(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 traffic and pedestrian stops
is equipped with video camera and transmitter-activated equipment and each law
enforcement motorcycle 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.