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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.134 Collection of Info.

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure - Brian Foley - Board Certified in Criminal law.


The code of criminal procedure contains many sections related to law enforcement reporting. I'd be willing to bet that this is the only blog post out there about this particular law so here goes! Texas law Art. 2.134 requires law enforcement agencies to compile and analyze incident-based data related to motor vehicle stops and submit a report annually to the Texas Commission on Law Enforcement and the governing body of each county or municipality served by the agency. The report must include a comparative analysis of the number of motor vehicle stops of racial or ethnic minorities and non-minorities, disposition of motor vehicle stops, including any searches resulting from stops, and the number of searches resulting from motor vehicle stops and whether contraband or other evidence was discovered. The report must also include information relating to each complaint alleging racial profiling by a peace officer employed by the agency. The law prohibits the inclusion of identifying information about the peace officer or individual who is stopped or arrested.


The data collected as a result of reporting requirements does not constitute prima facie evidence of racial profiling. If the chief administrator of a law enforcement agency intentionally fails to submit a report, the Texas Commission on Law Enforcement will begin disciplinary procedures against them. Guidelines for compiling and reporting information are developed by the Texas Commission on Law Enforcement in accordance with the Occupations Code.


Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03, eff. September 1, 2017.


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