( g ) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection ( b ), the commission shall begin disciplinary procedures against the chief administrator . SECTION ____. Article 2.135 , Code of Criminal Procedure , is amended to read as follows : Art . 2.135 . PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND 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
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