Standard 2
Each 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 reports to the employing
law enforcement agency information relating to the stop, to include:
a physical description of each person detained, including gender and the person’s race or
ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as
determined by the officer’s best judgment;
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).