Body camera footage captured by a school district or college police department is public information that, barring an exception, must be turned over to a requestor under the Texas Public Information Act. However, special rules apply for making and fulfilling these requests.

To request footage from a body-worn camera, the requestor must provide at least three key pieces of information: (1) the date and approximate time of the recorded incident, (2) the location where the incident occurred, and (3) the name of at least one person who is the subject of the recording. If the school or college believes the footage is subject to an exception and should be withheld from the requestor, the institution must request a ruling from the Attorney General within 20 business days after receiving the request. This is 10 business days longer than the normal time frame given for standard requests for a ruling.

There are special exceptions to disclosure that only apply in the body camera footage context. For example, if the recording is made in a private space, or if the recording relates only to the investigation of a fine-only misdemeanor with no arrest, the entity must have written permission from the subject of the recording before it can be released. Special rules also apply if the footage documents the use of deadly force, or is being used in the investigation of an officer.

Entities can charge a $10 flat fee and up to $1 per minute of previously unreleased footage for providing body camera recordings. However, the entity can choose to reduce or waive the fee.

If your institution receives a request for body camera footage, consult the Texas Public Information Handbook at https://www.texasattorneygeneral.gov/files/og/publicinfo_hb.pdf and your attorney to ensure all deadlines are met and all laws are followed.