Texas Action Guide
Fighting Encryption in the Lone Star State
Texas has strong transparency traditions and open government laws that give residents real power. San Antonio and Fort Worth prove major cities can stay open. This guide shows you how to protect scanner access in your Texas community.
Texas Encryption Landscape
Where Texas stands and why there's still time to act
Open Cities
San Antonio, Fort Worth, El Paso
Major Texas cities that have resisted encryption. San Antonio (1.5M population) proves big cities don't need to encrypt. Fort Worth keeps Tarrant County accessible.
Partial Encryption
Houston, Dallas, Austin
Texas's largest metros use tactical encryption but keep main dispatch open. Fight to keep it that way. Full encryption proposals surface regularly.
Fully Encrypted
DPS, Brazos County, NTIRN suburbs
Texas DPS went dark in 2019. Brazos County encrypted without public notice in 2023. North Texas suburbs are going dark on NTIRN.
The Texas Advantage
Unlike California, Texas hasn't seen a cascade effect from major cities encrypting. The state's strong local-control tradition means each jurisdiction makes its own decision. San Antonio's continued transparency provides proof that encryption isn't inevitable.
Texas Open Government Laws
Your legal tools for fighting encryption
Texas Public Information Act (TPIA)
Gov't Code Ch. 552Texas's version of FOIA. Use it to request encryption costs, decision memos, and officer safety incident documentation.
- Response deadline: 10 business days
- Appeal to: Texas Attorney General
- No fee for first 50 pages in many jurisdictions
- Expedited requests: Available for media
Texas Open Meetings Act (TOMA)
Gov't Code Ch. 551Requires public notice and open deliberation for government decisions. If encryption was decided behind closed doors, it may have violated TOMA.
- 72-hour notice required for meetings
- Public comment must be allowed
- Executive session rules are strict
- Violation remedy: Decision can be voided
Key tactic: If your city encrypted without a public vote, research whether TOMA was violated. Brazos County's sudden encryption may have violated these requirements.
Sample Texas Public Information Act Request
To: [City/County] Public Information Officer
Subject: Texas Public Information Act Request - Police Radio Encryption
Pursuant to the Texas Public Information Act (Government Code Chapter 552), I request copies of the following records:
- All documented incidents from January 1, 2019 to present where police scanner access resulted in officer injury, suspect escape, or operational compromise in [Jurisdiction].
- All budget documents, vendor quotes, contracts, and cost estimates related to police radio encryption systems.
- All internal communications (emails, memos, meeting minutes) regarding police radio encryption decisions.
- Any policies or procedures regarding media access to police communications.
If any records are withheld, please cite the specific TPIA exception and request an Attorney General opinion as required by Section 552.301.
I request electronic delivery to [email] to minimize costs.
Key Texas Contacts
Who to call, write, and visit
Texas State Legislature
State law could require transparency policies statewide, like Colorado HB21-1250.
Find Your State Rep
Texas House of Representatives
Website: house.texas.gov
Phone: (512) 463-0845
Use the "Who Represents Me?" tool to find your specific representative.
Find Your State Senator
Texas Senate
Website: senate.texas.gov
Phone: (512) 463-0001
Request a meeting when they're in-district during session breaks.
Key Committees to Contact
- House Homeland Security & Public Safety - Jurisdiction over law enforcement policy
- Senate Criminal Justice - Police accountability and policy issues
- House Appropriations - Control state funding that could incentivize transparency
Texas Media Organizations
Media organizations have fought encryption nationally. Texas broadcasters have particular influence.
Texas Association of Broadcasters
Represents 800+ radio and TV stations across Texas.
Website: tab.org
Location: Austin, TX
TAB has lobbied on press access issues. They can mobilize stations across Texas.
Texas Press Association
Represents newspapers and digital news outlets.
Website: texaspress.com
Can coordinate editorial board meetings and statewide coverage.
Local Government
Encryption decisions happen locally. County commissioners and city councils are your primary targets.
County Commissioners Court
Controls county sheriff budgets and policies.
Find your county commissioners court meeting schedule on your county website. They typically meet twice monthly.
City Council
Controls municipal police budgets and can set transparency requirements.
Sign up for agenda notifications. Encryption often appears under "communications" or "public safety" budget items.
Success Story: San Antonio
How Texas's 7th largest city stayed open
Why San Antonio Works
San Antonio Police Department operates on a modern P25 digital system but keeps dispatch channels accessible. The department has maintained this policy despite pressure from surrounding jurisdictions that have encrypted.
Key Factors
- Strong media relationships: San Antonio TV stations maintain working relationships with SAPD and have advocated for continued access.
- Military City presence: With multiple military bases, San Antonio has a tradition of balancing security with community relations.
- Community policing emphasis: SAPD leadership has emphasized transparency as part of community trust-building.
- No major incidents cited: SAPD has not documented scanner-related officer safety incidents, undermining encryption arguments.
What San Antonio Can Teach Your City
When officials claim encryption is necessary, point to San Antonio. It's proof that a major city with serious crime challenges can maintain open communications. Ask your police chief: "If San Antonio doesn't need full encryption, why does [your city]?"
San Antonio Media Access Program
San Antonio has maintained informal media access agreements that allow accredited journalists to monitor police communications for breaking news coverage.
How It Works
- Local TV and radio stations maintain scanner monitoring capabilities
- Breaking news coverage reaches viewers within minutes
- Mutual understanding between SAPD and press corps
Advocacy angle: Propose a similar media access program in your jurisdiction. Even if full public access isn't preserved, ensuring press access maintains accountability.
