Tex.
Code of Crim. Proc. Article 2B.0053
Law Enforcement Policy on Racial Profiling
(a)
In this article, “law enforcement agency” means an agency of this state, or of a county, municipality, or other political subdivision of this state, that employs peace officers who make motor vehicle stops in the routine performance of the officers’ official duties.(b)
Each law enforcement agency shall adopt a detailed written policy on racial profiling. The policy must:(1)
clearly define acts constituting racial profiling;(2)
strictly prohibit peace officers employed by the agency from engaging in racial profiling;(3)
implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual;(4)
provide public education relating to the agency’s compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer;(5)
require the agency employing a peace officer to take appropriate corrective action against the peace officer after an investigation shows that the peace officer has engaged in racial profiling in violation of the agency’s policy adopted under this article;(6)
require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to:(A)
the race or ethnicity of the individual detained;(B)
whether a search was conducted and, if so, whether the individual detained consented to the search;(C)
whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual;(D)
whether the peace officer used physical force that resulted in bodily injury during the stop;(E)
the location of the stop; and(F)
the reason for the stop; and(7)
require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to:(A)
the commission; and(B)
the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of this state.(c)
On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which there is a video or audio recording of the occurrence that is the basis for the complaint, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer for a copy of the recording.(d)
A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in the agency’s practices and policies regarding motor vehicle stops.(e)
A report required under Subsection (b)(7) 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 collection of information required by a policy under Subsection (b)(6).(f)
The commission shall begin disciplinary procedures against the chief administrator of a law enforcement agency if the commission finds that the chief administrator intentionally failed to submit a report required under Subsection (b)(7).
Source:
Article 2B.0053 — Law Enforcement Policy on Racial Profiling, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2B.htm#2B.0053 (accessed May 4, 2024).
