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A BILL TO BE ENTITLED
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AN ACT
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relating to a body worn camera pilot program for certain Department |
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of Family and Protective Services employees investigating a report |
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of child abuse or neglect; creating a criminal offense; authorizing |
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a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 40, Human Resources Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. BODY WORN CAMERA PILOT PROGRAM |
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Sec. 40.101. DEFINITIONS. In this subchapter: |
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(1) "Body worn camera" has the meaning assigned by |
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Section 1701.651, Occupations Code. |
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(2) "Pilot program" means the body worn camera pilot |
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program for department employees established under this chapter. |
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(3) "Private space" has the meaning assigned by |
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Section 1701.651, Occupations Code. |
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Sec. 40.102. PILOT PROGRAM. The department shall establish |
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a pilot program to provide body worn cameras to department |
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employees in Bexar County to evaluate the costs of implementing a |
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statewide body worn camera program, including all known equipment |
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costs and costs for data storage. |
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Sec. 40.103. INTERAGENCY CONTRACTS. The department may |
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enter into an interagency contract to receive body worn camera |
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services and have the identified operations performed through a |
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program established by the Department of Information Resources. |
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Sec. 40.104. BODY WORN CAMERA POLICY. (a) As part of the |
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pilot program, the department shall adopt a policy ensuring that a |
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body worn camera is activated only when investigating a report of |
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child abuse or neglect and must include: |
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(1) guidelines for when a department employee should |
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activate a camera or discontinue a recording currently in progress, |
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considering the need for privacy in certain situations and at |
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certain locations; |
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(2) provisions relating to data retention, including a |
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provision requiring the retention of video for a minimum period of |
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90 days; |
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(3) provisions relating to storage of video and audio, |
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creation of backup copies of the video and audio, and maintenance of |
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data security; |
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(4) guidelines for public access, through open records |
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requests, to recordings that are public information; |
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(5) provisions entitling a department employee to |
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access any recording of an incident involving the department |
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employee before the department employee is required to make a |
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statement about the incident; |
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(6) procedures for supervisory or internal review; and |
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(7) the handling and documenting of equipment and |
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malfunctions of equipment. |
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(b) A policy described by Subsection (a) may not require a |
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department employee to keep a body worn camera activated for the |
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entire period of the department employee's shift. |
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(c) A policy adopted under this section must be consistent |
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with the Federal Rules of Evidence and Texas Rules of Evidence. |
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Sec. 40.105. TRAINING. (a) Before the department may |
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operate the pilot program, the department must provide training to: |
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(1) employees who will wear the body worn cameras; and |
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(2) any other personnel who will come into contact |
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with video and audio data obtained from the use of body worn |
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cameras. |
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(b) The department shall develop a curriculum for a training |
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program under this section. |
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Sec. 40.106. RECORDING INTERACTIONS WITH THE PUBLIC. (a) A |
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department employee equipped with a body worn camera shall act in a |
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manner that is consistent with the policy of the department with |
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respect to when and under what circumstances a body worn camera must |
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be activated. |
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(b) A department employee equipped with a body worn camera |
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may choose not to activate a camera or may choose to discontinue a |
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recording currently in progress for any nonconfrontational |
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encounter with a person, including an interview of a witness or |
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victim. |
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(c) A department employee who does not activate a body worn |
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camera in responding to an investigation of child abuse or neglect |
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must include in the employee's documentation or otherwise note in |
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the child's case file the reason for not activating the camera. |
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(d) Any justification for failing to activate the body worn |
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camera because it is unsafe, unrealistic, or impracticable is based |
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on whether a reasonable department employee under the same or |
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similar circumstances would have made the same decision. |
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Sec. 40.107. USE OF PERSONAL EQUIPMENT. (a) A department |
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employee who is on duty may only use a body worn camera that is |
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issued and maintained by the department. |
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(b) A department employee who has not been provided with a |
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body worn camera by the department may operate a body worn camera |
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that is privately owned only if permitted by the department. |
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(c) If the department authorizes the use of privately owned |
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body worn cameras under Subsection (b), the department must make |
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provisions for the security and compatibility of the recordings |
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made by those cameras. |
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Sec. 40.108. OFFENSE. (a) A department employee commits an |
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offense if the employee releases a recording created with a body |
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worn camera under this subchapter without permission of the |
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department. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 40.109. RECORDINGS AS EVIDENCE. (a) Except as |
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provided by Subsection (b), a recording created with a body worn |
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camera and documenting an incident that is related to an |
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administrative or criminal investigation of a department employee |
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may not be deleted, destroyed, or released to the public until all |
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criminal matters have been finally adjudicated and all related |
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administrative investigations have concluded. |
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(b) The department may release to the public a recording |
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described by Subsection (a) if the department determines that the |
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release furthers the department's purpose. |
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Sec. 40.110. RELEASE OF INFORMATION RECORDED BY BODY WORN |
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CAMERA. (a) A member of the public is required to provide the |
