85R11096 JSC-D
 
  By: West S.B. No. 1487
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to preventing racial profiling and video and audio
  equipment and recordings of certain law enforcement motor vehicle
  stops; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.131, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.131.  RACIAL PROFILING PROHIBITED. A peace officer
  may not engage in an act of racial profiling, as defined by the
  written policy required by Section 1701.702, Occupations Code, and
  adopted by the law enforcement agency employing the officer.
         SECTION 2.  Chapter 1701, Occupations Code, is amended by
  adding Subchapter O and adding a subchapter heading to read as
  follows:
  SUBCHAPTER O. RACIAL PROFILING; MOTOR VEHICLE STOPS
         SECTION 3.  Articles 2.132, 2.133, 2.134, 2.135, 2.136,
  2.137, 2.138, and 2.1385, Code of Criminal Procedure, are
  transferred to Subchapter O, Chapter 1701, Occupations Code, as
  added by this Act, redesignated as Sections 1701.701, 1701.702,
  1701.704, 1701.705, 1701.707, 1701.708, 1701.709, 1701.710,
  1701.711, 1701.712, 1701.713, 1701.714, 1701.715, and 1701.716,
  Occupations Code, and amended to read as follows:
         Sec. 1701.701.  DEFINITIONS.  [Art. 2.132.   LAW ENFORCEMENT
  POLICY ON RACIAL PROFILING. (a)] In this subchapter [article]:
               (1)  "Department" means the Department of Public
  Safety.
               (2)  "Law enforcement agency" means an agency of the
  state, or of a county, municipality, or other political subdivision
  of the state, that employs peace officers who make motor vehicle
  stops in the routine performance of the officers' official duties.
               (3) [(2)]  "Motor vehicle stop" means an occasion in
  which a peace officer stops a motor vehicle for an alleged violation
  of a law or ordinance.
               (4) [(3)]  "Race or ethnicity" means of a particular
  descent, including Caucasian, African, Hispanic, Asian, Native
  American, or Middle Eastern descent.
         Sec. 1701.702.  POLICY OF LAW ENFORCEMENT AGENCY ON RACIAL
  PROFILING. (a) [(b)] Each law enforcement agency in this state
  shall adopt a detailed written policy on racial profiling.
         (b)  The policy must:
               (1)  clearly define acts constituting racial
  profiling;
               (2)  strictly prohibit peace officers employed by the
  agency from engaging in racial profiling;
               (3)  implement a process by which an individual may
  file a complaint with the agency if the individual believes that a
  peace officer employed by the agency has engaged in racial
  profiling with respect to the individual;
               (4)  provide public education relating to the agency's
  complaint process;
               (5)  require appropriate corrective action to be taken
  against a peace officer employed by the agency who, after an
  investigation, is shown to have engaged in racial profiling in
  violation of the agency's policy adopted under this article;
               (6)  require collection of information relating to
  motor vehicle stops in which a citation is issued and to arrests
  made as a result of those stops, including information relating to:
                     (A)  the race or ethnicity of the individual
  detained;
                     (B)  whether a search was conducted and, if so,
  whether the individual detained consented to the search; and
                     (C)  whether the peace officer knew the race or
  ethnicity of the individual detained before detaining that
  individual; and
               (7)  require the chief administrator of the agency,
  regardless of whether the administrator is elected, employed, or
  appointed, to submit an annual report of the information collected
  under Subdivision (6) to:
                     (A)  the commission [Texas Commission on Law
  Enforcement]; and
                     (B)  the governing body of each county or
  municipality served by the agency, if the agency is an agency of a
  county, municipality, or other political subdivision of the state.
         (c)  The data collected as a result of the reporting
  requirements of this subchapter does [article shall] not constitute
  prima facie evidence of racial profiling.
         Sec. 1701.704.  VIDEO AND AUDIO EQUIPMENT FOR LAW
  ENFORCEMENT MOTOR VEHICLES AND MOTORCYCLES.  [(d)] On adoption of a
  policy regarding racial profiling under Section 1701.702
  [Subsection (b)], a law enforcement agency shall examine the
  feasibility of installing video camera and transmitter-activated
  audio equipment in each agency law enforcement motor vehicle
  regularly used to make motor vehicle stops and
  transmitter-activated audio equipment in each agency law
  enforcement motorcycle regularly used to make motor vehicle stops.
