2018 Racial Profiling Report 2018 Racial Profiling Report | Page 25

[ traffic and pedestrian ] 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 [ the ] stops within the applicable jurisdiction ; 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 [ traffic or pedestrian ] 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 Commission on Law Enforcement Officer Standards and Education , in accordance with Section 1701.162 , Occupations Code , shall develop guidelines for compiling and reporting information as required by this article .
( 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 ), the commission shall begin disciplinary procedures against the chief administrator .
SECTION ____. Article 2.135 , Code of Criminal Procedure , is amended to read as follows :
Art . 2.135 . PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT . ( a ) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency , regardless of whether the administrator is elected , employed , or appointed , is exempt from the compilation , analysis , and reporting requirements under Article 2.134 if :
( 1 ) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted :
( A ) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [ traffic and pedestrian ] stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [ traffic and pedestrian ] stops is equipped with transmitter-activated equipment ; and
( B ) each motor vehicle [ traffic and pedestrian ] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment , as appropriate , is recorded by using the equipment ; or
( 2 ) 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 or video and audio equipment sufficient , as determined by the department , for the agency to accomplish that purpose .
( b ) Except as otherwise provided by this subsection , a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [ traffic and pedestrian ] stop