{"id":7623,"date":"2015-09-14T11:21:50","date_gmt":"2015-09-14T16:21:50","guid":{"rendered":"https:\/\/www.tsl.texas.gov\/slrm\/blog\/?p=7623"},"modified":"2025-02-13T08:46:45","modified_gmt":"2025-02-13T14:46:45","slug":"body-camera-videos-for-local-governments-101","status":"publish","type":"post","link":"https:\/\/www.tsl.texas.gov\/slrm\/blog\/2015\/09\/body-camera-videos-for-local-governments-101\/","title":{"rendered":"Body Camera Videos for Local Governments 101"},"content":{"rendered":"\n

Updated March 3, 2022<\/em><\/p>\n\n\n

\"Body_Worn_Video\"<\/a><\/p>\n

\u00a0<\/p>\n

Senate Bill 158 (S.B. 158)<\/a>\u00a0took effect on September 1st<\/sup> of this year. This law amends Chapter 1701, subchapter N of the Occupations Code and authorizes Texas law enforcement agencies to apply for grants to help cover the costs of implementing a body camera program. Additionally, the law addresses some retention requirements for the video records produced by body cameras. We\u2019ve already started receiving questions from local governments\u00a0about the records management implications of such programs. Here are a few common questions.<\/p>\n

Is a body camera\u00a0video a record?<\/strong><\/h2>\n

Yes. The Local Government Records Act<\/a> (LGRA) in \u00a7201.003 defines a local government record as \u201cany document\u2026 [including] sound or video recording<\/em>\u2026 created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business\u201d (emphasis added).<\/p>\n

Therefore, videos produced by a body camera worn by a peace officer are local government records because they are created by an employee (a peace officer) of a local government in the transaction of the public business (keeping the peace and enforcing the state and local laws).<\/p>\n

How long do I retain the videos?<\/strong><\/h2>\n

Law enforcement agencies who receive a grant under S.B. 158 from the governor\u2019s office to implement a body camera program \u201cshall adopt a policy for the use of the body cameras\u201d (\u00a71701.655(a)). This policy must include \u201cprovisions relating to data retention<\/em>, including provisions requiring the retention of video for a minimum period of 90 days\u201d (\u00a71701.655(b)(2)) (emphasis added).<\/p>\n

S.B. 158 further states that all videos \u201cdocumenting an incident that involves the use of deadly force by a peace officer or that is otherwise related to an administrative or criminal investigation of an officer may not be deleted, destroyed, or released to the public until all criminal matters have been finally adjudicated and all related administrative investigations have concluded\u201d (\u00a71701.660(a)).<\/p>\n

Does this mean a law enforcement agency can delete all body camera videos after 90 days as long as they don\u2019t document use of deadly force by an officer or aren\u2019t part of a criminal or administrative investigation of an officer? And after the investigations conclude, they can delete those videos, too?<\/p>\n

Well, no. S.B. 158 only tells law enforcement agencies how long they must retain <\/strong>the videos. The legislature describes the rules for dispositioning a local government record, including its destruction by deletion, in the LGRA. \u00a7202.001(a)(1) states that a local government record \u201cmay be destroyed if the record is listed on a records control schedule accepted for filing by the director and librarian [of TSLAC] as provided in Section 203.041 and either its retention period has expired or it has been microfilmed or stored electronically\u2026\u201d<\/p>\n

In other words, Texas law says before a law enforcement agency can delete body camera videos, the agency must:<\/p>\n

    \n
  1. be in compliance<\/a>;<\/li>\n
  2. classify the videos in a record series on an approved retention schedule; and<\/li>\n
  3. wait until the retention period has expired.<\/li>\n<\/ol>\n

    So when can I delete the videos?<\/strong><\/h2>\n

    Videos taken by body cameras worn by peace officers are not currently covered by TSLAC\u2019s local government retention schedules<\/a>. TSLAC will address these records when revisions are made to the local government schedules next year. Until the local government schedules are updated, law enforcement agencies are advised to do one of the following:<\/p>\n