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.
Art. 2.136. LIABILITY. A peace officer is not liable for damages
arising from an act relating to the collection or reporting of information as required by Article
2.133 or under a policy adopted under Article 2.132.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
Department of Public Safety shall adopt rules for providing funds or video and audio equipment