(1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a).
(2) "Race or ethnicity" has the meaning assigned by Article 2.132(a).
(b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency.
(c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include:
(1) a comparative analysis of the information compiled under Article 2.133 to:
(A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities;
(B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and
(C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and
(2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.
(d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1).
(e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article.
(f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.
(g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03, eff. September 1, 2017.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 2 - General Duties of Officers
Article 2.01. Duties of District Attorneys
Article 2.02. Duties of County Attorneys
Article 2.021. Duties of Attorney General
Article 2.022. Assistance of Texas Rangers
Article 2.023. Notification to Texas Department of Criminal Justice
Article 2.024. Tracking Use of Certain Testimony
Article 2.025. Special Duty of District or County Attorney Relating to Child Support
Article 2.04. Shall Draw Complaints
Article 2.05. When Complaint Is Made
Article 2.06. May Administer Oaths
Article 2.07. Attorney Pro Tem
Article 2.09. Who Are Magistrates
Article 2.10. Duty of Magistrates
Article 2.12. Who Are Peace Officers
Article 2.121. Railroad Peace Officers
Article 2.122. Special Investigators
Article 2.123. Adjunct Police Officers
Article 2.124. Peace Officers From Adjoining States
Article 2.125. Special Rangers of Texas and Southwestern Cattle Raisers Association
Article 2.127. School Marshals
Article 2.13. Duties and Powers
Article 2.1305. Carrying Weapon on Certain Premises
Article 2.131. Racial Profiling Prohibited
Article 2.132. Law Enforcement Policy on Racial Profiling
Article 2.133. Reports Required for Motor Vehicle Stops
Article 2.134. Compilation and Analysis of Information Collected
Article 2.137. Provision of Funding or Equipment
Article 2.1386. Eyewitness Identification Protocols
Article 2.1387. Intervention Required for Excessive Force; Report Required
Article 2.139. Reports Required for Officer-Involved Injuries or Deaths
Article 2.1395. Reports Required for Certain Injuries or Deaths of Peace Officers
Article 2.1396. Video Recordings of Arrests for Intoxication Offenses
Article 2.1397. Duties of Law Enforcement Agency Filing Case
Article 2.15. Person Refusing to Aid
Article 2.16. Neglecting to Execute Process
Article 2.17. Conservator of the Peace
Article 2.18. Custody of Prisoners
Article 2.19. Report as to Prisoners
Article 2.195. Report of Warrant or Capias Information
Article 2.211. Hate Crime Reporting
Article 2.212. Writ of Attachment Reporting
Article 2.22. Power of Deputy Clerks
Article 2.23. Report to Attorney General
Article 2.24. Authenticating Officer
Article 2.25. Reporting Certain Aliens to Federal Government
Article 2.251. Duties Related to Immigration Detainer Requests
Article 2.26. Digital Signature and Electronic Documents
Article 2.27. Investigation of Certain Reports Alleging Abuse
Article 2.271. Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation
Article 2.272. Law Enforcement Response to Child Safety Check Alert
Article 2.273. Release of Child by Law Enforcement Officer
Article 2.28. Duties Regarding Misused Identity
Article 2.30. Report Concerning Certain Assaultive or Terroristic Offenses
Article 2.305. Report Required Concerning Human Trafficking Cases
Article 2.32. Electronic Recording of Custodial Interrogations
Article 2.33. Use of Neck Restraints During Search or Arrest Prohibited
Article 2.33. Duty to Request and Render Aid
Article 2.33. Law Enforcement Policy on Use of Force by Drone