Text of article effective on January 01, 2025
Art. 2B.0106.  BODY WORN CAMERA POLICY.  (a)  A law enforcement agency that receives a grant to provide body worn cameras to the agency's peace officers or that otherwise operates a body worn camera program shall adopt a policy for the use of body worn cameras.
(b)  A policy described by Subsection (a) must ensure that a body worn camera is activated only for a law enforcement purpose and must include:
(1)  guidelines for when a peace officer should activate a camera or discontinue a recording currently in progress, considering the need for privacy in certain situations and at certain locations;
(2)  provisions relating to:
(A)  data retention, including a provision requiring the retention of video for at least 90 days;
(B)  storage of video and audio;
(C)  creation of backup copies of the video and audio;
(D)  maintenance of data security; and
(E)  the collection of a body worn camera, including the applicable video and audio recorded by the camera, as evidence;
(3)  guidelines for public access, through open records requests, to recordings that are public information;
(4)  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;
(5)  procedures for supervisory or internal review; and
(6)  provisions for the handling and documenting of equipment and malfunctions of equipment.
(c)  A policy described by Subsection (a) may not require a peace officer to keep a body worn camera activated for the entire period of the officer's shift.
(d)  A policy described by Subsection (a) must require a peace officer who is equipped with a body worn camera and actively participating in an investigation to keep the camera activated for the entirety of the officer's active participation in the investigation unless the camera has been deactivated in compliance with that policy.
(e)  A policy adopted under this article must be consistent with the Federal Rules of Evidence and Texas Rules of Evidence.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.