Code of Criminal Procedure · Art. 2B.0052

Racial Profiling Prohibited

Racial Profiling Prohibited (Art. 2B.0052): key points and worked practice questions for Texas peace officer exam preparation.

Formerly Art. 2.131; renumbered as Art. 2B.0052 effective January 1, 2025 (H.B. 4504, 88th Leg.).

Key points

  • Racial profiling (defined in Art. 2B.0051(4)): a law enforcement-initiated action based on an individual's race, ethnicity, or national origin
  • Rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity
  • A peace officer may not engage in racial profiling (Art. 2B.0052)

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Worked examples

Worked example 1

CCP Art. 2B.0052 (formerly Art. 2.131) prohibits a peace officer from:

  1. Engaging in racial profiling Correct
  2. Issuing warning citations
  3. Asking for ID during a traffic stop
  4. Working off-duty employment
Why: Art. 2B.0052 (formerly Art. 2.131) provides that a peace officer may not engage in racial profiling. Art. 2B.0053 (formerly Art. 2.132) requires each law enforcement agency to adopt a detailed written policy on racial profiling, including a complaint process and collection of motor-vehicle-stop data.
Statute: Tex. Code Crim. Proc. art. 2B.0052