Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article
2.133 and a law enforcement agency 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 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.
(c) This article does not affect the collection or reporting requirements
under Article 2.132.