02.09.2021 - Complete Agenda PacketTOWN OF
TROPHY CLUB
February 09, 2021
Town of Trophy Club
Meeting Agenda
Town Council
7:00 PM
CALL TO ORDER AND ANNOUNCE A QUORUM
1 Trophy Wood Drive
Trophy Club, Texas 76262
Council Chamber
INVOCATION led by Reverend Edlen Cowley, First United Methodist Church, Trophy
Club
PLEDGES led by Council Member Wilson
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
PUBLIC COMMENTS
This is an opportunity for citizens to address the Council on any matter. The Council is
not permitted to take discuss or take action on any presentations made to the Council.
Presentations are limited to matters over which the Council has authority. Speakers
have up to four (4) minutes or the time limit determined by the Presiding Officer. Each
speaker must have submitted their request to speak via the Public Portal or have
completed the Speakers Form. You may also email mayorandcouncil@trophyclub.org
ANNOUNCEMENT(S) AND REPORT(S) — Town Manager Norwood's Report
1. *Business Spotlight — Optic-Kleer Northwest DFW. (S. Norwood)
2. ISO Rating Presentation from Texas Department of Insurance/State Fire Marshal's
Office. (S. Norwood)
PRESENTATION/PROCLAMATION
3. Texas Registered Municipal Clerk (TRMC #207) 6t' Recertification Recognition to
Leticia Vacek from the Texas Municipal Clerk's Certification Program at the University
of North Texas. (Mayor Fleury)
4. Take appropriate action approving Proclamation 2021-03 Proclaiming the month of
February as Black History Awareness Month in Trophy Club. (Mayor Fleury)
CONSENT AGENDA
5. Take appropriate action regarding the Town Council Special Retreat Minutes dated
January 9, 2021 and Town Council Regular Minutes dated January 26, 2021. (L. Vacek)
6. Take appropriate action regarding the First Quarter Investment Report for Fiscal Year
2021. (M. Erwin)
INDIVIDUAL ITEM(S)
7. Take appropriate action regarding Ordinance 2021-05 amending the Fiscal Year 2021
Budget of the Town of Trophy Club, Texas (Budget Amendment No. 1) providing for an
amendment to appropriate funds related to changes in various departments. (M. Erwin)
8. Receive Annual Racial Profiling Report. (P. Arata)
EXECUTIVE SESSION
9. Executive Session pursuant to Section 551.074 Personnel Matters — Annual Review of
Town Secretary. (Mayor Fleury)
RECONVENE INTO REGULAR SESSION
10. Take appropriate action on Executive Session Item.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as allowed
by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall,
1 Trophy Wood Drive, Trophy Club, Texas, on Friday, February 5, 2021 by 5:00 p.m. in
accordance with Chapter 551, Texas Government Code.
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary's Office at 682-237-2900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
Members of the Town Council may be participating remotely in compliance with the Texas
Open Meetings Act, Town Council Rules of Procedure, or under the provisions provided by
the Texas Governor in conjunction with the Declaration of Disaster enabled March 13, 2020.
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Moving from ISO-3 to ISO-1:
Effective March 1 st, 2021, Trophy Club homeowners and local business owners may qualify to receive a lower
insurance renewal rate as a result of the ISO 1 rating score earned by the Trophy Club Fire Department.
The City joins the top 1% of communities in the US for excellence in fire protection. Only 1 in 33 Texas cities
have received an ISO I rating.
"This is a town wide accomplishment," says Trophy Club Fire Chief J. Taylor. "It takes a collaborative effort
between all town departments, and support from our City Council over a long period, to earn a perfect rating. I
especially commend our staff for their dedication and commitment to provide the citizens of Trophy Club
superior property fire protection."
What is an ISO Rating?
An ISO rating is used by most insurance companies to predict and analyze risk when establishing insurance
premiums. Approximately 46,000 fire departments around the country are evaluated and classified every 10
years by the Insurance Service Office (ISO), a risk management firm for the insurance industry, using a Public
Protection Classification (PPC) program. Departments receive a score from 1 to 10 based on a 100 point
grading system. The grading is comprised of Fire Department-50%, Water Utilities-40%, and Emergency 911
Dispatch-10%.
In 2008, the Town of Trophy Club received a 74.33 ISO 3 rating compared to this year's score of 95.62 ISO 1
rating. The improvement was in part contributed to the addition to firefighter minimum staffing from 4 per shift,
to 5. This is currently accomplished by supplementing staff with part-time professional firefighter/paramedics.
Staffing, improved fire apparatus, along with major improvements in personal protective equipment (PPE),
departmental training / records, and automatic -aid from surrounding communities contributed to the increased
score. Another huge component was the creative utilization of staffing to implement Squad 681 for EMS/Fire
responses. This broadens our response in many areas, including providing the ability to respond to back-to-
back emergency responses without 20-25 minute automatic aid delays experienced in the past. The Trophy Club
Fire Department is committed to continue its efforts to maintain the ISO 1 rating for years to come.
Trophy Club residents and business owners are encouraged to share the new rating information with their
insurance providers at the time of renewal no earlier than March 1, 2021. For more information about the ISO 1
rating, please call the Trophy Club Fire Department at 682-237-2940. In February 2021, a signed letter from
Trophy Club Fire Chief, J. Taylor, will be available for download on the Town or Trophy Club official website,
www.trophyclub.org.
::§iiii 1
CLASS
TROPHY CLUB
FIRE DEPARTMENT
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10/20/2020
TEXAS DEPARTMENT OF INSURANCE
State fire Marshal's Office (1124M)
333 Guadalupe Street, Austin, Texas 78701 * PO Box 149221, Austin, Texas 78714
(512) 676-6800 1 F: (512) 490-1054 1 TDI.texas.gov/fire I @TXSFMO
Mr. Jack Taylor
Chief of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
jtaylor@trophyclub.org
Dear Mr. Taylor:
Place Code: Denton: 12185 Tarrant: 43980
Insurance Services Office (ISO) has submitted a recommendation concerning your
community's Public Protection Classification (PPC). Currently, the Community's Public
Protection Classification is a Class 03.
Insurance Services Office is recommending the classification be changed to a Class 01,
with an effective date of 3/1/2021. The recommendation is based on a review of your
community performed on 5/19/2020 and does include application of the Exception to the
Fire Suppression Rating Schedule.
With a single class rating, all class -rated properties will use Class 01.
Public Protection Classifications range from 1 (best) to 10 (worst).
We have reviewed the information provided and believe it is enough to grant approval. The
Insurance Services Office will be notified of our approval of their recommendation and the
effective date.
If you have any questions regarding this change, you may be reached at the address
indicated above or by email to PPCOversight@tdi.texas.gov.
Please make sure all community officials and residents within your district are
notified of the new Public Protection Classification rating for your community, and
the effective date.
We would really like to find out how you feel about the Public Protection Classification (PPC)
process and the Insurance Services Office (ISO) inspection services, by your participation in
a brief customer satisfaction survey.
2
As a newly rated community you are our target audience and we would appreciate
your feedback. The data you provide to us will assist us in reviewing our processes
to make our relationships better. Please click here to complete our customer
satisfaction survey.
.liY1t (mot/ f
We thank you for your time.
Sincerely,
Jesse James
Williams PPC
Oversight
Officer
PPCOversight@tdi.texas.gov
TEXAS STATE FIRE MARSHAL
❑ Approved
Signature: py"a, `G`eic�1 Date:
3
11-04-2020
TOWN OF
TROPHY CLUB WEBSITE DRAFT SAMPLE
Trophy Club Residents and Business Owners, February 9, 2021
Effective March 1, 2021, as assigned by Insurance Services Office Inc. (ISO), all homes and/or
businesses located within the town limits of Trophy Club, TX and jurisdictional response area
served by the Trophy Club Fire Department are designated as ISO-1, Public Protection
Classification (PPC). This letter may serve as official notification for Trophy Club residents
and business owners to share with their respective property insurance company. The ISO-1
designation may yield varying discounts to Trophy Club residents and business owners. Your
insurance provider may require receipt of an official ISO-1 designation letter to credit any
applicable discounts.
We want our residents and business community to know that their safety and quality of life are
our top concerns. When companies look to Trophy Club, we want them to feel confident
knowing that not only will they receive a discount on their insurance rate with our ISO-1
classification, but that our Town continuously invests in the departments that will directly affect
them.
Sincerely,
Jack G. Taylor III
Fire Chief
Trophy Club Fire Department
"Your Safety is our Passion"
4
Century Insurance Agency
2735 Wind River Wne Ste
151
Denton, Tx. 76210
Phone: 940-387-8811
Fax: 940-383-0303
Toll Free: 866-445.5599
Email:
jason@ciaauto.com
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Century Insurance Agency, Inc.
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June 19, 2020
J. Taylor, Fire Chief
Town of Trophy Club
295 Trophy Club Dr
Trophy Club, Tx. 76262
Hello Chief Taylor,
Pursuant to our telephone conversation today June 19, 2020, please accept this letter of
explanation to clarify the impact that an improved PPC rating can have on the rates for property
insurance for both homeowners and commercial property owners.
I've been a personal insurance agent since 1990, and currently our agency represents sev-
eral of the leading homeowner insurers in the United States such as Safeco, Travelers, Allstate,
Nationwide, Metlife, Progressive, and several others. The most important rating factor for all lines
of property insurance is the Protection Class. Insurance Service Office (I.S.O.) is the agency
tasked with evaluating all fire departments in the United States. The best possible rating is a 1
(one) and the worst is a 10 (ten).
Trophy Club has always had an excellent rating of 3. If it is determined after review that
ISO declares the Trophy Club Fire Department as a PPC 1, then that will have the effect of an av-
erage savings on property insurance of about 10%. In some cases, it could be as much as 15%.
Because every insurance company offers a variety of coverages and discounts, the impact will be
different for every home and business. But the average should be fairly significant at 10%d.
I would point out that a PPC 1 is very rare. There are some very fine departments that
have a 3, 4, or 5. It has a lot to do with equipment, water pressure, location of stations, emergency
preparedness, training levels, and historical response times. A lot goes into earning the Exemplary
rating of a PPC 1.
Best wishes to the Trophy Club FD and the citizens of Trophy Club. I hope this information
helps. I am available to answer any questions you or your residents may have about this or any
other insurance questions.
Sincerely,
?JasonIHeLal
President
Century Insurance Agency, Inc.
jason@ciaauto.com
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Town of Trovbp Club, Tent
WHEREAS, the beginning of our African-American/Black History Month can be
traced to 1915 when Dr. Carter G. Woodson founded what is now called the Association
for the Study of African -American Life and History (ASALH) which introduced the first
Black History Week in February, 1926; and
WHEREAS, In 1976, President Gerald Ford issued the first African -American
History Month Proclamation calling upon all Americans to celebrate this observance each
February; and since then, US Presidents going forward have issued proclamations to pay
tribute to African Americans and their contributions; and
WHEREAS, African-American/Black History Month is an annual celebration
recognizing significant contributions of African -Americans within the Arts, Entertainment,
Sports, Politics, Sciences; etc.; and
WHEREAS, this year, the ASALH has selected, "The Black Family:
Representation, Identity, and Diversity" as this year's theme;
NO THEREFORE I, Mayor Alicia Fleury, do hereby proclaim the month of February as:
"BLACK HISTORY AWARENESS MONTH IN TROPHY CLUB, TEXAS"
and ask that all residents partake in recognizing the significant contributions of our Black
History today and always.
IN WITNESS WHEREOF, I have here unto set my hand and caused seal of the Town of
Trophy Club, Texas to be affixed on this 9th day of February 2021.
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR MINUTES
TUESDAY, JANUARY 26, 2021; 7 PM
The Trophy Club Town Council met in a Regular Session on Tuesday, January 26, 2021. The meeting was held at Town
Hall, 1 Trophy Wood Drive in the Council Chambers.
TOWN COUNCIL MEMBERS PRESENT:
Alicia L. Fleury
Mayor
Greg Lamont
Mayor Pro Tem, Place 1
Greg Wilson
Council Member, Place 2
Sean Bone
Council Member, Place 3
Karl Monger
Council Member, Place
Michael Geraci
Council Member, Place 5
Philip Shoffner
Council Member, Place 6
STAFF PRESENT:
Steve Norwood
Town Manager
Wade Carroll
Assistant Town Manager
Leticia Vacek
Town Secretary/RMO
David Dodd
Town Attorney
Patrick Arata
Police Chief
Jack Taylor
Fire Chief
Tony Jaramillo
Director of Parks and Recreation
Mike Erwin
Finance Manager
Jill Lind
Communications & Marketing Manager
Lisa Payne
Town Planner
CALL TO ORDER
Mayor Fleury called the meeting to order at 7:00 pm and noted a quorum was present with Mayor Pro Tern Lamont,
Council Members Wilson, Bone, Monger, Geraci and Shoffner.
INVOCATION
The Invocation was led by Pastor Brooks, Lake Cities Church. He prayed for our country where everyone is free, the
ability to make our own laws, govern ourselves, speak freely, worship freely and to extend blessings on these women
and men who are taking care of their neighbors in this community and to always put God first.
PLEDGES
The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tern Lamont.
