BILL ANALYSIS

H.B. 5228

By: Ward Johnson

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to data collected by the Texas Commission on Law Enforcement (TCOLE), law enforcement agencies in Texas conduct millions of traffic stops each year. Data about those stops are reported to TCOLE and compiled into an annual report that lists for every agency the number of stops, demographics of individuals who are stopped, and other incident data characterizing the stops. The bill author has informed the committee, however, that there are gaps and inconsistencies in reporting, such as some agencies misreporting the use of physical force at stops, and that such errors make good agencies look bad and obscure real problems that should be scrutinized. The Institute for Predictive Analytics in Criminal Justice at Tarleton State University annually analyzes this statewide data and recommended in its most recent report that a "standardized reporting process, which requires all data to be accurate, valid, and in balance should be required." H.B. 5228 seeks to address this issue by requiring TCOLE to develop policies for ensuring the quality and accuracy of incident-based data relating to motor vehicle stops by law enforcement agencies and to conduct a study on submitted incident-based data.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5228 amends the Occupations Code to require the Texas Commission on Law Enforcement (TCOLE), in consultation with the specified law enforcement entities with which it is required under current law to develop guidelines for the standardized submission of law enforcement agency reports containing incident-based data relating to motor vehicle stops, to develop policies to ensure the quality and accuracy of the data in such a report. The bill requires TCOLE, not later than January 1 of every odd-numbered year, to review, and revise as necessary, those guidelines and policies to ensure that the incident-based data is of the quality necessary to enable academic research and reporting based on the data. The bill requires TCOLE to make the following available on its publicly accessible website:

· other than any information that is not subject to disclosure under state public information law, the incident-based data in a format that enables the public to obtain an electronic copy and readily access the information; and

· a glossary of terms relating to the incident-based data that assists the public in understanding the data.

H.B. 5228 requires TCOLE to conduct a study on the incident-based data submitted to TCOLE relating to motor vehicle stops and, based on the findings of that study, make recommendations regarding the following:

· improving the quality of the collected incident-based data;

· reducing any redundant reporting or regulatory requirements; and

· the feasibility of collecting sufficient data to support a multivariate analysis and collecting and reporting data not subject to the requirements of Code of Criminal Procedure provisions relating to reports on motor vehicle stops, regarding encounters between peace officers and members of the public, including each detention by a peace officer of a pedestrian.

The bill requires TCOLE, not later than January 1, 2027, to report the study's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature. These provisions relating to the study and report expire September 1, 2027.

EFFECTIVE DATE

September 1, 2025.