How do I get the 911 call, police bodycam or dashcam video from my crash in Texas?

Who has the video and the 911 call?

The crash report goes to the state, but the recordings don't. Body camera and dashcam video, scene photos and the officer's notes stay with the police agency that worked the crash. The 911 recording stays with the agency that answered the call, which is not always the police department. In Houston, for example, 911 calls are answered by the Houston Emergency Center, and requests for 911 recordings and dispatch records go there, not to HPD. If you are still looking for the report itself, see how to get a copy of your crash report in Texas.

How do you ask for it?

Recordings held by a Texas police department or city are government records under the Public Information Act, Government Code chapter 552. A request must be in writing and should describe the record clearly enough for the agency to find it: the date, time and location of the crash, the case number, and the names of the people involved. The agency may not ask why you want it.

The agency must release information promptly. If it can't within ten business days, it must tell the requester in writing when it will. If it wants to hold something back, it has to ask the Texas Attorney General for a ruling, and tell the requester it did, no later than the 10th business day after receiving the written request (§ 552.301). An agency that misses that deadline generally has to release the information unless there is a compelling reason not to.

In Houston, HPD takes requests through the city's online public information portal, by email to its Open Records Unit, by mail or fax, or in person at 1200 Travis, and asks requesters to allow at least ten business days. 911 recordings go to the Houston Emergency Center at hecopenrecords@houstontx.gov.

Body camera video has its own rules

Texas sets special rules for body-worn camera recordings in Occupations Code chapter 1701, subchapter N. A request for bodycam video must include (§ 1701.661):

• the date and approximate time of the recording;
• the specific location where it was recorded; and
• the name of one or more people known to be in the recording.

A request missing one of these can be refused, but it can be sent again with the missing information. The agency gets 20 business days, not ten, to ask the Attorney General for a ruling on bodycam video (§ 1701.662), and it can charge a fee set by the Attorney General's rules.

One rule matters in many crashes. An agency may not release the part of a recording that shows an investigation of an offense punishable only by a fine that did not lead to an arrest, which describes many traffic tickets, or a recording made in a private space, without written permission from the person who is the subject of it (§ 1701.661(f)). When our client is that person, we provide the authorization.

Why would the police refuse to release it?

The most common reason is the law enforcement exception, § 552.108. An agency can withhold records whose release would interfere with the detection, investigation or prosecution of a crime. If the other driver was arrested for DWI, fled the scene or caused a death, the video and the 911 call are often held until the criminal case ends. In one ruling, the Attorney General allowed the Houston Emergency Center to withhold a 911 recording because HPD said it was part of an active investigation. HPD's own guidance says that videos and photos in a criminal offense report generally are not released unless the case was closed by conviction.

That does not mean the evidence is lost. Basic information about an arrest or crime must still be released, and the criminal case and your injury claim are separate (see the DWI criminal case and your injury claim). If a lawsuit is filed, a court subpoena under Texas Rule of Civil Procedure 205 is another way to get records from an agency that is not a party.

How long is it kept?

Not forever. HPD's public information page says 911 audio is kept six months and dispatch transcripts one year. Texas law requires a department that uses body cameras to have a policy keeping the video at least 90 days (§ 1701.655). Some agencies keep it longer, especially when a case is open, but waiting is a risk. A request made early starts the clock on the agency's answer and puts it on notice that the recording matters.

What about video from businesses, homes and Ring cameras?

Private cameras are not covered by the Public Information Act. A gas station, a store or a neighbor's doorbell camera can't be made to hand over video with an open-records request, and many systems record over themselves in days or weeks. In Brookshire Brothers v. Aldridge (Tex. 2014), a store's looping cameras overwrote the rest of the day's footage about 30 days after a fall.

What works is moving fast: identifying cameras near the crash, asking the owner to save the footage and sending a written preservation letter. Under Brookshire Brothers, a party has a duty to preserve evidence once it knows or reasonably should know there is a substantial chance a claim will be filed. A letter is how that knowledge is created. See what a preservation letter does.

Do you have to do this yourself?

No. Once you hire us, we find out which agencies hold the 911 call, the bodycam and the dashcam video, send requests that meet each statute's requirements, answer the agency and the Attorney General's office when there is a dispute, and send preservation letters to businesses and homeowners. You talk with Jimmy directly, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Can I get a copy of the 911 call from my accident?

Usually, with a written public information request to the agency that answered the call. It may be withheld while a criminal case is open. In Houston, requests go to the Houston Emergency Center, which keeps 911 audio six months.

How long does a Texas police department have to respond?

It must release information promptly. If it wants to withhold something, it must ask the Attorney General for a ruling within 10 business days, or 20 business days for body camera video.

What do I need to request body camera video in Texas?

The date and approximate time of the recording, the specific location and the name of at least one person in it (Occupations Code § 1701.661).

Why did the police deny my request for the video?

Often because a criminal case is pending. Section 552.108 lets an agency withhold records whose release would interfere with an investigation or prosecution.

How long do police keep body camera video?

Texas requires agencies that use body cameras to have a policy keeping video at least 90 days. Some keep it longer, but request it early.

Can I make a store give me its security video?

Not through the Public Information Act, which covers government records. A prompt preservation letter puts the business on notice to save it.

Is the video included with the crash report?

No. The crash report goes to TxDOT; video, photos and the 911 call stay with the agencies and have to be requested separately.

Authority: Tex. Gov't Code ch. 552 (Public Information Act) · Tex. Occ. Code ch. 1701, subch. N (body worn cameras) · Houston Police Department: public information requests · Texas Attorney General ruling OR2019-08483 (Houston Emergency Center 911 audio) · Texas DIR: Public Information Act rights of requestors