Relating to the preservation and release of video surveillance recordings of special education settings.

89(R) HB 3312 - House Committee Report version - Bill Text

89R28107 JDK-D

By: Swanson, Buckley, Talarico, Leach,

H.B. No. 3312

Leo Wilson

Substitute the following for H.B. No. 3312:

By: Buckley

C.S.H.B. No. 3312

A BILL TO BE ENTITLED

AN ACT

relating to the preservation and release of video surveillance

recordings of special education settings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.022, Education Code, is amended by

amending Subsections (e) and (i) and adding Subsections (e-2),

(i-2), and (i-3) to read as follows:

(e) Except as provided by
Subsections
[
Subsection
] (e-1)

and (e-2)
, a school district or open-enrollment charter school

shall retain video recorded from a video camera placed under this

section for at least
12
[
three
] months after the date the video was

recorded.

(e-2)

A school district or open-enrollment charter school

shall retain all available video recordings of an employee who is

involved in an alleged incident that has been reported to the

district or school, regardless of whether the recording documents

the incident, until the incident has been resolved, including the

exhaustion of all appeals.

(i) A video recording of a student made according to this

section is confidential and may not be released or viewed except as

provided by this subsection or Subsection (i-1)
, (i-2),
or (j). A

school district or open-enrollment charter school shall release a

recording for viewing by:

(1) an employee who is involved in an alleged incident

that is documented by the recording and has been reported to the

district or school, on request of the employee;

(2) a parent of a student who is involved in an alleged

incident that is documented by the recording and has been reported

to the district or school, on request of the parent;

(3) appropriate Department of Family and Protective

Services personnel as part of an investigation under Section

261.406, Family Code;

(4) a peace officer, a school nurse, a district or

school administrator trained in de-escalation and restraint

techniques as provided by commissioner rule, or a human resources

staff member designated by the board of trustees of the school

district or the governing body of the open-enrollment charter

school in response to a report of an alleged incident or an

investigation of district or school personnel or a report of

alleged abuse committed by a student; or

(5) appropriate agency or State Board for Educator

Certification personnel or agents as part of an investigation.

(i-2)

A school district or open-enrollment charter school

may not limit the number of times an employee or a parent of a

student who is involved in an alleged incident may view a recording

that documents the incident. The district or school must release a

recording that documents an alleged incident for viewing by the

attorney of an employee or a parent of a student who is involved in

the incident not later than one week after receiving a request from

the attorney to view the recording.

(i-3)

A video recording released for viewing in accordance

with Subsection (i-2) may be released only in a manner that complies

with the Family Educational Rights and Privacy Act of 1974 (20

U.S.C. Section 1232g), and the school district or open-enrollment

charter school may obscure the face of a student from the recording

as necessary to comply with that Act.

SECTION 2. This Act takes effect September 1, 2025.