KEN PAXTON 

ATTORNEY GENERAL OF TEXAS 

March 19, 2018 

The Honorable Eddie Lucio, Jr. Opinion No. KP-0186 

Chair, Committee on Intergovernmental 

Re: Whether and when a municipal I law 

enforcement agency is authorized or required to 

release audio or video recordings from a body 

worn camera to members of the public, 

members of the governing body of the 

municipality, and civilian employees of the 

municipality (RQ-0180-KP) 

Relations 

Texas State Senate 

Post Office Box 12068 

Austin, Texas 78711-2068 

Dear Senator Lucio: 

You ask four questions regarding a municipal law enforcement agency's duty to release 

body worn camera recordings made by a member of the agency. 1 Chapter 1701, subchapter N of 

the Occupations Code addresses law enforcement agencies' use of body worn cameras. See TEX. 

0cc. CODE §§ 1701.651-.663. It defines "body worn camera" as "a recording device that is: 

(A) capable of recording, or transmitting to be recorded remotely, video or audio; and (B) worn on 

the person of a peace officer, which includes being attached to the officer's clothing or worn as 

glasses." Id. § 1701.651 (1 ). That chapter also includes specific rules regarding the release to the 

public of information recorded by a body worn camera. See id. § 1701.661. 

Related to these provisions, you ask whether a law enforcement agency may release these 

recordings in specific circumstances. Your first and third questions ask about release of recordings 

when requested by members of the public, so we address those questions together. You first ask: 

Is a municipal law enforcement agency prohibited from complying, 

authorized to comply, or required to comply with a request by a 

member of the public to view a recording from a body worn camera 

if the head of the law enforcement agency determines that the 

recording could be used as evidence in a criminal prosecutim1 and 

that allowing the person to view the recording would interfere with 

the detection, investigation, or prosecution of a crime? 

'See Letter from Honorable Eddie Lucio, Jr., Chair, Senate Comm. on Intergov'tl. Relations, to Honorable 

Ken Paxton, Tex. J\.tt'y Gen. at 1-2 (Sept. 14, 2017), https://www.texasattorneygeneral.gov/opinion/requests-foropinion-rqs ("Request Letter"). 
The Honorable Eddie Lucio, Jr. - Page 2 (KP-0186) 

Request Letter at 1.2 Section 1701.661 provides that information recorded by a body worn camera 

and held by a law enforcement agency "that is or could be used as evidence in a criminal 

prosecution is subject to the requirements" of the Public Information Act ("the Act"). TEX. 0cc. 

CODE § 1701.661(d).3 Thus, upon receiving a proper request, a law enforcement agency must 

release the recordings to the public unless the recordings are excepted from disclosure under the 

Act or contain information that is confidential or otherwise required by law to be withheld.4 

Section 552.108(a)(l) of the Government Code excepts from disclosure "[i]nformation 

held by a law enforcement agency or prosecutor that deals with the detection, investigation, or 

prosecution of crime . . . if . . . release of the information would interfere with the detection, 

investigation, or prosecution of crime." TEX. Gov'TCODE § 552.108(a)(l). 5 A law enforcement 

agency seeking to withhold information under the exception authorized in subsection . 

552.108(a)(l) generally "must ask for a decision from the attorney general about whether the 

information is within that exception." Id.§ 552.301(a).6 The request for a ruling from the Attorney 

General must include "written comments stating the reasons why the stated exceptions apply that 

would allow the information to be withheld." Id. § 552.301(e)(l)(A). Thus, a law enforcement 

agency seeking to withhold a body worn camera recording under subsection 552.108(a)(l) must 

explain how and why the release of the requested information would interfere with the detection, 

investigation, or prosecution of a crime. Upon receipt of authorization from the Attorney General, 

a law enforcement agency may withhold the recording of a body worn camera if releasing it to a 

member of the public would interfere with the detection, investigation, or prosecution of a crime. 

See id.§§ 552.108, .301(a), .306. 

