HomeMy WebLinkAbout02/25/2021 - Workshop Agenda Packet - City CouncilCollege Station, TX
Meeting Agenda
City Council Workshop
Internet: https://zoom.us/j/93583547898
*Phone: 888 475 4499 And Webinar ID: 935 8354 7898
February 25, 2021 3:30 PM 1101 Texas Ave, College Station,
TX 77840
College Station, TX Page 1
*The City uses a thirdparty vendor to help host the meeting and if the callin number is not
functioning access will be through the internet link only.
1.Call to Order.
2.Executive Session is closed to the public and will be held in the Council Chambers. The
open meeting will resume no earlier than 5:00 pm.
Consultation with Attorney {Gov’t Code Section 551.071};
Possible action. The City Council may seek advice from its attorney regarding a pending or
contemplated litigation subject or settlement offer or attorneyclient privileged information. Litigation
is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which
needs to be discussed with the City Council. Upon occasion the City Council may need information
from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or
attorneyclient privileged information. After executive session discussion, any final action or vote
taken will be in public. The following subject(s) may be discussed.
Litigation
a.Kathryn A. SteverHarper as Executrix for the Estate of John Wesley Harper v. City of College
Station and Judy Meeks; No. 15,977PC in the County Court No. 1, Brazos County, Texas
b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17
000914CV361; In the 361st District Court, Brazos County, Texas
c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of
Susan M. Wood, Deceased; Cause No. 17002742CV361; In the 361st District Court, Brazos
County, Texas
Legal Advice
a.Legal advice concerning requirements under the Interlocal Cooperation and Joint Development
Agreement between the City of College Station and the City of Bryan related to the Chapter 380
agreement between the City of Bryan, Bryan Commerce & Development, Inc., Bryan/Traditions, LP,
and Traditions Acquisition Partnership, LP.
Personnel {Gov’t Code Section 551.074};
Possible action. The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion,
any final action or vote taken will be in public. The following public officer(s) may be discussed:
a.City Manager
b.Council SelfEvaluation
Page 1 of 87
City Council Workshop
Page 2 February 25, 2021
Competitive Matters {Gov't Code Section 551.086);
Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as
that term is defined in Gov't Code Section 552.133 in closed session. The following is a general
representation of the subject matter to be considered:
a. Power Supply
3.Reconvene from Executive Session and take action, if any.
4.Presentation, discussion, and possible action on items listed on the consent agenda.
5.Workshop Agenda
Speaker Protocol: An individual who wishes to address the City Council regarding any item on the
agenda other than those items posted for Executive Session shall register with the City Secretary
two (2) hours prior to the meeting being called to order. Individuals must register to speak or provide
written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number
by calling 9797643500. Upon being called to speak an individual must state their name and city of
residence, including the state of residence if the city is located out of state. Speakers are
encouraged to identify their College Station neighborhood or geographic location. Each speaker’s
remarks are limited to three (3) minutes. Any speaker addressing the Council through the use of a
translator may speak for six (6) minutes. At the (3) minute mark the City Secretary will announce that
the speaker must conclude their remarks.
5.1.Presentation, discussion, and possible action regarding the annual traffic contact report
required by Senate Bill 1074 of the Texas 77th legislative session.
Sponsors:Billy Couch
Attachments:1.College Station Racial Profiling Report 2020
5.2.Presentation, discussion, and possible action on the methodology of the subsidy and recovery
policies of parks user fees.
Sponsors:Steve Wright
Attachments:None
6.Council Calendar Council may discuss upcoming events.
Page 2 of 87
City Council Workshop
Page 3 February 25, 2021
7.Discussion, review, and possible action regarding the following meetings:
Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit
Committee, Bicycle, Pedestrian, and Greenways Advisory Board, BioCorridor Board of Adjustments,
Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic
Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance
Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits
Committee, Comprehensive Plan Evaluation Committee, Experience BryanCollege Station, Design
Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief
Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning
Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission,
Research Valley Technology Council, Regional Transportation Committee for Council of
Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation
and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor,
YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.)
8.Adjourn.
The City council may adjourn into Executive Session to consider any item listed on the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted on the website and at College Station City
Hall, 1101 Texas Avenue, College Station, Texas, on February 19, 2021 at 5:00 p.m.
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
readers, or large print are asked to contact the City Secretary’s Office at (979) 7643541, TDD
at 18007352989, or email adaassistance@cstx.gov at least two business days prior to the
meeting so that appropriate arrangements can be made. If the City does not receive
notification at least two business days prior to the meeting, the City will make a reasonable
attempt to provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al
aire libre con licencia), personas con licencia bajo del SubCapitulo H, Capitulo
Page 3 of 87
City Council Workshop
Page 4 February 25, 2021
411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta
propiedad portando arma de mano al aire libre.”
Page 4 of 87
February 25, 2021
Item No. 5.1.
2020 Annual Traffic Contact Report
Sponsor:Billy Couch, Assistant Chief of Police
Reviewed By CBC:City Council
Agenda Caption:Presentation, discussion, and possible action regarding the annual traffic contact
report required by Senate Bill 1074 of the Texas 77th legislative session.
Relationship to Strategic Goals:
Core Services and Infrastructure
Recommendation(s): This item is presented according to statutory requirements. Staff requests
Council's acceptance of this report.
Summary: Each year, in an effort to remain transparent to our community, the police department
employs an independent consultant to analyze traffic contact data and develop this report. The
report indicates that the department is in compliance with state law and continues to employ best
practice strategies.
Since January 1, 2002, the College Station Police Department, in accordance with Texas Racial
Profiling Law (SB No. 1074), has been required to implement and mandate policy and procedures to
satisfy the requirements of the law. This report indicates that we are in compliance with the law.
Budget & Financial Summary: N/A
Reviewed & Approved by Legal: No
Attachments:
1.College Station Racial Profiling Report 2020
Page 5 of 87
RACI AL PROFI LI NG REPORT
2020
College Station POLICE DEPARTMENT
SANDRA BLAND ACTPage 6 of 87
"Dr. Alex del Carmen's work on racial
profiling exemplifies the very best of
the Sandra Bland Act, named after my
daughter. My daughter's pledge to
fight for injustice is best represented
in the high quality of Dr. del Carmen's
reports which include, as required by
law, the data analysis, audits, findings
and recommendations. I commend the
agencies that work with him as it is
clear that they have embraced
transparency and adherence to the
law."
-Quote by Geneva Reed (M other of Sandra Bland)
Page 7 of 87
2
Page 8 of 87
Lorem ipsum dolor sit amet, consetetur sadipscing
elitr, sed diam nonumy eirmod tempor invidunt ut
PAGE 6
This particular report contains three sections with information on motor vehicle-related contact
data. In addition, when appropriate, documentation is also a component of this report, aiming at
demonstrating the manner in which the College Station Police Department has complied with the Texas
Racial Profiling Law. In section 1, you will find the table of contents in addition to the Texas Senate Bill
(SB1074); which later became the Texas Racial Profiling Law. Further, you will find the Texas HB 3389,
which, in 2009, introduced new requirements relevant to racial profiling as well as the Sandra Bland
Act.Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCOLE
(Texas Commission on Law Enforcement) is included. In addition, you will find, in sections 2 and 3
documentation which demonstrates compliance by the College Station Police Department relevant to the
requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to
the implementation of an institutional policy banning racial profiling, the incorporation of a racial profiling
complaint process and the training administered to all law enforcement personnel.
The last section of this report includes statistical data relevant to contacts, made during the course of
motor vehicle stops and in accordance with the law, between 1/1/20 and 12/31/20. In addition, this section
contains the TCOLE Tier 2 form, which is required to be submitted to this particular organization by March
1st of each year. The data in this report has been analyzed and compared to data derived from the U.S.
Census Bureau?s Fair Roads Standard. The final analysis and recommendations are also included in this
report. The findings in this report serve as evidence of the College Station Police Department?s
commitment to comply with the Texas Racial Profiling Law.
Sincerely,
Alex del Carmen, Ph.D.
Dear Distinguished Members of the City Council,
The Texas Legislature, with the intent of addressing the
issue of racial profiling in policing, enacted in 2001, the Texas
Racial Profiling Law. During the past year, the College Station
Police Department, in accordance with the law, has collected and
reported motor vehicle-related contact data for the purpose of
identifying and addressing (if necessary) areas of concern
regarding racial profiling practices. In the 2009 Texas legislative
session, the Racial Profiling Law was modified and additional
requirements were implemented. Moreover, in 2017, the Sandra
Bland Act was passed and signed into law (along with HB 3051
which introduced new racial and ethnic designations). The Sandra
Bland Law requires that law enforcement agencies in the state
collect additional data and provide a more detailed analysis. All of
these requirements have been met by the College Station Police
Department and are included in this report.
1
February 11, 2021
College Station City Council
2611 Texas Avenue
College Station, Texas 77840
Page 9 of 87
4
HEAD
LINEby author
Table of Contents
Introduction
Letter to Council Members 1
Table of Contents 2
Responding to the Law
Public Education on Filing Compliments and Complaints 4
Racial Profiling Course Number 3256 5
Reports on Compliments and Racial Profiling Complaints 11
Tier 2 Data (Includes tables)15
Analysis and Interpretation of Data
Tier 2 Motor Vehicle-Related Contact Analysis 31
Comparative Analysis 31
Summary of Findings 32
Checklist 34
Legislative and Administrative Addendum
TCOLE Guidelines 37
The Texas Law on Racial Profiling 42
Modifications to the Original Law 49
Racial and Ethnic Designations 57
The Sandra Bland Act 58
College Station Police Department Racial Profiling Policy 73
2
Page 10 of 87
Responding to
the Law
333
Page 11 of 87
6
Informing the Public on the Process of Filing a Compliment
or Complaint with the College Station Police Department
The Texas Racial Profiling Law requires that police agencies provide information to the public
regarding the manner in which to file a compliment or racial profiling complaint. In an effort to
comply with this particular component, the College Station Police Department launched an
educational campaign aimed at informing the public on issues relevant to the racial profiling
complaint process.
The police department made available, in the lobby area and on its web site, information relevant to
filing a compliment and complaint on a racial profiling violation by a College Station Police officer. In
addition, each time an officer issues a citation, ticket or warning, information on how to file a
compliment or complaint is given to the individual cited. This information is in the form of a web
address (including in the document issued to the citizen), which has instructions and details specifics
related to the compliment or complaint processes.
It is believed that through these efforts, the community has been properly informed of the new
policies and the complaint processes relevant to racial profiling.
All College Station Police officers have been instructed, as specified in the Texas Racial Profiling Law,
to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement
Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the College
Station Police Department have completed the TCOLE basic training on racial profiling. The main
outline used to train the officers of College Station has been included in this report.
It is important to recognize that the Chief of the College Station Police Department has also met the
training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT
program on racial profiling. The satisfactory completion of the racial profiling training by the sworn
personnel of the College Station Police Department fulfills the training requirement as specified in the
Education Code (96.641) of the Texas Racial Profiling Law.
Public Education on Filing
Compliments and Complaints
4
Page 12 of 87
Racial Profiling 3256
Instructor's Note:
You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject
matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may
report it under Combined Profiling and Forfeiture 3257 to reduce data entry.
Abstract
This instructor guide is designed to meet the educational requirement for racial profiling established by
legislative mandate: 77R-SB1074.
Target Population: Licensed law enforcement personnel in Texas
Prerequisites: Experience as a law enforcement officer
Length of Course: A suggested instructional time of 4 hours
Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts,
practical exercises, and demonstrations
Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law
enforcement issues
Evaluation Process and Procedures
An examination should be given. The instructor may decide upon the nature and content of the examination. It
must, however, sufficiently demonstrate the mastery of the subject content by the student.
Reference Materials
Reference materials are located at the end of the course. An electronic copy of this instructor guide may be
downloaded from our web site at http://www.tcleose.state.tx.us.
7
Racial Profiling
Course Number 3256
Texas Commission on Law Enforcement
September 2001
3
5
Page 13 of 87
8
5
Racial Profiling 3256
1.0 RACIAL PROFILING AND THE LAW
1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling.
1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative
requirements placed upon peace officers and law enforcement agencies regarding racial
profiling.
