TITLE 1. ADMINISTRATION

PART 3. OFFICE OF THE ATTORNEY GENERAL

CHAPTER 70. COST OF COPIES OF PUBLIC INFORMATION

1 TAC §70.13

The Office of the Attorney General (OAG), Open Records Division, adopts §70.13, of Title 1 of the Texas Administrative Code, regarding the fee for obtaining a copy of a body worn camera recording, without changes as published in the July 22, 2016, issue of the Texas Register (41 TexReg 5286), and the new rule will not be republished.

Pursuant to §1701.661(g) of the Occupations Code, the OAG is to set a fee for obtaining a copy of a body worn camera recording. Section 1701.661(g) states this amount shall be sufficient to cover the cost of reviewing and making the recording when release of a body worn camera recording is required.

The new rule allows a law enforcement agency to recover costs for providing a copy of a body worn camera recording. It allows a law enforcement agency to charge a $10.00 fee for each body worn camera recording provided. It also allows a flat fee of $1.00 per minute of footage required to be reviewed if an identical copy has not previously been released.

No comments were received regarding the new rule.

The new rule is adopted under §1701.661(g) of the Occupations Code, which requires the OAG to set a proposed fee to obtain a copy of a body worn camera recording from a law enforcement agency under that section.

Chapter 552 of the Government Code is affected by this new rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 4, 2016.

TRD-201605717

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: November 24, 2016

Proposal publication date: July 22, 2016

For further information, please call: (512) 475-4163