Document Citation: 37 TAC § 1.55

Header:
TEXAS ADMINISTRATIVE CODE
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER D. PUBLIC INFORMATION POLICIES

Date:
08/31/2009

Document:
37 TAC § 1.55 (2011)

§ 1.55. Access to Disaster and Emergency Scenes

(a) Department of public safety officers will permit properly identified news media representatives free access to any disaster or emergency scene unless their presence would constitute a violation of the law or would substantially interfere with the officer's duty to:

(1) protect human life--those already injured, or others from explosion, fire, radiation, chemicals, or other hazard;

(2) collect and preserve evidence of a crime or serious negligence;

(3) protect property; and

(4) identify dead or injured persons.

(b) The question of what constitutes proper identification as a news media representative is a matter of discretion of the department of public safety officer involved. Most news persons carry cards showing their professional affiliation. Press cards of this sort are issued by the department of public safety, by many local law enforcement agencies, by some federal agencies, and by news media organizations and associations.

(c) When necessary to bar news media representatives from emergency scenes for the reasons set out in subsection (a) of this section, the reason should be explained to them, and they should be permitted access as close to the scene as possible. It should be recognized that such close access is essential to the proper working of a free and independent press.

(d) Department of public safety officers should attempt to cooperate with the news media efforts to obtain information in photographs, or film, within the limitations set forth in this section, in order to lessen congestion and permit the media representatives to complete their tasks in an orderly manner.