2018 Racial Profiling Report 2018 Racial Profiling Report | Page 98

Analysis
In order to understand the analysis provided in this report , it is imperative that the evolution of the Texas Racial Profiling Law and its requirements , is discussed . That is , in 2001 , the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling Law . Thus , the law came into effect on January 1 , 2002 and required all police departments in Texas , to collect traffic-related data and report this information to their local governing authority by March 1 st of each year . In 2009 , the racial profiling law was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or arrest made . In addition , the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of the individual before detaining them . Further , it was required that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement ( TCOLE ) by March 1st of each year . The purpose in collecting and presenting this information is to determine if police officers in a particular municipality are engaging in the practice of racially profiling minority motorists .
The Texas Racial Profiling Law also requires police departments to interpret motor vehicle-related data . Even though most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community , it is very difficult to determine if individual police officers are engaging in racial profiling , from a review and analysis of aggregate / institutional data . In other words , it is challenging for a reputable researcher to identify specific “ individual ” racist behavior from aggregate-level “ institutional ” data on traffic or motor vehicle-related contacts .
As stated previously , in 2009 , the Texas Legislature passed House Bill 3389 , which modified the Racial Profiling Law by adding new requirements ; this took effect on January 1st , 2010 . These changes included , but are were not limited to , the re-definition of a contact to include motor vehicles where a citation was issued or an arrest made . In addition , it required police officers to indicate if they knew the race or ethnicity of the individual before detaining them . Also , the 2009 law required adding " middle eastern " to the racial and ethnic category and submitting the annual data report to TCOLE before March 1st of each year .
In 2017 , the Texas Legislators passed H . B . 3051 which removed the Middle Eastern data requirement but standardized the racial and ethnic categories relevant to the individuals that came in contact with the police . In addition , the Sandra Bland Act ( S . B . 1849 ) was passed and became law . Thus , the most significant legislative act in Texas history regarding data requirements on law enforcement contacts , became law and took effect on January 1 , 2018 . The Sandra Bland Act not only requires the extensive collection of data relevant to police motor vehicle contacts , but it also mandates for the data to be analyzed while addressing the following :