top of page
  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Article 2.138

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law discusses the Texas Code of Criminal Procedure Article 2.138.


Art. 2.138 is a short but important article in the Texas Code of Criminal Procedure that allows the Department of Public Safety to adopt rules to implement various laws related to criminal proceedings in Texas. The specific laws referenced in this article are Articles 2.131-2.137, which are all related to racial profiling by law enforcement officers in Texas.

  • Article 2.131: This law prohibits racial profiling by law enforcement officers in Texas. It prohibits the use of an individual's race or ethnicity as a factor in determining whether to stop and search them.

  • Article 2.132: This law requires law enforcement agencies in Texas to adopt policies prohibiting racial profiling and sets out the requirements for such policies.

  • Article 2.133: This law requires law enforcement officers in Texas to record certain information during motor vehicle stops, including the reason for the stop, the race and ethnicity of the driver, and whether a search was conducted.

  • Article 2.134: This law requires law enforcement agencies in Texas to compile and analyze the information collected under Article 2.133 and report the findings to the Texas Commission on Law Enforcement.

  • Article 2.136: This law holds that 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.

  • Article 2.137: This law allows the state of Texas to provide funding or equipment to law enforcement agencies to assist them in complying with the requirements of Articles 2.131-2.134.

Each of these laws is aimed at preventing racial profiling by law enforcement officers in Texas and ensuring that any stops or searches conducted are based on legitimate reasons and not on an individual's race or ethnicity. By allowing the Department of Public Safety to adopt rules to implement these laws, Texas is taking steps to ensure that they are properly enforced and that law enforcement officers are held accountable for any violations.



In conclusion, while Art. 2.138 may be short, it plays an important role in ensuring that laws related to racial profiling by law enforcement officers in Texas are properly implemented and enforced. It provides a framework for the Department of Public Safety to adopt rules that will ensure that Texas law enforcement officers are held to the highest standards of professionalism and accountability.


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.


For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.


For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately, you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if it’s something important.

12 views0 comments

Comments


bottom of page