That said, the exception to disclosure under section 552.108 is discretionary. A law 

enforcement agency may release information recorded by a body worn camera to a member of the 

2In posing this question, you ask us to "assume that the person requesting to view the recording complies 

with the requirements of Section I 701.6pl(a), Occupations Code." Id. at 1. That subsection requires a member of 

the public to include specific information when submitting a written request for information recorded by a body worn 

camera. TEX. 0cc. CODE§ 1701.661(a). 

3Subsection 1701.661 ( c) provides that "[ e ]xcept as provided by Subsection ( d), information recorded by a 

body worn camera and held by a law enforcement agency under this subchapter is not subject to the requirements of 

Section 552.021, Government Code." Id.§ 1701.661(c); see also TEX. Gov'TCODE § 552.021 ("Public information 

is available to the public at a minimum during the normal business hours of the governmental body."). 

4Subsection 1701.661 (f) prohibits a law enforcement agency from releasing a portion of a recording "made 

in a private space, or of a recording involving the investigation of conduct that constitutes a misdemeanor punishable 

by fine only and does not result in arrest, without written authorization from the person who is the subject of that 

portion of the recording or, if the person is deceased, from that person's authorized representative." TEX. 0cc. CODE 

§ 1701.661(f). 

5Your question relates specifically to the exception to disclosure in section 552. I 08(a)(I) of the Government 

Code, but a "law enforcement agency may ... assert any exceptions to disclosure in Chapter 552, Government Code, 

or other law." Id§ 1701.661(e)(2). 

6Subsection 1701.662(a) requires that a governmental body request a decision "from the attorney general 

about whether a requested body worn camera recording falls within an exception to public disclosure" not later than 

the 20th business day after the date ofreceipt of the written request. Id. § 1701.662(a). Subsection (c) requires that 

a governmental body submit the information required by section 552.301(e) of the Government Code not later than 

the twenty-fifth business day after the date of the receipt of the request. Id. § I 701.662(c). 
The Honorable Eddie Lucio, Jr. - Page 3 (KP-0186) 

public "after the agency redacts any information made confidential under Chapter 552, 

Government Code, or other law." TEX. 0cc. CODE§ 1701.661(e)(3). The Act "does not prohibit 

a governmental body or its officer for public information from voluntarily making part or all of its 

information available to the public, unless the disclosure is expressly prohibited by law or the 

information is confidential under law." TEX. Gov'T CODE§ 552.007(a). 

Relatedly, your third question specifically regards a recording that "could be used as 

evidence in a juvenile court proceeding or depicts or otherwise relates to a child in a manner that 

would restrict access to the recording." Request Letter at 2. The Act excepts from public 

disclosure "information considered to be confidential by law, either constitutional, statutory, or by 

judicial decision." TEX. Gov'T CODE§ 552.101. Section 58.008(b) of the Family Code provides 

that, with limited exceptions, "law enforcement records concerning a child and information 

concerning a child that are stored by electronic means or otherwise and from which a record could 

be generated may not be disclosed to the public." TEX. FAM. CODE § 58.008(b). 7 Thus, a law 

enforcement agency generally may not release to a member of the public a body worn camera 

recording that could be used as evidence in a juvenile court proceeding or depicts or otherwise 

relates to a child in a manner that would restrict access to the recording. 

Your second and fourth questions ask about requests by a member of the governing body 

of the municipality or by a civilian employee of the municipality, and we address those questions 

together. You specifically ask: 

Is a municipal law enforcement agency prohibited from complying, 

authorized to comply, or required to comply with a request by a 

member of the governing body of the municipality or by a civilian 

employee of the municipality whose duties include supervision or 

oversight of the law enforcement agency (such as a city manager) to 

view a recording from a body worn camera if the head of the law 

enforcement agency determines that the recording could be used as 

evidence in a criminal prosecution and that allowing the person to 

view the recording would interfere with the detection, investigation, 

or prosecution of crime? 

Request Letter at 1. Assuming a request is made in the requestor's official capacity, a request by 

a member of the governing body of the municipality or a civilian employee in an oversight role is 

not a request by the "public" under the Act. See Tex. Att'y Gen. Op. No. JC-0283 (2000) at 3. 