Mayor Fleury recognized and congratulated the Byron Nelson High School Competition Cheer Team for their recent
UIL Division 2 Spirit State Champion, who will be recognized at the February 23, 2021 Town Council Meeting.
PUBLIC COMMENT(S)
Town Secretary Vacek confirmed there were no speakers registered for Public Comment.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Norwood's Reports (S. Norwood)
*Business Spotlight — Starwood Cafe — Dan Rushiti
*Recognition of Byron Nelson High School Competition Cheer Team for UIL 6A Division 2 SPIRIT STATE
CHAMPION
Assistant Town Manager Carroll introduced Mr. Rushiti, owner of Starwood Cafe. Mr. Rushiti thanked the citizens for
the tremendous support since their opening in November 2020 and gave a brief family history of how the restaurant
January 26, 2021 Page 1 of 6
business came about, noting that Trophy Club is the family's eleventh cafe, a "fill your belly" theme with a touch of
healthy flair. Mayor Fleury thanked Mr. Rushiti for his presentation and commented on the flavorful dishes. Assistant
Town Manager Carroll commented that beer and wine had recently been added to their menus.
PROCLAMATIONS
2. Issuance of Proclamation 2021-01 recognizing the 2020 Ranking for the Town of Trophy Club as the 2nd Safest
City in Texas (S. Norwood).
Mayor Fleury read Proclamation 2021-01 and made a motion to approve the proclamation. Council Member Monger
seconded the motion. The motion carried unanimously.
Chief Arata thanked the Council for the recognition and thanked the Police Officers for protecting the Town 24/7,
interacting with the schools and citizens, as well as the community being the "eyes and ears" of the Town, helping make
Trophy Club the 2nd Safest City in Texas. He praised the involvement and dedication of all Volunteers and Citizens on
Patrol Program. Mayor Fleury congratulated Detective Annillo on his recent promotion, with Trophy Club receiving the
Grant for the Juvenile Detective Position. A photo was taken of all Officers present with Mayor Fleury.
Motion
7-0-0
3. Issuance of Proclamation 2021-02 recognizing February as Kindness Awareness Month in Trophy Club (Mayor
Fleury).
*BNHS Student Council will announce a February Campaign Kindness Plan.
Mayor Fleury read Proclamation 2021-02 and made a motion to approve the proclamation. Council Member Geraci
seconded the motion. The motion carried unanimously.
Mayor Fleury recognized Trophy Club Rotary Members Heather Hancock and Chasity Murphy for their service in
spreading Kindness throughout the Community. Ms. Hancock shared Rotary's Service Projects that include Meals on
Wheels, Salvation Army Bell Ringing, Coat Drive, and gathering food/snack packs for weekend meals to BNHS Students.
Mayor Fleury mentioned the Trophy Club Rotary has been involved with cleaning up homes in the area as well as
community beautification with trash pick-up, and reported that Trophy Club Rotary won the Salvation Army Bell Ringing
Project. Ms. Hancock shared their meetings are held on Friday Mornings at the Trophy Club Country Club, 8 AM — 9
AM, with breakfast served, a speaker presentation, and anyone with a heart to serve is welcomed to attend. Mayor
Fleury recognized and thanked Trophy Club Residents Alan and Vivian for graciously donating the "Faith Hope and Love"
signs seen throughout the Town.
Mayor Fleury also recognized Byron Nelson Student Council Representatives to share their Campaign for Kindness
Program. Members Sydney Forrester, Dorna Kaufman, Danielle Gomez, Mason Stapleton, and Abigail Springfield gave
a brief overview of their service projects that include Support Our Soldiers, a community service drive to deliver
necessary items to Soldiers; BNHS Alumni sharing their past service projects, positive message clothespins to all students
and faculty, incorporating Black History Month that ties together to spread kindness. Each day there is a new challenge
and activity, including a Kindness Dress Up Day (i.e. pajama day), cutting out 2,700 individual hearts with kind messages
for all students, who display these on the walls and their backpacks, as well as promoting neighborly camaraderie.
Mayor Fleury thanked the Student Council Representatives for their presentation and involving the middle and
elementary schools' participation, and invited the Community to participate in the upcoming Virtual Fun Run and
Service Project.
Motion:
7-0-0
Mayor Fleury announced she would address Item #15 at this time.
15. Take appropriate action on Public Safety Pay Adjustments (S. Norwood).
January 26, 2021 Page 2 of 6
Mayor Fleury reported staff had been given the direction to review comparable cities and their Public Safety Salaries
for Police and Fire positions. Council Member Monger moved to approve the recommended Public Safety Pay
Adjustments. Council Member Wilson seconded the motion.
Chief Arata stated that on behalf of the men and women of the TC Police Department, he extended their gratitude for
the Mayor and Council's support. Chief Taylor thanked the Council for their approval. Council Member Shoffner
thanked Staff for moving quickly and diligently and making this a priority. Mayor Fleury also thanked Staff and Council
for the long hours involved with this recommendation. Assistant Town Manager Carroll added his appreciation for
the Council's input and feedback and the Staff involved getting the pay adjustments accomplished. The motion carried
unanimously.
Motion
7-0-0
PUBLIC HEARING ITEM(S):
Mayor Fleury declared the Public Hearing Open on the stated items at 7:30 p.m.
4. Case PD-AMD-20-003 (Domestic Pet Services)
a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a
definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic
Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club
Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne).
b. Discussion and recommendation for adoption of Ordinance 2021-02 for a Request by PD Planned
Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the
Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the
Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club
Drive and SH 114 (L. Payne).
a (1) Case SUP 20-002 (Pet Bar)
Take appropriate action for adoption of Ordinance 2021-03 for a Request by Pet Bar for a
Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned
Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Club
Drive and approximately 250 feet north of SH 114 (L. Payne)
b (2) Case SUP 20-003 (City Vet)
Take appropriate action for adoption of Ordinance 2021-04 for a Request by City Vet for a
Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned
Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Club
Drive and approximately 165 feet north of SH 114 (L. Payne)
Town Planner Payne gave a presentation on the Public Hearing Items for Pet Services in Trophy Club Town Center (PD-
30). The Developer with PD-30 requested that Domestic Pet Services be added to the Code for dog grooming and a
veterinarian, and proposed that each use obtain a Special Use Permit (SUP) from the Planning & Zoning Commission
and Town Council to determine if a particular use is appropriate in a specific location. Exhibit B shows Domestic Pet
Services, with an SUP required. Exhibit C shows the definition of Domestic Pet Services, which includes grooming,
training, pet supplies, medical care and medical boarding in an enclosed building and the sale of pets or service for farm
animals is not allowed. A Pet Bar falls under the definition of Domestic Pet Services, requires an SUP, as a full service
facility, open Monday — Friday, 9 AM — 6 PM, and operate in 2,200 sq. foot suite, with no outdoor usage. City Vet
provides veterinary services, requiring an SUP, offering medical, dental, and surgical services, and medical boarding,
open 7 — 7 PM, and 8 - 6 PM on Saturday and will operate out of a 3,600 square feet suite, with no outdoor usage.
January 26, 2021 Page 3 of 6
Public notices were distributed and staff received three letters from Trophy Club Town Center Residents in support.
The Planning & Zoning Commission considered these items on January 7, 2021. A motion to recommend approval for
these items was proposed, but the vote failed 2-5. Another motion was made to recommend approval with a revised
definition to not include medical care and medical boarding for veterinarian services as allowed uses, and the vote
passing of 6-1. The Planning & Zoning Commission unanimously recommended approval of the Pet Bar SUP as
proposed. Planning & Zoning recommended a denial for the City Vet SUP, which passed with a vote of 5-2. Staff
recommends approval of all three items.
Council Member Shoffner questioned, if without the definitions allowed for City Vet, why Planning & Zoning
Commission denied with a 6-1 vote and then a 5-2 vote. Mrs. Payne explained the vote of the Planning & Zoning
Commissioners. Council Member Shoffner asked if the definition was voted for first. Mrs. Payne reported that taking
out medical care and medical boarding was the vote that was approved. Council Member Shoffner asked with the 5-2
vote if the only concern pertained to the yard. Mrs. Payne confirmed the main concern pertained to the yard. Mrs.
Payne stated a City Vet Representative explained they have other locations without yards with no issues.
Mayor Fleury asked if there were any public comments; there being none, Mayor Fleury declared the Public Hearing
closed for all three items at 7:35 P.M.
Council Member Shoffner shared his opinion that he was not in favor personally with the approval of this item, as it
does not provide sales tax to the Town. He added that he disagreed with the Planning & Zoning Commission and read
the ordinance definition of Planning & Zoning's purpose and that these items did not reflect this explanation. He also
explained he could not approve a denial for this proposal based on this definition and would support the items.
Mayor Pro Tern Lamont made a motion to adopt Ordinance 2021-02 under Item 4B to add a definition for "Domestic
Pet Services" to the Code. Council Member Shoffner seconded the motion. The motion carried unanimously.
Motion:
7-0-0
Mayor Pro Tern Lamont made the motion to adopt Ordinance 2021-03 for Pet Bar Special Use Permit (SUP) to operate
at the Trophy Club Town Center (PD-30). Council Member Shoffner seconded the motion. The motion carried
unanimously.
Motion:
7-0-0
Mayor Pro Tem Lamont made the motion to adopt Ordinance 2021-04 for City Vet Special Use Permit (SUP) to operate
at the Trophy Club Town Center (PD-30). Council Member Shoffner seconded the motion. The motion carried
unanimously.
Motion:
7-0-0
Mayor Fleury welcomed the Pet Bar and City Vet to Trophy Club and for providing their services for the urban setting
in PD-30 and the Pet -Friendly Restaurants and also thanked Town Planner Payne for working on these items.
CONSENT AGENDA
All matters listed under Consent Agenda are considered routine by the Town Council and will be enacted by one
motion. No separate discussion of these items will be held. Items removed from the consent agenda will be
considered individually.
5. Take appropriate action regarding the Town Council Regular Meeting Minutes dated December 8, 2020 (L.
Vacek).
January 26, 2021 Page 4 of 6
6. Take appropriate action adopting Ordinance 2021-06 Calling and Ordering the May 1, 2021 General Election
for Council Place 3 and Place 4 (L. Vacek).
7. Take appropriate action for a Contract for Plan Review Services with Carroll Pruitt & Associates (W. Carroll).
8. Take appropriate action on a Three Year Renewal Contract in the amount of $3,500 per month with CW
Janitorial Services for Town Hall and the Fire Department (W. Carroll).
9. Take appropriate action for an Interlocal Agreement with the City of Grand Prairie for Asphalt Street Repairs
(W. Carroll).
10. Take appropriate action for an Agreement with Reynolds Asphalt to match bid pricing received by Grand
Prairie during a public bid for asphalt street repair services (W. Carroll).
Mayor Pro Tem Lamont moved to approve consent agenda items 5, 6, 7, 8, 9 and 10. Council Member Geraci
seconded the motion. The motion carried unanimously.
Motion:
7-0-0
INDIVIDUAL ITEMS
11. Take appropriate action appointing Three Members of Council to the Council Budget/Finance Subcommittee
for the purpose of fiduciary oversight of the budget and providing input regarding the budget process and
administration thereof (Mayor Fleury).
Mayor Pro Tern Lamont made a motion to appoint Council Member Shoffner, Council Member Wilson and himself to serve
on the Council Budget/ Finance Subcommittee. Council Member Shoffner seconded the motion. The motion carried
unanimously.
Motion:
7-0-0
12. Take appropriate action for Mayoral Appointments of Two Council Members to serve on the Council Subcommittee for
Interviewing Board & Commission Applicants (Mayor Fleury).
Mayor Pro Tern Lamont made a motion to appoint Council Member Monger and himself to serve on the Council Board &
Commission Subcommittee with Mayor Fleury. Council Member Shoffner seconded the motion. The motion carried
unanimously.
Motion:
7-0-0
13. Take appropriate action to remove the Council Liaison positions of all Boards & Commissions and require the
Board Chair to report their meeting summaries to Town Council (Mayor Fleury).
Council Member Geraci made a motion to remove all Council Liaison positions from all Boards & Commissions and require
the Board Chair to report the meeting summaries to Town Council. Council Member Bone seconded the motion. The motion
carried unanimously.
Motion:
7-0-0
14. Take appropriate action Creating a Public Art Committee comprised of Three Council Members appointed
by the Mayor (Mayor Fleury).
January 26, 2021 Page 5 of 6
Mayor Fleury reported the availability of using 15% of Hotel Occupancy Tax Funds for Public Art Projects such as the Entryway
Monumentation. Mayor Fleury moved to appoint Mayor Pro Tern Lamont and Council Member Shoffner to serve with herself
on the Public Art Subcommittee. Council Member Monger seconded the motion. The motion carried unanimously.
Motion:
7-0-0
16. Setting the Town Council Meetings for Calendar Year 2021(L. Vacek).
Mayor Fleury presented the proposed 2021 Town Council Meeting dates. Assistant Town Manager Carroll and Town
Secretary Vacek noted that the MUD confirmed to meet the last week of July for the Joint Meeting to discuss the Fire
Budget, with no Town business on the agenda. It was the consensus of the Council to meet once in March, (3/23/21),
and once in July, (7/13/21), as well as schedule the Joint MUD Meeting to be held the last week of July. It was noted
that the second meetings in November and December would be cancelled.
