2018 Racial Profiling Report 2018 Racial Profiling Report | Page 26

for at least 90 days after the date of the stop . If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [ traffic or pedestrian ] stop , the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint .
( c ) This article does not affect the collection or reporting requirements under Article 2.132 .
( d ) In this article , " motor vehicle stop " has the meaning assigned by Article 2.132 ( a ).
SECTION ____. Chapter 2 , Code of Criminal Procedure , is amended by adding Article 2.1385 to read as follows :
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 the amount of $ 1,000 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 .
SECTION ____. Subchapter A , Chapter 102 , Code of Criminal Procedure , is amended by adding Article 102.022 to read as follows :
Art . 102.022 . COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE . ( a ) In this article , " moving violation " means an offense that : ( 1 ) involves the operation of a motor vehicle ; and ( 2 ) is classified as a moving violation by the Department of Public Safety under Section 708.052 , Transportation Code .
( b ) A defendant convicted of a moving violation in a justice court , county court , county court at law , or municipal court shall pay a fee of 10 cents as a cost of court .
( c ) In this article , a person is considered convicted if : ( 1 ) a sentence is imposed on the person ; ( 2 ) the person receives community supervision , including deferred adjudication ; or ( 3 ) the court defers final disposition of the person ' s case .
( d ) The clerks of the respective courts shall collect the costs described by this article . The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury , as appropriate .
( e ) The custodian of a county or municipal treasury shall : ( 1 ) keep records of the amount of funds on deposit collected under this article ; and
( 2 ) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter .
( f ) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or