TCOLE comparative analysis: what it must contain

Every Texas law enforcement agency that makes motor vehicle stops files an annual racial profiling report with the Texas Commission on Law Enforcement (TCOLE). It has two parts: numbers typed into TCOLE’s online form, and a separate comparative analysis uploaded as a PDF. This guide covers the second part.

What the statute requires

Texas Code of Criminal Procedure article 2B.0055(c) says the report “must include”:

“a comparative analysis of the information compiled under Article 2B.0054 to:
- (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of: (i) individuals recognized as members of racial or ethnic minority groups; and (ii) individuals not recognized as members of racial or ethnic minority groups;
- (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the individuals affected, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and
- (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered during those searches”; and
“information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.”

Article 2B.0055(d) adds that the report “may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer.”

What TCOLE asks for

TCOLE’s reporting page describes the upload as “a separate PDF Comparative Analysis document containing a statistical analysis of its motor vehicle stops compared to the gender and ethnic population of the agency’s reporting area,” with “a statement as to if racial profiling complaints were made against the agency and, if so, a listing of all racial profiling complaints and the corresponding resolutions.”

Its comparative analysis page adds that the analysis compares stops and their dispositions “by race or ethnicity, such as percentages or ratios,” and that “any incomplete data or data anomalies should be explained in your report.” TCOLE publishes a sample spreadsheet of counts and percentages.

The categories

The law defines five race or ethnicity categories (art. 2B.0051(3)): Alaska native or American Indian; Asian or Pacific Islander; black; Hispanic or Latino; and white. Officers record race or ethnicity “as stated by the individual or, if the individual does not state the individual’s race or ethnicity, as determined by the officer to the best of the officer’s ability” (art. 2B.0054(a)(1)(B)).

TCOLE’s online form collects, for the year: total stops; location; whether race or ethnicity was known before the stop; race or ethnicity; gender; reason for stop; whether a search was conducted, the reason, and whether contraband was found (and whether the finding led to arrest); the type of contraband; the result of the stop; the basis of any arrest; physical force resulting in bodily injury; and the number of racial profiling complaints.

Comparing with the population

TCOLE asks for a comparison with “the gender and ethnic population of the agency’s reporting area.” The usual source is the U.S. Census Bureau’s American Community Survey. Table B03002 gives population by Hispanic or Latino origin and race, which maps onto TCOLE’s five categories, and table B01001 gives population by sex. The “reporting area” depends on the agency: a city for a city police department, a county for a sheriff’s office, a school district for school district police. Whatever area is used, the report should name it and its source.

For the governing body

The same report goes to “the governing body of each county or municipality served by the agency, if the law enforcement agency is a local law enforcement agency” (art. 2B.0055(b)(2)). TCOLE lists optional summary information for the governing body, such as the percentage of stops by gender and race or ethnicity, the population of the reporting area, the most common reasons for stops and searches, and the number of stops with physical force resulting in bodily injury.

What the law says about the data

Article 2B.0056: “The data collected as a result of the reporting requirements of Articles 2B.0053 and 2B.0055 does not constitute prima facie evidence of racial profiling.”

Sources

StopDataReport is a statistical tool. It is not legal advice and is not affiliated with or endorsed by the Texas Commission on Law Enforcement (TCOLE). Your agency is responsible for the accuracy of its data and for its report.