The State of Texas defines racial profiling as 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 (Texas Code of Criminal Procedure Article 3.05). Texas peace officers are prohibited from engaging in racial profiling and the State of Texas requires that a law enforcement agency, in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedure, annually report to both its governing body and the Texas Commission on Law Enforcement (TCOLE), data collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched, and/or arrested.
In addition to an annual racial profiling report, Article 2.132 requires that the police department:
- Adopt a detailed written policy on racial profiling that defines acts constituting racial profiling and strictly prohibits such conduct.
- Implement racial profiling complaint procedures and educate the public about the process for filing a racial profiling complaint.
- Take corrective action against officers who violate the agency’s racial profiling policy.
- Collect information on motor vehicle stops related to the race or ethnicity of the individual stopped, whether a search was conducted, whether the search was consensual, whether the officer knew the race of the individual prior to conducting the stop, and whether the officer used physical force resulting in bodily injury during the stop.
- Submit an annual report of the information collected to TCOLE.
Texas State University Police Department General Order 301.07 Professional Police Contacts addresses all the above requirements and is attached to this report.
Agency Racial Profiling Report
Total Stops: 440
-
Street address or approximate location of the stop.
City Street: 431
US Highway: 0
State Highway: 0
County Road: 0
Private Property or Other: 9 -
Was race or ethnicity known prior to stop?
Yes: 7
No: 433 -
Race or ethnicity
Alaska Native/American Indian: 3
Asian/Pacific Islander: 10
Black: 76
Hispanic/Latino: 153
White: 198 -
Gender
Female: 180
Male: 260 -
Reason for stop?
Moving traffic violation: 265
Vehicle Traffic Violation: 148
Violation of Law: 26
Pre-existing knowledge: 1 -
Was a search conducted?
Yes: 36
No: 404 -
Reason for search?
Probable Cause: 25
Consent: 6
Contraband in Plain View: 2
Inventory: 3
Incident to Arrest: 0 -
Was contraband discovered?
Yes: 25
No: 11 -
Description of contraband.
Drugs: 25
Currency: 0
Alcohol: 1
Weapons: 1
Other: 0
Stolen Property: 0 -
Result of the stop
Arrest: 0
Citation: 96
Citation and Arrest: 7
Verbal Warning: 1
Written Warning: 333
Written Warning and Arrest: 3 -
Arrest based on
Outstanding Warrant: 1
Violation of City Ordinance: 0
Violation of Penal Code: 9
Violation of Traffic Law: 0 -
Was physical force resulting in bodily injury used during stop?
Yes: 0
No: 440
Demographic Analysis
Chart 1 identifies the percentage of the population for Texas State University Fall 2020 and City of San Marcos 2019 by gender and by race/ethnicity. For the purposes of this report, the Fall 2020 student population of Texas State University was reported to be 37,812 and the City of San Marcos population is estimated to be 64,776. These demographic and population estimates were obtained from Texas State University Office of Institutional Research Student Demographics and the U.S. Census Bureau estimates of population published in July 2019.
| Texas State University Fall 2020 | City of San Marcos Census 2019 (2020 not available) | |||
|---|---|---|---|---|
| GENDER | Number | % | Number | % |
| Male | 15200 | 40.2% | 31,351 | 48.4% |
| Female | 22612 | 59.8% | 33,424 | 51.6% |
| 2020 Estimated Population | 37,812 | 100.0% | 64,776 | 100.0% |
| Texas State University Fall 2020 | City of San Marcos Census 2019 (2020 not available) | |||
| RACE/ETHNICITY | Number | % | Number | % |
| Alaska Native/American Indian | 2117 | 5.6% | 194 | 0.3% |
| Asian/Pacific Islander | 492 | 1.3% | 1,684 | 2.6% |
| Black or African American | 4197 | 11.1% | 4,145 | 6.4% |
| Hispanic/Latino | 14633 | 38.7% | 27,918 | 19.5% |
| White | 16373 | 43.3% | 54,606 | 59.5% |
| 2020 Estimated Population | 37,812 | 100.0% | 64,776 | 100.0% |
The State of Texas requires police departments to use these five defined Race/Ethnicity categories when collecting demographic data for the Annual Racial Profiling Report. Those categories are Alaska Native/American Indian, Asian/Pacific Islander, Black/African American, Hispanic/Latino, and White.
