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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Article 2.1385

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Article 2.1385 CIVIL PENALTY.


Article 2.1385 of the Texas Code of Criminal Procedure outlines the civil penalty that local and state law enforcement agencies may face for failing to submit required incident-based data. This law is important for ensuring that law enforcement agencies are held accountable for their actions and for maintaining transparency in law enforcement activities. Here are some key points to understand about Article 2.1385:

  • If the chief administrator of a local law enforcement agency intentionally fails to submit incident-based data as required by Article 2.134, the agency may be liable to the state for a civil penalty of up to $5,000 per violation. This penalty is meant to hold agencies accountable for failing to comply with reporting requirements.

  • The attorney general is authorized to sue law enforcement agencies to collect civil penalties under this law. This means that agencies may face legal action if they fail to comply with reporting requirements.

  • State law enforcement agencies are also subject to civil penalties if they intentionally fail to submit incident-based data as required by Article 2.134. In this case, the executive director of the agency must remit $1,000 to the comptroller for each violation. This penalty is intended to ensure that state law enforcement agencies also comply with reporting requirements.

  • The money collected from civil penalties under this law is deposited in the state treasury to the credit of the general revenue fund. This means that any penalties collected are used to support general state spending.

  • Article 2.134, which is referenced in this law, requires law enforcement agencies to report certain incident-based data to the Texas Department of Public Safety. This data includes information about criminal offenses, arrests, and other law enforcement activities. By requiring agencies to report this data, the state can better understand law enforcement trends and hold agencies accountable for their actions.

  • Article 2.1385 was added to the Texas Code of Criminal Procedure in 2009 and was amended in 2017 to clarify the language of the law. This demonstrates that the state is committed to ensuring that law enforcement agencies are held accountable for their actions and that transparency is maintained in law enforcement activities.


Overall, Article is an important law for ensuring that law enforcement agencies are transparent and accountable for their actions. By imposing civil penalties for failure to comply with reporting requirements, the state is able to maintain oversight of law enforcement activities and promote transparency in criminal justice.

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 an amount not to exceed $5,000 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 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. Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1, 2009. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05, eff. September 1, 2017.


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