Racial Profiling Requirements:
Racial profiling CCP 3.05
Racial profiling prohibited CCP 2.131
Law enforcement policy on racial profiling CCP 2.132
Reports required for traffic and pedestrian stops CCP 2.133
Liability CCP 2.136
Racial profiling education for police chiefs Education Code 96.641
Training program Occupations Code 1701.253
Training required for intermediate certificate Occupations Code 1701.402
Definition of "race or ethnicity" for form Transportation Code 543.202
A. Written departmental policies
1. Definition of what constitutes racial profiling
2. Prohibition of racial profiling
3. Complaint process
4. Public education
5. Corrective action
6. Collection of traffic-stop statistics
7. Annual reports
B. Not prima facie evidence
C. Feasibility of use of video equipment
D. Data does not identify officer
E. Copy of complaint-related video evidence
to officer in question
F. Vehicle stop repor t
1. Physical description of detainees:
gender, race or ethnicity
2. Alleged violation
3. Consent to search
4. Contraband
5. Facts supporting probable cause
6. Arrest
7. Warning or citation issued
G. Compilation and analysis of data
H. Exemption from reporting ? audio/video
equipment
I. Officer non-liability
J. Funding
K. Required training in racial profiling
1. Police chiefs
2. All holders of intermediate certificates and/or
two-year-old licenses as of 09/01/2001 (training to be
completed no later than 09/01/2003) ? see
legislation 77R-SB1074
86
Page 14 of 87
1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court
decisions and other court decisions involving appropriate actions in traffic stops.
A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996)
1. Motor vehicle search exemption
2. Traffic violation acceptable as pretext for further investigation
3. Selective enforcement can be challenged
B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968)
1. Stop & Frisk doctrine
2. Stopping and briefly detaining a person
3. Frisk and pat down
C. Other cases
1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977)
2. Maryland v. Wilson, 117 S.Ct. 882 (1997)
3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998)
4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998)
5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999)
6. New York v. Belton, 453 U.S. 454 (1981)
9
Racial Profiling
Course Number 3256
Texas Commission on Law Enforcement
September 2001
7
Page 15 of 87
10
5
B. Racial profiling would result in criminal arrests, but only because it would target all members of a race
randomly ? the minor benefits would be far outweighed by the distrust and anger towards law
enforcement by minorities and the public as a whole .
C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then
you might look for more minority criminals, and find them in disproportionate numbers.
D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops
more volatile ? a racially-based stop today can throw suspicion on tomorrow's legitimate stop.
E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all
races and backgrounds ? it is a waste of law enforcement resources.
2.0 RACIAL PROFILING AND THE COMMUNITY
2.1 UNIT GOAL: The student will be able to
identify logical and social arguments against
racial profiling.
2.1.1 LEARNING OBJECTIVE: The student will
be able to identify logical and social
arguments against racial profiling.
A. There are appropriate reasons for unusual traffic
stops (suspicious behavior, the officer's intuition,
MOs, etc.), but police work must stop short of
cultural stereotyping and racism.
8
Page 16 of 87
3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION
3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate
and appropriate traffic stops.
3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially
motivated traffic stop.
A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate
substitute for drug courier profile elements
B. "DWB" ? "Driving While Black" ? a nickname for the public perception that a Black person may be
stopped solely because of their race (especially with the suspicion that they are a drug courier), often
extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.)
C. A typical traffic stop resulting from racial profiling
1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext
for closer inspection of the vehicle, driver, and passengers
2. The driver and passengers are questioned about things that do not relate to the traffic violation
3. The driver and passengers are ordered out of the vehicle
4. The officers visually check all observable parts of the vehicle
5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and
passengers by the roadside
6. The driver is asked to consent to a vehicle search ? if the driver refuses, the officers use other
procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate
the driver (with the threat of detaining him/her, obtaining a warrant, etc.)
11
Racial Profiling
Course Number 3256
Texas Commission on Law Enforcement
September 2001
9
Page 17 of 87
12
5
3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop
which would constitute reasonable suspicion of drug courier activity.
A. Drug courier profile (adapted from a profile developed by the DEA)
1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles
2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.)
3. Vehicle is rented
4. Driver is a young male, 20-35
5. No visible luggage, even though driver is traveling
6. Driver was over-reckless or over-cautious in driving and responding to signals
7. Use of air fresheners
B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop
3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop
which could constitute reasonable suspicion of criminal activity.
A. Thinking about the totality of circumstances in a vehicle stop
B. Vehicle exterior
1. Non-standard repainting (esp. on a new vehicle)
2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.)
3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.)
4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.)
C. Pre-stop indicators
1. Not consistent with traffic flow
2. Driver is overly cautious, or driver/passengers repeatedly look at police car
3. Driver begins using a car- or cell-phone when signaled to stop
4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.)
D. Vehicle interior
1. Rear seat or interior panels have been opened, there are tools or spare tire, etc.
2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.)
Resources
Proactive Field Stops Training Unit ? Instructor's Guide, Maryland Police and Correctional Training
Commissions, 2001. (See Appendix A.)
Web address for legislation 77R-SB1074: http://tlo2.tlc.state.tx.us/tlo/77r/billtext/SB01074F.htm
1210
Page 18 of 87
Report on Compliments
and Racial Profiling
Complaints
11
Page 19 of 87
14Report on Complaints
The following table contains data regarding officers that have been the subject of a complaint,
during the time period of 1/1/20 - 12/31/20, based on allegations outlining possible violations
related to the Texas Racial Profiling Law. The final disposition of the case is also included.
A check above indicates that the College Station Police Department has not received any
complaints, on any members of its police force, for having violated the Texas Racial Profiling Law
during the time period of 1/1/20 - 12/31/20.
Complaints Filed for Possible Violations of The Texas Racial Profiling Law
Complaint
Number
Alleged Violation Disposition of the Case
Additional Comments:
1412
Page 20 of 87
Tables Illustrating
Motor Vehicle- Related
Contacts
13
Page 21 of 87
16
7
5
16
Tier 2 Data
14
Page 22 of 87
TIER 2 DATA
TOTAL STOPS: 18,969
RACE OR ETHNICITY
Alaska Native/American Indian 779
Asian/Pacific Islander 155
Black 3,419
White 11,938
Hispanic/Latino 2,678
WAS RACE OR ETHNICITY KNOWN PRIOR
TO STOP?
Yes 767
No 18,202
STREET ADDRESS OR APPROXIMATE
LOCATION OF STOP.
City Street 17,525
US Highway 0
County Road 0
State Highway 1,351
Private Property 93
GENDER
Female Total: 7,966
Alaska Native/American Indian 263
Asian/Pacific Islander 42
Black 1,402
White 5,272
Hispanic/Latino 987
Male Total: 11,003
Alaska Native/American Indian 516
Asian/Pacific Islander 113
Black 2,017
White 6,666
Hispanic/Latino 1,691
REASON FOR STOP?
Violation of Law Total: 466
Alaska Native/American Indian 10
Asian/Pacific Islander 2
Black 109
White 266
Hispanic/Latino 79
Pre-existing Knowledge Total: 110
Alaska Native/American Indian 1
Asian/Pacific Islander 1
Black 25
White 61
Hispanic/Latino 22
Moving Traffic Violation Total: 15,616
Alaska Native/American Indian 674
Asian/Pacific Islander 118
Black 2,611
White 10,013
Hispanic/Latino 2,200
Tables Illustrating Motor Vehicle-Related Contacts
TIER 2 DATA continued
1115
Page 23 of 87
18
Tables Illustrating Motor Vehicle-Related Contacts
TIER 2 DATA continued
Vehicle Traffic Violation Total: 2,777
Alaska Native/American Indian 94
Asian/Pacific Islander 34
Black 674
White 1,598
Hispanic/Latino 377
WAS SEARCH CONDUCTED?
REASON FOR SEARCH?
Consent Total: 182
Alaska Native/American Indian 1
Asian/Pacific Islander 0
Black 59
White 99
Hispanic/Latino 23
Contraband (in plain view) Total: 8
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 5
Hispanic/Latino 3
Probable Cause Total: 351
Alaska Native/American Indian 0
Asian/Pacific Islander 2
Black 186
White 107
Hispanic/Latino 56
Inventory Total: 9
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 1
White 8
Hispanic/Latino 0
Incident to arrest Total : 16
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 6
White 6
Hispanic/Latino 4
5
1216
YES NO
Alaska Native/American Indian 1 778
Asian/Pacific Islander 2 153
Black 252 3,167
White 225 11,713
Hispanic/Latino 86 2,592
TOTAL 566 18,403
Page 24 of 87
1117
Tables Illustrating Motor Vehicle-Related Contacts
TIER 2 DATA continued
Tables Illustrating Motor Vehicle-Related Contacts
TIER 2 DATA continued
WAS CONTRABAND DISCOVERED?
Did the finding result in arrest (total should
equal previous column)?
YES NO
Alaska Native/American Indian 0 0
Asian/Pacific Islander 0 2
Black 61 83
White 39 77
Hispanic/Latino 16 33
TOTAL 116 195
DESCRIPTION OF CONTRABAND
Drugs Total: 192
Alaska Native/American Indian 0
Asian/Pacific Islander 2
Black 112
White 50
Hispanic/Latino 28
Weapons Total: 2
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 1
White 1
Hispanic/Latino 0
Currency Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Alcohol Total: 40
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 9
White 17
Hispanic/Latino 14
YES NO
Alaska Native/American Indian 0 1
Asian/Pacific Islander 2 0
Black 144 108
White 116 109
Hispanic/Latino 49 37
TOTAL 311 255
Page 25 of 87
20
5
1218
Tables Illustrating Motor Vehicle-Related Contacts
TIER 2 DATA continued
Stolen Property Total: 2
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 1
Hispanic/Latino 1
Other Total: 75
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 22
White 47
Hispanic/Latino 6
RESULT OF THE STOP
Verbal Warning Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Written Warning Total: 12,372
Alaska Native/American Indian 113
Asian/Pacific Islander 483
Black 2,288
White 7,925
Hispanic/Latino 1,563
Citation Total: 6,264
Alaska Native/American Indian 42
Asian/Pacific Islander 296
Black 986
White 3,877
Hispanic/Latino 1,063
Written Warning and Arrest Total: 272
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 117
White 111
Hispanic/Latino 44
Citation and Arrest Total: 61
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 28
White 25
Hispanic/Latino 8
Arrest Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Page 26 of 87
Tables Illustrating Motor Vehicle-Related Contacts
TIER 2 DATA continued
ARREST BASED ON
Violation of Penal Code Total: 232
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 87
White 111
Hispanic/Latino 34
Violation of Traffic Law Total: 5
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 3
White 2
Hispanic/Latino 0
Violation of City Ordinance Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Outstanding Warrant Total: 96
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 55
White 23
Hispanic/Latino 18
WAS PHYSICAL FORCE RESULTING IN
BODILY INJURY USED DURING STOP?
Yes Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
No Total: 18,969
Alaska Native/American Indian 779
Asian/Pacific Islander 155
Black 3,419
White 11,938
Hispanic/Latino 2,678
NUMBER OF COMPLAINTS OF RACIAL
PROFILING
Total 0
Resulted in disciplinary action 0
Did not result in disciplinary action 0
1119
Page 27 of 87
22
5
1220
Page 28 of 87
Table 1. Motor Vehicle Contacts Including Tickets, Citations and Warnings. (1/1/20-12/31/20)
Race/Ethnicity All Motor
Vehicle
Contacts
Tickets or
Citations*
Verbal
Warnings
Written
Warnings
*Includes stops for alleged violation of a law or ordinance, tickets/citations, and verbal and written
warnings
?N?represents?number?of all motor vehicle-related contacts
** Race/Ethnicity is defined by HB 3051
N %N %N %N %
Alaska Native or
American Indian
779 4 42 1 0 0 113 1
Asian or Pacific Islander 155 1 296 5 0 0 483 4
Black 3,419 18 1,014 16 0 0 2,405 19
White 11,938 63 3,902 62 0 0 8,036 64
Hispanic or Latino 2,678 14 1,071 17 0 0 1,607 13
TOTAL 18,969 100 6,325 100 0 0 12,644 100
21
Page 29 of 87
24
7
5
22
Race/Ethnicity*Contacts
(in percentages)
Households With
Vehicle Access
(in percentages)
Alaska Native or American Indian 4 0
Asian or Pacific Islander 1 9
Black 18 5
White 63 74
Hispanic or Latino 14 10
TOTAL 100 100
Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison
Comparison of motor vehicle-related contacts with households that have vehicle access (in
percentages). (1/1/2020 -12/31/20)
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Page 30 of 87
23
Table 3. Motor Vehicle Searches and Arrests. (1/1/20-12/31/20)
Race/Ethnicity Searches Consensual
Searches
Custody Arrests
N %N %N %
Alaska Native or American
Indian
1 0 1 1 0 0
Asian or Pacific Islander 2 0 0 0 0 0
Black 252 45 59 32 145 44
White 225 40 99 54 136 41
Hispanic or Latino 86 15 23 13 52 16
TOTAL 566 100 182 100 333 100
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Page 31 of 87
26
7
5
2224
Table 4. Instances Where Peace Officers Used Physical Force that Resulted in Bodily Injury
(1/1/20-12/31/20)
Instances Where Peace
Officers Used Physical Force
that Resulted in Bodily Injury
Location of Stop Reason for Stop
Page 32 of 87
25
Table 5. Search Data (1/1/20-12/31/20)
Race/Ethnicity Searches Contraband/
Evidence
Found
Contraband/
Evidence
Not Found
Arrests
N %N %N %N %
Alaska Native or
American Indian
1 0 0 0 1 0 0 0
Asian or Pacific Islander 2 0 2 1 0 0 0 0
Black 252 45 144 46 108 42 145 44
White 225 40 116 37 109 43 136 41
Hispanic or Latino 86 15 49 16 37 15 52 16
TOTAL 566 100 311 100 255 100 333 100
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Page 33 of 87
28
7
5
Table 6. Report on Audits.
