Staff presented City Council with a proposed public camera use policy on September 1, 2026. Council directed staff to revise the camera policy and conduct additional research regarding 3rd party commercial use of the City's data captured on the cameras that are deployed. Revisions are outlined and an update on 3rd party data use and staff's findings are provided under Analysis. 

City Council has requested the creation of a policy to govern the use of public security cameras in City of Buda parks and other locations. The proposed policy follows recommendations provided by the Department of Homeland Security Video Quality in Public Safety report, Policy Considerations for the Use of Video in Public Safety. It is also informed by the Texas Government Code Chapter 552, Texas Public Information Act, and Texas Government Code Chapter 418, concerning certain security system information. 

The policy comprises 16 sections addressing purpose, policy statement, scope, definitions, authorized uses, prohibited uses, live monitoring and video search, access to camera systems, notice to the public, data security, disclosure and release of video, sharing with other agencies, governance, auditing, and accountability, employee responsibilities, policy review, and exceptions. 

The purpose of this policy is to establish guidelines governing the use of public security camera systems owned or operated by the City of Buda. The policy is intended to enhance public safety while protecting individual privacy rights through responsible, transparent, and accountable use of security camera technology. The policy applies to City-owned, City-operated, or City-controlled cameras primarily installed to observe public areas, municipal facilities, or other locations for security or public-safety purposes, including permanent and temporary fixed cameras and remotely operated cameras. The policy generally does not govern law enforcement-related camera systems, such as license plate readers, body and dash cams. 

The policy will be reviewed every three years or sooner if technology significantly changes or other variables merit additional review. Information Technology is the designated department for overall governance of the City's public security camera program.

The below information is from the original September 1 agenda report. Updates are provided in the Analysis section. 

The City of Buda currently has cameras installed at the following locations: 

• Buda City Hall and Library and parking lot
• Public Safety Building and parking lot
• Buda Welcome Center
• Public Works and Parks Facility and parking lot
• Buda Amphitheater and City Park
• Jackson Tyler Norris Memorial Skate Park
• City trails, including Garlic Creek Greenbelt
• Buda Championship Park, upon completion of 2026 expansion

Due to lack of WiFi or other connectivity, the City uses "game cams" on some city trails to monitor areas with suspected crime, graffiti, and vandalism that can be reviewed when needed. In addition to game cameras, the City uses Spot.ai software and hardware for all City building cameras. The skate park uses a camera system from Anywhere Cam, which is connected to WiFi and provides review capabilities in the event of vandalism or other concern. City Park cameras are Ubiquiti and Spot.ai, connected via the City's network, allowing for general monitoring and/or emergency management and/or law enforcement use during City-sponsored events. 

The proposed policy does not govern:

• body-worn cameras used by peace officers;
• cameras installed in police vehicles;
• cameras used solely for automated traffic-law enforcement;
• automated license plate readers;
• cameras used exclusively for employee videoconferencing, public meetings, television production, or similar administrative purposes;
• unmanned aircraft systems;
• privately owned cameras merely viewed by City personnel during an investigation; or
• systems subject to a more specific City policy or state or federal statutory regulation.

Policy Revisions:

City Council provided staff direction to revise the camera policy and conduct additional research regarding 3rd party commercial use of the City's data captured on the cameras that are deployed. Staff has made the following changes to the policy: 

• Section 6, Prohibited Uses: added "or backyard" to prohibited positioning of the cameras to read "including the interior or backyard of a private residence". 
• Section 6, Prohibited Uses: added "Facial recognition technology is expressly prohibited."
• Section 7, Live Monitoring and Video Search: added "Facial recognition technology shall not be used."
• Section 13, Governance, Auditing, and Accountability: added "Camera system use agreements and terms of use" under "the City shall periodically audit:".
• Section 13, Governance, Auditing, and Accountability: changed audit from periodically to quarterly.
• Section 13, Governance, Auditing, and Accountability: added language to prohibit certain language in vendor agreements. See next section for the full langauge.
• Section 15, Policy Review: revised the policy review period from every three years to every year. 

3rd Party Use Agreement Findings: 

As a result of an additional review of the current camera terms and conditions, staff have discontinued the use of Anywhere Cams at the Skatepark and canceled the data subscriptions effective immediately. In their place, staff will work to mount game cams for short-term use and will work to find a long-term, stable solution from either Ubiquiti or Spot.ai. Anywhere Cam's terms and conditions includes broad language that could conceivably permit the company to use and sell the City's recorded data. Spot.ai and Ubiquiti terms of use/terms and conditions do not include such language, and staff is comfortable continuing their services. Each vendor's terms are included as attachments for review. While the City uses Ubiquiti cameras in limited applications, the City does not currently use Ubiquiti software. Instead, those cameras are tied into the Spot.ai platform.

In response to the City Council's direction and staff's findings, Section 13, Governance, Auditing, and Accountability, has been updated to include the following language: 

"The responsible official shall coordinate with Purchasing to review all contracts, agreements, terms of use, and terms and conditions associated with public security Camera Systems. The City shall not enter into an agreement with a vendor that claims ownership of the City’s recorded data or permits the vendor to sell, license, monetize, transfer, disclose, or otherwise provide City data to a third party without the City’s express written authorization. Any agreement shall provide that the City retains ownership and control of its recorded data and that vendors may access, use, or process such data only as necessary to provide contracted services to the City or as otherwise required by law."

The below information is from the original September 1 agenda report.

It is prudent to have a City policy related to the installation and use of public security cameras to ensure transparency and the protection of civil and constitutional rights. Where reasonable and appropriate to the location and security mission, the City will provide reasonable notice of public security camera use through signage, website information, facility notices, or other means. Notice may be limited when signage would materially impair an authorized law-enforcement or security function or when covert use is otherwise specifically authorized by law and approved by the appropriate City official. 

Very few Texas cities of Buda's size and population have public security camera policies. Aside from guidance related to State legislation, TML is generally silent on the use of public security cameras. Some cities have administrative policies and SOPs outlining the use of such technologies rather than governing body policies. As noted in the executive summary, the proposed policy being considered by City Council follows recommendations provided by the Department of Homeland Security Video Quality in Public Safety report, Policy Considerations for the Use of Video in Public Safety. It is also informed by the Texas Government Code Chapter 552, Texas Public Information Act, and Texas Government Code Chapter 418, concerning certain security system information. 

The approval of a policy governing the use of public security cameras does not have a direct financial impact.

Pros

• Establishes clear rules and accountability
• Protects privacy and builds public trust

Cons

• Creates additional administrative requirements
• May limit operational flexibility

• Direct staff to revise policy based on feedback
• Direct the City Manager to enact an administrative policy that can be more readily revised in response to operational changes
• Do not enact a policy governing the use of cameras
• Other action or direction deemed appropriate by City Council