         Sec. 1701.705.  POLICY FOR USE OF VIDEO AND AUDIO EQUIPMENT.
  (a)  If a law enforcement agency installs video or audio equipment
  as provided by Section 1701.704 [this subsection], the law
  enforcement agency shall adopt a policy for the use of the
  equipment. 
         (b)  A policy adopted by an [the] agency under this section
  [Subsection (b)] must include:
               (1)  guidelines for when a peace officer should
  activate the 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)  provisions entitling an officer to access any
  recording of an incident involving the officer before the officer
  is required to make a statement about the incident;
               (6)  procedures for supervisory or internal review; and
               (7)  the handling and documenting of equipment and
  malfunctions of equipment [documentation].
         (c)  A policy adopted under this section must be consistent
  with the Federal Rules of Evidence and Texas Rules of Evidence.
         Sec. 1701.707.  INVESTIGATION OF COMPLAINT; USE OF
  RECORDING.  [(e) A report required under Subsection (b)(7) may not
  include identifying information about a peace officer who makes a
  motor vehicle stop or about an individual who is stopped or arrested
  by a peace officer. This subsection does not affect the collection
  of information as required by a policy under Subsection (b)(6).
         [(f)]  On the commencement of an investigation by a law
  enforcement agency of a complaint described by Section
  1701.702(b)(3) [Subsection (b)(3)] in which a video or audio
  recording of the occurrence on which the complaint is based was
  made, the agency shall promptly provide a copy of the recording to
  the peace officer who is the subject of the complaint on written
  request by the officer.
         [(g)     On a finding by the Texas Commission on Law Enforcement
  that the chief administrator of a law enforcement agency
  intentionally failed to submit a report required under Subsection
  (b)(7), the commission shall begin disciplinary procedures against
  the chief administrator.]
         Sec. 1701.708  [Art. 2.133].  REPORTS REQUIRED FOR MOTOR
  VEHICLE STOPS. [(a) In this article, "race or ethnicity" has the
  meaning assigned by Article 2.132(a).
         [(b)]  A peace officer who stops a motor vehicle for an
  alleged violation of a law or ordinance shall report to the law
  enforcement agency that employs the officer information relating to
  the stop, including:
               (1)  a physical description of any person operating the
  motor vehicle who is detained as a result of the stop, including:
                     (A)  the person's gender; and
                     (B)  the person's race or ethnicity, as stated by
  the person or, if the person does not state the person's race or
  ethnicity, as determined by the officer to the best of the officer's
  ability;
               (2)  the initial reason for the stop;
               (3)  whether the officer conducted a search as a result
  of the stop and, if so, whether the person detained consented to the
  search;
               (4)  whether any contraband or other evidence was
  discovered in the course of the search and a description of the
  contraband or evidence;
               (5)  the reason for the search, including whether:
                     (A)  any contraband or other evidence was in plain
  view;
                     (B)  any probable cause or reasonable suspicion
  existed to perform the search; or
                     (C)  the search was performed as a result of the
  towing of the motor vehicle or the arrest of any person in the motor
  vehicle;
               (6)  whether the officer made an arrest as a result of
  the stop or the search, including a statement of whether the arrest
  was based on a violation of the Penal Code, a violation of a traffic
  law or ordinance, or an outstanding warrant and a statement of the
  offense charged;
               (7)  the street address or approximate location of the
  stop; and
               (8)  whether the officer issued a written warning or a
  citation as a result of the stop.
         Sec. 1701.709  [Art. 2.134].  COMPILATION AND ANALYSIS OF
  INFORMATION COLLECTED. (a) [In this article:
               [(1)     "Motor vehicle stop" has the meaning assigned by
  Article 2.132(a).
               [(2)     "Race or ethnicity" has the meaning assigned by
  Article 2.132(a).
         [(b)]  A law enforcement agency shall compile and analyze the
  information contained in each report received by the agency under
  Section 1701.708 [Article 2.133].
         (b)  Not later than March 1 of each year, each law
  enforcement agency shall submit a report containing the
  incident-based data compiled during the previous calendar year to
  the commission [Texas Commission on Law Enforcement] and, if the
  law enforcement agency is a local law enforcement agency, to the
  governing body of each county or municipality served by the agency.
