By: Blanco S.B. No. 2141
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.