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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of recordings made by peace officers using |
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body worn cameras. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.660(a), Occupations Code, is |
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amended to read as follows: |
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(a) A [Except as provided by Subsections (a-1) and (b), a] |
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recording created with a body worn camera and documenting an |
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incident that involves the use of deadly force by a peace officer or |
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that is otherwise related to an administrative or criminal |
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investigation of a peace [an] officer may not be deleted or [,] |
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destroyed[, or released to the public] until all criminal matters |
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have been finally adjudicated and all related administrative |
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investigations have concluded. |
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SECTION 2. Sections 1701.661(e) and (f), Occupations Code, |
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are amended to read as follows: |
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(e) A law enforcement agency may: |
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(1) seek to withhold information [subject to |
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Subsection (d)] in accordance with procedures provided by Section |
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552.301, 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 agency redacts any information made |
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confidential under Chapter 552, Government Code, or other law. |
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(f) Any [A law enforcement agency may not release any] |
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portion of a recording made in a private space is confidential and |
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excepted from the requirements of Chapter 552, Government Code, and |
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may not be released [, or of a recording involving the investigation |
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of conduct that constitutes a misdemeanor punishable by fine only |
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and does not result in arrest,] without written authorization from |
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the person who is the subject of that portion of the recording or, |
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if the person is deceased, from the person's authorized |
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representative. |
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SECTION 3. The following provisions of the Occupations Code |
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are repealed: |
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(1) Sections 1701.660(a-1), (b), and (c); and |
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(2) Sections 1701.661(c), (d), and (h). |
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SECTION 4. The changes in law made by this Act relating to |
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the release of body worn camera recordings apply to a request for |
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release of a recording received on or after the effective date of |
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this Act. A request for release of a recording received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |