HB 1108

AN ACT relating to motorcycle profiling by peace officers.

House Bill VanDeaver
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

This Texas bill prohibits law enforcement officers from engaging in motorcycle profiling, which means stopping or targeting motorcyclists based solely on their mode of transportation or motorcycle club affiliation, rather than suspicion of actual criminal activity. The bill requires all Texas law enforcement agencies to develop and implement a detailed written policy that defines motorcycle profiling, explicitly forbids the practice, creates a complaint process for individuals who believe they've been profiled, and mandates corrective action against officers found to have violated the policy. The policy must be adopted by December 1, 2025, with the law taking effect on September 1, 2025.

Subject Areas

Bill Text

relating to motorcycle profiling by peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 2B, Code of Criminal Procedure, is
amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1.  MOTORCYCLE PROFILING
Art. 2B.0081.  DEFINITIONS.  In this subchapter:
(1)  "Law enforcement agency" has the meaning assigned
(2)  "Motor vehicle stop" has the meaning assigned by
(3)  "Motorcycle profiling" means a law
enforcement-initiated action based wholly or partly 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.  The term includes a motor
vehicle stop that is made with respect to an individual operating a
motorcycle and that the peace officer extends beyond the period
necessary to effectuate the purpose of the stop.
Art. 2B.0082.  MOTORCYCLE PROFILING PROHIBITED.  A peace
officer may not engage in motorcycle profiling.
Art. 2B.0083.  LAW ENFORCEMENT POLICY ON MOTORCYCLE
PROFILING.  Each law enforcement agency in this state shall adopt a
detailed written policy on motorcycle profiling.  The policy must:
(1)  clearly define acts constituting motorcycle
(2)  strictly prohibit peace officers employed by the
agency from engaging in motorcycle profiling;
(3)  implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in motorcycle
profiling with respect to the individual; and
(4)  require the agency employing a peace officer to
take appropriate corrective action against the peace officer after
an investigation shows that the peace officer has engaged in
motorcycle profiling in violation of the agency's policy adopted
SECTION 2.  Not later than December 1, 2025, each law
enforcement agency in this state shall adopt the policy required by
Article 2B.0083, Code of Criminal Procedure, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to motorcycle profiling by peace officers.