EXECUTIVE SESSION
Mayor Fleury recognized Mrs. Neelu Kharbanda, owner of Art Z, and thanked her for being a huge support to the
community and schools. Mrs. Kharbanda shared that Art Z is promoting an Art Contest with a theme "Kindness Is",
with proceeds benefitting Jonathan's House, a local Foster Care Organization that supports abused and neglected
children. There will be three age groups; local businesses have donated items to place in the winning baskets; Winners
will be show -cased at Town Hall and asked if the Winners could be recognized at the February 23, 2021 Town Council
Meeting.
Mayor Fleury recessed the meeting at 7:54 p.m. to convene in executive session.
17. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551(Texas
Open Meetings Act), the Council will convene into executive session to discuss the following:
1) Deliberate Economic Development Negotiations regarding a commercial prospect pursuant to Texas
Government Code 551.087 Economic Development (S. Norwood).
RECONVENE INTO REGULAR SESSION
18. Take appropriate action regarding the Executive Session (Mayor Fleury)
Mayor Fleury reconvened the meeting at 8:27 pm and stated no action was taken.
ADJOURNMENT
Mayor Fleury adjourned the meeting at 8:27 p.m.
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
Alicia L. Fleury, Mayor
Town of Trophy Club
January 26, 2021 Page 6 of 6
TOWN OF TROPHY CLUB
TOWN COUNCIL RETREAT MINUTES
Saturday, January 9, 2021; 9 AM
The Trophy Club Town Council met for their Annual Retreat on Saturday, January 9, 2021. The meeting was held at
the Holiday Inn, 725 Plaza Drive, Trophy Club, Texas in their Trophy Club Ball Room.
TOWN COUNCIL MEMBERS PRESENT:
Alicia L. Fleury
Mayor
Greg Lamont
Mayor Pro Tem, Place 1
Greg Wilson
Council Member, Place 2
Sean Bone
Council Member, Place 3
Karl Monger
Council Member, Place 4
Philip Shoffner
Council Member, Place 6
ABSENT:
Michael Geraci Council Member, Place 5
STAFF PRESENT:
Steve Norwood
Town Manager
Wade Carroll
Assistant Town Manager
Leticia Vacek
Town Secretary/RMO
David Dodd
Town Attorney
Patrick Arata
Police Chief
Jack Taylor
Fire Chief
Tony Jaramillo
Director of Parks and Recreation
Mike Erwin
Finance Manager
Jill Lind
Communications & Marketing Manager
Haley Archer
Human Resources Manager
Anita Otterson
Administrative Assistant
CALL TO ORDER
Mayor Fleury called the meeting to order at 9:00 am and noted a quorum was present with all Council Members
present except Council Member Geraci who was in quarantine due to Covid19.
INVOCATION
The Invocation was delivered by Wade Carroll, Assistant Town Manager.
PUBLIC HEARING ITEMS
1. Case SUP-20-001(Starwood Cafe Alcohol)
a) Conduct a Public Hearing for a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage
Sales for On -Premises consumption in conjunction with a restaurant use, generally located approximately
345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114.
b) Discussion and recommendation regarding a Request by Starwood Cafe for a Specific Use Permit for
Alcoholic Beverage Sales for On -Premises consumption in conjunction with a restaurant use, generally
located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114.
Mayor Fleury declared the public hearing open at 9:09 am and asked if there was anyone to speak on Item 1. There
being none, Mayor Fleury thanked Mr. Rushiti, owner, of Starwood Cafe for being present and declared the public
hearing closed at 9:10 am. She welcomed the Starwood Cafe to Trophy Club mentioning their great selection of
breakfast and lunch menu items.
January 9, 2021 Page 1 of 6
Mayor Pro Tern Lamont moved to adopt Ordinance 2021-01 allowing a Specific Use Permit for Alcohol Beverage
Sales at the Starwood Cafe. Council Member Monger seconded the motion. The motion carried unanimously as
follows:
AYE: Mayor Fleury, Mayor Pro Tern Lamont, Council Members Wilson, Monger, Shoffner
NAY: None
ABSENT: Bone, Geraci
2. Case PD-AMD-20-003 (Domestic Pet Services)
a) Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a
definition for "Domestic Pet Services" to Section I-D of the Development Standards and add "Domestic Pet
Services" (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club
Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne).
b) Discussion and recommendation for a Request by PD Planned Development District No. 30 (PD-30) to add
a definition for "Domestic Pet Services" to Section I-D of the Development Standards and add "Domestic
Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club
Town Center on the Northeast Corner of Trophy Club Drive and SH 114 (L. Payne).
a-1) Case SUP 20-002 (Pet Bar) Ordinance 2021-03
b-2) Case SUP 20-003 (City Vet) Ordinance 2021-04
Mayor Fleury declared the public hearing open at 9:14 am and announced that the applicant had requested a
continuance and asked if there was anyone to speak on Item 2. There being none, Mayor Fleury declared the public
hearing closed at 9:15 pm. Mayor Pro Tern Lamont moved to grant a continuance for Item 2. Council Member
Monger seconded the motion. The motion carried unanimously as follows:
AYE: Mayor Fleury, Mayor Pro Tern Lamont, Council Members Wilson, Monger and Shoffner
NAY: None
ABSENT: Bone, Geraci
COUNCIL RETREAT/GOAL SETTING SESSION
3. Discussion of Topics and Priorities and Ranking thereof related to Fiscal Year 2021 Budget (S. Norwood)
Mayor Fleury stated that this would be a more casual day than other retreats and made note of not hiring a
facilitator. She thanked everyone for being present on a Saturday noting that she looked forward to today, their
discussions, and providing direction to staff.
Mr. Norwood explained that holding the Council Retreat was the first step in the FY2021 Budget process. He
mentioned that last year, the Council agreed not to increase property taxes and provided staff with direction to
move forward with the implementation of the FD Squad Concept. He stated that in light of the Covid19 Pandemic;
staff has been very pleased with the double-digit sales tax revenue received the past year. He mentioned that most
of the sales tax increase has been due to Amazon, and the Trophy Club Country Club; thus, Trophy Club has done
well in comparison to other cities. He noted that this year; there are projects that will compete for funding this year.
At Town Hall, he stated that staff are looking at providing services online vs in -person as Covid numbers continue to
rise. He stated that having been through such an impactful year; Trophy Club is still in a strong financial position.
He added that this is Council's Goals Retreat where council will provide direction and staff will develop a roadmap.
He referenced a handout with a dozen topics to seeking Council direction on.
Municipal Utility District (MUD) Consolidation Plan for Fire Operations (Top Priority)
January 9, 2021 Page 2 of 6
Mayor Fleury began with the Municipal Utility District Consolidation of Fire Operations with the Town. Council
Member Wilson mentioned that the Council needed to start thinking of the consolidation well in advance as
Westlake requested to be de -annexed from the MUD. He noted the huge tax impact of the consolidation and stated
that the newly created Ad -Hoc Committee would need to begin working with the MUD to address this issue. In
response to Council Member Wilson; Mike Erwin stated that financially, the MUD debt is not callable. Council
Member Wilson noted that financial next steps would need to be in place prior to the consolidation. It was noted
that the Ad Hoc Committee comprised of Mayor Fleury, Mayor Pro Tern Lamont, and Council Member Wilson would
meet with the MUD Committee to address the Fire Department transfer to the Town of Trophy Club. Mr. Norwood
noted that it may be a multi -year consolidation. Council Member Shoffner asked of consolidation functions or
opportunities now. The area of Community Development was mentioned as a duplication now as well as many other
departments as the consolidation moves forward. Mayor Pro Tern Lamont noted that in the past; many of the
functions were shared as everyone was in the same building. Council Member Wilson noted that everyone
recognizes that consolidation will eventually happen and it is in the best interest of both entities to do so by
absorbing duplication to digest the organization. The newly created Ad -Hoc Committee will begin working with the
MUD Directors to address this issue.
Drainage Issues throughout Trophy Club -Multi -year Drainage Plan (Top Priority)
Council Member Wilson stated that we truly do not know the total cost of our drainage needs. He suggested that a
drainage plan be developed holistically; even though the plan would not be implemented at once. He added that
strategic planning needed to be used while developing a holistic plan. Mayor Fleury noted that a drainage plan was
a top priority and most important was to keep water out of homes. Council Member Monger stated that the
information or study provided by the engineering firm be placed on the web for public consumption. Mr. Norwood
referenced the utility drainage funds that can be used for the drainage plan. He stated that this would be a more
delicate plan. It was noted that this was a top priority of the Council.
Digital Transformation (High Priority)
Council Member Wilson spoke of the many businesses that have shifted to being able to work from home due to the
pandemic. He asked that the town look at better avenues to allow customers the ability to request city services
online in order to digitally transform the town. Mayor Fleury mentioned that has been the trend with the
implementation of the new Public Information Requests/ORRs System (JustFOIA) and soon to GoLive with the new
Agenda Management System (PrimeGov). She also made mention of the new module (CivicAlert) that would be
utilized to notify subscribers of bad weather, and all town notifications. It was stated that the goal would be to
digitally transform all departments at Town Hall.
Remove Council Liaisons (High Priority)
Mayor Fleury mentioned that the Council Liaisons were not necessary and that it made sense to remove the Council
Liaisons from each of the Boards. Council Member Shoffner mentioned that that the Council would need a
report/update from the Chair of each board. At this time, Council Member Bone entered the meeting.
Mayor Pro Tern Lamont stated that it would be a good idea to reach out to each Board Chair and request that each
Board Chair provide a report to the Town Council. Direction to staff was to place said item on the next agenda to
take action on the removal of all Council Liaisons.
Entryway Monuments tied to Trophy Club's Golf Heritage
Mayor Pro Tern Lamont suggested placing Bronze Statues at entryways as you drive into Trophy Club of the legendary
Ben Hogan, Kathy Whitworth, and Byron Nelson as well as Boy and Girl statues representing hope and dreams.
Council Member Shoffner mentioned speaking to the families prior to obtain the proper permission to do so. He
also asked that Public Art Funds from the Hotel Occupancy Tax (HOT) be utilized for this project. Council Member
January 9, 2021 Page 3 of 6
Wilson asked how much was in the HOT Fund. Mr. Erwin replied $1.5 million and added that the fund is typically
used for the Annual July 41h Event. Council Member Wilson asked of the annual revenue into said fund. Mr. Erwin
stated that in a typical year, it was approximately $400,000 but for 2021, estimated revenue was $200,000. Council
Member Wilson expressed that said funds be used for any of the allowed uses such as Public Art, Preservation, and
put the funds to use. He noted that if the paying of certain salaries is permissible; said fund should cover those as
well. Council Member Shoffner mentioned that the Council discusses this topic each year and nothing is done.
Mayor Fleury asked staff to check on the categories that the HOT Funds could be allocated to as well as their
percentages. Mayor Pro Tern Lamont mentioned replacing the POW/MIA Wall Plaque at Veterans' Park with the
new Space Force Logo. He asked that HOT Funds be utilized to do so. With regards to the Preservation Category;
Council Member Shoffner mentioned utilizing said funds for the updating of the Cemetery Entrance and placement
of a Historical Marker. Mayor Fleury was in agreement and stated that a Public Art Ad Hoc Committee would be
created to look into same. Staff direction is to provide the Council the HOT Fund categories and their percentages
of funds to be utilized.
Pickle Ball Plan (Top Priority)
Tony Jaramillo, Director of Parks and Recreation provided an update stating that staff has been able to obtain
information of a Pickle ball Consultant and would keep the Council posted on same. He added that said item was in
progress. Mayor Fleury thanked Tony for the update.
Long Range Strategic Financial Plan (High Priority)
Council Member Wilson stated that he would like to see a multi -year Long Range Strategic Plan with the major
projects and their associated costs. He added that this too would be important for the citizens as to identify where
we need to be 5 years from now. Council Member Wilson noted the plan would identify how we plan to pay for our
major projects and their respective costs for long range strategic planning. Mr. Norwood mentioned that he would
provide information on the estimated revenue from the PD-30 Build -Out. He also noted that Covid has changed
people's behaviors while the legislative session may bring possible impacts. Mr. Norwood reported that Trophy Club
was pretty much built out which would eliminate some expenses and/or create new revenue. It was noted that the
Budget/Finance Council Sub -Committee would address said item.
Police and Fire Pay Plan (Top Priority)
Council Member Wilson stated that he has realized that the town's pay range for our First Responders in comparison
with other organizations is low. He asked both Chiefs of their concerns with losing staff to other cities due to their
low pay. Chief Taylor responded that they have not yet lost any staff due to their low pay but that is was a concern.
Chief Arata stated that in the last 2 years he has lost several officers to other communities due to pay; adding that
they were 9-10% below when it comes to pay.
Council Member Bone mentioned the town paying a higher salary for Experienced Officers that do not require but
the Filed Training is a win for Trophy Club. He asked of the number of officers being hired at entry level versus hiring
an experienced officer. Chief Arata noted that his department just hired Officer Elder Guevara who fits that model
and brings a number of years of experience to the table. He added that many officers with 5 years' experience earn
much more than our TC Officers. Mayor Fleury spoke of the Officer salaries and how they are determined taking
into account benefits, vacation leave, etc.
Mr. Norwood stated that in the last year, Chief Arata has gone after great people and addressing the pay. Council
Monger added that he would prefer to pay more for an experienced Officer rather than risking an incident that may
occur with a new cadet. Council Member Wilson stated that the MUD was literally losing people over $4k. Mr.
Norwood replied that he would bring back a pay plan and commented on the compression issue that will be created.
Council Member Wilson stated that we can study what we are going to do for awhile but we all agree that their pay
is low; thus, what can we do today to address this. It was noted that the Police Officer entry pay was increased from
$55k to $58K during Covid when all other cities were dealing with none. Council Member Shoffner mentioned that
January 9, 2021 Page 4 of 6
he loved the ability to utilize laterals for our officer vacancies as those officers have seen more. He added that for
where we are moving towards; he did not have a problem with paying what is needed. He mentioned preaching
.more training" is always best for our officers because is it so important. He added the Town would spend less
money with laterals and pay a greater salary. Lastly, he gave Chief Arata credit for turning the Police Department
around from what it was 8 years ago and noted the same for the Fire Department. Chief Arata thanked Mr. Norwood
for supporting the needs of the Police Department. Council Member Wilson also stated that he was willing to pay
more; as our officers have been out there during the covid pandemic. Mr. Norwood stated that it is time to change
our recruitment and video our Mayor and Council showing support their support for our Police Officers. Mayor
Fleury asked that the pay issue be a Top Priority and would like to see that brought forward for implementation as
all Council Members were in agreement.
Civic/Community Center
Mayor Pro Tern Lamont stated that he has heard a cry from the community for years to have a center of at least
3,500 sq ft. He said that Mr. Norwood corrected him that it would cost 4 times his estimate. He stated that the
Council could ask the Community via a survey. Mayor Fleury stated that she hears this all the time and stated that
they were within the parameters of using HOT Funds for it. She indicated creating a Citizen Committee to see what
they can do whether it is for Loop Rd; HOAs, Special Interest Committee to look into a Community Center or other
ideas. Mr. Norwood stated that 3,500 sq ft would be too small as there is so much wasted space; he spoke of soft
costs and commercial kitchens. He added that staff would look at the feasibility by talking to the hotels to see if that
would put more heads in beds. He mentioned the O&M Costs for a Community Center with at least 2 additional
employees. Mayor Fleury stated that if thereafter, it is decided not to go through with it; staff could put together
the explanation for the decision.
Council Member Shoffner asked that a list be compiled of other rooms that sit empty from the FD-EOC to the Country
Club and Hotels. He added that on the Loop Rd issue; the town had a blue ribbon committee and it consumed so
much time and overwhelmed staff. Council Member Shoffner noted that if we put the number out there for a vote
on the Loop Rd issue; folks would see how expensive it would be.
Council Member Monger asked what do we really expect from the community center to do or happen there. Mayor
Fleury stated that there is a larger need for venues now because groups cannot congregate at people's home. She
mentioned the possibility of having a digital library within the center. Council Member Shoffner stated that the
survey should include the cost of the community center and that was the reason for his voting 'no' on the citizen
survey. It was mentioned that said item could be tabled and placed on a low priority right now since many groups
are still not meeting. Council Member Wilson stated that he would not want to use commercial real estate for a
community center.
Mr. Carroll mentioned having to make cuts in other areas or raise taxes as Community Centers never come close to
paying for their costs. Mayor Fleury stated that she was glad they were having this discussion as she receives many
phone calls from constituents for a Community Center and is learning of the costs and points. Council Member Bone
mentioned that people believe that we can do more due to the property taxes they pay. He added that folks need
to know that the majority of the property taxes go to the school district. Council Member Shoffner stated that he
did not disagree with a center which would be nice. Council Member Shoffner stated that things will get back to
normal and that the HOT Fund will thrive and at that time; we can plan for it with a feasibility study.
Residents Form Ad Hoc Committee (High Priority)
Mayor Fleury stated that the Council should consider a Resident Ad Hoc Committee for residents that want to get
involved and have them tasked with certain community issues. She also noted forming an HOA Committee for
information sharing of best contractors, etc... and information. She added that at the same time; it would provide
for more citizen led committees. A brief discussion ensued and it was the consensus of the Council to encourage,
when needed, an Ad Hoc Committee to Community Issues.
January 9, 2021 Page 5 of 6
Traffic Issues 114/377 when Interchange is constructed
Council Member Monger mentioned that during that time; Trophy Club will see many more vehicles coming through
and expressed his concern of the traffic that will generate. He felt it worthwhile to discuss what could be done.
Mayor Pro Tem Lamont asked what can be done. Council Member Bone mentioned the first day of the Trophy Club
Drive shut down to one lane; there was a head-on and an overturned car. Mayor Pro Tern Lamont mentioned that
the HOA at The Lakes will rebuild their wall and suggested having them shut down their construction during rush
hours. Council Member Wilson asked if they could schedule it during the Summer as School would not be in session
and asked that a conversation with the HOA be held. Staff will follow-up on this matter.
Property Taxes
Mr. Norwood stated that he would like for the Council to just be open to a property tax increase as we look into the
priorities set out. He stated that he was not asking for one at this point but mentioned the high percentage of
residential versus commercial in Trophy Club. He spoke of Addison noting their tax base is 80% commercial and 20%
residential which is opposite of Trophy Club. He briefly spoke of health insurance costs continuing to increase as
well as materials and concrete. He mentioned there was some revenue that could be expected from the potential
project of The Trails. He added that fortunately, our sales tax came in at 34% thanks to Amazon but noted that
would plateau.
Mayor Fleury asked that the police and fire pay plan be placed on the January 26, 2021 Council Agenda.
Executive Session — Executive Session was not held.
ADJOURNMENT
There being no further items to discuss; Mayor Fleury adjourned the meeting at 1:03 pm.
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
January 9, 2021 Page 6 of 6
TOWN OF
(:7*TROPHY CLUB
i Trophy Wood Drive, Trophy Club, TX 76262 1 682.237,2900 1 info@trophyclub.org I trophyclub.org
To: Mayor and Town Council
From: Mike Erwin, Finance Manager
CC: Steve Norwood, Town Manager
Leticia Vacek, Town Secretary
April Duvall, Chief Financial Analyst
Re: Fiscal Year 2021— First Quarter Investment Report
Town Council Meeting, February 9, 2021
Agenda Item:
Acceptance of the First Quarter Investment Report for Fiscal Year 2021 (M. Erwin).
Strategic Link:
Administrative & Financial Services — Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town's current interest -bearing accounts have an ending market value of $16,676,106 as of
December 31, 2020, which is an increase of ($2,740,875) since September 30, 2020. The portfolio
is liquid with a weighted average life of 1 day.
The total average yield for this quarter was .19% which is higher than the average rolling 6-month
Treasury -Bill yield of .12% for the same period.
A substantial portion of the Town's investments remain placed in the InterBank Insured Cash
Sweep account to take advantage of the fund's liquidity and the 0.45% yield.
Financial Considerations:
Interest earnings for this quarter total $8,609, this gives the Town a year to date interest earning
of $8,609 for Fiscal Year 2021.
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
Page 1 of 2
Staff Recommendation:
Staff recommends acceptance of the First Quarter Investment Report for Fiscal Year 2021.
Attachments:
• First Quarter Investment Report FY 2021
Town Council Approval:
Mayor, Alicia Fleury or designee
Page 2 of 2
TOWN OF
TROPHY CLUB
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
December 31, 2020
Prepared by
Valley View Consulting, L.L.C.
The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the
Investment Policy and Strategies.
Mike Erwin
Investment Officer/Finance Manager
1` zkvau
Financial Analyst
Disclaimer: These reports were compiled using information provided by the Town. No procedures were performed to test the accuracy
or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from
sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily
reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not
representative of total return yields, and do not account for investment advisor fees.
Strategy Summary
Quarter End Results by Investment Category:
September 30, 2020
December 31, 2020
Asset Type Ave. Yield
Book Value Market Value
Ave. Yield
Book Value Market Value
Demand Accounts 0.00%
$ 2,172,788 $ 2,172,788
0.00%
$ 1,904,851 $ 1,904,851
Money Markets/Local Gov't Investment Pools 0.34%
11,762,443 11,762,443
0.21 %
14,771,255 14,771,255
Totals 0.28%
$ 13,935,231 $ 13,935,231
0.19%
$ 16,676,106 $ 16,676,106
Current Quarter Average Yield (1)
Total Portfolio 0.19%
Rolling Three Month Treasury 0.09%
Rolling Six Month Treasury 0.12%
TexPool 0.09%
Interest Revenue (Approximate)
Quarterly Interest Income $ 8,609
Year-to-date Interest Income $ 8,609
Fiscal Year -to -Date Average Yield (2)
Total Portfolio 0.19%
Rolling Three Month Treasury 0.09%
Rolling Six Month Treasury 0.12%
TexPool 0.09%
(1) Current Quarter Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting
month is used for bank, pool, and money market balances.
(2) Fiscal Year -to -Date Average Yields - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees.
Town of Trophy Club Valley View Consulting, L.L.C.
Economic Overview
12/31/2020
The Federal Open Market Committee (FOMC) maintained the Fed Funds target range at 0.00% to 0.25% (Effective Fed Funds are trading +/-0.10%), and projected that reduced rates could remain
into 2024. Second estimate of Third Quarter GDP was finalized at +33.4%, but still remains 3.5% below pre -pandemic levels. Crude oil traded above $50 per barrel. Employment/ Unemployment
continues modest improvement. The Stock Markets reached new highs. Housing continues adding positive economic activity. Additional fiscal stimulus passed and was signed by the President.
The Yield Curve steepened slightly from last quarter end.
2.50
2.00
1.50
1.00
0.50
urves
L-
----- - -- - - -
0.00 r— ,-- — '
o", ry.�p¢ �y�pg yy.�p4,
-December 31, 2019 September 30, 2020 -December 31, 2020
US Treasury Historical Yields - Since 2006
6.00 -
5.50
5.00
4.50
4.00
3.50
3.00
2.50
2.00
1.50
1.00
0.50
0.00
-Six Month T-B*ll -Two Year T-Note r_xate___
S&P 500
3,750
3,500
3,250
3,000
2,750
2,500
2,250
2.000
1,750
1,500
1,250
1,000
7so
500
250
0
)•� ) ) ) )ac Sac ) )ac )ec lac �, lac
US Treasury Historical Yields - Since Nov 2015
J..V
3.00
2.50
2.00
1.50
1.00
r �,
r
0.50
v�
0.00
15 16 16 16 10 1'1 11 1'I 1'I 19 N% 19 10 19 19 19 N�p0 P P !P "o
Fe°",pA' pol0 gyp°' Feb' jai" poi No°" Fen"0,ey po°" \40' Fel4o tO �0 Felr � 0
-Six Month T-Bill Two Year T-Note - Ten Year T-Note
Valley View Consulting, L.L.C. 2
Investment Holdings
December 31, 2020
Coupon/
Maturity
Settlement
Book
Market
Market
Life
Description
Ratings Discount
Date
Date
Par Value
Value
Price
Value
(days)
Yield
Wells Fargo - Cash
0.00%
01/01/21
12/31/20
$ 1,904,851
$ 1,904,851
1.00
$ 1,904,851
1
0.00%
InterBank Money Market Account
0.45%
01/01/21
12/31/20
249,095
249,095
1.00
249,095
1
0.45%
InterBank Insured Cash Sweep
0.45%
01/01/21
12/31/20
4,722,916
4,722,916
1.00
4,722,916
1
0.45%
TexPool LGIP
AAAm 0.09%
01/01/21
12/31/20
7,694,101
7,694,101
1.00
7,694,101
1
0.09%
TexasCLASS LGIP-Gov't
AAArn 0.09%
01/01/21
12/31/20
2,105,143
2,105,143
1.00
2,105,143
1
0.09%
$ 16,676,106 $ 16,676,106 $ 16,676,106 1 0.19%
(1) (2)
(1) Weighted average life - For purposes of calculating weighted average life, bank accounts, pools and money market funds are assumed to have an one day maturity.
(2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not
considered. The yield for the reporting month is used for bank accounts, pools and money market funds.
Town of Trophy Club Valley View Consulting, L.L.C.
3
3.00
2.50
2.00
1.50
1.00
0.50
0.00
Portfolio Composition
MMA/MMF/LGIP
89%
Accounts
11%
Total Portfolio Performance
TexPool - Weighted Average Yield - Rolling 6 Month T-Bill
Distribution by Maturity (Millions)
$18
$16
$14
$12
$10
$8
$6
$4
$2
-to
N '0 IP SIZI *10 NOP Oais N 1 NO
ISIN N-611 Op
Total Portfolio (Millions)
$25
$20
$15
$10
$5
V '�o.