Thus, the exception in the Act allowing the agency to withhold the recordings from the public due 

to interference with the detection, investigation, or prosecution of a crime is not applicable. 

A municipal law enforcement agency is established by and accountable to the governing 

body of the municipality. See TEX. Loe. Gov'T CODE§§ 341.003 ("A home-rule municipality 

may provide for a police department."); 341.00l(a) ("The governing body of a Type A generallaw municipality may establish and regulate a municipal police force."). While we have found no 

7Subsection 58.008(d) authorizes a juvenile justice agency, a criminal justice agency, the child, or the child's 

parent or guardian to inspect or copy law enforcement records concerning a child. TEX. FAM. CODE§ 58.008(d). 
The Honorable Eddie Lucio, Jr. - Page 4 (KP-0186) 

Texas court decisions addressing this issue in the context of municipal law enforcement agency 

records, "Texas attorneys general have consistently concluded that a member of a governing body 

has an inherent right of access to the records of that body when requested in the member's official 

capacity and for the member's performance of official duties." Tex. Att'y Gen. Op. No. KP-0021 

(2015) at 3; see also Tex. Att'y Gen. Op. Nos. GA-0138 (2004) at 3, JC-0283 (2000) at 3, JC-0120 

(1999) at 3, JM-119 (1983) at 3. We find no law authorizing a municipal law enforcement agency 

to withhold from a member of the municipal governing body a recording from a body worn camera 

when the request is made in the member's official capacity. Whether civilian employees may 

access the recordings will depend on the authority given those employees by the municipal 

governing body and the internal policies and procedures of the municipality. See Tex. Att'y Gen. 

Op. No. JC-0283 (200Q) at 4 (authorizing the release of confidential information to the city 

manager upon consent of the governing body of the municipality); TEX. 0cc. CODE§ 1701.655(a), 

(b)(6) (requiring a law enforcement agency that operates a body worn camera program to adopt a 

policy for the use of body worn cameras, including procedures for supervisory or internal review). 

Finally, you also ask about a member of the governing body's access to a recording that 

"could be used as evidence in a juvenile court proceeding or depicts or otherwise relates to a child 

in a manner that would restrict access to the recording." Request Letter at 2. Family Code 

subsection 58.008(b) generally prohibits the release oflaw enforcement records concerning a child 

"to the public." TEX. FAM. CODE§ 58.008(b). As discussed above, a request by a member of the 

governing body of the municipality or a civilian employee in an oversight role is not a request by 

the public. Therefore, subsection 58.008(b) does not restrict a member of the governi;ng body's 

access to recordings involving a child. 
The Honorable Eddie Lucio, Jr. - Page 5 (KP-0186) 

SUMMARY 

Pursuant to section 552.108(a)(l) of the Government Code, 

upon receiving authorization from the Attorney General, a law 

enforcement agency may withhold the recording of a body worn 

camera if releasing it to a member of the public would interfere with 

the detection, investigation, or prosecution of a crime. The 

exception to disclosure under section 552.108 is discretionary, and 

a law enforcement agency may release information recorded by a 

body worn camera to a member of the public after the agency redacts 

any information made confidential by law. 

With narrow exceptions, section 58.008 of the Family Code 

prohibits a law enforcement agency from releasing to a member of 

the public a body worn camera recording that could be used as 

evidence in a juvenile court proceeding or depicts or otherwise 

relates to a child in a manner that would restrict access to the 

recording. 

A municipal law enforcement agency may not withhold from 

a member of the municipal governing body a recording from a body 

worn camera when the request is made in the member's official 

capacity. Whether civilian employees may access the recordings 

will depend on the authority given those employees by the municipal 

governing body and the internal policies and procedures of the 

municipality. 

JEFFREY C. MATEER 

First Assistant Attorney General 

BRANTLEY STARR 

Deputy First Assistant Attorney General 

VIRGINIA K. HOELSCHER 

Chair, Opinion Committee 

Very truly yours 

KEN PAXTON 

Attorney General of Texas