Court Opinions

State Laws

US Code

US Constitution

Texas Code of Criminal Procedure - Article 2.135. Exemption For Agencies Using Video And Audio Equipment

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 2.135. Exemption For Agencies Using Video And Audio Equipment

Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO 
EQUIPMENT.  (a) A peace officer is exempt from the reporting 
requirement under Article 2.133 and a law enforcement agency is 
exempt from the compilation, analysis, and reporting requirements 
under Article 2.134 if:
	(1)  during the calendar year preceding the date that a 
report under 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 traffic and pedestrian stops 
is equipped with video camera and transmitter-activated equipment 
and each law enforcement motorcycle regularly used to make traffic 
and pedestrian stops is equipped with transmitter-activated 
equipment;  and
	(B)  each traffic and pedestrian 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 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 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.
	(b)  Except as otherwise provided by this subsection, a law 
enforcement agency that is exempt from the requirements under 
Article 2.134 shall retain the video and audio or audio 
documentation of each traffic and pedestrian stop for at least 90 
days after the date of the stop.  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 traffic 
or pedestrian stop, the agency shall retain the video and audio or 
audio record of the stop until final disposition of the complaint.
	(c)  This article does not affect the collection or reporting 
requirements under Article 2.132.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.           

Last modified: August 10, 2007