         (c)  A report required under Subsection (b) must be submitted
  by the chief administrator of the law enforcement agency,
  regardless of whether the administrator is elected, employed, or
  appointed, and must include:
               (1)  a comparative analysis of the information compiled
  under Section 1701.708 [Article 2.133] to:
                     (A)  evaluate and compare the number of motor
  vehicle stops, within the applicable jurisdiction, of persons who
  are recognized as racial or ethnic minorities and persons who are
  not recognized as racial or ethnic minorities; and
                     (B)  examine the disposition of motor vehicle
  stops made by officers employed by the agency, categorized
  according to the race or ethnicity of the affected persons, as
  appropriate, including any searches resulting from stops within the
  applicable jurisdiction; and
               (2)  information relating to each complaint filed with
  the agency alleging that a peace officer employed by the agency has
  engaged in racial profiling.
         (d)  A report required under Subsection (b) may not include
  identifying information about a peace officer who makes a motor
  vehicle stop or about an individual who is stopped or arrested by a
  peace officer. This subsection does not affect the reporting of
  information required under Section 1701.708(1) [Article
  2.133(b)(1)].
         (e)  The commission [Texas Commission on Law Enforcement],
  in accordance with Section 1701.162, [Occupations Code,] shall
  develop guidelines for compiling and reporting information as
  required by this section [article].
         (f)  The data collected as a result of the reporting
  requirements of this section does [article shall] not constitute
  prima facie evidence of racial profiling.
         Sec. 1701.710.  FAILURE TO SUBMIT REPORT; DISCIPLINARY
  PROCEDURES.  [(g)] On a finding by the commission [Texas Commission
  on Law Enforcement] that the chief administrator of a law
  enforcement agency intentionally failed to submit a report required
  under Section 1701.702(b)(7) or 1701.709 [Subsection (b)], the
  commission shall begin disciplinary procedures against the chief
  administrator.
         Sec. 1701.711  [Art. 2.135].  PARTIAL REPORTING EXEMPTION FOR
  AGENCIES USING VIDEO AND AUDIO EQUIPMENT. [(a)] A peace officer is
  exempt from the reporting requirement under Section 1701.708
  [Article 2.133] and the chief administrator of a law enforcement
  agency, regardless of whether the administrator is elected,
  employed, or appointed, is exempt from the compilation, analysis,
  and reporting requirements under Section 1701.709 [Article 2.134]
  if:
               (1)  during the calendar year preceding the date that a
  report under Section 1701.709 [Article 2.134] is required to be
  submitted:
                     (A)  each law enforcement motor vehicle regularly
  used by an officer employed by the agency to make motor vehicle
  stops is equipped with video camera and transmitter-activated audio
  equipment and each law enforcement motorcycle regularly used to
  make motor vehicle stops is equipped with transmitter-activated
  audio equipment; and
                     (B)  each motor vehicle stop made by an officer
  employed by the agency that is capable of being recorded by video
  and audio or audio equipment, as appropriate, is recorded by using
  the equipment; or
               (2)  the governing body of the county or municipality
  served by the law enforcement agency, in conjunction with the law
  enforcement agency, certifies to the department [Department of
  Public Safety], not later than the date specified by rule by the
  department, that the law enforcement agency needs funds or video
  and audio equipment for the purpose of installing video and audio
  equipment as described by Subdivision (1)(A) [Subsection
  (a)(1)(A)] and the agency does not receive from the state funds or
  video and audio equipment sufficient, as determined by the
  department, for the agency to accomplish that purpose.
         Sec. 1701.712.  RETENTION OF VIDEO AND AUDIO RECORDINGS.
  (a) [(b)] Except as otherwise provided by this section
  [subsection], a law enforcement agency that is exempt from the
  requirements under Section 1701.709 [Article 2.134] shall retain
  the video and audio or audio documentation of each motor vehicle
  stop for at least 90 days after the date of the stop.
         (b)  If a complaint is filed with the law enforcement agency
  alleging that a peace officer employed by the agency has engaged in
  racial profiling with respect to a motor vehicle stop, the agency
  shall retain the video and audio or audio record of the stop until
  final disposition of the complaint.
         (c)  This section [article] does not affect the collection or
  reporting requirements under Section 1701.702 [Article 2.132.
         [(d)     In this article, "motor vehicle stop" has the meaning
  assigned by Article 2.132(a)].
