2018 Racial Profiling Report 2018 Racial Profiling Report | Page 23

regardless of whether the administrator is elected , employed , or appointed , to submit [ to the governing body of each county or municipality served by the agency ] an annual report of the information collected under Subdivision ( 6 ) to :
( A ) the Commission on Law Enforcement Officer Standards and Education ; and
( B ) the governing body of each county or municipality served by the agency , if the agency is an agency of a county , municipality , or other political subdivision of the state .
( d ) On adoption of a policy under Subsection ( b ), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [ traffic ] stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [ traffic ] stops . If a law enforcement agency installs video or audio equipment as provided by this subsection , the policy adopted by the agency under Subsection ( b ) must include standards for reviewing video and audio documentation .
( e ) A report required under Subsection ( b )( 7 ) may not include identifying information about a peace officer who makes a motor vehicle [ traffic ] stop or about an individual who is stopped or arrested by a peace officer . This subsection does not affect the collection of information as required by a policy under Subsection ( b )( 6 ).
( g ) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection ( b )( 7 ), the commission shall begin disciplinary procedures against the chief administrator .
SECTION ____. Article 2.133 , Code of Criminal Procedure , is amended to read as follows :
Art . 2.133 . REPORTS REQUIRED FOR MOTOR VEHICLE [ TRAFFIC AND PEDESTRIAN ] STOPS . ( a ) In this article , " race [:
[( 1 ) " Race ] or ethnicity " has the meaning assigned by Article 2.132 ( a ).
[( 2 ) " Pedestrian stop " means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest .]
( b ) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [ regulating traffic or who stops a pedestrian for any suspected offense ] shall report to the law enforcement agency that employs the officer information relating to the stop , including :
( 1 ) a physical description of any [ each ] person operating the motor vehicle who is detained as a result of the stop , including : ( A ) the person ' s gender ; and ( B ) the person ' s race or ethnicity , as stated by the person or , if the person does not state the person ' s race or ethnicity , as determined by the officer to the best of the officer ' s ability ;
( 2 ) the initial reason for the stop [ traffic law or ordinance alleged to have been violated or the suspected offense ];
( 3 ) whether the officer conducted a search as a result of the stop and , if so , whether the person detained consented to the