Bill Text: TX SB2542 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to an audio recording device pilot program for certain Department of Family and Protective Services employees investigating a report of child abuse or neglect; creating a criminal offense; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (N/A - Dead) 2019-04-15 - Referred to Health & Human Services [SB2542 Detail]
Download: Texas-2019-SB2542-Introduced.html
86R22969 EAS-F | ||
By: Menéndez | S.B. No. 2542 |
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relating to an audio recording device pilot program for certain | ||
Department of Family and Protective Services employees | ||
investigating a report of child abuse or neglect; creating a | ||
criminal offense; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 40, Human Resources Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. AUDIO RECORDING DEVICE PILOT PROGRAM | ||
Sec. 40.101. DEFINITIONS. In this subchapter: | ||
(1) "Audio recording device" means a device that is | ||
capable of recording audio or transmitting unedited audio. | ||
(2) "Pilot program" means the audio recording device | ||
pilot program for department employees established under this | ||
chapter. | ||
(3) "Private space" has the meaning assigned by | ||
Section 1701.651, Occupations Code. | ||
Sec. 40.102. PILOT PROGRAM. The department shall establish | ||
a pilot program to provide audio recording devices to department | ||
employees in Bexar County to evaluate the costs of implementing a | ||
statewide audio recording device program, including all known | ||
equipment costs and costs for data storage. | ||
Sec. 40.103. INTERAGENCY CONTRACTS. The department may | ||
enter into an interagency contract to receive audio recording | ||
device services and have the identified operations performed | ||
through a program established by the Department of Information | ||
Resources. | ||
Sec. 40.104. AUDIO RECORDING DEVICE POLICY. (a) As part of | ||
the pilot program, the department shall adopt a policy ensuring | ||
that an audio recording device is activated only when investigating | ||
a report of child abuse or neglect and must include: | ||
(1) guidelines for when a department employee should | ||
activate an audio recording device or discontinue an audio | ||
recording currently in progress, considering the need for privacy | ||
in certain situations and at certain locations; | ||
(2) provisions relating to data retention, including a | ||
provision requiring the retention of an audio recording for a | ||
minimum period of 90 days; | ||
(3) provisions relating to storage of an audio | ||
recording, creation of backup copies of an audio recording, and | ||
maintenance of data security; | ||
(4) guidelines for public access, through open records | ||
requests, to an audio recording that is public information; | ||
(5) provisions entitling a department employee to | ||
access any audio recording of an incident involving the department | ||
employee before the department employee is required to make a | ||
statement about the incident; | ||
(6) procedures for supervisory or internal review; and | ||
(7) the handling and documenting of equipment and | ||
malfunctions of equipment. | ||
(b) A policy described by Subsection (a) may not require a | ||
department employee to keep an audio recording device activated for | ||
the entire period of the department employee's shift. | ||
(c) A policy adopted under this section must be consistent | ||
with the Federal Rules of Evidence and Texas Rules of Evidence. | ||
Sec. 40.105. TRAINING. (a) Before the department may | ||
operate the pilot program, the department must provide training to: | ||
(1) employees who will use audio recording devices; | ||
and | ||
(2) any other personnel who will come into contact | ||
with audio data obtained from the use of an audio recording device. | ||
(b) The department shall develop a curriculum for a training | ||
program under this section. | ||
Sec. 40.106. RECORDING INTERACTIONS WITH THE PUBLIC. (a) A | ||
department employee equipped with an audio recording device shall | ||
act in a manner that is consistent with the policy of the department | ||
with respect to when and under what circumstances an audio | ||
recording device must be activated. | ||
(b) A department employee who does not activate an audio | ||
recording device in responding to an investigation of child abuse | ||
or neglect must include in the employee's documentation or | ||
otherwise note in the child's case file the reason for not | ||
activating the audio recording device. | ||
(c) Any justification for failing to activate the audio | ||
recording device because it is unsafe, unrealistic, or | ||
impracticable is based on whether a reasonable department employee | ||
under the same or similar circumstances would have made the same | ||
decision. | ||
Sec. 40.107. USE OF PERSONAL EQUIPMENT. A department | ||
employee who is on duty may only use an audio recording device that | ||
is issued and maintained by the department. | ||
Sec. 40.108. NOTIFICATION OF AUDIO RECORDING DEVICE. (a) | ||
Before conducting an interview in an investigation of a report of | ||
child abuse or neglect, a department employee shall notify the | ||
person the employee is interviewing that the department employee is | ||
using an audio recording device. | ||
(b) The department may develop a form for the notification | ||
required by Subsection (a). | ||
Sec. 40.109. OFFENSE. (a) A department employee commits an | ||
offense if: | ||
(1) the employee releases a recording created with an | ||
audio recording device under this subchapter without permission of | ||
the department; or | ||
(2) the employee fails to provide the notice required | ||
by Section 40.108. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
Sec. 40.110. RECORDINGS AS EVIDENCE. (a) Except as | ||
provided by Subsection (b), an audio recording created with an | ||
audio recording device and documenting an incident that is related | ||
to an administrative or criminal investigation of a department | ||
employee 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. | ||
(b) The department may release to the public a recording | ||
described by Subsection (a) if the department determines that the | ||