         Sec. 1701.713  [Art. 2.136].  LIABILITY. A peace officer is
  not liable for damages arising from an act relating to the
  collection or reporting of information as required by Section
  1701.708 [Article 2.133] or under a policy adopted under Section
  1701.702 [Article 2.132].
         Sec. 1701.714  [Art. 2.137].  PROVISION OF FUNDING OR
  EQUIPMENT. (a) The department [Department of Public Safety] shall
  adopt rules for providing funds or video and audio equipment to law
  enforcement agencies for the purpose of installing video and audio
  equipment as described by Section 1701.711(1)(A) [Article
  2.135(a)(1)(A)], including specifying criteria to prioritize
  funding or equipment provided to law enforcement agencies. The
  criteria may include consideration of tax effort, financial
  hardship, available revenue, and budget surpluses. The criteria
  must give priority to:
               (1)  law enforcement agencies that employ peace
  officers whose primary duty is traffic enforcement;
               (2)  smaller jurisdictions; and
               (3)  municipal and county law enforcement agencies.
         (b)  The department [Department of Public Safety] shall
  collaborate with an institution of higher education to identify law
  enforcement agencies that need funds or video and audio equipment
  for the purpose of installing video and audio equipment as
  described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)]. The
  collaboration may include the use of a survey to assist in
  developing criteria to prioritize funding or equipment provided to
  law enforcement agencies.
         (c)  To receive funds or video and audio equipment from the
  state for the purpose of installing video and audio equipment as
  described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)], the
  governing body of a county or municipality, in conjunction with the
  law enforcement agency serving the county or municipality, shall
  certify to the department [Department of Public Safety] that the
  law enforcement agency needs funds or video and audio equipment for
  that purpose.
         (d)  On receipt of funds or video and audio equipment from
  the state for the purpose of installing video and audio equipment as
  described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)], the
  governing body of a county or municipality, in conjunction with the
  law enforcement agency serving the county or municipality, shall
  certify to the department [Department of Public Safety] that the
  law enforcement agency has installed video and audio equipment as
  described by Section 1701.711(1)(A) [Article 2.135(a)(1)(A)] and
  is using the equipment as required by Section 1701.711(1) [Article
  2.135(a)(1)].
         Sec. 1701.715  [Art. 2.138].  RULES. The public safety
  director of the department [Department of Public Safety] may adopt
  rules to implement this subchapter [Articles 2.131-2.137].
         Sec. 1701.716  [Art. 2.1385]. CIVIL PENALTY. (a) If the
  chief administrator of a local law enforcement agency intentionally
  fails to submit the incident-based data as required by Section
  1701.709 [Article 2.134], the agency is liable to the state for a
  civil penalty in the amount of $1,000 for each violation. The
  attorney general may sue to collect a civil penalty under this
  subsection.
         (b)  From money appropriated to the agency for the
  administration of the agency, the executive director of a state law
  enforcement agency that intentionally fails to submit the
  incident-based data as required by Section 1701.709 [Article
  2.134] shall remit to the comptroller the amount of $1,000 for each
  violation.
         (c)  Money collected under this section [article] shall be
  deposited in the state treasury to the credit of the general revenue
  fund.
         SECTION 4.  Subchapter O, Chapter 1701, Occupations Code, as
  added by this Act, is amended by adding Sections 1701.703,
  1701.706, 1701.718, 1701.719, 1701.720, 1701.721, and 1701.722 to
  read as follows:
         Sec. 1701.703.  IDENTIFYING INFORMATION IN REPORT. (a) A
  report required under Section 1701.702(b)(7) may not include
  identifying information about a peace officer who makes a motor
  vehicle stop or about an individual who is stopped or arrested by a
  peace officer.
         (b)  This section does not affect the collection of
  information as required by a policy under Section 1701.702(b)(6).
         Sec. 1701.706.  RECORDING INTERACTIONS WITH THE PUBLIC. (a)  
  A peace officer who uses a motor vehicle or motorcycle equipped with
  video or audio equipment 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.
         (b)  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.
         (c)  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.
         Sec. 1701.718.  RECORDINGS DOCUMENTING CERTAIN CONDUCT OF
  LAW ENFORCEMENT OFFICER. (a)  Except as provided by Subsection (b),
  a video or audio recording under this subchapter 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 section 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.
