AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting
requirement under Article 2.133 and the chief administrator of a
law enforcement agency, regardless of whether the administrator is
elected, employed, or appointed, 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 motor vehicle
[traffic and pedestrian] stops is equipped with video camera and
transmitter-activated equipment and each law enforcement
motorcycle regularly used to make motor vehicle [traffic and
pedestrian] stops is equipped with transmitter-activated
equipment; and
(B) each motor vehicle [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 motor vehicle [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 motor vehicle [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.
(d) In this article, "motor vehicle stop" has the meaning
assigned by Article 2.132(a).
SECTION ____. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1385 to read as follows:
Art. 2.1385. CIVIL PENALTY. (a) If the chief
administrator of a local law enforcement agency intentionally fails
to submit the incident-based data as required by Article 2.134, the
agency is liable to the state for a civil penalty in the amount of
$1,000 for each violation. The attorney general may sue to collect
a civil penalty under this subsection.
(b) From money appropriated to the agency for the
administration of the agency, the executive director of a state law
enforcement agency that intentionally fails to submit the
incident-based data as required by Article 2.134 shall remit to the
comptroller the amount of $1,000 for each violation.
(c) Money collected under this article shall be deposited in
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