameras all officers required
  to wear the cameras under Section 411.442(a), Government Code, as
  added by this Act; or
               (2)  submit the report required by Section 411.442(b),
  Government Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2015.