--
$0 N i N AILANAR-A I E.N'E'O'E'N'I
,,tl Nt, N%I Nb N(3 Nb NIb Nb ,b Nq) Nro NA NA N\ NA N�o No N(b N% NIb 'p,IP
0 Quarter End Book Value
Town of Trophy Club Valley View Consulting, L.L.C. 4
Book and Market Value Comparison
Issuer/Description
Yield
Maturity Date
Book Value
09/30/20
Increases
Decreases
Book Value
12/31/20
Market Value
09/30/20
Change in
Market Value
Market Value
12/31/20
Wells Fargo- Cash
0.00%
01/01/21
2,1 22,788
—
(267,938)
1,904,851
2,172,788
(267,938)
1,904,851
InterBank Money Market Account
0.45%
01/01/21
249,092
3
—
249,095
249,092
3
249,095
InterBank Insured Cash Sweep
0.45%
01/01/21
6,762,851
—
(2,039,935)
4,722,916
6,762,851
(2,039,935)
4,722,916
TexPool LGIP
0.09%
01/01/21
2,854,487
4,839,614
—
7,694,101
2,854,487
4,839,614
7,694,101
TexasCLASS LGIP-non Gov't
0.00%
01/01/21
956,456
—
(956,456)
—
956,456
(956,456)
—
TexasCLASS LGIP-Gov't
0.09%
01/01/21
939,557
1,165,586
—
2,105,143
939,557
1,165,586
2,105,143
TOTAL / AVERAGE
0.19%
13,935,231
6,005,203
3 264 328
16.656.106
13,935,231
2,740,875
16,676.106
Town of Trophy Club Valley View Consulting, L.L.C. 5
Allocation
December 31, 2020
Book and Market Value
Total
CARES
General Fund
Storm
Debt Service Drainage
Hotel
Occupancy
parkland 2017 CO
Funds
Utility
Tax
Dedication Bond Funds
Wells Fargo - Cash
$ 1,904,851
$ 1,214,497 $ 673,812
$ — $ —
$ 16,542
$ — $ —
InterBank Money Market
249,095
124,547 —
— —
—
— 124,547
InterBank Insured Cash Sweep MMA
4,722,916
3,178,902 —
— —
—
— 1,544,015
TexPool LGIP
7,694,101
4,847,243 —
2,123,560 723,298
—
— —
TexasCLASS LGIP-non Gov't
—
— —
— —
—
— —
TexasCLASS LGIP-Gov't
2,105,143
— —
— —
1,569,301
535,842 —
Total
$ 16,676,106 $ 9,365,189 $ 673,812 $ 2,123,560 $ 723,298 $ 1,585,843 $ 535,842 $1,668,562
Town of Trophy Club Valley View Consulting, L.L.C. 6
Allocation
September 30, 2020
Book and Market Value
CARES
Storm
Hotel
parkland
2017 CO
Total
General Fund Funds
Debt Service Drainage
Occupancy
Dedication
Bond Funds
Utility
Tax
Wells Fargo - Cash
$ 2,172,788
$ 1,499,203 $ 673,585
$ — $ —
$ —
$ —
$ . —
InterBank Money Market
249,092
124,546 —
— —
—
—
124,546
InterBank Insured Cash Sweep MMA
6,762,851
4,734,184 —
— —
—
—
2,028,667
TexPool LGIP
2,854,487
1,556,254 —
753,986 544,248
—
—
—
TexasCLASS LGIP-non Gov't
956,456
— —
— —
763,431
193,025
—
TexasCLASS LGIP-Gov't
939,557
— —
— —
746,856
192,701
—
Total $ 13,935,231 $ 7,914,187 $ 673,585 $ 753,986 $ 544,248 $ 1,510,286 $ 385,727 $ 2,153,213
Town of Trophy Club Valley View Consulting, L.L.C. 7
TOWN OF
C TROPHY CLUB
I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org
To: Mayor and Town Council
From: Mike Erwin, Finance Manager
CC: Steve Norwood, Town Manager
Leticia Vacek, Town Secretary
Re: Fiscal Year 2020-2021 Budget Amendment #1
Town Council Meeting, February 9, 2021
Agenda Item:
Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2020-
2021(FY21) Budget of the Town of Trophy Club, Texas Budget Amendment No. 1; providing for
an amendment to appropriate funds related to changes in various departments; and providing
an effective date (M. Erwin).
Strategic Link:
Administrative & Financial Services — Exercise fiscal discipline in all Town operations.
Background and Explanation:
With the passage of the FY21 Approved Budget $140,000 was included for one time payments
and salary adjustments in the Town Manager's Office. As discussed these funds were to be
disbursed between one time payments and salary increases throughout departments. An
additional school crossing guard was also added in FY21 at least through this school year due to
staffing shortage.
Police Department has received a grant since the approval of the FY21 Budget, the Juvenile
Detective Grant. This Amendment recognize revenue and expenditure adjustments for the grant.
The third section of the budget amendment increases the expenditures budgeted in the TIRZ
fund to reflect the actual payment made in December. This payment included prior year tax
collections as well as FY20 tax collections reimbursement.
The fourth section of the budget amendment recognizes expenditures using the additional
$673,000 in fund balance. These expenditures were not originally budgeted in the FY21
Approved Budget but identified as purchases for the Town's safety related to COVID-19. The two
items at the bottom of the spreadsheet allocate remaining CIP funds for use in FY21 for street
Page 1 of 2
and drainage work and to move the remaining $176,838.29 from the $673,000 to an assigned
fund balance for future COVID-19 related expenditures.
The final section of the amendment recognizes the public safety pay raises approved January 26,
2021 for the FY21 Budget.
Financial Considerations:
Budget Amendment #1 changes the FY21 budget in the following ways:
• Distributes the one time expenditures to individual departments.
• Distributes the salary true -up expenditures to individual departments.
• Recognizes grant funds in the Police Department.
• Increases expenditures in the TIRZ fund.
• Recognizes capital expenditures related to COVID-19.
• Increases remaining CIP expenditures.
• Assigns remaining funds to future safety related expenditures.
• Recognizes the public safety pay raises approved by Council.
The total fiscal impact to the FY21 budget is a net increase of $1,355,959 in expenditures. The
new expenditures are covered by $673,000 in additional fund balance from FY20 due to the
CARES ACT funding, $544,708 for the Capital Improvement Projects funding by moving all
remaining Series 2017 funds and $85,879.22 in new grant revenues. Increases in TIRZ and public
safety salaries are covered by existing resources.
Leeal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not Applicable
Staff Recommendation:
Staff recommends approval of Ordinance No. 2021-05.
Attachments:
• Ordinance No. 2021-05
• Budget Amendment # 1
Town Council Approval:
Mayor Alicia Fleury or designee
Page 2 of 2
TOWN OF TROPHY CLUB
ORDINANCE NO. 2021-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2020-2021 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS, BUDGET AMENDMENT NO. 1; PROVIDING FOR AN
AMENDMENT TO APPROPRIATE FUNDS FOR EXPENDITURES
ASSOCIATED WITH OPERATIONS AND CAPITAL; PERSONNEL
CHANGES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2020-2021 Budget was
adopted within the time and in the manner required by State Law; and
WHEREAS, in that Budget, the Town Council did not appropriate funds for
expenditures associated with previous fiscal year's capital projects; current fiscal year
reclassification of expenditures; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that
the amendment, as set forth in Exhibit "A", will serve the public interest and is necessary
to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2020-2021 Budget is hereby
amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto
and incorporated herein. This Amendment No. 1 (Exhibit "A") to the Original Budget
of the Town of Trophy Club, Texas, for the Fiscal Year 2020-2021 shall be attached to
and made part of the Original Budget by the Town Secretary and shall be filed in
accordance with State Law. This Ordinance is hereby adopted and shall constitute the
first amendment that has occurred since the October 1, 2020 effective date of the Town's
Fiscal Year 2020-2021 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2020-2021 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in the Ordinance records of the Town and to properly record this
Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 9th day of February, 2021.
Alicia Fleury, Mayor
Town of Trophy Club, Texas
ORD 2021-05
Page 2 of 4
[SEAL]
ATTEST:
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2021-05
Page 3 of 4
Exhibit "A"
Town of Trophy Club
Budget Amendment No. 1
FY21 BUDGET AMENDMENT #1:
Section 1
TMO
$
140,000.W $
(13450(1.00) $
1,500.00
Police
Salaries
Salary true -up
$
1,559,995.00.1
44,541.69 $
1,604,536.69
Police
Salaries
_
Seasonal -10th CrossingGuard
_
$
99,452.00 $
13,000.00 $
101,452.00
Police
Stipend
Scoff sti nds in lieu o salary increases
$
- $
6,000.00 $
6;000.00
EMS
Salaries
Salary true -up
$
670,420.00 $
14,409.11 $
684,829.11
EMS
Stipend
Staff stipends in lieu of salary increases _
$
$
1,875.00 $
1,875.00
Fire
Salaries
Salar�r true_up __.-_�
$
670,420.00_$
14,409.11 $684,829.11
Fire
Stipend _
_
Staffstipends in lieu of salary increases _
$
_._
$
1,875.00 $
1,875.00
Streets
Stipend
Staff stipends in lieu of salaryincreases
$
- $
450.00 $
450.00
Parks
Salaries
Salary true -up
$
593,771.00 $
9,469.87 $
W3,239.87
Parks
Stipend
Staff stipends in lieu of salary increases
$
- $
8,250.00 $
8,250.00
Recreation
Stipend
Staff stipends in lieu of salary increases
$
- $
1,500.00 $
1,500.00
Community Development
Salaries
Salary true -up
$
361,043.00 e$
3,050.70 $
364,093.70
Community Development
Stipend
Staff stipends in lieu of salary increases
$
- $
2,250.00 $
2,250.00
Finance `___
Salaries
Salary true -up
$
29778800 e$
11,870.52 $
309,658.S2
Finance
Stipend
Staff stipends in lieu of salary increases
$
- $
1,500.00 $
1,500.00
Court y
Stipend
Staff stipends in lieu of salary increases
$
$
750.00 $
750.00
Human Resources _
Stipend
Staff stipends in lieu of salary increases
$
750.00 $
750.00
Communications
Stipend
Staff stipends in lieu of salary increases
$
- $
7S0.00 $
750.00
Facilities
Stipend
Staff stipends in lieu of salary increases
$
- $
750.00 $
750.00
Trophy Club Pork
Stipend
Staff stipends in lieu of salary increases
$
- $
$
.
Street Maintenance
Stipend
Staff stipends in lieu of salary increases
$
$
1,050.W $
1,050.00
Section 1
Police Grants
Juvenile Detective Grant
Salaries
Drug Interdiction andluvenile Resource O icer
.__._
$
1,604,536.69 $
85,879.22 $
1,690,415.91
—
Grant Revenue
Grant Revenue
�$
135,000.00 $
85,879.22 $
220,879.22
Section 3
MFund
Incentive Programs
Reflect amount paid this December
$
49,2i;Ooo $
19,220.00 $
69,500.00
Section 4
CAPITAL
Poke
Dona Safety Supply
COVID-19 related expenses
$
- $
(17,172.30)
GL Seamans
COVID-19 related expenses
$
- $
(16 663.25)
GL Seamans
_ _COVID-19 related e e 5 _
$
- $
(5,556.56)
Versa Trust
COVID-19relatedex nses
$
$
(36,969.90)
Ca Rat EquipmentR�lacement Wnd __
_
$
- $
76,362.01 $
76,362.01
—.__..._............_-.-_.-___.._...---.-.-._-
Ftrc/EMS
.-...._--------
Siddons-Martin
COWD-19 related expenses
$
(335,672.00)
Electra Acoustics
COVID-19 related expenses
$
(45,394.82)
Capital Equipment Replacement Fund
$
30,500.00 $
335,672.00 $
366172.00
Capial Equipment Replacement Fund
$
110,000.00 $
45,394.82 $
155,394.82
Parks
Total Recreation Products
COVID-19 related expenses
$
(38,732.88)
Capital Equipment Replacement Fund
$
150,000.00 $
38,732.88 $
188,732.88
Copkal Pro1eccs land
Remoinin 2017 Bond Funds _
$
1,447,604.00 $
544,708.00 $
1,992,312.00
—.__._—_.__.__................_._..._.._.-.-.-...-............._..-.-.-_._--_.-__._._._..._.._-.-_.-_.._._..._..._._.._-.-.-.-.-.-.--M-0--
Use oJGF Fund Bakna
S
.._.
1,000,000.00
EstabBshmentoass ned nd balance
Future Safety and/or Welfare Related Purchases
$
176,838.29 $
176,838.29
Section 5
Poke
Salaries
Council action January 26, 2021
$
1,690,415.91 $
138,664.51 $
1,829,080.42
Overtime
Council action January 26,2021
$
90,000.00 $
7,771.S7 $
97,772.57
EMS
Salaries
Council action January 26, 2021
$
684,829.11 $
26,594.91 $
711,424.02
Overtime
Council action January 26,2021
$
72,896.00 $
5,181.72 $
78,077.72
FIRE
Salaries
Council action January 26, 2021
$
684,829.11 $
26,594.91 $
711,424.02
Overtime
Council action January 26, 2021
$
72,896.00 $
5,181.72 $
78,077.72
ORD 2021-05
Page 4 of 4
FY21 BUDGET AMENDMENT:
DepartmentRecommended
Description
Amended
Section 1
—---------------------------------------------
Police
----..------------------------------------------------------------
--
_-------__'---------------
S
140,t>D0.00 S
- -----
i13esoo.00) S
— ------
1,500.00
---"----------'----------------------_-------------
Police
Salaries -.-.--Salary
true -up•••_-_-__-----_- ------_-.---_------_$
•---------•�--
------------------"-•-"—
1,559,995.00 $
44541.69-$1,604,536.69
'----'----------•------------------------'-------------
Salaries
Seasonal -10[h Crossin Guard
- ---------'--------9----------------------------------------•-----
- _ -
88,452.00 $------3A00---
'-"`----
o ice
EMS
Stipend
Staff stipends in Ileu of salary increases
______
$
'--------------___000.0------
- $
$
-----_
6,000.00
--.__------------------------------------..._-------------
Salaries
Sola true-u
ry-"' P--___-------'—"-------------------------------------------------------00--5
.------ --
""—""'—""
14,409_11 $------694,829.11
EMS
Stipend
Satofstipends in lieu of salary increases
$
- ___---
- $
1,87—$ ------
1,875.00
Fire
-------•'------'-------------------......--Stipen--....---.....
Salaries
Salary true -up
- ------ends
$
670,420.00 $
14,409.11 $
684,829.11
Fire
Streets
Stipend
--•-----------------------
inlieuo solar -increa---'—'
StaJJstipends in Ileu of salary increases
6
-----------"'------------------------'—'--'----
- $
1,875.00 $
1,875.00
Stipend
Staff stipends in lieu of salary increases
$
- $
450.00 $
450.00
Parks
--"-------------------------------------------------'---
Salaries
_
Sala true-u
ry--"---P-------'------..__---------"---------"----------'--
S
593,771.00 $
9,468.87 $-----
_
603,139.87
Parks----------------------------
Stipend
Staff stipends in lieu of salary increase.
$
$
8,250.00 $
------
_ 8,250.00
Recreation
-------------------__-----------------__------------------------"-----"'--__.-----------
Stipend
Staff stipends in lieu of salary increases
$
_
1,500.00 $
1,500.00
ommunity Development
—"-----_------------"'_---__'-------__'----_'—_
--------•--------------
Salaries Salary true -up
—__"__'-___'___-----'__—"'.---.____-------------------------
------------'----------_$
$
__----------___--
361,043.00 $
361,
-------
3,050.70 $
364,093.70
Communi Develo ment
tY P
Stipend Staff stipends in lieu of salary increases
—'
$
---
$
----050.70------------O93.
2,150.00 $
2,250.00
mance
__-----------------••--------
Salaries
---___—_.___—_—_---------"---.—__
_ _
Salary true -up
_ _
$
_—_—` _
297,788.00 $
11,870.52 $
_
— 309,658.51
Finance
------___.._______—..'_____-----------------------""'—_
Stipend Staff stipends in lieu of salary ------
$
_
-----'_'____5-------
1,500.00
ourt
-
Stipend StafJstipends in Ileu of salary increases
$
- $
750.00 $
750.00
Human Resources
_----'----------------------"-------------'-----"----------------------------------------------_-----------_"------------'__--------------"--------------'_'_--
Stipend Staff stipends in lieu of salary increase_
$
750. $
------
_--------------------750.00
Communicatlons
"---------------'------------"---------'
Stipend staff stipends 1n lieu of salary increases
$
$
750.00 $
750.00
Facillties
____--__----'---____.—__._—.
_ _____.._—________._
----------------- -
Sti end Sta sti nds in lieu o solo increases
P ff Pe ofsalary
5--------_5--___750.00
_ _-
_ _ _ ____..____________00
$
$
- -_.—__
Tro h Club Park
P Y
Stipend StafJstipends in lieu of salary increases
$
_ $
__-_-_-_-_--_-_7_5.0_.00
$
Street Maintenance
Stipend
Staff stipends in lieu oJsalory increases
$
$
1,050.00 $
1,050.00
Section 2
------------------------ —-----
Pollce Grants
----------- —----- —-----
—----- —----- ---------- -------- ------ -------- ------ -------- ------ --------
------ -
------- ------ -------- ------
-------- ------ -----
------- ----- ----
Juvenile Detective Grant
Salaries Drug Interdiction and Juvenile Resource Off---------
-- $
8------ -- $
1,690,415.91
-------------------------------------r -_—_-----------------••----------------..--------------------------------
rant evenue Grant Re venue ---•.--$
--- —
-------------•------
- -----
-
135,000.00 $------�
------------ -'
85,879.22 $
--------------
220,879.22
Section 3
_ ----- — — — --- -----
!11! Fund
- -- ---
---------- —----- —-----
—----- —----- ------- —----- —
-- — -- — —---- —----- —----- —..... --- — - - -----------------------------------------------------
Intend-- Programs Reflect amount paid this December
$
--
49,280.00 $
-- -- -
19,120.00 $
- - - --
68,500.00
Section 4
a �"--
— — --- —
CAPITAL
—
_-'-----....------ ----- —-----
ce
—----- —----- -----
___-------'-------------------------------
Dana SafetySuPP1Y
--------------'------------------------------------------------------
COVID-19 related ex enses
------------�'----�------��-
--
—
GL Seamans _ COVID-19 related expenses
__"------'-----•------------------------------ -------- ----------------__'
$
-- --_ — _ -------------
GL Seamans COVID-19 related expenses
—'��------
---------------------�
""'--------------
erso rust COVID-19 related expenses
$________
. $
(36,969.90)
Capitol Equlpmen[Rep/attmentFund
$
_
- $
76,362.01 $
__ _
—76,362.01
F/re/EMS------------ ---------------------------------------------------------------------------------------------------------------
----'------------------------------------------
Slddans-Martin
--------------- ---------- ---------------------------------------
COVID-19 related ex enses
_ �___—_.....__
----------------
-- -------
$
----- --'--'-----------------
(335,672.00)
ElectraAcoustics----------------------------------------COVID_ ..LTLted expenses
$_
(45,394.82)
dplta
Copltal Equlpment Rep/attment Fund
----------------------- __
----
$
—_..._ ---
30,500.00 $_
335,671.00 $
366,172.00
Cap/tal Equlpment Replacement Fund
$
110,000.00 $
i5,39iTT $
_
155,394.82
..... -------------------- —-----
Parks------
—----- — ----- — ----- — ----- —
----- -------' -- ------ -'—----------- ------------------------.__----------------.._------
------ —----- —--- __—
------ — - --
Total Recreation Products COVID-19 related expenses
---'------------'---------'-----------"----------- _"-----------'_'------------
$
(38,731.88J
Capita Equlpment Rep/anment Fund
_ _ _ — __
-------
-----------------
$
__
150,000.00 $
__
- _"__-2.88) --
38, 731.88 $
____
188,732.88
—'-'------'---------
Capita/ Protects Fund ----------
—----- —----- —----- —----- -------
—--------------- --------------------------------------------------------------------------------------------------------------------------
Capital--------------------------'------------'-'------------'--------------------------------------
OutlaY Remaining 20178ond Funds
$
1,447,604.00 $
544,708.00 $
1,992,311-
__---------------------------------------------------•_--------------•--------------------------------------------
Useo/GF fund Ba/antt
-------------------
S
--
1,000,000.00 $__
-- -
4%161.71 $
1,496,161.71
Establishment oJassigned Jund balance Future Safety and/or Welfare Related Purchases
$
176,838.29 $
176,838.29
Section 5
_— --- — — — -- — - — — — ------------------------------------------------------------------
---------------------
Pollce Salaries
-- —------- —..... —----- —----- --'-----------____----------
Council action lanua 16, 2021 _______________'---415.91
------ —ry-----------"------ ----- -------
—
1,690,415.91 $_
3 ,664.51 - --
138,664.51 $
1,829,-----_
1,829,080.41
Overtime
------ --------5
Council action lanuary26, 2021 _S
------90,000.00 $
7,772.57 $
97,771.57
-----------------------••------------.__---------------------------"------------"__-----------------------------------------------------------
EMS Salaries Council action January 26,2021
---'-----------------....-----------—"--------------- --
— --------------....-----------------------------
$
-----
684,829.11 $
---- -------- -------
26,594.91 $
----------"'--
711,424.02
--------------------------------_._---------e-"—'
Overtime —
— ------------------
�aunCll action January 26.2011
--------
$
------------------------------------------------------
72,896.00 $
5,181.72 $
78,07772
FIRE Salaries
_ _ --'-----------------•'_--------------------
Council January26, ------------------------------_$------
_
---- --------------------
684,819.11 $_
.
26,594.91 $•_—•_
-"'"-------
711,424.02
Overtime
Council action January 26, 2011
$
72,896.00 $
5,181.72 $
78,07771
TOWN OF
T(:7*
TROPHY CLUB
1 Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org ( trophyclub.org
To: Mayor and Town Council
From: Patrick Arata, Police Chief
CC: Steve Norwood, Town Manager
Leticia Vacek, Town Secretary
Re: Annual Racial Profiling Report
Meeting Date: February 9, 2021
Agenda Item:
Receive Annual Racial Profiling Report; (S. Norwood).
Strategic Link:
Safety & Security: Achieve exceedingly high standards for public safety and low crime rates.
Background and Exalanation:
This annual report is for Calendar Year 2020. The report was prepared by Del Carman Consulting and filed with
the Texas Commission on Law Enforcement (TCOLE). Dr. Del Carman reviewed the data and determined that
the Trophy Club Police Department (TCPD) is in compliance with all laws and rules regarding racial profiling. Dr.
Del Carman also noted that the TCPD has done an outstanding job on Bias based issues to maintain a
professional staff. The attached Compliance Audit and Racial Profiling Law, for the Trophy Club Police
Department was completed with the information provided from the Denton County Dispatch System. This is the
Tier 1 State Racial Profiling Report (Partial Exemption) required for submission to TCOLE no later than March 1,
2021.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed said item and concurs with staff recommendation.
Board/Commission/ or Committee Recommendation:
Not Applicable
Staff Recommendation:
Staff recommends approval of the 2020 Annual Racial Profiling Report.
Page 1 of 2
Attachments:
• Annual Racial Profiling Report
• Racial Profiling Data Error Memo
Page 2 of 2
TCTOWN OF
* TROPHY CLUB
1 T}opl v wood Dive � Dopbv Chub, TX 76262 (68 2.237.2900
TO: TCOLE
FROM: Chief Arata
SUBJECT: Racial Profile data error
DATE: January 15, 2021
The Trophy Club Police Department (TCPD) has completed the Racial Profiling Report
and has identified an error in the data. This data is related to the Race Known
category. The error was that between January 1, 2020 and January 24, 2020. The Racial
Profiling part of the RMS system had a "bug" that did not place data in the correct
locations.
The Texas Commission on Law Enforcement (TCOLE) Racial Profiling Report requires
that all fields must be completed and does not allow unassigned data to be documented.
Lt. Connella, from TCOLE advised the TCPD to enter the 129 missing records in the
category "no," which indicates that the race was unknown in those 129 situations. TCPD
was also asked to submit a written justification to document this change.
The error was detected, fixed, and will not happen again.
Attachments:
1. E-mail
2. 2020 Annual racial profiling stats Report
3. January 2020 racial profiling stats
Patrick Arata
Chief of Police
Town of Trophy Club
E
Trophy Club POLICE DEPARTMEN
12020
"Dr. Alex del Carmen's work on racial
profiling exemplifies the very best of
the Sandra Bland Act, named after my
daughter.My daughter's pledge to
fight for injustice is best represented
in the high quality of Dr. del Carmen's
reports which include, as required by
law, the data analysis, audits, findings
and recommendations. I commend the
agencies that work with him as it is
clear that they have embraced
transparency and adherence to the
law."
-Quote by �;eneva 12eed (tMother vJ Sandra 3land)
_.. x'
�) A.
January 24, 2021
Trophy Club City Council
1 Trophy Wood Drive
Trophy Club, Texas 76262
Dear Distinguished Members of the City Council,
The Texas Legislature, with the intent of addressing the
issue of racial profiling in policing, enacted in 2001, the Texas
Racial Profiling Law. During the past year, the Trophy Club Police
Department, in accordance with the law, has collected and
reported motor vehicle -related contact data for the purpose of
identifying and addressing (if necessary) areas of concern
regarding racial profiling practices. In the 2009 Texas legislative
session, the Racial Profiling Law was modified and additional
requirements were implemented. Moreover, in 2017, the Sandra
Bland Act was passed and signed into law (along with HB 3051
which introduced new racial and ethnic designations). The Sandra
Bland Law requires that law enforcement agencies in the state
collect additional data and provide a more detailed analysis. All of
these requirements have been met by the Trophy Club Police
Department and are included in this report.
This particular report contains three sections with information on motor vehicle -related contact
data. In addition, when appropriate, documentation is also a component of this report, aiming at
demonstrating the manner in which the Trophy Club Police Department has complied with the Texas
Racial Profiling Law. In section 1, you will find the table of contents in addition to the Texas Senate Bill
(SB1074); which later became the Texas Racial Profiling Law. Further, you will find the Texas HB 3389,
which, in 2009, introduced new requirements relevant to racial profiling as well as the Sandra Bland
Act.Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCOLE
(Texas Commission on Law Enforcement) is included. In addition, you will find, in sections 2 and 3
documentation which demonstrates compliance by the Trophy Club Police Department relevant to the
requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to
the implementation of an institutional policy banning racial profiling, the incorporation of a racial profiling
complaint process and the training administered to all law enforcement personnel.