The following table contains data regarding the number and outcome of required data audits
during the period of 1/1/20-12/31/20.
Number of Data
Audits Completed
Date of Completion Outcome of Audit
1 January 20, 2020 Data reviewed is valid and reliable.
2 April 20, 2020 Data reviewed is valid and reliable.
3 August 20, 2020 Data reviewed is valid and reliable.
4 December 20, 2020 Data reviewed is valid and reliable.
Data Audits on Racial Profiling Data
Additional Comments:
2426
Page 34 of 87
27
Table 7. Instances Where Use of Force Was Used Which Caused Bodily Injury During a
Motor Vehicle Contact. (1/1/20-12/31/20)
Race/Ethnicity Use of Force Causing Bodily Injury
N %
Alaska Native or American Indian 0 0
Asian or Pacific Islander 0 0
Black 0 0
White 0 0
Hispanic or Latino 0 0
TOTAL 0 100
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Table 8. Reason for Arrests Resulting From a Motor Vehicle Contact. (1/1/20-12/31/20)
Race/Ethnicity Violation of
Penal Code
Traffic Law City
Ordinance
Outstanding
Warrant
N %N %N %N %
Alaska Native or
American Indian
0 0 0 0 0 0 0 0
Asian or Pacific Islander 0 0 0 0 0 0 0 0
Black 87 38 3 60 0 0 55 57
White 111 48 2 40 0 0 23 24
Hispanic or Latino 34 15 0 0 0 0 18 19
TOTAL 232 100 5 100 0 0 96 100
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Page 35 of 87
30
7
5
2428
Analysis and
Interpretation of Data
Page 36 of 87
In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling
Law. This particular law came into effect on January 1, 2002 and required all police departments
in Texas, to collect traffic-related data and report this information to their local governing
authority by March 1st of each year. In 2009, the racial profiling law was modified to include the
collection and reporting of all motor vehicle related contacts where a citation was issued or
arrest made. In addition, the modification to the law further requires that all police officers
indicate whether or not they knew the race or ethnicity of individuals before detaining them.
Further, it was required that agencies report motor vehicle related data to their local governing
authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1st of each year.
The purpose in collecting and disclosing this information is to determine if police officers in a
particular municipality are engaging in the practice of racially profiling minority motorists.
The Texas Racial Profiling Law also requires police departments to interpret motor
vehicle-related data. Even though most researchers would probably agree with the fact that it is
within the confines of good practice for police departments to be accountable to the citizenry
while carrying a transparent image before the community, it is very difficult to determine if
individual police officers are engaging in racial profiling, from a review and analysis of
aggregate/institutional data. In other words, it is challenging for a reputable researcher to
identify specific ?individual? racist behavior from aggregate-level ?institutional? data on traffic or
motor vehicle-related contacts.
As referenced earlier, in 2009, the Texas Legislature passed House Bill 3389, which modified the
Racial Profiling Law by adding new requirements; this took effect on January 1st, 2010. These
changes included, but are were not limited to, the re-definition of a contact to include motor
vehicles where a citation was issued or an arrest made. In addition, it required police officers to
indicate if they knew the race or ethnicity of the individual before detaining them. Also, the 2009
law required adding "middle eastern" to the racial and ethnic category and submitting the annual
data report to TCOLE before March 1st of each year.
In 2017, the Texas Legislators passed H.B. 3051 which removed the Middle Eastern data
requirement while standardizing the racial and ethnic categories relevant to the individuals that
came in contact with the police. In addition, the Sandra Bland Act (S.B. 1849) was passed and
became law. Thus, the most significant legislative mandate (Sandra Bland Act) in Texas history
regarding data requirements on law enforcement contacts, became law and took effect on
Analysis and
Interpretation of Data
29
Page 37 of 87
32
January 1, 2018. The Sandra Bland Act not only currently requires the extensive collection of
data relevant to police motor vehicle contacts, but it also mandates for the data to be analyzed
while addressing the following:
1. A comparative analysis of the information compiled (under Article 2.133):
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;
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.
2. Information related to each complaint filed with the agency alleging that a peace officer
employed by the agency has engaged in racial profiling.
In an effort to comply with The Texas Racial Profiling/Sandra Bland Law, the College Station
Police Department commissioned the analysis of its 2020 contact data. Hence, two different
types of data analyses were performed. The first of these involved a careful evaluation of the
2020 motor vehicle-related data. This particular analysis measured, as required by the law, the
number and percentage of Whites, Blacks, Hispanics or Latinos, Asians and Pacific Islanders,
Alaska Natives and American Indians (Middle Easterners and individuals belonging to the ?other?
category, as optional categories), that came in contact with the police in the course of a motor
vehicle related contact, and were either issued a ticket, citation, warning were issued or an arrest
was made. Also, included in this data were instances where a motor vehicle contact took place
for an alleged violation of the law or ordinance. The Tier 2 data analysis included, but was not
limited to, information relevant to the number and percentage of contacts by race/ethnicity,
gender, reason for the stop, location of stop, searches while indicating the type of search
performed, result of stop, basis of an arrest and use of physical force resulting in bodily injury. It
is important to recognize that the department opted to report its data in a more detailed
manner (new template) which allows for a better and more reliable analysis.
It should be noted that the additional data analysis performed was based on a comparison of
the 2020 motor vehicle contact data with a specific baseline. When reviewing this particular
analysis, one should consider that there is disagreement, in the literature, regarding the
appropriate baseline to be used when analyzing motor vehicle-related contact information. Of
the baseline measures available, the College Station Police Department opted to adopt, as a
baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained
through the U.S. Census Bureau (2010) relevant to the number of households that have access to
vehicles while controlling for the race and ethnicity of the heads of households. It is anticipated
that next year, when the 2020 Census findings are available, this information will be updated,
accordingly.
7
5
2630
Page 38 of 87
There is no question that census data presents challenges to any effort made at establishing a
fair and accurate racial profiling analysis. That is, census data contains information on all
residents of a particular community, regardless of the fact they may or may not be among the
driving population. Further, census data, when used as a baseline of comparison, presents the
challenge that it captures information related to city residents only. Thus, excluding individuals
who may have come in contact with the College Station Police Department in 2020 but live
outside city limits. In some cases, the percentage of the population that comes in contact with
the police but lives outside city limits represents a substantial volume of all motor vehicle-related
contacts made in a given year.
Since 2002, several civil rights groups in Texas expressed their desire and made
recommendations to the effect that all police departments should rely, in their data analysis, on
the Fair Roads Standard. This source contains census data specific to the number of
?households? that have access to vehicles. Thus, proposing to compare ?households? (which may
have multiple residents and only a few vehicles) with ?contacts? (an individual-based count). This,
in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the
College Station Police Department accepted the recommendation to utilize this form of
comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate
its ?good will? and ?transparency? before the community. Thus, the Fair Roads Standard data
obtained and used in this study is specifically relevant to College Station.
Tier 2 (2020) Motor Vehicle-Related Contact Analysis
When analyzing the enhanced and more detailed Tier 2 data collected in 2020, it was evident
that most motor vehicle-related contacts were made with Whites. This was followed by Blacks
and Hispanics. Of those that came in contact with the police, most tickets or citations were
issued to Whites; this was followed by Hispanics. However, in terms of written warnings, most of
these were issued to Whites; followed by Blacks.
Regarding searches and arrests, the data showed that most searches took place among Blacks.
When considering all searches, most were consented by Whites while most custody arrests were
of Blacks. Overall, most searches resulted in contraband; of these, most searches producing
contraband took place among Blacks; this was followed by Whites. Of the searches that did not
produce contraband, most were of Whites. Most arrests were made on Blacks; this was followed
by Whites. Most of the arrests that originated from a violation of the penal code involved Whites.
Comparative Analysis
The data analysis of motor vehicle contacts to the census data relevant to the number of
?households? in College Station who indicated, in the 2010 census, that they had access to
vehicles, produced interesting findings. Specifically, the percentage of Whites and Asians that
came in contact with the police was lower than the percentage of White and Asian households in
College Station that claimed, in the 2010 census, to have access to vehicles. The opposite was
31
Page 39 of 87
34true of Blacks, Hispanics and American Indians. That is, a higher percentage of Blacks, Hispanics
and American Indians came in contact with the police than the percentage of Black, Hispanic and
American Indian households in College Station that claimed, in the 2010 census, to have access
to vehicles.
The analysis of the searches performed shows that most of the searches produced contraband.
This is above national law enforcement trends. In addition, of those searches that produced
contraband, the majority of them involved Black contacts.
Summary of Findings
The most recent Texas Racial Profiling Law requires that police department perform data audits
in order to validate the data being reported.Consistent with this requirement, the College Station
Police Department has engaged del Carmen Consulting, LLC in order to perform these audits in
a manner consistent with normative statistical practices. As shown in table 6, the audits
performed have shown that the data is valid and reliable. Further, as required by law, this report
also includes an analysis on the searches performed. This analysis includes information on
whether contraband was found as a result of the search while controlling for race/ethnicity. The
search analysis demonstrates that the police department is engaging in search practices
consistent with national trends in law enforcement.
While considering the findings made in this analysis, it is recommended that the College Station
Police Department should continue to collect and evaluate additional information on motor
vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may
prove to be useful when determining the nature of the contacts police officers are making with
all individuals.
As part of this effort, the College Station Police Department should continue to:
1) Perform an independent analysis on contact and search data in future years.
2) Commission data audits in 2021 in order to assess data integrity; that is, to ensure
that the data collected is consistent with the data being reported.
The comprehensive analysis of the data included in this report demonstrates that the College
Station Police Department has complied with the Texas Racial Profiling Law and all of its
requirements. Further, the report demonstrates that the police department has incorporated a
comprehensive racial profiling policy, currently offers information to the public on how to file a
compliment or complaint, commissions quarterly data audits in order to ensure validity and
reliability, collects and commissions the analysis of tier 2 data, and ensures that the practice of
racial profiling is not tolerated.
7
5
2832
Page 40 of 87
33
Page 41 of 87
36
The following requirements were met by the College Station Police Department in
accordance with The Texas Racial Profiling Law:
Implement a Racial Profiling Policy citing act or actions that constitute racial
profiling.
Include in the racial profiling policy, a statement indicating prohibition of any
peace officer employed by the College Station Police Department from
engaging in racial profiling.
Implement a process by which an individual may file a complaint regarding
racial profiling violations.
Provide public education related to the compliment and complaint process.
Implement disciplinary guidelines for officers found in violation of the Texas
Racial Profiling Law.
Collect, report and analyze motor vehicle data (Tier 2).
Commission Data Audits and a Search Analysis.
Indicate total number of officers who knew and did not know, the
race/ethnicity of individuals before being detained.
Produce an annual report on police contacts (Tier 2) and present this to the
local governing body and TCOLE by March 1, 2021.
Adopt a policy, if video/audio equipment is installed, on standards for
reviewing video and audio documentation.
