85R10153 JSC-D     By: Burrows H.B. No. 3793       A BILL TO BE ENTITLED   AN ACT   relating to a law enforcement agency's release of a recording   captured by a body worn camera.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1701.660, Occupations Code, is amended   to read as follows:          Sec. 1701.660.  PRESERVATION OF RECORDINGS AS EVIDENCE. A     [(a)  Except as provided by Subsection (b), a] recording created   with a body worn camera and documenting 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 or [,] destroyed[, or released to the   public] until all criminal matters have been finally adjudicated   and all related administrative investigations have concluded.          [(b)     A law enforcement agency may release to the public a   recording described by Subsection (a) if the law enforcement agency   determines that the release furthers a law enforcement purpose.          [(c)     This section does not affect the authority of a law   enforcement agency to withhold under Section 552.108, Government   Code, information related to a closed criminal investigation that   did not result in a conviction or a grant of deferred adjudication   community supervision.]          SECTION 2.  Section 1701.661, Occupations Code, is amended   by adding Subsection (b-1) to read as follows:          (b-1)  Before releasing to a member of the public a recording   captured by a body worn camera, a law enforcement agency shall   obscure or alter relevant portions of the video or audio recording   so that only law enforcement officers are identifiable on the   recording.  The person requesting the recording is responsible for   the costs of obscuring or altering the recording under this   subsection.          SECTION 3.  The change in law made by this Act applies to a   recording released on or after the effective date of this Act,   regardless of whether the recording was created before, on, or   after that date.          SECTION 4.  This Act takes effect September 1, 2017.