release furthers the department's purpose. | ||
Sec. 40.111. RELEASE OF INFORMATION RECORDED BY AUDIO | ||
RECORDING DEVICE. (a) A member of the public is required to provide | ||
the following information when submitting a written request to the | ||
department for information recorded by an audio recording device: | ||
(1) the date and approximate time of the recording; | ||
(2) the specific location where the recording | ||
occurred; and | ||
(3) the name of one or more persons known to be a | ||
subject of the recording. | ||
(b) A failure to provide all of the information required by | ||
Subsection (a) to be part of a request for recorded information does | ||
not preclude the requestor from making a future request for the same | ||
recorded information. | ||
(c) Except as provided by Subsection (d), information | ||
recorded by an audio recording device and held by the department | ||
under this subchapter is not subject to the requirements of Section | ||
552.021, Government Code. | ||
(d) Information that is or could be used as evidence in a | ||
criminal prosecution is subject to the requirements of Section | ||
552.021, Government Code. | ||
(e) The department may: | ||
(1) seek to withhold information subject to Subsection | ||
(d) in accordance with procedures provided by Section 552.301, | ||
Government Code; | ||
(2) assert any exceptions to disclosure in Chapter | ||
552, Government Code, or other law; or | ||
(3) release information requested in accordance with | ||
Subsection (a) after the department redacts any information made | ||
confidential under Chapter 552, Government Code, or other law. | ||
(f) The department may not release any portion of a | ||
recording made in a private space, or of a recording involving the | ||
investigation of conduct that constitutes a misdemeanor punishable | ||
by fine only and does not result in arrest, without written | ||
authorization from the person who is the subject of that portion of | ||
the recording or, if the person is deceased, from the person's | ||
authorized representative. | ||
(g) The attorney general shall set a proposed fee to be | ||
charged to members of the public who seek to obtain a copy of a | ||
recording under this section. The fee amount must be sufficient to | ||
cover the cost of reviewing and making the recording. The | ||
department may provide a copy without charge or at a reduced charge | ||
if the department determines that waiver or reduction of the charge | ||
is in the public interest. | ||
(h) A recording is confidential and excepted from the | ||
requirements of Chapter 552, Government Code, if the recording: | ||
(1) was not required to be made under this subchapter | ||
or another law or under a policy adopted by the department; and | ||
(2) does not relate to a department purpose. | ||
Sec. 40.112. AUDIO RECORDING DEVICE RECORDINGS; REQUEST FOR | ||
ATTORNEY GENERAL DECISION. (a) Notwithstanding Section 552.301(b), | ||
Government Code, a governmental body's request for a decision from | ||
the attorney general about whether a requested audio recording | ||
device recording falls within an exception to public disclosure is | ||
considered timely if made not later than the 20th business day after | ||
the date of receipt of the written request. | ||
(b) Notwithstanding Section 552.301(d), Government Code, a | ||
governmental body's response to a requestor regarding a requested | ||
audio recording device recording is considered timely if made not | ||
later than the 20th business day after the date of receipt of the | ||
written request. | ||
(c) Notwithstanding Section 552.301(e), Government Code, a | ||
governmental body's submission to the attorney general of the | ||
information required by that subsection regarding a requested audio | ||
recording device recording is considered timely if made not later | ||
than the 25th business day after the date of receipt of the written | ||
request. | ||
(d) Notwithstanding Section 552.301(e-1), Government Code, | ||
a governmental body's submission to a requestor of the information | ||
required by that subsection regarding a requested audio recording | ||
device recording is considered timely if made not later than the | ||
25th business day after the date of receipt of the written request. | ||
Sec. 40.113. PRODUCTION OF AUDIO RECORDING DEVICE RECORDING | ||
IN RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a) | ||
Notwithstanding Section 552.221(d), Government Code, if the | ||
department receives a voluminous request in accordance with Section | ||
40.111(a), the department is considered to have promptly produced | ||
the information for purposes of Section 552.221, Government Code, | ||
if the department takes the actions required under Section 552.221, | ||
Government Code, before the 21st business day after the date of | ||
receipt of the written request. | ||
(b) For purposes of this section, "voluminous request" | ||
includes: | ||
(1) a request for audio recording device recordings | ||
from more than five separate incidents; | ||
(2) more than five separate requests for audio | ||
recording device recordings from the same person in a 24-hour | ||
period, regardless of the number of incidents included in each | ||
request; or | ||
(3) a request or multiple requests from the same | ||
person in a 24-hour period for audio recording device recordings | ||
that, taken together, constitute more than five total hours of | ||
audio recordings. | ||
Sec. 40.114. REPORT. Not later than September 1, 2022, the | ||
department shall prepare and submit a written report on the pilot | ||
program to the governor, the lieutenant governor, the speaker of | ||
the house of representatives, and each member of the legislature. | ||
The report must include: | ||
(1) an evaluation of the interaction between | ||
department employees involved in the pilot program and the public; | ||
(2) an evaluation of the extent to which the | ||
department policies regarding audio recording devices were | ||
followed during the pilot program; and | ||
(3) a recommendation on whether the pilot program | ||
should continue, be expanded, or be terminated. | ||
Sec. 40.115. EXPIRATION. This chapter expires September 1, | ||
2023. | ||
SECTION 2. This Act takes effect September 1, 2019. |