7
5
Checklist
34
Page 42 of 87
3135
Page 43 of 87
38
Legislative &
Administrative
Addendum
36
Page 44 of 87
37
TCOLE GUIDELINES
Guidelines for Compiling and Reporting Data under Senate Bill 1074
Background
Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal
Procedure (TCCP) for law enforcement agencies. The Commission developed this document to
assist agencies in complying with the statutory requirements.
The guidelines are written in the form of standards using a style developed from accreditation
organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA).
The standards provide a description of what must be accomplished by an agency but allows wide
latitude in determining how the agency will achieve compliance with each applicable standard.
Each standard is composed of two parts: the standard statement and the commentary. The
standard statement is a declarative sentence that places a clear-cut requirement, or multiple
requirements, on an agency. The commentary supports the standard statement but is not
binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard,
or as an example of one possible way to comply with the standard.
Standard 1
Each law enforcement agency has a detailed written directive that:
• clearly defines acts that constitute racial profiling;
• strictly prohibits peace officers employed by the agency from engaging in racial profiling;
• implements a process by which an individual may file a complaint with the agency if the
individual believes a peace officer employed by the agency has engaged in racial profiling
with respect to the individual filing the complaint;
• provides for public education relating to the complaint process;
• requires appropriate corrective action to be taken against a peace officer employed by
the agency who, after investigation, is shown to have engaged in racial profiling in
violation of the agency’s written racial profiling policy; and
• requires the collection of certain types of data for subsequent reporting.
Commentary
Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of
the TCCP now requires a written policy that contains the elements listed in this standard. The
article also specifically defines a law enforcement agency as it applies to this statute as an “
agency of the state, or of a county, municipality, or other political subdivision of the state, that
employs peace officers who make traffic stops in the routine performance of the officers’ official
duties.”
Page 45 of 87
38
The article further defines race or ethnicity as being of “a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American.” The statute does not limit the required
policies to just these ethnic groups.
This written policy is to be adopted and implemented no later than January 1, 2002.
Standard 2
Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing
law enforcement agency information relating to the stop, to include:
• a physical description of each person detained, including gender and the person’s race or
ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as
determined by the officer’s best judgment;
• the traffic law or ordinance alleged to have been violated or the suspected offense;
• whether the officer conducted a search as a result of the stop and, if so, whether the
person stopped consented to the search;
• whether any contraband was discovered in the course of the search, and the type of
contraband discovered;
• whether probable cause to search existed, and the facts supporting the existence of that
probable cause;
• whether the officer made an arrest as a result of the stop or the search, including a
statement of the offense charged;
• the street address or approximate location of the stop; and
• whether the officer issued a warning or citation as a result of the stop, including a
description of the warning or a statement of the violation charged.
Commentary
The information required by 2.133 TCCP is used to complete the agency reporting requirements
found in Article 2.134. A peace officer and an agency may be exempted from this requirement
under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency
may be exempt from this reporting requirement by applying for the funds from the Department
of Public Safety for video and audio equipment and the State does not supply those funds.
Section 2.135 (a)(2) states, “the governing body of the county or municipality served by the law
enforcement agency, in conjunction with the law enforcement agency, certifies to the
Department of Public Safety, not later than the date specified by rule by the department, that
the law enforcement agency needs funds or video and audio equipment for the purpose of
installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does
not receive from the state funds for video and audio equipment sufficient, as determined by the
department, for the agency to accomplish that purpose.”
Standard 3
The agency compiles the information collected under 2.132 and 2.133 and analyzes the
information identified in 2.133.
Page 46 of 87
39
Commentary
Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law
enforcement agencies to gather specific information and to report it to each county or
municipality served. New sections of law were added to the Code of Criminal Procedure
regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person
stopped is not free to leave.
Article 2.134 TCCP requires the agency to compile and provide and analysis of the information
collected by peace officer employed by the agency. The report is provided to the governing body
of the municipality or county no later than March 1 of each year and covers the previous calendar
year.
There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article
2.133 CCP (tier two).
The minimum requirements for “tier one” data for traffic stops in which a citation results are:
1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means
of “a particular descent, including Caucasian, African, Hispanic, Asian, or Native
American”);
2) whether a search was conducted, and if there was a search, whether it was a consent
search or a probable cause search; and
3) whether there was a custody arrest.
The minimum requirements for reporting on “tier two” reports include traffic and pedestrian
stops. Tier two data include:
1) the detained person’s gender and race or ethnicity;
2) the type of law violation suspected, e.g., hazardous traffic, non-hazardous traffic, or other
criminal investigation (the Texas Department of Public Safety publishes a categorization
of traffic offenses into hazardous or non-hazardous);
3) whether a search was conducted, and if so whether it was based on consent or probable
cause;
4) facts supporting probable cause;
5) the type, if any, of contraband that was collected;
6) disposition of the stop, e.g., arrest, ticket, warning, or release;
7) location of stop; and
8) statement of the charge, e.g., felony, misdemeanor, or traffic.
Tier one reports are made to the governing body of each county or municipality served by the
agency an annual report of information if the agency is an agency of a county, municipality, or
other political subdivision of the state. Tier one and two reports are reported to the county or
municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier
two reports include a comparative analysis between the race and ethnicity of persons detained
to see if a differential pattern of treatment can be discerned based on the disposition of stops
Page 47 of 87
40
including searches resulting from the stops. The reports also include information relating to each
complaint filed with the agency alleging that a peace officer employed by the agency has engaged
in racial profiling. An agency may be exempt from the tier two reporting requirement by applying
for the funds from the Department of Public Safety for video and audio equipment and the State
does not supply those funds [See 2.135 (a)(2) TCCP].
Reports should include both raw numbers and percentages for each group. Caution should be
exercised in interpreting the data involving percentages because of statistical distortions caused
by very small numbers in any particular category, for example, if only one American Indian is
stopped and searched, that stop would not provide an accurate comparison with 200 stops
among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data
when compared to a 50% rate for Caucasians.
Standard 4
If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for
traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency:
• adopts standards for reviewing and retaining audio and video documentation; and
• promptly provides a copy of the recording to a peace officer who is the subject of a
complaint on written request by the officer.
Commentary
The agency should have a specific review and retention policy. Article 2.132 TCCP specifically
requires that the peace officer be promptly provided with a copy of the audio or video recordings
if the officer is the subject of a complaint and the officer makes a written request.
Standard 5
Agencies that do not currently have video or audio equipment must examine the feasibility of
installing such equipment.
Commentary
None
Standard 6
Agencies that have video and audio recording capabilities are exempt from the reporting
requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of
Article 2.133 TCCP provided that:
• the equipment was in place and used during the proceeding calendar year; and
• video and audio documentation is retained for at least 90 days.
Commentary
The audio and video equipment and policy must have been in place during the previous calendar
year. Audio and video documentation must be kept for at least 90 days or longer if a complaint
has been filed. The documentation must be retained until the complaint is resolved. Peace
officers are not exempt from the requirements under Article 2.132 TCCP.
Page 48 of 87
41
Standard 7
Agencies have citation forms or other electronic media that comply with Section 543.202 of the
Transportation Code.
Commentary
Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to
include:
• race or ethnicity, and
• whether a search of the vehicle was conducted and whether consent for the search was
obtained.
Page 49 of 87
42
The Texas Law on Racial Profiling
S.B. No. 1074 - An Act relating to the prevention of racial profiling by certain peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through
2.138 to read as follows:
Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling.
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article:
(1) "Law enforcement agency" means an agency of the state, or of a county, municipality,
or other political subdivision of the state, that employs peace officers who make traffic stops in
the routine performance of the officers' official duties.
(2) "Race or ethnicity" means of a particular descent, including Caucasian, African,
Hispanic, Asian, or Native American descent.
(b) Each law enforcement agency in this state 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 complaint process;
(5) require appropriate corrective action to be taken against a peace officer employed by
the agency who, after an investigation, is shown to have engaged in racial profiling in violation of
the agency's policy adopted under this article;
(6) require collection of information relating to traffic stops in which a citation is issued
and to arrests resulting from those traffic stops, including information relating to:
(A) the race or ethnicity of the individual detained; and
(B) whether a search was conducted and, if so, whether the person detained consented
to the search; and
(7) require the agency to submit to the governing body of each county or municipality
served by the agency an annual report of the information collected under Subdivision (6) if the
agency is an agency of a county, municipality, or other political subdivision of the state.
(c) The data collected as a result of the reporting requirements of this article shall not
constitute prima facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine
the feasibility of installing video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make traffic stops and transmitter-activated
equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a
law enforcement agency installs video or audio equipment as provided by this subsection, the
Page 50 of 87
43
policy adopted by the agency under Subsection (b) must include standards for reviewing video
and audio documentation.
(e) A report required under Subsection (b)(7) may not include identifying information
about a peace officer who makes a traffic stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the collection of information as required by a
policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law enforcement agency of a
complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence
on which the complaint is based was made, 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.
Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article:
(1) "Race or ethnicity" has the meaning assigned by Article 2.132(a).
(2) "Pedestrian stop" means an interaction between a peace officer and an individual
who is being detained for the purpose of a criminal investigation in which the individual is not
under arrest.
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or
ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to
the law enforcement agency that employs the officer information relating to the stop, including:
(1) a physical description of each person detained as a result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2) the traffic law or ordinance alleged to have been violated or the suspected offense;
(3) whether the officer conducted a search as a result of the stop and, if so, whether the
person detained consented to the search;
(4) whether any contraband was discovered in the course of the search and the type of
contraband discovered;
(5) whether probable cause to search existed and the facts supporting the existence of
that probable cause;
(6) whether the officer made an arrest as a result of the stop or the search, including a
statement of the offense charged;
(7) the street address or approximate location of the stop; and
(8) whether the officer issued a warning or a citation as a result of the stop, including a
description of the warning or a statement of the violation charged.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.
(a) In this article, "pedestrian stop" means an interaction between a peace officer and an
individual who is being detained for the purpose of a criminal investigation in which the individual
is not under arrest.
(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 local law enforcement agency shall submit a report containing the information compiled
Page 51 of 87
44
during the previous calendar year to the governing body of each county or municipality served
by the agency in a manner approved by the agency.
(c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled under Article 2.133 to:
(A) determine the prevalence of racial profiling by peace officers employed by the agency; and
(B) examine the disposition of traffic and pedestrian stops made by officers employed by the
agency, including searches resulting from the stops; 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 traffic or pedestrian 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 Commission on Law Enforcement Officer Standards and Education 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.
Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace
officer is exempt from the reporting requirement under Article 2.133 and a law enforcement
agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134
if:
(1) during the calendar year preceding the date that a report under Article 2.134 is
required to be submitted:
(A) each law enforcement motor vehicle regularly used by an officer employed by the agency to
make traffic and pedestrian stops is equipped with video camera and transmitter-activated
equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian
stops is equipped with transmitter-activated equipment; and
(B) each traffic and pedestrian stop made by an officer employed by the agency that is capable
of being recorded by video and audio or audio equipment, as appropriate, is recorded by using
the equipment; or
(2) the governing body of the county or municipality served by the law enforcement
agency, in conjunction with the law enforcement agency, certifies to the Department of Public
Safety, not later than the date specified by rule by the department, that the law enforcement
agency needs funds or video and audio equipment for the purpose of installing video and audio
equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state
funds or video and audio equipment sufficient, as determined by the department, for the agency
to accomplish that purpose.
(b) Except as otherwise provided by this subsection, a law enforcement agency that is
exempt from the requirements under Article 2.134 shall retain the video and audio or audio
documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop.
If a complaint is filed with the law enforcement agency alleging that a peace officer employed by
the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency
shall retain the video and audio or audio record of the stop until final disposition of the complaint.
Page 52 of 87
45
(c) This article does not affect the collection or reporting requirements under Article
2.132.
Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the
collection or reporting of information as required by Article 2.133 or under a policy adopted
under Article 2.132.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.
(a) The Department of Public Safety shall adopt rules for providing funds or video and
audio equipment to law enforcement agencies for the purpose of installing video and audio
equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding
or equipment provided to law enforcement agencies. The criteria may include consideration of
tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give
priority to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic
enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher
education to identify law enforcement agencies that need funds or video and audio equipment
for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A).
The collaboration may include the use of a survey to assist in developing criteria to prioritize
funding or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of
installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body
of a county or municipality, in conjunction with the law enforcement agency serving the county
or municipality, shall certify to the Department of Public Safety that the law enforcement agency
needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state for the purpose of
installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body
of a county or municipality, in conjunction with the law enforcement agency serving the county
or municipality, shall certify to the Department of Public Safety that the law enforcement agency
has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the
equipment as required by Article 2.135(a)(1).
Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles
2.131-2.137.
SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as
follows:
Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated
action based on an individual's race, ethnicity, or national origin rather than on the individual's
behavior or on information identifying the individual as having engaged in criminal activity.
Page 53 of 87
46
SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as
follows:
(j) As part of the initial training and continuing education for police chiefs required under
this section, the institute shall establish a program on racial profiling. The program must include
an examination of the best practices for:
(1) monitoring peace officers' compliance with laws and internal agency policies relating
to racial profiling;
(2) implementing laws and internal agency policies relating to preventing racial profiling;
and
(3) analyzing and reporting collected information.
SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read
as follows:
(e) As part of the minimum curriculum requirements, the commission shall establish a
statewide comprehensive education and training program on racial profiling for officers licensed
under this chapter. An officer shall complete a program established under this subsection not
later than the second anniversary of the date the officer is licensed under this chapter or the date
the officer applies for an intermediate proficiency certificate, whichever date is earlier.
SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read
as follows:
(d) As a requirement for an intermediate proficiency certificate, an officer must complete
an education and training program on racial profiling established by the commission under
Section 1701.253(e).
SECTION 6. Section 543.202, Transportation Code, is amended to read as follows:
Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular
descent, including Caucasian, African, Hispanic, Asian, or Native American descent.
(b) The record must be made on a form or by a data processing method acceptable to
the department and must include:
(1) the name, address, physical description, including race or ethnicity, date of birth, and
driver's license number of the person charged;
(2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or
was involved in transporting hazardous materials;
(4) the person's social security number, if the person was operating a commercial motor
vehicle or was the holder of a commercial driver's license or commercial driver learner's permit;
(5) the date and nature of the offense, including whether the offense was a serious traffic
violation as defined by Chapter 522;
Page 54 of 87
47
(6) whether a search of the vehicle was conducted and whether consent for the search
was obtained;
(7) the plea, the judgment, and whether bail was forfeited;
(8) [(7)] the date of conviction; and
(9) [(8)] the amount of the fine or forfeiture.
SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement
a policy and begin collecting information under the policy as required by Article 2.132, Code of
Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit
information to the governing body of each county or municipality served by the agency as
required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003.
The first submission of information shall consist of information compiled by the agency during
the period beginning January 1, 2002, and ending December 31, 2002.
SECTION 8. A local law enforcement agency shall first submit information to the governing body
of each county or municipality served by the agency as required by Article 2.134, Code of Criminal
Procedure, as added by this Act, on March 1, 2004. The first submission of information shall
consist of information compiled by the agency during the period beginning January 1, 2003, and
ending December 31, 2003.
SECTION 9. Not later than January 1, 2002:
(1) the Commission on Law Enforcement Officer Standards and Education shall establish
an education and training program on racial profiling as required by Subsection (e), Section
1701.253, Occupations Code, as added by this Act; and
(2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a
program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as
added by this Act.
SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency
certificate issued by the Commission on Law Enforcement Officer Standards and Education or has
held a peace officer license issued by the Commission on Law Enforcement Officer Standards and
Education for at least two years shall complete an education and training program on racial
profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this
Act, not later than September 1, 2003.
SECTION 11. An individual appointed or elected as a police chief before the effective date of this
Act shall complete a program on racial profiling established under Subsection (j), Section 96.641,
Education Code, as added by this Act, not later than September 1, 2003.
SECTION 12. This Act takes effect September 1, 2001
_______________________________ _______________________________
President of the Senate Speaker of the House
Page 55 of 87
48
I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote:
Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested
appointment of Conference Committee; May 22, 2001, House granted request of the Senate;
May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a
non-record vote; May 22, 2001, House granted request of the Senate for appointment of
Conference Committee; May 24, 2001, House adopted Conference Committee Report by a
non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor
Page 56 of 87
49
Modifications to the Original Law
(H.B. 3389)
Amend CSHB 3389 (Senate committee report) as follows:
(1) Strike the following SECTIONS of the bill:
(A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66);
(B) SECTION 24, amending Article 2.132(b), Code of Criminal Procedure (page 8, lines 19-53);
(C) SECTION 25, amending Article 2.134(b), Code of Criminal Procedure (page 8, lines 54-64);
(D) SECTION 28, providing transition language for the amendments to Articles 2.132(b) and
2.134(b), Code of Criminal Procedure (page 9, lines 40-47).
(2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent
SECTIONS of the bill accordingly: SECTION ____. Article 2.132, Code of Criminal Procedure, is
amended by amending Subsections (a),(b), (d), and (e) and adding Subsection (g) to read as
follows:
(a) In this article:
(1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or
other political subdivision of the state, that employs peace officers who make motor
vehicle[traffic] stops in the routine performance of the officers' official duties.
(2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an
alleged violation of a law or ordinance.
(3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic,
Asian, [or] Native American, or Middle Eastern descent.
(b) Each law enforcement agency in this state 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 complaint process;
(5) require appropriate corrective action to be taken against a peace officer employed by the
agency who, after an investigation, is shown to have engaged in racial profiling in violation of the
agency's policy adopted under this article;
(6) require collection of information relating to motor vehicle [traffic] stops in which a citation is
issued and to arrests made as a result of [resulting from] those [traffic] stops, including
information relating to:
(A) the race or ethnicity of the individual detained; and
(B) whether a search was conducted and, if so, whether the individual [person] detained
consented to the search; and
(C) whether the peace officer knew the race or ethnicity of the individual detained before
detaining that individual; and
(7) require the chief administrator of the agency, regardless of whether the administrator is
elected, employed, or appointed, to submit [to the governing body of each county or
Page 57 of 87
50
municipality served by the agency] an annual report of the information collected under
Subdivision (6) to:
(A) the Commission on Law Enforcement Officer Standards and Education; 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 the state.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the
feasibility of installing video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle [traffic] stops and transmitter
activated equipment in each agency law enforcement motorcycle regularly used to make motor
vehicle [traffic] stops. If a law enforcement agency installs video or audio equipment as provided
by this subsection, the policy adopted by the agency under Subsection (b) must include standards
for reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not include identifying information about a
peace officer who makes a motor vehicle [traffic] stop or about an individual who is stopped or
arrested by a peace officer. This subsection does not affect the collection of information as
required by a policy under Subsection (b)(6).
(g) On a finding by the Commission on Law Enforcement Officer Standards and Education that
the chief administrator of a law enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall begin disciplinary procedures against the
chief administrator.
SECTION ____. Article 2.133, Code of Criminal Procedure, is amended to read as follows:
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PEDESTRIAN] STOPS. (a) In
this article, "race[:
[(1) "Race] or ethnicity" has the meaning assigned by Article 2.132(a).
[(2) "Pedestrian stop" means an interaction between a peace officer and an individual who is
being detained for the purpose of a criminal investigation in which the individual is not under
arrest.]
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
[regulating traffic or who stops a pedestrian for any suspected offense] shall report to the law
enforcement agency that employs the officer information relating to the stop, including:
(1) a physical description of any [each] person operating the motor vehicle who is detained as a
result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2) the initial reason for the stop [traffic law or ordinance alleged to have been violated or the
suspected offense];
(3) whether the officer conducted a search as a result of the stop and, if so, whether the person
detained consented to the search;
(4) whether any contraband or other evidence was discovered in the course of the search and a
description [the type] of the contraband or evidence [discovered];
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain view;
(B) any probable cause or reasonable suspicion existed to perform the search; or
Page 58 of 87
51
(C) the search was performed as a result of the towing of the motor vehicle or the arrest of any
person in the motor vehicle [existed and the facts supporting the existence of that probable
cause];
(6) whether the officer made an arrest as a result of the stop or the search, including a statement
of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or
ordinance, or an outstanding warrant and a statement of the offense charged;
(7) the street address or approximate location of the stop; and
(8) whether the officer issued a written warning or a citation as a result of the stop[, including a
description of the warning or a statement of the violation charged].
SECTION ____. Article 2.134, Code of Criminal Procedure, is amended by amending Subsections
(a) through (e) and adding Subsection (g) to read as follows:
(a) In this article:
(1) "Motor vehicle[, "pedestrian] stop" has the meaning assigned by Article 2.132(a) [means an
interaction between a peace officer and an individual who is being detained for the purpose of a
criminal investigation in which the individual is not under arrest].
(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 [local] law
enforcement agency shall submit a report containing the incident-based data [information]
compiled during the previous calendar year to the Commission on Law Enforcement Officer
Standards and Education 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 [in a manner approved
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 [determine the prevalence of racial profiling by peace officers
employed by the agency]; and
(B) examine the disposition of motor vehicle [traffic and pedestrian] 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 [the] stops within the applicable
jurisdiction; 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 [traffic or pedestrian] 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 Commission on Law Enforcement Officer Standards and Education, in accordance with
Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting
information as required by this article.
Page 59 of 87
52
(g) On a finding by the Commission on Law Enforcement Officer Standards and Education 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.
SECTION ____. Article 2.135, Code of Criminal Procedure, is amended to read as follows:
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A
peace officer is exempt from the reporting requirement under Article 2.133 and the chief
administrator of a law enforcement agency, regardless of whether the administrator is elected,
employed, or appointed, is exempt from the compilation, analysis, and reporting requirements
under Article 2.134 if:
(1) during the calendar year preceding the date that a report under Article 2.134 is required to
be submitted:
(A) each law enforcement motor vehicle regularly used by an officer employed by the agency to
make motor vehicle [traffic and pedestrian] stops is equipped with video camera and
transmitter-activated equipment and each law enforcement motorcycle regularly used to make
motor vehicle [traffic and pedestrian] stops is equipped with transmitter-activated equipment;
and
(B) each motor vehicle [traffic and pedestrian] stop made by an officer employed by the agency
that is capable of being recorded by video and audio or audio equipment, as appropriate, is
recorded by using the equipment; or
(2) the governing body of the county or municipality served by the law enforcement agency, in
conjunction with the law enforcement agency, certifies to the Department of Public Safety, not
later than the date specified by rule by the department, that the law enforcement agency needs
funds or video and audio equipment for the purpose of installing video and audio equipment as
described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video
and audio equipment sufficient, as determined by the department, for the agency to accomplish
that purpose.
(b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt
from the requirements under Article 2.134 shall retain the video and audio or audio
documentation of each motor vehicle [traffic and pedestrian] stop for at least 90 days after the
date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace
officer employed by the agency has engaged in racial profiling with respect to a motor vehicle
[traffic or pedestrian] stop, the agency shall retain the video and audio or audio record of the
stop until final disposition of the complaint.
(c) This article does not affect the collection or reporting requirements under Article 2.132.
(d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a).
SECTION ____. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to
read as follows:
Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency
intentionally fails to submit the incident-based data as required by Article 2.134, the agency is
liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney
general may sue to collect a civil penalty under this subsection.
(b) From money appropriated to the agency for the administration of the agency, the executive
director of a state law enforcement agency that intentionally fails to submit the incident-based
Page 60 of 87
53
data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each
violation.
(c) Money collected under this article shall be deposited in the state treasury to the credit of the
general revenue fund.
SECTION ____. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding
Article 102.022 to read as follows:
Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO
CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the Department of Public Safety under Section 708.052,
Transportation Code.
(b) A defendant convicted of a moving violation in a justice court, county court, county court at
law, or municipal court shall pay a fee of 10 cents as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision, including deferred adjudication; or
(3) the court defers final disposition of the person's case.
(d) The clerks of the respective courts shall collect the costs described by this article. The clerk
shall keep separate records of the funds collected as costs under this article and shall deposit the
funds in the county or municipal treasury, as appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit collected under this article; and
(2) send to the comptroller before the last day of the first month following each calendar quarter
the funds collected under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the funds collected under this article by an
officer of the county or municipality as a collection fee if the custodian of the county or municipal
treasury complies with Subsection (e).
(g) If no funds due as costs under this article are deposited in a county or municipal treasury in
a calendar quarter, the custodian of the treasury shall file the report required for the quarter in
the regular manner and must state that no funds were collected.
(h) The comptroller shall deposit the funds received under this article to the credit of the Civil
Justice Data Repository fund in the general revenue fund, to be used only by the Commission on
Law Enforcement Officer Standards and Education to implement duties under Section 1701.162,
Occupations Code.
(i) Funds collected under this article are subject to audit by the comptroller.
