December 2001

Dear Texas Police Chief,

We’re writing you today with twin purposes – to offer you important information related to local implementation of Texas’ new racial profiling law, and to request a copy of your department’s policy on the subject of racial profiling.

As you know, thanks to the passage of SB 1074, all Texas law enforcement agencies must install a departmental policy banning racial profiling and implementing the statute’s requirements for data collection, training, complaint processes, reporting, and public education by January 1, 2002.

By law, departments must begin limited data collection in January, and a much broader array of data beginning January 1, 2003. Cities may opt out of collecting “Phase II” data if they install cameras in every police car. But ACLU believes departments should gather “Phase II” data regardless of whether they install cameras, and further that full data collection should be implemented as soon as possible instead of waiting to “phase in.”

That’s because the data collection requirements in Texas’ statute provide chiefs and departmental supervisors critical new tools to manage field officers in their departments. That’s why departments like Austin and San Antonio opted to collect the full range of data envisioned in the law as soon as possible instead of waiting for the statutory deadline of January 1, 2003.

Many supervisory problems occur because officers in the field are essentially “on their own.” By collecting the full range of data envisioned in the statute, officers will document many more interactions with the public than has previously been the case, ultimately including traffic and pedestrian stops where people were detained but not arrested. This will provide invaluable tools for supervisors to manage your department’s scarce human resources, in addition to addressing racial profiling concerns.

We enclose a set of detailed suggestion for what needs to be in your local policy to satisfy the letter and spirit of SB 1074. (See those standards at http://www.aclutx.org/projects/police/racialprofilingstandards.htm) We urge you to view this statute not as some onerous requirement, but as a management tool that can enhance professionalism and accountability in your department.

Also, in light of the many new dilemmas facing law enforcement in the wake of the September 11 attacks, we think it’s especially important to include “Middle Eastern” as a racial category when you collect racial data. This would require no more than adding one code to an existing database field – one that’s mandatory whether or not you put cameras in your cars.

Thank you for taking time to look at the material provided. And thank you for sending us a copy of your racial profiling policy if it’s already finished, or alternatively as soon as you’ve completed it. We believe SB 1074 is good public policy that benefits the public, law enforcement supervisors, and every officer who believes that prejudice should not form the basis for police actions.

Sincerely,

Will Harrell Eva Owens

Executive Director, ACLU of Texas Executive Director,Texas Criminal Justice Reform Coalition

For a more detailed discussion of Texas’ requirements for local department policies, see http://www.aclutx.org/news/Racial_Profiling_Manual.pdf. That document was designed to assist community leaders, the media, and local departments in understanding Texas’ new law.