Legislative Approach for Texas
Building toward statewide protections
Model: Colorado HB21-1250
In 2021, Colorado passed the first statewide law requiring police encryption policies to include media access provisions. Texas could pass similar legislation.
Key Provisions to Propose
- Require public notice before any encryption decision
- Mandate public hearing with community input
- Require media access provisions for any encrypted system
- Annual reporting on encryption costs and impact
- Interoperability assessment with fire/EMS
Texas-Specific Arguments
Frame legislation around Texas values:
- Local control: Don't let police chiefs unilaterally override community transparency preferences
- Fiscal responsibility: Encryption costs millions with no documented benefit
- Emergency preparedness: Hurricane, tornado, and wildfire response requires coordinated communications
- Small government: Encryption expands government secrecy without accountability
2025 Session Timing
Texas Legislature meets in odd-numbered years (January-May). The 89th Legislature convenes in January 2025.
Key Dates
- Bill filing: November 2024 - March 2025
- Committee hearings: March - April 2025
- Floor votes: April - May 2025
- Veto deadline: June 2025
Start building relationships with legislators NOW for the 2027 session.
Local Actions
What you can do in your Texas community
City Council Engagement
Before an Encryption Proposal
- Attend budget hearings and ask about communications systems
- Request meetings with council members to discuss transparency
- Submit written comments supporting open communications
- Propose a resolution affirming commitment to public scanner access
If Encryption Is Proposed
- File TPIA requests for all encryption-related documents
- Demand a public hearing before any vote
- Organize testimony from diverse stakeholders
- Propose hybrid alternative: open dispatch, encrypted tactical
Texas City Council Testimony Tips
Most Texas cities allow 3-minute public comments. Practice your testimony to fit the time. Bring written copies for council members.
County Commissioner Meetings
Why County Matters
Texas sheriffs often make encryption decisions without county commissioner approval. But commissioners control the budget. No budget approval = no encryption.
Key Actions
- Attend commissioners court meetings (typically every two weeks)
- Review county budget for radio system line items
- Request meeting with your precinct commissioner
- File TPIA requests with both sheriff AND county
The Budget Lever
Encryption requires expensive equipment upgrades. If commissioners haven't explicitly approved encryption funding, question whether the sheriff has authority to proceed.
Texas Public Information Act Guidance
File These Requests First
- Scanner harm documentation: "All documented incidents where scanner access caused officer harm" - expect "no responsive records"
- Encryption costs: Budget documents, vendor quotes, maintenance contracts
- Decision process: Emails and memos about encryption planning
Texas-Specific TPIA Tips
- 10 business days: Agency must respond within 10 days or request AG opinion
- Attorney General appeals: If denied, agency must seek AG ruling; you can submit brief
- No "ongoing investigation" blanket: Texas requires specific exemption citations
- Narrowing requests: Agencies may ask you to narrow broad requests; negotiate
AG Opinion Process
If an agency withholds records, they must request an Attorney General opinion within 10 days. You have the right to submit arguments to the AG. Many withholdings are overturned on appeal.
Texas Media Contacts & Allies
Build your coalition
Media Organizations
Texas Association of Broadcasters (TAB)
800+ TV and radio stations. They lobbied for press freedom legislation and can mobilize member stations.
Ask TAB to issue statement supporting scanner access.
Texas Press Association
Newspaper and digital news advocacy. Can coordinate editorial board support.
Request op-ed placement in member publications.
Local TV News Directors
Contact news directors at your local stations. They lose breaking news capability when encryption happens.
Pitch the story: "City planning to block your ability to cover breaking news."
Civil Liberties & Advocacy
ACLU of Texas
Has advocated on police accountability issues. May provide legal guidance or coalition support.
Website: aclutx.org
Texas Civil Rights Project
Works on police accountability and government transparency issues.
Website: texascivilrightsproject.org
Freedom of Information Foundation of Texas
Advocates for open government and public records access.
Website: foift.org
Fire/EMS Allies
Texas Fire Chiefs Association
Fire chiefs have interoperability concerns when police encrypt without coordination.
Contact your local fire chief about encryption's impact on multi-agency response.
Texas State Association of Fire Fighters
Union can provide political support and public credibility.
Frame as public safety coordination issue, not political.
Texas-Specific Resources
Everything you need to fight encryption in Texas
TPIA Templates
Texas-ready public records requests
Texas Encryption Status
Which Texas agencies are encrypted
Testimony Scripts
Ready for city council or commissioners
Brazos County Case
How not to handle encryption
Hybrid Alternatives
Proposals officials can accept
90-Day Campaign
Complete action timeline
Texas Government Quick Links
- Find Your Legislators: capitol.texas.gov/Home.aspx (use "Who Represents Me?")
- Texas Attorney General: texasattorneygeneral.gov (TPIA appeals)
- County Government Directory: county.org (Texas Association of Counties)
- Texas Municipal League: tml.org (city government resources)
Take Action for Transparency
Your voice matters. Here are concrete ways to advocate for open police communications in your community.
Contact Your Representatives
Use our templates to email your local officials about police radio encryption policies.
Get StartedRead Case Studies
See how encryption has affected real communities - from Highland Park to Chicago.
View CasesSpread Awareness
Share evidence about police radio encryption with your network and community.
Public Testimony
Learn how to speak effectively at city council and public safety meetings.
Prepare to Speak