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following information when submitting a written request to the |
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department for information recorded by a body worn camera: |
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(1) the date and approximate time of the recording; |
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(2) the specific location where the recording |
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occurred; and |
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(3) the name of one or more persons known to be a |
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subject of the recording. |
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(b) A failure to provide all of the information required by |
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Subsection (a) to be part of a request for recorded information does |
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not preclude the requestor from making a future request for the same |
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recorded information. |
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(c) Except as provided by Subsection (d), information |
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recorded by a body worn camera and held by the department under this |
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subchapter is not subject to the requirements of Section 552.021, |
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Government Code. |
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(d) Information that is or could be used as evidence in a |
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criminal prosecution is subject to the requirements of Section |
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552.021, Government Code. |
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(e) The department may: |
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(1) seek to withhold information subject to Subsection |
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(d) in accordance with procedures provided by Section 552.301, |
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Government Code; |
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(2) assert any exceptions to disclosure in Chapter |
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552, Government Code, or other law; or |
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(3) release information requested in accordance with |
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Subsection (a) after the department redacts any information made |
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confidential under Chapter 552, Government Code, or other law. |
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(f) The department may not release any portion of a |
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recording made in a private space, or of a recording involving the |
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investigation of conduct that constitutes a misdemeanor punishable |
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by fine only and does not result in arrest, without written |
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authorization from the person who is the subject of that portion of |
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the recording or, if the person is deceased, from the person's |
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authorized representative. |
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(g) The attorney general shall set a proposed fee to be |
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charged to members of the public who seek to obtain a copy of a |
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recording under this section. The fee amount must be sufficient to |
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cover the cost of reviewing and making the recording. The |
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department may provide a copy without charge or at a reduced charge |
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if the department determines that waiver or reduction of the charge |
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is in the public interest. |
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(h) A recording is confidential and excepted from the |
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requirements of Chapter 552, Government Code, if the recording: |
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(1) was not required to be made under this subchapter |
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or another law or under a policy adopted by the department; and |
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(2) does not relate to a department purpose. |
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Sec. 40.111. BODY WORN CAMERA RECORDINGS; REQUEST FOR |
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ATTORNEY GENERAL DECISION. (a) Notwithstanding Section 552.301(b), |
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Government Code, a governmental body's request for a decision from |
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the attorney general about whether a requested body worn camera |
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recording falls within an exception to public disclosure is |
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considered timely if made not later than the 20th business day after |
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the date of receipt of the written request. |
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(b) Notwithstanding Section 552.301(d), Government Code, a |
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governmental body's response to a requestor regarding a requested |
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body worn camera recording is considered timely if made not later |
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than the 20th business day after the date of receipt of the written |
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request. |
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(c) Notwithstanding Section 552.301(e), Government Code, a |
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governmental body's submission to the attorney general of the |
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information required by that subsection regarding a requested body |
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worn camera recording is considered timely if made not later than |
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the 25th business day after the date of receipt of the written |
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request. |
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(d) Notwithstanding Section 552.301(e-1), Government Code, |
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a governmental body's submission to a requestor of the information |
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required by that subsection regarding a requested body worn camera |
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recording is considered timely if made not later than the 25th |
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business day after the date of receipt of the written request. |
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Sec. 40.112. PRODUCTION OF BODY WORN CAMERA RECORDING IN |
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RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a) |
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Notwithstanding Section 552.221(d), Government Code, if the |
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department receives a voluminous request in accordance with Section |
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40.110(a), the department is considered to have promptly produced |
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the information for purposes of Section 552.221, Government Code, |
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if the department takes the actions required under Section 552.221, |
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Government Code, before the 21st business day after the date of |
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receipt of the written request. |
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(b) For purposes of this section, "voluminous request" |
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includes: |
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(1) a request for body worn camera recordings from |
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more than five separate incidents; |
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(2) more than five separate requests for body worn |
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camera recordings from the same person in a 24-hour period, |
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regardless of the number of incidents included in each request; or |
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(3) a request or multiple requests from the same |
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person in a 24-hour period for body worn camera recordings that, |
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taken together, constitute more than five total hours of video |
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footage. |
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Sec. 40.113. REPORT. Not later than September 1, 2022, the |
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department shall prepare and submit a written report on the pilot |
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program to the governor, lieutenant governor, speaker of the house |
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of representatives, and each member of the legislature. The report |
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must include: |
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(1) an evaluation of the interaction between |
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department employees involved in the pilot program and the public; |
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(2) an evaluation of the extent to which the |
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department policies regarding body worn cameras were allowed during |
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the pilot program; and |
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(3) a recommendation on whether the pilot program |
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should continue, be expanded, or be terminated. |
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Sec. 40.114. EXPIRATION. This chapter expires September 1, |
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2023. |
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SECTION 2. This Act takes effect September 1, 2019. |