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A BILL TO BE ENTITLED
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AN ACT
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relating to the preservation and release of video surveillance |
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recordings of special education settings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.022, Education Code, is amended by |
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amending Subsections (e) and (i) and adding Subsections (e-2) and |
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(i-2) to read as follows: |
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(e) Except as provided by Subsections [Subsection] (e-1) |
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and (e-2), a school district or open-enrollment charter school |
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shall retain video recorded from a video camera placed under this |
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section for at least 12 [three] months after the date the video was |
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recorded. |
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(e-2) A school district or open-enrollment charter school |
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shall retain all available video recordings of an employee who is |
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involved in an alleged incident that has been reported to the |
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district or school, regardless of whether the recording documents |
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the incident, until the incident has been resolved, including the |
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exhaustion of all appeals. |
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(i) A video recording of a student made according to this |
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section is confidential and may not be released or viewed except as |
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provided by this subsection or Subsection (i-1), (i-2), or (j). A |
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school district or open-enrollment charter school shall release a |
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recording for viewing by: |
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(1) an employee who is involved in an alleged incident |
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that is documented by the recording and has been reported to the |
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district or school, on request of the employee; |
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(2) a parent of a student who is involved in an alleged |
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incident that is documented by the recording and has been reported |
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to the district or school, on request of the parent; |
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(3) appropriate Department of Family and Protective |
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Services personnel as part of an investigation under Section |
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261.406, Family Code; |
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(4) a peace officer, a school nurse, a district or |
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school administrator trained in de-escalation and restraint |
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techniques as provided by commissioner rule, or a human resources |
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staff member designated by the board of trustees of the school |
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district or the governing body of the open-enrollment charter |
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school in response to a report of an alleged incident or an |
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investigation of district or school personnel or a report of |
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alleged abuse committed by a student; or |
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(5) appropriate agency or State Board for Educator |
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Certification personnel or agents as part of an investigation. |
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(i-2) A school district or open-enrollment charter school |
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may not limit the number of times an employee or a parent of a |
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student who is involved in an alleged incident may view a recording |
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that documents the incident. The district or school must release a |
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recording that documents an alleged incident for viewing by the |
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attorney of an employee or a parent of a student who is involved in |
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the incident not later than one week after receiving a request from |
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the attorney to view the recording. |
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SECTION 2. This Act takes effect September 1, 2025. |