•
•
•
•
•
•
•
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.
Commentary
Senate Bill 1074 from the 77 th 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;