SECTION ____. (a) Section 102.061, Government Code, as reenacted and amended by Chapter
921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to
the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151), Acts
of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT:
CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs
under the Code of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . . $40;
Page 61 of 87
54
(3) a records management and preservation services fee (Art. 102.005, Code of Criminal
Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) . . . $50 [$5]; [and]
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed
$5; and
(7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10.
(b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the
80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues in effect as further amended
by this section.
SECTION ____. (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167),
Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments
made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20;
(2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee (Art. 102.005, Code of Criminal
Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) . . . $50 [$5]; [and]
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed
$5; and
(7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10.
(b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the
80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to
reorganize and renumber that section, continues in effect as further amended by this section.
SECTION ____. Section 102.101, Government Code, is amended to read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF
CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of
Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004,
Code of Criminal Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure)
. . . one jury fee of $3;
Page 62 of 87
55
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $4;
(5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal
Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed
$5;
(7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored
check (Art. 102.0071, Code of Criminal Procedure) . . . not to exceed $30; [and]
(8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3
million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7; and
(9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10.
SECTION ____. Section 102.121, Government Code, is amended to read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction
of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004,
Code of Criminal Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure)
. . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal
Procedure) . . . not to exceed $4; [and]
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed
$5; and
(7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10.
SECTION ____. Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section
1701.164 to read as follows:
Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW
ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data
submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident-
based data compiled by a law enforcement agency from reports received by the law enforcement
agency under Article 2.133 of that code. The commission in consultation with the Department
of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W.
Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop
guidelines for submitting in a standard format the report containing incident-based data as
required by Article 2.134, Code of Criminal Procedure.
SECTION ____. Subsection (a), Section 1701.501, Occupations Code, is amended to read as
follows:
(a) Except as provided by Subsection (d), the commission shall revoke or suspend a license, place
on probation a person whose license has been suspended, or reprimand a license holder for a
violation of:
(1) this chapter;
Page 63 of 87
56
(2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure;
or
(3) a commission rule.
SECTION ____. (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal
Procedure, as amended by this Act, relating to the compilation, analysis, and submission of
incident-based data apply only to information based on a motor vehicle stop occurring on or after
January 1, 2010.
(b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added
by this Act, applies only to an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for that purpose. For purposes
of this section, an offense was committed before the effective date of this Act if any element of
the offense occurred before that date.
Page 64 of 87
57
Racial and Ethnic Designations
(H.B. 3051)
H.B. No. 3051 - An Act relating to the categories used to record the race or ethnicity of persons
stopped for or convicted of traffic offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as follows:
(3) "Race or ethnicity" means the following categories:
(A) Alaska native or American Indian;
(B) [of a particular descent, including Caucasian, African, Hispanic,] Asian or Pacific Islander;
(C) black;
(D) white; and
(E) Hispanic or Latino [, Native American, or Middle Eastern descent].
SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows:
(a) In this section, "race or ethnicity" means the following categories:
(1) Alaska native or American Indian;
(2) [of a particular descent, including Caucasian, African, Hispanic,] Asian or Pacific Islander;
(3) black;
(4) white; and
(5) Hispanic or Latino [, or Native American descent].
SECTION 3. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3051 was passed by the House on May 4, 2017, by the following vote: Yeas
143, Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following
vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
Page 65 of 87
58
The Sandra Bland Act
(S.B. 1849)
S.B. No. 1849
An Act relating to interactions between law enforcement and individuals detained or arrested on
suspicion of the commission of criminal offenses, to the confinement, conviction, or release of
those individuals, and to grants supporting populations that are more likely to interact frequently
with law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of
Sandra Bland.
ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF
HAVING A MENTAL ILLNESS, AN INTELLECTUAL DISABILITY, OR A SUBSTANCE ABUSE ISSUE
SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows:
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR
INTELLECTUAL DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than 12 [72] hours after
receiving credible information that may establish reasonable cause to believe that a defendant
committed to the sheriff's custody has a mental illness or is a person with an intellectual disability
[mental retardation], including observation of the defendant's behavior immediately before,
during, and after the defendant's arrest and the results of any previous assessment of the
defendant, the sheriff shall provide written or electronic notice of the information to the
magistrate. On a determination that there is reasonable cause to believe that the defendant has
a mental illness or is a person with an intellectual disability [mental retardation], the magistrate,
except as provided by Subdivision
(2), shall order the local mental health or intellectual and developmental disability
[mental retardation] authority or another qualified mental health or intellectual disability
[mental retardation] expert to:
(A) collect information regarding whether the defendant has a mental illness as defined by
Section 571.003,
Health and Safety Code, or is a person with an intellectual disability [mental retardation] as
defined by Section 591.003, Health and Safety Code, including information obtained from any
previous assessment of the defendant; and
(B) provide to the magistrate a written assessment of the information collected under Paragraph
(A).
(2) The magistrate is not required to order the collection of information under Subdivision
Page 66 of 87
59
(1) if the defendant in the year preceding the defendant's applicable date of arrest has
been determined to have a mental illness or to be a person with an intellectual disability
[mental retardation] by the local mental health or intellectual and developmental
disability [mental retardation] authority or another mental health or intellectual disability
[mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous determination may proceed
under Subsection (c).
(3) If the defendant fails or refuses to submit to the collection of information regarding
the defendant as required under Subdivision (1), the magistrate may order the defendant to
submit to an examination in a mental health facility determined to be appropriate by the local
mental health or intellectual and developmental disability [mental retardation] authority for a
reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility
operated by the Department of State Health Services or the Health and Human Services
Commission [Department of Aging and Disability Services] for examination only on request of the
local mental health or intellectual and developmental disability [mental retardation] authority
and with the consent of the head of the facility. If a defendant who has been ordered to a facility
operated by the Department of State Health Services or the Health and Human Services
Commission [Department of Aging and Disability Services] for examination remains in the facility
for a period exceeding 21 days, the head of that facility shall cause the defendant to be
immediately transported to the committing court and placed in the custody of the sheriff of the
county in which the committing court is located. That county shall reimburse the facility for the
mileage and per diem expenses of the personnel required to transport the defendant calculated
in accordance with the state travel regulations in effect at the time.
(b) A written assessment of the information collected under Subsection (a)(1)(A) shall be
provided to the magistrate not later than the 30th day after the date of any order issued under
Subsection (a) in a felony case and not later than the 10th day after the date of any order issued
under that subsection in a misdemeanor case, and the magistrate shall provide copies of the
written assessment to the defense counsel, the prosecuting attorney, and the trial court. The
written assessment must include a description of the procedures used in the collection of
information under Subsection (a)(1)(A) and the applicable expert's
observations and findings pertaining to:
(1) whether the defendant is a person who has a mental illness or is a person with an
intellectual disability [mental retardation];
(2) whether there is clinical evidence to support a belief that the defendant may be
incompetent to stand trial and should undergo a complete competency examination under
Subchapter B, Chapter 46B; and
(3) recommended treatment.
(c) After the trial court receives the applicable expert's written assessment relating to the
defendant under Subsection (b)
or elects to use the results of a previous determination as described by Subsection (a)(2), the trial
court may, as applicable:
(1) resume criminal proceedings against the defendant, including any appropriate
proceedings related to the defendant's release on personal bond under Article 17.032;
(2) resume or initiate competency proceedings, if required, as provided by Chapter 46B
Page 67 of 87
60
or other proceedings affecting the defendant's receipt of appropriate court-ordered mental
health or intellectual disability [mental retardation] services, including proceedings related to the
defendant's receipt of outpatient mental health services under Section 574.034, Health and
Safety Code; or
(3) consider the written assessment during the punishment phase after a conviction of
the offense for which the defendant was arrested, as part of a presentence investigation report,
or in connection with the impositions of conditions following placement on community
supervision, including deferred adjudication community supervision.
(d) This article does not prevent the applicable court from, before, during, or after the
collection of information regarding the defendant as described by this article: (1) releasing a
defendant who has a mental illness [mentally ill] or is a person with an intellectual disability
[mentally retarded defendant] from custody on personal or surety bond; or
(2) ordering an examination regarding the defendant's competency to stand trial.
SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article 16.23 to
read as follows:
Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE
ISSUE. (a) Each law enforcement agency shall make a good faith effort to divert a person suffering
a mental health crisis or suffering from the effects of substance abuse to a proper treatment
center in the agency's jurisdiction if:
(1) there is an available and appropriate treatment center in the agency's jurisdiction to
which the agency may divert the person;
(2) it is reasonable to divert the person;
(3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor
involving violence; and
(4) the mental health crisis or substance abuse issue is suspected to be the reason the
person committed the alleged offense.
(b) Subsection (a) does not apply to a person who is accused of an offense under Section
49.04, 49.045, 49.05, 49.06, 49.065,
49.07, or 49.08, Penal Code.
SECTION 2.03. Section 539.002, Government Code, is amended to read as follows:
Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY
COLLABORATIVES. (a) To the extent funds are appropriated to the department for that purpose,
the department shall make grants to entities, including local governmental entities, nonprofit
community organizations, and faith-based community organizations, to establish or expand
community collaboratives that bring the public and private sectors together to provide services
to persons experiencing homelessness, substance abuse issues, or [and] mental illness. [The
department may make a maximum of five grants, which must be made in the most populous
municipalities in this state that are located in counties with a population of more than one
million.] In awarding grants, the department shall give special consideration to entities:
(1) establishing [a] new collaboratives; or
Page 68 of 87
61
(2) establishing or expanding collaboratives thatserve two or more counties, each with a
population of less than 100,000 [collaborative].
(b) The department shall require each entity awarded a grant under this section to:
(1) leverage additional funding from private sources in an amount that is at least equal
to the amount of the grant awarded under this section; [and]
(2) provide evidence of significant coordination and collaboration between the entity,
local mental health authorities, municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community collaborative funded by a
grant awarded under this section; and
(3) provide evidence of a local law enforcement policy to divert appropriate persons from
jails or other detention facilities to an entity affiliated with a community collaborative for the
purpose of providing services to those persons.
SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read
as follows:
Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVES. (a) The governing
body of a county shall develop and make public a plan detailing:
(1) how local mental health authorities, municipalities, local law enforcement agencies,
and other community stakeholders in the county could coordinate to establish or expand a
community collaborative to accomplish the goals of Section 539.002;
(2) how entities in the county may leverage funding from private sources to accomplish
the goals of Section 539.002 through the formation or expansion of a community collaborative;
and
(3) how the formation or expansion of a community collaborative could establish or
support resources or services to help local law enforcement agencies to divert persons who have
been arrested to appropriate mental health care or substance abuse treatment.
(b) The governing body of a county in which an entity that received a grant under Section
539.002 before September 1, 2017, is located is not required to develop a plan under Subsection
(a).
(c) Two or more counties, each with a population of less than 100,000, may form a joint
plan under Subsection (a).
ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS
SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read as
follows:
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH
MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as
follows:
(b) A magistrate shall release a defendant on personal bond unless good cause is shown
Page 69 of 87
62
otherwise if the:
(1) defendant is not charged with and has not been previously convicted of a violent
offense;
(2) defendant is examined by the local mental health or intellectual and developmental
disability [mental retardation] authority or another mental health expert under Article 16.22 [of
this code];
(3) applicable expert, in a written assessment submitted to the magistrate under Article
16.22:
(A) concludes that the defendant has a mental illness or is a person with an intellectual disability
[mental retardation] and is nonetheless competent to stand trial; and
(B) recommends mental health treatment or intellectual disability treatment for the defendant,
as applicable; and
(4) magistrate determines, in consultation with the local mental health or intellectual and
developmental disability [mental retardation] authority, that appropriate community-based
mental health or intellectual disability [mental retardation] services for the defendant are
available through the [Texas] Department of State [Mental] Health Services [and Mental
Retardation] under Section 534.053, Health and Safety Code, or through another mental health
or intellectual disability [mental retardation] services provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require
as a condition of release on personal bond under this article that the defendant submit to
outpatient or inpatient mental health or intellectual disability [mental retardation] treatment as
recommended by the local mental health or intellectual and developmental disability [mental
retardation] authority if the defendant's:
(1) mental illness or intellectual disability [mental retardation] is chronic in nature; or
(2) ability to function independently will continue to deteriorate if the defendant is not
treated.
SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows:
Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the time the
indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall [on
request] deliver a copy of the indictment [same] to the accused or the accused's [his] counsel[,]
at the earliest possible time.
SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows:
Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the indictment
or information to the accused or the accused's counsel at the earliest possible time before trial
[it shall not be necessary before trial to furnish the accused with a copy of the indictment or
information; but he or his counsel may demand a copy, which shall be given as early as possible
SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B. 875),
648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is
reenacted and amended to read as follows:
Page 70 of 87
63
(a) The commission shall:
(1) adopt reasonable rules and procedures establishing minimum standards for the
construction, equipment, maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures establishing minimum standards for the
custody, care, and treatment of prisoners;
(3) adopt reasonable rules establishing minimum standards for the number of jail
supervisory personnel and for programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures establishing minimum requirements for
programs of rehabilitation, education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if necessary;
(6) provide to local government officials consultation on and technical assistance for
county jails;
(7) review and comment on plans for the construction and major modification or
renovation of county jails;
(8) require that the sheriff and commissioners of each county submit to the commission,
on a form prescribed by the commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to determine compliance with state
law, commission orders, and the rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8) and require commission
employees to inspect county jails regularly to ensure compliance with state law, commission
orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs and judges in determining which
defendants are low-risk and consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for segregation of classes of inmates and to
capacities for county jails;
(12) require that the chief jailer of each municipal lockup submit to the commission, on
a form prescribed by the commission, an annual report of persons under 17 years of age
securely detained in the lockup, including all information necessary to determine compliance
with state law concerning secure confinement of children in municipal lockups;
(13) at least annually determine whether each county jail is in compliance with the rules
and procedures adopted under this chapter;
(14) require that the sheriff and commissioners court of each county submit to the
commission, on a form prescribed by the commission, an annual report of persons under 17 years
of age securely detained in the county jail, including all information necessary to determine
compliance with state law concerning secure confinement of children in county jails;
(15) schedule announced and unannounced inspections of jails under the commission's
jurisdiction using the risk assessment plan established under Section 511.0085 to guide the
inspections process;
(16) adopt a policy for gathering and distributing to jails under the commission's
jurisdiction information regarding:
(A) common issues concerning jail administration;
(B) examples of successful strategies for maintaining compliance with state law and the rules,
Page 71 of 87
64
standards, and procedures of the commission; and
(C) solutions to operational challenges for jails;
(17) report to the Texas Correctional Office on Offenders with Medical or Mental
Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures establishing minimum requirements for jails
to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan addresses medical and mental health care, including
nutritional requirements, and any special housing or work assignment needs for persons who are
confined in the jail and are known or determined to be pregnant;
(19) provide guidelines to sheriffs regarding contracts between a sheriff and another
entity for the provision of food services to or the operation of a commissary in a jail under the
commission's jurisdiction, including specific provisions regarding conflicts of interest and
avoiding the appearance of impropriety; [and]
(20) adopt reasonable rules and procedures establishing minimum standards for prisoner
visitation that provide each prisoner at a county jail with a minimum of two in-person, noncontact
visitation periods per week of at least 20 minutes duration each;
(21) [(20)] require the sheriff of each county to:
(A) investigate and verify the veteran status of each prisoner by using data made available from
the Veterans Reentry Search Service (VRSS) operated by the United States Department of
Veterans Affairs or a similar service; and
(B) use the data described by Paragraph (A) to assist prisoners who are veterans in applying for
federal benefits or compensation for which the prisoners may be eligible under a program
administered by the United States Department of Veterans Affairs;
(22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a
county jail by a guardian, as defined by Section 1002.012, Estates Code, that:
(A) allow visitation by a guardian to the same extent as the prisoner's next of kin, including
placing the guardian on the prisoner's approved visitors list on the guardian's request and
providing the guardian access to the prisoner during a facility's standard visitation hours if the
prisoner is otherwise eligible to receive visitors; and
(B) require the guardian to provide the sheriff with letters of guardianship issued as provided by
Section 1106.001, Estates Code, before being allowed to visit the prisoner; and
(23) adopt reasonable rules and procedures to ensure the safety of prisoners, including
rules and procedures that require a county jail to:
(A) give prisoners the ability to access a mental health professional at the jail through a
telemental health service 24 hours a day;
(B) give prisoners the ability to access a health professional at the jail or through a telehealth
service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth
service, provide for a prisoner to be transported to access a health professional; and
(C) if funding is available under Section 511.019, install automated electronic sensors or cameras
to ensure accurate and timely in-person checks of cells or groups of cells confining at-risk
individuals.
SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read
Page 72 of 87
65
as follows:
(d) The commission shall adopt reasonable rules and procedures establishing minimum
standards regarding the continuity of prescription medications for the care and treatment of
prisoners. The rules and procedures shall require that a qualified medical professional shall
review as soon as possible any prescription medication a prisoner is taking when the prisoner is
taken into custody.
SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019, 511.020,
and 511.021 to read as follows:
Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the
general revenue fund.
(b) The prisoner safety fund consists of:
(1) appropriations of money to the fund by the legislature; and
(2) gifts, grants, including grants from the federal government, and other donations
received for the fund.
(c) Money in the fund may be appropriated only to the commission to pay for capital
improvements that are required under Section 511.009(a)(23).
(d) The commission by rule may establish a grant program to provide grants to counties
to fund capital improvements described by Subsection (c). The commission may only provide a
grant to a county for capital improvements to a county jail with a capacity of not more than 96
prisoners.
Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the
sheriff of each county shall report to the commission regarding the occurrence during the
preceding month of any of the following incidents involving a prisoner in the county jail:
(1) a suicide;
(2) an attempted suicide;
(3) a death;
(4) a serious bodily injury, as that term is defined by
Section 1.07, Penal Code;
(5) an assault;
(6) an escape;
(7) a sexual assault; and
(8) any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal
Code.
(b) The commission shall prescribe a form for the report required by Subsection (a).
(c) The information required to be reported under Subsection (a)(8) may not include the
name or other identifying information of a county jailer or jail employee.
(d) The information reported under Subsection (a) is public information subject to an
open records request under Chapter 552.
Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTY JAIL. (a) On the
death of a prisoner in a county jail, the commission shall appoint a law enforcement agency, other
Page 73 of 87
66
than the local law enforcement agency that operates the county jail, to investigate the death as
soon as possible.
(b) The commission shall adopt any rules necessary relating
to the appointment of a law enforcement agency under Subsection
(a), including rules relating to cooperation between law
enforcement agencies and to procedures for handling evidence.
SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal
Procedure, apply only to a personal bond that is executed on or after the effective date of
this Act. A personal bond executed before the effective date of executed, and the former law is
continued in effect for that purpose.
SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall:
(1) adopt the rules and procedures required by Section 511.009(d), Government Code,
as added by this article, and the rules required by Section 511.021(b), Government Code, as
added by this article; and
(2) prescribe the form required by Section 511.020(b), Government Code, as added by
this article.
SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt
the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this
article. On and after September 1, 2020, a county jail shall comply with any rule or procedure
adopted by the Commission on Jail Standards under that subdivision.
SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th
Legislature, Regular Session, 2017, relating to non-substantive additions to and corrections in
enacted codes.
ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING
SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to read
as follows:
Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a) The Texas
Commission on Law Enforcement shall develop and the commission shall approve an
examination for a person assigned to the jail administrator position overseeing a
county jail.
(b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to
the jail administrator position overseeing a county jail to pass the examination not later than the
180th day after the date the person is assigned to that position. The rules must provide that a
person who fails the examination may be immediately removed from the position and may not
be reinstated until the person passes the examination.
(c) The sheriff of a county shall perform the duties of the jail administrator position at
any time there is not a person available who satisfies the examination requirements of this
Page 74 of 87
67
section.
(d) A person other than a sheriff may not serve in the jail administrator position of a
county jail unless the person satisfies the examination requirement of this section.
SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j) and
adding Subsection (n) to read as follows: commission shall require an officer to complete a 40-
hour statewide education and training program on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental impairments. An officer shall
complete the program not later than the second anniversary of the date the officer is licensed
under this chapter or the date the officer applies for an intermediate proficiency certificate,
whichever date is earlier. An officer may not satisfy the requirements of this subsection [section]
or Section 1701.402(g) by taking an online course on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental impairments.
(n) As part of the minimum curriculum requirements, the commission shall require an
officer to complete a statewide education and training program on de-escalation techniques to
facilitate interaction with members of the public, including techniques for limiting the use of
force resulting in bodily injury.
SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows:
(a) Except as provided by Subsection (e), a person may not be appointed as a county jailer, except
on a temporary basis, unless the person has satisfactorily completed a preparatory training
program, as required by the commission, in the operation of a county jail at a school operated or
licensed by the commission. The training program must consist of at least eight hours of mental
health training approved by the commission and the Commission on Jail Standards.
SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows:
(b) The commission shall require a state, county, special district, or municipal agency that
appoints or employs peace officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency certificate, not more than 20 hours of
education and training that contain curricula incorporating the learning objectives developed by
the commission regarding:
(A) civil rights, racial sensitivity, and cultural diversity;
(B) de-escalation and crisis intervention techniques to facilitate interaction with persons with
mental impairments; [and]
(C) de-escalation techniques to facilitate interaction with members of the public, including
techniques for limiting the use of force resulting in bodily injury; and
(D) unless determined by the agency head to be inconsistent with the officer's assigned duties:
(i) the recognition and documentation of cases that involve child abuse or neglect, family
violence, and sexual assault; and
(ii) issues concerning sex offender characteristics.
SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n) to read
Page 75 of 87
68
as follows:
(n) As a requirement for an intermediate proficiency certificate or an advanced
proficiency certificate, an officer must complete the education and training program regarding
de-escalation techniques to facilitate interaction with members of the public established by the
commission under Section 1701.253(n).
SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement shall
develop and the Commission on Jail Standards shall approve the examination required by Section
511.00905, Government Code, as added by this article.
SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement
shall establish or modify training programs as necessary to comply with Section 1701.253,
Occupations Code, as amended by this article.
(b) The minimum curriculum requirements under Section 1701.253(j), Occupations Code,
as amended by this article, apply only to a peace officer who first begins to satisfy those
requirements on or after April 1, 2018.
SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect
January 1, 2018.
(b) A person in the position of county jailer on September 1, 2017, must comply with
Section 1701.310(a), Occupations Code, as amended by this article, not later than August 31,
2021.
ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF CITATIONS
SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections
(b) and (d) and adding Subsection (h) to read as follows:
(b) Each law enforcement agency in this state 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 appropriate corrective action to be taken against a peace officer employed by
the agency who, after an investigation, is shown to have 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
Page 76 of 87
69
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; [and]
(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, as that term is
defined by Section 1.07, Penal Code, 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 Texas Commission on Law Enforcement; 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 the state.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine
the feasibility of installing video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated
equipment in each agency law enforcement motorcycle regularly used to make motor vehicle
stops. The agency also shall examine the feasibility of equipping each peace officer who regularly
detains or stops motor vehicles with a body worn camera, as that term is defined by Section
1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or
equips peace officers with body worn cameras as provided by this subsection, the policy adopted
by the agency under Subsection (b) must include standards for reviewing video and audio
documentation.
(h) A law enforcement agency shall review the data collected under Subsection (b)(6) to
identify any improvements the agency could make in its practices and policies regarding motor
vehicle stops.
SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection
(b) and adding Subsection (c) to read as follows:
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
shall report to the law enforcement agency that employs the officer information relating to the
stop, including:
(1) a physical description of any person operating the motor vehicle who is detained as a
result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a result of the stop and, if so, whether the
person detained consented to the search;
(4) whether any contraband or other evidence was discovered in the course of the search
Page 77 of 87
70
and a description of the contraband or evidence;
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain view;
(B) any probable cause or reasonable suspicion existed to perform the search; or
(C) the search was performed as a result of the towing of the motor vehicle or the arrest of any
person in the motor vehicle;
(6) whether the officer made an arrest as a result of the stop or the search, including a
statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic
law or ordinance, or an outstanding warrant and a statement of the offense charged;
(7) the street address or approximate location of the stop; [and]
(8) whether the officer issued a verbal or written warning or a ticket or citation as a result
of the stop; and
(9) whether the officer used physical force that resulted in bodily injury, as that term is
defined by Section 1.07, Penal Code, during the stop.
(c) The chief administrator of a law enforcement agency, regardless of whether the
administrator is elected, employed, or appointed, is responsible for auditing reports under
Subsection (b)
to ensure that the race or ethnicity of the person operating the motor vehicle is being reported.
SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows:
(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; [and]
(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.
SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows:
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall
adopt rules for providing funds or video and audio equipment to law enforcement agencies for
the purpose of installing video and audio equipment in law enforcement motor vehicles and
motorcycles or equipping peace officers with body worn cameras [as described by Article
2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided to law
enforcement agencies. The criteria may include consideration of tax effort, financial hardship,
Page 78 of 87
71
available revenue, and budget surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic
enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher
education to identify law enforcement agencies that need funds or video and audio equipment
for the purpose of installing video and audio equipment in law enforcement motor vehicles and
motorcycles or equipping peace officers with body worn cameras [as described by Article
2.135(a)(1)(A)]. The collaboration may include the use of a survey to assist in developing criteria
to prioritize funding or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of
installing video and audio equipment in law enforcement motor vehicles and motorcycles or
equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the
governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state for the purpose of
installing video and audio equipment in law enforcement motor vehicles and motorcycles or
equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the
governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency has taken the necessary actions to use and is using [installed] video and
audio equipment and body worn cameras for those purposes [as described by Article
2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1)].
SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows:
(a) If the chief administrator of a local law enforcement agency intentionally fails to
submit the incident-based data as required by Article 2.134, the agency is liable to the state for
a civil penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The
attorney general may sue to collect a civil penalty under this subsection.
SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed.
SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this article,
apply only to a report covering a calendar year beginning on or after January 1, 2018.
SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement
shall:
(1) evaluate and change the guidelines for compiling and reporting information required
under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable the
guidelines to better withstand academic scrutiny; and
(2) make accessible online:
(A) a downloadable format of any information submitted under Article 2.134(b), Code of Criminal
Page 79 of 87
72
Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and
(B) a glossary of terms relating to the information to make the information readily
understandable to the public. This Act takes effect September 1, 2017.
______________________________ ______________________________ President of the
Senate Speaker of the House
I hereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1849 passed the House on May 20, 2017, by the following vote:
Yeas 137, Nays 0, one present not voting.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
Approved:
______________________________
Date
______________________________
Governor
______________________________
Chief Clerk of the House
Page 80 of 87
73
COLLEGE STATION
POLICE DEPARTMENT
RACIAL PROFILING POLICY
Page 81 of 87
COLLEGE STATION POLICE DEPARTMENT
POLICY MANUAL - CHAPTER 65
BIASED BASED POLICING
REVISION DATE: 02/11/2020
1
The practice of bias based policing by law enforcement personnel undermines legitimate law enforcement
efforts and may lead to claims of civil rights violations. It often alienates citizens and may foster distrust of
law enforcement within the community.
This directive reaffirms the department’s commitment to unbiased policing by identifying specific acts that
would be considered bias based policing and outlining procedures to address requirements of Article 2.131-
137 of the Texas Code of Criminal Procedure.
This directive does not prohibit police personnel from stopping or detaining individuals if a specific report
exists in which an individual’s race, national origin, citizenship, religion, ethnicity, age, gender, sexual
orientation is an identifying factor in determining the existence of probable cause for taking police action.
POLICY:
Members of the College Station Police Department will not engage in any activities that are
discriminatory or indicative of the practice of bias based policing. Personnel will focus on the
behavior of individuals and/or specific suspect information in taking police action. Individuals will
not be targeted for enforcement action, detention, field contacts, asset seizure and forfeiture, or
interdiction solely on the basis of race, ethnic background, national origin, citizenship, gender,
sexual orientation, religion, economic status, age, cultural group or any other identifiable group.
Appropriate corrective action will be taken, after investigation, against any employee who engages
in bias based policing. Such an investigation may result in disciplinary action up to and including
termination. LE 1.2.9.a
DEFINITIONS:
1. Bias Based Profiling - The targeting of an individual for enforcement action, detention or
interdiction based solely on a trait common to a group of people. This includes, but is not limited
to, race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group
or any other identifiable group. For purpose of this directive the term "racial profiling" is a part of
Biased Based Profiling.
2. Race or Ethnicity – means White (W), Black (B), Hispanic (W/H), Asian (A), Pacific Islander (P),
Alaskan Native or American Indian (I)
3. Motor Vehicle Stop – An occasion in which a sworn officer stops a motor vehicle for an alleged
violation of a law or ordinance.
4. Seizure - Taking of property from an individual without the individual's consent or any restriction
of an individual's liberty without the individual's consent. A detention will be considered a seizure,
as will an arrest. Seizure also includes any filing of documents with the District Attorney for the
purpose of asset forfeiture.
PROCEDURE:
1. Reporting Requirements
a. Motor vehicle stops
(1) Article 2.132(b)(6) of the Texas Code of Criminal Procedure requires a
departmental policy on racial profiling requiring 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. Article 2.133 of the Texas Code of Criminal
Procedure requires that specific data are collected in a report for each motor
vehicle stop for an alleged violation of a law or ordinance, including information
relating to:
(a) the gender of the individual detained;
Page 82 of 87
COLLEGE STATION POLICE DEPARTMENT
POLICY MANUAL - CHAPTER 65
BIASED BASED POLICING
REVISION DATE: 02/11/2020
2
(b) the race or ethnicity of the individual detained;
(c) whether the peace officer knew the race or ethnicity of the individual
prior to detention;
(d) the initial reason for the stop;
(e) the location of the stop;
(f) whether a search was conducted and, if so, whether the person detained
consented to the search;
(g) whether contraband or other evidence was discovered, and a description
of such;
(h) the reason for the search, including whether: contraband was in plain
view; any probable cause or reasonable suspicion existed to perform the
search; the search was performed as a result of towing the vehicle or
arrest of any person in the vehicle;
(i) whether the peace officer used physical force that resulted in bodily
injury, as defined by Section 1.07, Texas Penal Code, during the stop;
SEE: Chapter - 42 Use of Force
(2) The required data to satisfy the applicable Articles of Texas Code of Criminal
Procedure shall be collected by this department.
c. Compliant Warning (Verbal & Written), Citation and Search forms are available in Brazos
Tech.
d. Compliant Arrest and FIR forms are available in RMS.
e. The reporting, processing, and documentation of seizure cases related to asset forfeitures
shall follow the guidelines established in Chapter 40 - Search and Seizure.
2. Responsibilities
a. Officers engaged in traffic enforcement
(1) Responsible for ensuring audio/video recording equipment is fully operational
throughout their tour of duty. Any equipment failures or repairs needed should be
immediately reported to the on duty shift supervisor as soon as possible.
(2) Conduct motor vehicle stops in a professional manner as outlined in Chapter 33 -
Traffic Safety.
(3) Responsible for ensuring all required fields on associated reports are completed.
(4) Ensure that all documentation is turned in at the end of their tour of duty.
b. Supervisors of Officers engaged in traffic enforcement
(1) Traffic enforcement will be accompanied by consistent, ongoing supervisory
oversight to ensure officers do not go beyond the parameters of reasonableness in
conducting such activities.
(2) Supervisors shall randomly review the BWC and In-car video data of their
subordinates as part of their quarterly video reviews with the intent to determine
compliance with this policy and other applicable directives. At a minimum, two
BWC and one In-car video review per officer per month shall be conducted.
Exceptions may be made where In-car video is not available. The three videos
shall be from three separate cases. LE 1.2.9.a
(3) The supervisor’s review of In-Car and BWC data shall be documented in the
supervisor’s quarterly video review memo submitted to the Bureau Chief through
the chain of command.
c. Recruiting & Training Lieutenant LE 1.2.9.b
(1) Will ensure all affected department personnel are trained on bias based profiling
issues as determined appropriate by the Texas Commission on Law Enforcement.
Page 83 of 87
COLLEGE STATION POLICE DEPARTMENT
POLICY MANUAL - CHAPTER 65
BIASED BASED POLICING
REVISION DATE: 02/11/2020
3
d. Internal Affairs Supervisor
(1) The Internal Affairs Administrator is responsible for investigating any complaints
of bias based profiling filed against any member of the College Station Police
Department as outlined in Chapter 26 - Internal Affairs.
(2) If a video or audio recording was made of an incident, which is the basis of a
complaint, the Internal Affairs Administrator or his designee will provide a copy
of the recording to the officer who is the subject of the complaint upon the officer's
written request. The request is to be made in memo form, routed through the chain
of command to the Chief of Police.
(3) Ensure an annual documented comparative analysis is done of the data collected
for motor vehicle stops and arrests resulting from motor vehicle stops (tier 1
reporting) and a separate comparative analysis for any data collected on motor
vehicle stops due to non-operational or unavailable audio/video equipment (tier 2
reporting). LE 1.2.9.c
(a) Analysis for each report will be based on a calendar year.
(b) Summary reports of the analysis must be submitted to the office of the
Chief of Police, the City Council, and TCOLE before March 1st of each
year.
(c) The reports must include:
i. A determination of the prevalence of bias based profiling
ii. An examination of the disposition of motor vehicle stops,
including searches resulting from the stops
iii. Information relating to each complaint filed within the
department alleging bias based profiling.
iv. The report may not include identifying information about an
officer or about the person stopped.
v. Any corrective measures taken.
vi. A review of citizen’s concerns, if any.
(4) Will review and update department brochures as needed, which serve to educate
the public about the internal affairs complaint process.
(5) May make recommendations to the department training committee, or the
recruiting and training division based on findings of summary reports.
e. Public Information Officer
The Public Information Officer will annually post a statement in the local newspaper
outlining the Department's internal affairs complaint process. The statement will
specifically include the process by which a member of the public may file a complaint if
the individual believes an employee of our department has engaged in bias based profiling
with respect to the individual.
f. Department Web page Master
The Department's web page master will maintain a statement on the website outlining the
Department's internal affairs complaint process. The statement will specifically include the
process by which a member of the public may file a complaint if the individual believes an
employee of our department has engaged in racial profiling with respect to the individual.
3. Training Requirements LE 1.2.9.b
a. Officers are responsible for adherence to all Texas Commission on Law Enforcement
(TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT)
requirements as mandated by law.
Page 84 of 87
COLLEGE STATION POLICE DEPARTMENT
POLICY MANUAL - CHAPTER 65
BIASED BASED POLICING
REVISION DATE: 02/11/2020
4
b. Training on Biased Based Policing, including legal aspects, is required with the following
frequency:
(1) All sworn employees shall receive initial training during orientation.
(2) All sworn employees shall receive annual training.
4. Complaint Investigation
a. All complaints alleging Biased Based Policing will be readily accepted in accordance to
Chapter 26 - Complaints/Internal Affairs.
b. If practical, any video and/or audiotapes associated with a biased-based policing complaint
shall be forwarded through the chain of command with the complaint.
5. Public Education: Required by Article 2.132(b)(4) of the Texas Code of Criminal Procedure
a. This department will inform the public of its compliment and complaint process including:
telephone number, mailing address, and email address with respect to each ticket, citation
or warning issued. Methods that may be utilized to inform the public include but are not
limited to television, radio, service or civic presentations, brochures, internet, social media
as well as governing board meetings.
b. Additionally, information will be made available as appropriate in languages other than
English.
Page 85 of 87
Contact Information
For additional questions regarding the information presented in this report, please contact:
Del Carmen Consulting, LLC
817.681.7840
www.texasracialprofiling.com
www.delcarmenconsulting.com
Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not
liable for any omissions or errors committed in the acquisition, analysis, or creation of this
report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate
use and distribution of information contained in this report. Further, no liability shall be
incurred as a result of any harm that may be caused to individuals and/or organizations as a
result of the information contained in this report.
Copyright: This report may not be altered or reproduced outside the agreed terms, in any
manner whatsoever without the written permission of the author.
Copyright 2021 Del Carmen Consulting, LLC
All Rights Reserved.
7
5
Page 86 of 87
February 25, 2021
Item No. 5.2.
Subsidy and Recovery Policies of Parks User Fees
Sponsor:Steve Wright
Reviewed By CBC:City Council
Agenda Caption:Presentation, discussion, and possible action on the methodology of the subsidy
and recovery policies of parks user fees.
Relationship to Strategic Goals:
Core Services & Infrastructure
Recommendation(s): None at this time.
Summary: Prior to the mid-year fee resolution on March 11, 2021, staff will present the methodology
utilized to establish user fees for parks and recreation services. Discussion will include Council set
recovery policies, current subsidies of programs and how fees fit into the policies.
Budget & Financial Summary: N/A
Reviewed & Approved by Legal: No
Attachments:
None
Page 87 of 87