The last section of this report includes statistical data relevant to contacts, made during the course of
motor vehicle stops and in accordance with the law, between 1 /1 /20 and 12/31 /20. In addition, this section
contains the TCOLE Tier 2 form, which is required to be submitted to this particular organization by March
1 st of each year. The data in this report has been analyzed and compared to data derived from the U.S.
Census Bureau's Fair Roads Standard. The final analysis and recommendations are also included in this
report. The findings in this report serve as evidence of the Trophy Club Police Department's commitment
to comply with the Texas Racial Profiling Law.
Sincerely,
Alex del Carmen, Ph.D.
Table of Contents
Introduction
Letter to Council Members 1
Table of Contents 2
Responding to the Law
Public Education on Filing Compliments and Complaints 4
Racial Profiling Course Number 3256 5
Reports on Compliments and Racial Profiling Complaints 11
Tier 2 Data (Includes tables) 15
Analysis and Interpretation of Data
Tier 2 Motor Vehicle -Related Contact Analysis 31
Comparative Analysis 31
Summary of Findings 32
Checklist 34
Legislative and Administrative Addendum
TCOLE Guidelines 37
The Texas Law on Racial Profiling 42
Modifications to the Original Law 49
Racial and Ethnic Designations 57
The Sandra Bland Act 58
Trophy Club Police Department Racial Profiling Policy 73
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Informing the Public on the Process of Filing a Compliment
or Complaint with the Trophy Club Police Department
The Texas Racial Profiling Law requires that police agencies provide information to the public
regarding the manner in which to file a compliment or racial profiling complaint. In an effort to
comply with this particular component, the Trophy Club Police Department launched an educational
campaign aimed at informing the public on issues relevant to the racial profiling complaint process.
The police department made available, in the lobby area and on its web site, information relevant to
filing a compliment and complaint on a racial profiling violation by a Trophy Club Police officer. In
addition, each time an officer issues a citation, ticket or warning, information on how to file a
compliment or complaint is given to the individual cited. This information is in the form of a web
address (including in the document issued to the citizen), which has instructions and details specifics
related to the compliment or complaint processes.
It is believed that through these efforts, the community has been properly informed of the new
policies and the complaint processes relevant to racial profiling.
All Trophy Club Police officers have been instructed, as specified in the Texas Racial Profiling Law, to
adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement
Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Trophy Club
Police Department have completed the TCOLE basic training on racial profiling. The main outline used
to train the officers of Trophy Club has been included in this report.
It is important to recognize that the Chief of the Trophy Club Police Department has also met the
training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT
program on racial profiling. The satisfactory completion of the racial profiling training by the sworn
personnel of the Trophy Club Police Department fulfills the training requirement as specified in the
Education Code (96.641) of the Texas Racial Profiling Law.
Racial Profiling 3256
Instructor's Note:
You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject
matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may
report it under Combined Profiling and Forfeiture 3257 to reduce data entry.
Abstract
This instructor guide is designed to meet the educational requirement for racial profiling established by
legislative mandate: 77R-SB1074.
Target Population: Licensed law enforcement personnel in Texas
Prerequisites: Experience as a law enforcement officer
Length of Course: A suggested instructional time of 4 hours
Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts,
practical exercises, and demonstrations
Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law
enforcement issues
Evaluation Process and Procedures
An examination should be given. The instructor may decide upon the nature and content of the examination. It
must, however, sufficiently demonstrate the mastery of the subject content by the student.
Reference Materials
Reference materials are located at the end of the course. An electronic copy of this instructor guide may be
downloaded from our web site at http://www.tcleose.state.tx.us.
Racial Profiling 3256
1.0 RACIAL PROFILING AND THE LAW
1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling.
1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative
requirements placed upon peace officers and law enforcement agencies regarding racial
profiling.
Racial Profiling Requirements:
Racial profiling CCP 3.05
Racial profiling prohibited CCP 2.131
Law enforcement policy on racial profiling CCP 2.132
Reports required for traffic and pedestrian stops CCP 2.133
Liability CCP 2.136
Racial profiling education for police chiefs Education Code 96.641
Training program Occupations Code 1701.253
Training required for intermediate certificate Occupations Code 1701.402
Definition of "race or ethnicity" for form Transportation Code 543.202
A. Written departmental policies
Definition of what constitutes racial profiling
2. Prohibition of racial profiling
3. Complaint process
4. Public education
5. Corrective action
6. Collection of traffic -stop statistics
7. Annual reports
B. Not prima facie evidence
C. Feasibility of use of video equipment
D. Data does not identify officer
E. Copy of complaint -related video evidence
to officer in question
F. Vehicle stop report
1. Physical description of detainees:
gender, race or ethnicity
2. Alleged violation
3. Consent to search
4. Contraband
Facts supporting probable cause
G. Compilation and analysis of data
H. Exemption from reporting - audio/video
equipment
(.Officer non -liability
J. Funding
K. Required training in racial profiling
1. Police chiefs
2. All holders of intermediate certificates and/or
two -year -old licenses as of 09/01 /2001 (training to be
completed no later than 09/01 /2003) - see
legislation 77R-SB1074
7. Warning or citation issued
1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court
decisions and other court decisions involving appropriate actions in traffic stops.
A. Whren v. United States, 517 U.S. 806,116 S.Ct.1769 (1996)
1. Motor vehicle search exemption
2. Traffic violation acceptable as pretext for further investigation
3. Selective enforcement can be challenged
B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct.1868 (1968)
1. Stop & Frisk doctrine
2. Stopping and briefly detaining a person
3. Frisk and pat down
C. Other cases
1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977)
2. Maryland v. Wilson, 117 S.Ct. 882 (1997)
3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998)
4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998)
5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999)
6. New York v. Belton, 453 U.S. 454 (1981)
2.0 RACIAL PROFILING AND THE COMMUNITY
2.1 UNIT GOAL: The student will be able to
identify logical and social arguments against
racial profiling.
2.1.1 LEARNING OBJECTIVE: The student will
be able to identify logical and social
arguments against racial profiling.
A. There are appropriate reasons for unusual traffic
stops (suspicious behavior, the officer's intuition,
MOs, etc.), but police work must stop short of
cultural stereotyping and racism.
B. Racial profiling would result in criminal arrests, but only because it would target all members of a race
randomly - the minor benefits would be far outweighed by the distrust and anger towards law
enforcement by minorities and the public as a whole.
C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then
you might look for more minority criminals, and find them in disproportionate numbers.
D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops
more volatile - a racially -based stop today can throw suspicion on tomorrow's legitimate stop.
E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all
races and backgrounds - it is a waste of law enforcement resources.
a
3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION
3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate
and appropriate traffic stops.
3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially
motivated traffic stop.
A. Most race -based complaints come from vehicle stops, often since race is used as an inappropriate
substitute for drug courier profile elements
B. "DWB" - "Driving While Black" - a nickname for the public perception that a Black person may be
stopped solely because of their race (especially with the suspicion that they are a drug courier), often
extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.)
C. A typical traffic stop resulting from racial profiling
1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext
for closer inspection of the vehicle, driver, and passengers
2. The driver and passengers are questioned about things that do not relate to the traffic violation
3. The driver and passengers are ordered out of the vehicle
4. The officers visually check all observable parts of the vehicle
5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and
passengers by the roadside
6. The driver is asked to consent to a vehicle search - if the driver refuses, the officers use other
procedures (waiting on a canine unit, criminal record checks, license -plate checks, etc.), and intimidate
the driver (with the threat of detaining him/her, obtaining a warrant, etc.)
3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop
which would constitute reasonable suspicion of drug courier activity.
A. Drug courier profile (adapted from a profile developed by the DEA)
1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles
2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.)
3. Vehicle is rented
4. Driver is a young male, 20-35
5. No visible luggage, even though driver is traveling
6. Driver was over -reckless or over -cautious in driving and responding to signals
7. Use of air fresheners
B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop
3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop
which could constitute reasonable suspicion of criminal activity.
A. Thinking about the totality of circumstances in a vehicle stop
B. Vehicle exterior
1. Non-standard repainting (esp. on a new vehicle)
2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.)
3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.)
4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.)
C. Pre -stop indicators
1. Not consistent with traffic flow
2. Driver is overly cautious, or driver/passengers repeatedly look at police car
3. Driver begins using a car- or cell -phone when signaled to stop
4. Unusual pull -over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.)
D. Vehicle interior
1. Rear seat or interior panels have been opened, there are tools or spare tire, etc.
2. Inconsistent items (anti -theft club with a rental, unexpected luggage, etc.)
Resources
Proactive Field Stops Training Unit - Instructor's Guide, Maryland Police and Correctional Training
Commissions, 2001. (See Appendix A.)
Web address for legislation 77R-SB1074: http://tio2.tic.state.tx.us/tlo/77r/billtext/SBOl 074F.htm
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Report on Complaints
The following table contains data regarding officers that have been the subject of a complaint,
during the time period of 1/1/20 - 12/31/20, based on allegations outlining possible violations
related to the Texas Racial Profiling Law. The final disposition of the case is also included.
0
A check above indicates that the Trophy Club Police Department has not received any
complaints, on any members of its police force, for having violated the Texas Racial Profiling Law
during the time period of 1 /1 /20 - 12/31 /20.
Complaints Filed for Possible Violations of The Texas Racial Profiling Law
Complaint Alleged Violation Disposition of the Case
Number
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TOTAL STOPS: 3,106 Male Total: 2,019
STREET ADDRESS OR APPROXIMATE
LOCATION OF STOP.
City Street
2,992
US Highway
12
County Road
1
State Highway
1
Private Property
100
WAS RACE OR ETHNICITY KNOWN PRIOR
TO STOP?
Yes 206
No 2,900
RACE OR ETHNICITY
Alaska Native/American Indian
9
Asian/Pacific Islander
116
Black
331
White
2,443
Hispanic/Latino
207
GENDER
Female Total: 1,087
Alaska Native/American Indian
5
Asian/Pacific Islander
46
Black
97
White
874
Hispanic/Latino
65
Alaska Native/American Indian
4
Asian/Pacific Islander
70
Black
234
White
1,569
Hispanic/Latino
142
REASON FOR STOP?
Violation of Law Total: 65
Alaska Native/American Indian
2
Asian/Pacific Islander
0
Black
8
White
52
Hispanic/Latino
3
Pre -Existing Knowledge Total: 51
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
14
White
34
Hispanic/Latino
3
Moving Traffic Violation Total: 2,514
Alaska Native/American Indian
4
Asian/Pacific Islander
105
Black
243
White
1,988
Hispanic/Latino
174
Vehicle Traffic Violation Total: 476 Contraband (in plain view) Total: 5
Alaska Native/American Indian
3
Asian/Pacific Islander
11
Black
66
White
369
Hispanic/Latino
27
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
1
White
4
Hispanic/Latino
0
WAS SEARCH CONDUCTED? Probable Cause Total:132
YES
Alaska Native/American Indian 2
NO
7
Asian/Pacific Islander
0
116
Black
42
289
White
169
2,274
Hispanic/Latino
TOTAL
6
219
201
2,887
REASON FOR SEARCH?
Consent Total: 72
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
6
White
64
Hispanic/Latino
2
Alaska Native/American Indian
2
Asian/Pacific Islander
0
Black
34
White
92
Hispanic/Latino
4
Inventory Total: 4
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
4
Hispanic/Latino
0
Incident to arrest Total: 6
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
1
White
5
Hispanic/Latino
0
WAS CONTRABAND DISCOVERED? DESCRIPTION OF CONTRABAND
Alaska Native/American Indian
YES
1
NO
1
Asian/Pacific Islander
0
0
Black
29
13
White
101
68
Hispanic/Latino
TOTAL
2
133
4
86
Did the finding result in arrest (total should
equal previous column)?
Alaska Native/American Indian
YES
NO
0
1
Asian/Pacific Islander
0
0
Black
5
24
White
69
32
Hispanic/Latino
TOTAL
0
74
2
59
Drugs Total: 83
Alaska Native/American Indian
1
Asian/Pacific Islander
0
Black
20
White
62
Hispanic/Latino
0
Weapons Total: 2
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
1
White
1
Hispanic/Latino
0
Currency Total: 0
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
0
Hispanic/Latino
0
Alcohol Total: 10
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
2
White
8
Hispanic/Latino
0
Stolen Property Total: 0 Citation Total: 387
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
0
Hispanic/Latino
0
Other Total: 38
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
6
White
30
Hispanic/Latino
2
RESULT OF THE STOP
Verbal Warning Total: 2,641
Alaska Native/American Indian
7
Asian/Pacific Islander
98
Black
278
White
2,088
Hispanic/Latino
170
Written Warning Total: 4
Alaska Native/American Indian
0
Asian/Pacific Islander
1
Black
0
White
3
Hispanic/Latino
0
Alaska Native/American Indian
2
Asian/Pacific Islander
17
Black
48
White
283
Hispanic/Latino
37
Written Warning and Arrest Total: 0
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
0
Hispanic/Latino
0
Citation and Arrest Total: 3
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
3
Hispanic/Latino
0
Arrest Tota I: 71
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
5
White
66
Hispanic/Latino
0
ARREST BASED ON WAS PHYSICAL FORCE RESULTING IN
Violation of Penal Code Total: 60
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
3
White
57
Hispanic/Latino
0
Violation of Traffic Law Total: 1
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
1
Hispanic/Latino
0
Violation of City Ordinance Total: 0
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
0
Hispanic/Latino
0
Outstanding Warrant Total: 13
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
2
White
11
Hispanic/Latino
0
BODILY INJURY USED DURING STOP?
