By: González of El Paso H.B. No. 1837
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to motorcycle profiling by peace officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.1315 to read as follows:
         Art. 2.1315.  MOTORCYCLE PROFILING PROHIBITED. (a) In this
  article, "motorcycle profiling" means a law enforcement-initiated
  action based, in whole or in part, on an individual operating a
  motorcycle or wearing motorcycle-related or motorcycle
  club-related paraphernalia rather than on the individual's
  behavior or on information identifying the individual as having
  engaged in criminal activity.
         (b)  A peace officer may not engage in motorcycle profiling.
         SECTION 2.  Title 5, Civil Practice and Remedies Code, is
  amended by adding Chapter 117 to read as follows:
  CHAPTER 117. LIABILITY ARISING FROM CONDUCT OF PEACE OFFICERS OR
  LAW ENFORCEMENT ACTIVITIES
         Sec. 117.001.  MOTORCYCLE PROFILING. (a) An individual
  against whom a peace officer has engaged in motorcycle profiling in
  violation of Article 2.1315, Code of Criminal Procedure, may bring
  an action against the peace officer or the governmental unit
  employing the peace officer to recover damages arising from the
  motorcycle profiling and for an injunction against future
  violations of that article.
         (b)  An individual who establishes in an action under this
  section that a peace officer engaged in motorcycle profiling
  against the individual is entitled to recover reasonable attorney's
  fees and litigation costs.
         (c)  A governmental unit is vicariously liable under the
  doctrine of respondeat superior for damages arising from motorcycle
  profiling engaged in by a peace officer employed by the
  governmental unit.
         (d)  A governmental unit's sovereign or governmental
  immunity to suit and from liability is waived to the extent of
  liability created by this section.
         (e)  A peace officer may not assert official immunity as a
  defense to liability under this section.
         SECTION 3.  Chapter 117, Civil Practice and Remedies Code,
  as added by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2021.