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Racial profiling law and reporting

Summary of the topic

The racial profiling law has three layers: a prohibition, a required agency policy and a data reporting system. It was recodified effective 1 January 2025 from articles 2.131 to 2.138 into articles 2B.0051 to 2B.0059 of the Code of Criminal Procedure, and the substance carried over unchanged. Older agency policies and forms may still use the former numbers.

Article 2B.0051 defines racial profiling as 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. Article 2B.0052 provides that a peace officer may not engage in racial profiling. The test is the basis of the action: observed behavior or information about criminal activity is a proper basis, and race, ethnicity or national origin is not.

Article 2B.0053 requires each agency that employs officers who make motor vehicle stops to adopt a detailed written policy. The policy defines racial profiling, prohibits it, creates a process for an individual to complain to the agency, provides public education about the compliment and complaint process, requires corrective action when an investigation shows a violation, and requires collection of information on stops and resulting arrests. The agency must put a telephone number, mailing address and e-mail address for compliments and complaints on each ticket, citation or warning.

Article 2B.0054 requires an officer who makes a motor vehicle stop to report to the agency the following information: a physical description of any detained operator, including gender and race or ethnicity, the initial reason for the stop, whether a search was conducted and why, whether contraband or evidence was found, whether an arrest resulted and on what basis, the location of the stop, whether a warning or citation was issued, and whether the officer used physical force that resulted in bodily injury. Under article 2B.0055, the agency compiles and analyzes this information and, not later than 1 March each year, its chief administrator submits a report for the previous calendar year to the commission and to the governing body of each county or municipality served. The report may not include identifying information about an officer who made a stop or an individual who was stopped or arrested.

Several articles deal with safeguards and penalties. Article 2B.0056 provides that the collected data is not prima facie evidence of racial profiling. Article 2B.0057 protects an officer from liability for damages arising from an act relating to the collection or reporting of the information. Article 2B.0058 provides a civil penalty of up to $5,000 for each violation when a local agency's chief administrator intentionally fails to submit the required data. Occupations Code section 1701.501 lists the reporting requirements among the grounds for license discipline.

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