         Sec. 1701.719.  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 a video or audio recording under this subchapter:
               (1)  the date and approximate time of the recording;
               (2)  the specific location where the recording
  occurred; and
               (3)  the name of one or more persons known to be a
  subject of the recording.
         (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)  Except as provided by Subsection (d), a recording held
  by a law enforcement agency under this subchapter is not subject to
  the requirements of Section 552.021, Government Code.
         (d)  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. 
         (e)  A law enforcement agency may:
               (1)  seek to withhold a recording subject to Subsection
  (d) in accordance with procedures provided by Section 552.301,
  Government Code;
               (2)  assert any exceptions to disclosure in Chapter
  552, Government Code, or other law; or
               (3)  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.
         (f)  A law enforcement agency may not release any portion of
  a recording involving the investigation of conduct that constitutes
  a misdemeanor punishable by fine only and does not result in arrest
  without written authorization from the person who is the subject of
  that portion of the recording or, if the person is deceased, from
  the person's authorized representative.
         (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 section.  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 this subchapter
  or another law or under a policy adopted by the appropriate law
  enforcement agency; and
               (2)  does not relate to a law enforcement purpose.
         Sec. 1701.720.  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 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.
         Sec. 1701.721.  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 receives a voluminous request in accordance with Section
  1701.719(a) 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 section, "voluminous request"
  includes:
               (1)  a request for recordings from more than five
  separate incidents;
               (2)  more than five separate requests for recordings
  from the same person in a 24-hour period, regardless of the number
  of incidents included in each request; or
               (3)  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.
         Sec. 1701.722.  OFFENSE. (a)  A peace officer or other
  employee of a law enforcement agency commits an offense if the
  officer or employee releases a recording under this subchapter
  without permission of the applicable law enforcement agency.
         (b)  An offense under this section is a Class A misdemeanor.
         SECTION 5.  Article 2.139, Code of Criminal Procedure, as
  added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature,
  Regular Session, 2015, is transferred to Subchapter O, Chapter
  1701, Occupations Code, as added by this Act, redesignated as
  Section 1701.717, Occupations Code, and amended to read as follows:
         Sec. 1701.717  [Art. 2.139]. VIDEO RECORDINGS OF ARRESTS
  FOR INTOXICATION OFFENSES. A person stopped or arrested on
  suspicion of an offense under Section 49.04, 49.045, 49.07, or
  49.08, Penal Code, is entitled to receive from a law enforcement
  agency employing the peace officer who made the stop or arrest a
  copy of any video made by or at the direction of the officer that
  contains footage of:
               (1)  the stop;
               (2)  the arrest;
               (3)  the conduct of the person stopped during any
  interaction with the officer, including during the administration
  of a field sobriety test; or
               (4)  a procedure in which a specimen of the person's
  breath or blood is taken.
         SECTION 6.  Section 1701.164, Occupations Code, is amended
  to read as follows:
         Sec. 1701.164.  COLLECTION OF CERTAIN INCIDENT-BASED DATA
  SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
  collect and maintain incident-based data submitted to the
  commission under Section 1701.709 [Article 2.134, Code of Criminal
  Procedure], including incident-based data compiled by a law
  enforcement agency from reports received by the law enforcement
  agency under Section 1701.708 [Article 2.133 of that code].  The
  commission in consultation with the Department of Public Safety,
  the Bill Blackwood Law Enforcement Management Institute of Texas,
  the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas
  Police Chiefs Association shall develop guidelines for submitting
  in a standard format the report containing incident-based data as
  required by Section 1701.709 [Article 2.134, Code of Criminal
  Procedure].
         SECTION 7.  Section 1701.501(a), Occupations Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (d), the commission
  shall revoke or suspend a license, place on probation a person whose
  license has been suspended, or reprimand a license holder for a
  violation of:
               (1)  this chapter;
               (2)  the reporting requirements provided by Sections
  [Articles] 1701.702 [2.132] and 1701.709 [2.134, Code of Criminal
  Procedure]; or
               (3)  a commission rule.
         SECTION 8.  (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 Section 1701.705, Occupations Code, as added
  by this Act.
         (b)  Notwithstanding Section 1701.705, Occupations Code, as
  added 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 Section 1701.705 before
  September 1, 2018.
         (c)  Sections 1701.717, 1701.718, 1701.719, 1701.720,
  1701.721, and 1701.722, Occupations Code, 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 9.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 10.  This Act takes effect September 1, 2017.