Chart 2 illustrates the outcomes of motor vehicle contacts by Race/Ethnicity. In 2020, Texas State University Police Officers conducted 440 traffic stops. Of the total stops conducted, 0 (0%) resulted in arrest, 96 (21.8%) resulted in the officer issuing a traffic citation, 7 (1.6%) resulted in citation and arrest, 1 (0.2%) resulted in a verbal warning, 333 (75.7%) resulted in a written warning, and 3 (0.7%) resulted in a written warning and an arrest.
| Arrest | Citation | Citation and Arrest | Verbal Warning | Written Warning | Written Warning & Arrest | All Stops | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Race/Ethnicity | Total | % | Total | % | Total | % | Total | % | Total | % | Total | % | Total | % |
| AK Native/Amer Indian | 0 | 0.0% | 1 | 1.0% | 0 | 0.0% | 0 | 0.0% | 2 | 0.6% | 0 | 0.0% | 3 | 0.7% |
| Asian/Pacific Islander | 0 | 0.0% | 0 | 0.0% | 0 | 0.0% | 0 | 0.0% | 10 | 3.0% | 0 | 0.0% | 10 | 2.3% |
| Black | 0 | 0.0% | 16 | 16.7% | 2 | 28.6% | 0 | 0.0% | 58 | 17.4% | 0 | 0.0% | 76 | 17.3% |
| Hispanic/Latino | 0 | 0.0% | 47 | 49.0% | 3 | 42.9% | 0 | 0.0% | 115 | 34.5% | 3 | 100.0% | 153 | 34.7% |
| White | 0 | 0.0% | 32 | 33.3% | 2 | 28.6% | 1 | 100.0% | 148 | 44.4% | 0 | 0.0% | 198 | 45.0% |
| TOTAL | 0 | 100% | 96 | 100.0% | 7 | 100.0% | 1 | 0.0% | 333 | 100.0% | 3 | 100.0% | 440 | 100.0% |
Chart 3 illustrates the ticketed or arrested drivers compared to the total stops for each group contact, and to the demographics for Texas State University and the City of San Marcos.
| Total Stops | Citation and/or Arrest | TXST Population | City of San Marcos Population | |||||
|---|---|---|---|---|---|---|---|---|
| Race/Ethnicity | Total | % | Total | % | Total | % | Total | % |
| AK Native/Amer Indian | 3 | 0.7% | 1 | 1.0% | 2117 | 5.6% | 194 | 0.3% |
| Asian/Pacific Islander | 10 | 2.3% | 0 | 0.0% | 492 | 1.3% | 1,684 | 2.6% |
| Black | 76 | 17.3% | 18 | 17.5% | 4,197 | 11.1% | 4,145 | 6.4% |
| Hispanic/Latino | 153 | 34.7% | 35 | 34.0% | 14,633 | 38.7% | 27,918 | 19.5% |
| White | 198 | 45.0% | 49 | 47.5% | 16,373 | 43.3% | 54,606 | 59.5% |
| TOTAL | 440 | 100.0% | 106 | 100.0% | 37,812 | 100.0% | 64,776 | 100.0% |
White Motorists. Of the total traffic stops conducted in 2020, 45.0% (198) of the motorists were White. Of the 103 motorists cited or arrested, 47.5% (49) were White, which is 24.8% of all White motorists contacted. White population is estimated to be 43.3% (16,373) of the Texas State University population and 59.5% (54,606) of the City of San Marcos population.
Hispanic/Latino Motorists. Of the total traffic stops conducted in 2020, 34.7% (153) of the motorists were Hispanic/Latino. Of the 103 motorists cited or arrested, 34.0% (35) were Hispanic/Latino, which is 22.9% of all Hispanic/Latino motorists contacted. Hispanic/Latino population is estimated to be 38.7% (14,633) of the Texas State University population and 19.5% (27,918) of the City of San Marcos population.
Black Motorists. Of the total traffic stops conducted in 2020, 17.3% (76) of the motorists were Black. Of the 103 motorists cited or arrested, 17.5% (18) were Black, which is 23.7% of all Black motorists contacted. Black population is estimated to be 11.1% (4,197) of the Texas State University population and 6.4% (4,145) of the City of San Marcos population.
Asian/Pacific Islander Motorists. Of the total traffic stops conducted in 2020, 2.3% (10) of the motorists were Asian/Pacific Islander. Of the 103 motorists cited or arrested, 0.0% (0) were Asian/Pacific Islander, which is 100% of all Asian/Pacific Islander motorists contacted. Asian/Pacific Islander population is estimated to be 1.3% (492) of the Texas State University population and 2.6% (1,684) of the City of San Marcos population.
Alaska Native/American Indian. Of the total traffic stops conducted in 2020, 0.7% (3) of the motorists were Alaska Native/American Indian. Of the 103 motorists cited or arrested, 1.0% (1) were Alaska Native/American Indian, which is 33.3% of all Alaska Native/American Indian motorists contacted. Alaska Native/American Indian population is estimated to be 5.6% (2117) of the Texas State University population and 0.3% (194) of the City of San Marcos population.