Yes Tota I: 0
Alaska Native/American Indian
0
Asian/Pacific Islander
0
Black
0
White
0
Hispanic/Latino
0
No Total: 3,106
Alaska Native/American Indian
9
Asian/Pacific Islander
116
Black
331
White
2,443
Hispanic/Latino
207
NUMBER OF COMPLAINTS OF RACIAL
PROFILING
Tota I
Resulted in disciplinary action 1 0
Did not result in disciplinary action
19
JV
20
Table 1. Motor Vehicle Contacts Including Tickets, Citations and Warnings. (1 /1 /20-12/31 /20)
Race/Ethnicity
All Motor
Tickets or
Verbal
Written
Vehicle
Citations*
Warnings
Warnings
Contacts
W116
N %
N %
N %
N %
Alaska Native or
9
0
2
1
7
0
0
0
American Indian
Asian or Pacific Islander
116
4
17
4
98
4
1
25
Black
331
11
48
12
278
11
0
0
White
2,443
79
286
73
2,088
79
3
75
Hispanic or Latino
207
7
37
9
170
6
0
0
TOTAL
3,106
100
390
100
2,641
100
4
100
*Includes stops for alleged violation of a law or ordinance, tickets/citations, and verbal and written
warnings
"N"represents"number"of all motor vehicle -related contacts
** Race/Ethnicity is defined by HB 3051
Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison
Comparison of motor vehicle -related contacts with households that have vehicle access (in
percentages). (1 /1 /2020 -12/31 /20)
Race/Ethnicity*
Contacts
Households With
(in percentages)
Vehicle Access
(in percentages)
Alaska Native or American Indian
0
0
Asian or Pacific Islander
4
5
Black
11
14
White
79
60
Hispanic or Latino
7
19
TOTAL
100
98
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Table 3. Motor Vehicle Searches and Arrests. (1 /1 /20-12/31 /20)
Race/Ethnicity
Searches
Consensual
Custody Arrests
Searches
N %
N %
N %
Alaska Native or American
2
1
0
0
0
0
Indian
Asian or Pacific Islander
0
0
0
0
0
0
Black
42
19
6
8
5
7
White
169
77
64
89
69
93
Hispanic or Latino
6
3
2
3
0
0
TOTAL
219
100
72
100
74
100
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Table 4. Instances Where Peace Officers Used Physical Force that Resulted in Bodily Injury
(1 /1 /20-12/31 /20)
Instances Where Peace Location of Stop Reason for Stop
Officers Used Physical Force
that Resulted in Bodily Injury
Table 5. Search Data (1 /1 /20-12/31 /20)
Race/Ethnicity
Searches
Contraband/
Contraband/
Arrests
Evidence
Evidence
Found
Not Found
N %
N %
N %
N %
2
1
1
1
1
1
0
0
Alaska Native or
American Indian
Asian or Pacific Islander
0
0
0
0
0
0
0
0
Black
42
19
29
22
13
15
5
7
White
169
77
101
76
68
79
69
93
Hispanic or Latino
6
3
2
2
4
5
0
0
TOTAL
219
100
133
100
86
100
74
100
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Table 6. Report on Audits.
The following table contains data regarding the number and outcome of required data audits
during the period of 1 /1 /20-12/31 /20.
Data Audits on Racial Profiling Data
Number of Data
Audits Completed
Date of Completion
Outcome of Audit
1
January 20, 2020
Data reviewed is valid and reliable.
2
April 20, 2020
Data reviewed is valid and reliable.
3
August 20, 2020
Data reviewed is valid and reliable.
4
December 20, 2020
Data reviewed is valid and reliable.
Additional Comments:
Table 7. Instances Where Use of Force Was Used Which Caused Bodily Injury During a
Motor Vehicle Contact. (1 /1 /20-12/31 /20)
Race/Ethnicity
Use of Force Causing Bodily Injury
Alaska Native or American Indian
N
%
0
0
Asian or Pacific Islander
0
0
Black
0
0
White
0
0
Hispanic or Latino
0
0
TOTAL
0
0
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
Table 8. Reason for Arrests Resulting From a Motor Vehicle Contact. (1 /1 /20-12/31 /20)
Race/Ethnicity
Violation of
Penal Code
Traffic Law
City
Ordinance
Outstanding
Warrant
Alaska Native or
American Indian
N
%
N
%
N
%
N
%
0
0
0
0
0
0
0
0
Asian or Pacific Islander
0
0
0
0
0
0
0
0
Black
3
5
0
0
0
0
2
15
White
57
95
1
100
0
0
11
85
Hispanic or Latino
0
0
0
0
0
0
0
0
TOTAL
60
100
1
100
0
0
13
100
"N" represents "number" of all motor vehicle contacts
** Race/Ethnicity is defined by HB 3051
In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling
Law. This particular law came into effect on January 1, 2002 and required all police departments
in Texas, to collect traffic -related data and report this information to their local governing
authority by March 1st of each year. In 2009, the racial profiling law was modified to include the
collection and reporting of all motor vehicle related contacts where a citation was issued or
arrest made. In addition, the modification to the law further requires that all police officers
indicate whether or not they knew the race or ethnicity of individuals before detaining them.
Further, it was required that agencies report motor vehicle related data to their local governing
authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1 st of each year.
The purpose in collecting and disclosing this information is to determine if police officers in a
particular municipality are engaging in the practice of racially profiling minority motorists.
The Texas Racial Profiling Law also requires police departments to interpret motor
vehicle -related data. Even though most researchers would probably agree with the fact that it is
within the confines of good practice for police departments to be accountable to the citizenry
while carrying a transparent image before the community, it is very difficult to determine if
individual police officers are engaging in racial profiling, from a review and analysis of
aggregate/institutional data. In other words, it is challenging for a reputable researcher to
identify specific "individual' racist behavior from aggregate -level "institutional" data on traffic or
motor vehicle -related contacts.
As referenced earlier, in 2009, the Texas Legislature passed House Bill 3389, which modified the
Racial Profiling Law by adding new requirements; this took effect on January 1 st, 2010. These
changes included, but are were not limited to, the re -definition of a contact to include motor
vehicles where a citation was issued or an arrest made. In addition, it required police officers to
indicate if they knew the race or ethnicity of the individual before detaining them. Also, the 2009
law required adding "middle eastern" to the racial and ethnic category and submitting the annual
data report to TCOLE before March 1 st of each year.
In 2017, the Texas Legislators passed H.B. 3051 which removed the Middle Eastern data
requirement while standardizing the racial and ethnic categories relevant to the individuals that
came in contact with the police. In addition, the Sandra Bland Act (S.B. 1849) was passed and
became law. Thus, the most significant legislative mandate (Sandra Bland Act) in Texas history
regarding data requirements on law enforcement contacts, became law and took effect on
January 1, 2018. The Sandra Bland Act not only currently requires the extensive collection of
data relevant to police motor vehicle contacts, but it also mandates for the data to be analyzed
while addressing the following:
1. A comparative analysis of the information compiled (under Article 2.133):
a. Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction,
of persons who are recognized as racial or ethnic minorities and persons who are not
recognized as racial or ethnic minorities;
b. Examine the disposition of motor vehicle stops made by officers employed by the agency,
categorized according to the race or ethnicity of the affected persons, as appropriate, including
any searches resulting from stops within the applicable jurisdiction;
c. Evaluate and compare the number of searches resulting from motor vehicle stops within the
applicable jurisdiction and whether contraband or other evidence was discovered in the course
of those searches.
2. Information related to each complaint filed with the agency alleging that a peace officer
employed by the agency has engaged in racial profiling.
In an effort to comply with The Texas Racial Profiling/Sandra Bland Law, the Trophy Club Police
Department commissioned the analysis of its 2020 contact data. Hence, two different types of
data analyses were performed. The first of these involved a careful evaluation of the 2020 motor
vehicle -related data. This particular analysis measured, as required by the law, the number and
percentage of Whites, Blacks, Hispanics or Latinos, Asians and Pacific Islanders, Alaska Natives
and American Indians (Middle Easterners and individuals belonging to the 'other" category, as
optional categories), that came in contact with the police in the course of a motor vehicle related
contact, and were either issued a ticket, citation, warning were issued or an arrest was made.
Also, included in this data were instances where a motor vehicle contact took place for an
alleged violation of the law or ordinance. The Tier 2 data analysis included, but was not limited
to, information relevant to the number and percentage of contacts by race/ethnicity, gender,
reason for the stop, location of stop, searches while indicating the type of search performed,
result of stop, basis of an arrest and use of physical force resulting in bodily injury. It is important
to recognize that the department opted to report its data in a more detailed manner (new
template) which allows for a better and more reliable analysis.
It should be noted that the additional data analysis performed was based on a comparison of
the 2020 motor vehicle contact data with a specific baseline. When reviewing this particular
analysis, one should consider that there is disagreement, in the literature, regarding the
appropriate baseline to be used when analyzing motor vehicle -related contact information. Of
the baseline measures available, the Trophy Club Police Department opted to adopt, as a
baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained
through the U.S. Census Bureau (2010) relevant to the number of households that have access to
vehicles while controlling for the race and ethnicity of the heads of households. It is anticipated
that next year, when the 2020 Census findings are available, this information will be updated,
accordingly.
There is no question that census data presents challenges to any effort made at establishing a
fair and accurate racial profiling analysis. That is, census data contains information on all
residents of a particular community, regardless of the fact they may or may not be among the
driving population. Further, census data, when used as a baseline of comparison, presents the
challenge that it captures information related to city residents only. Thus, excluding individuals
who may have come in contact with the Trophy Club Police Department in 2020 but live outside
city limits. In some cases, the percentage of the population that comes in contact with the police
but lives outside city limits represents a substantial volume of all motor vehicle -related contacts
made in a given year.
Since 2002, several civil rights groups in Texas expressed their desire and made
recommendations to the effect that all police departments should rely, in their data analysis, on
the Fair Roads Standard. This source contains census data specific to the number of
"households" that have access to vehicles. Thus, proposing to compare "households" (which may
have multiple residents and only a few vehicles) with "contacts" (an individual -based count). This,
in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the
Trophy Club Police Department accepted the recommendation to utilize this form of comparison
(i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good
will" and "transparency" before the community. Thus, the Fair Roads Standard data obtained and
used in this study is specifically relevant to the Dallas Fort -Worth (DFW) Metroplex.
Tier 2 (2020) Motor Vehicle -Related Contact Analysis
When analyzing the enhanced and more detailed Tier 2 data collected in 2020, it was evident
that most motor vehicle -related contacts were made with Whites. This was followed by Blacks.Of
those that came in contact with the police, most tickets or citations were issued to Whites; this
was followed by Blacks. However, in terms of written warnings, most of these were issued to
Whites.
Regarding searches and arrests, the data showed that most searches took place among Whites.
When considering all searches, most were consented by Whites while most custody arrests were
of Whites, as well. Overall, most searches resulted in contraband; of these, most searches
producing contraband took place among Whites; this was followed by Blacks.Of the searches
that did not produce contraband, most were of Whites. Most arrests were made on Whites. Most
of the arrests that originated from a violation of the penal code involved Whites. This same was
evident among those arrested as a result of a violation of a traffic law or those arrested due to
an outstanding warrant. Overall, the police department does not report any instances where
force was used that results in bodily injury.
Comparative Analysis
The data analysis of motor vehicle contacts to the census data relevant to the number of
"households" in DFW who indicated, in the 2010 census, that they had access to vehicles,
produced interesting findings. Specifically, the percentage of Blacks, Hispanics, Asians and
American Indians that came in contact with the police was lower than the percentage of Black,
Hispanic, Asian and American Indian households in DFW that claimed, in the 2010 census, to
have access to vehicles. The opposite was true of Whites. That is, a higher percentage of Whites
came in contact with the police than the percentage of White households in DFW that claimed, in
the 2010 census, to have access to vehicles.
The analysis of the searches performed shows that most of the searches produced contraband.
This is above national law enforcement trends. In addition, of those searches that produced
contraband, the majority of them involved White contacts.
Summary of Findings
The most recent Texas Racial Profiling Law requires that police department perform data audits
in order to validate the data being reported. Consistent with this requirement, the Trophy Club
Police Department has engaged del Carmen Consulting, LLC in order to perform these audits in
a manner consistent with normative statistical practices. As shown in table 6, the audits
performed have shown that the data is valid and reliable. Further, as required by law, this report
also includes an analysis on the searches performed. This analysis includes information on
whether contraband was found as a result of the search while controlling for race/ethnicity. The
search analysis demonstrates that the police department is engaging in search practices
consistent with national trends in law enforcement.
While considering the findings made in this analysis, it is recommended that the Trophy Club
Police Department should continue to collect and evaluate additional information on motor
vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may
prove to be useful when determining the nature of the contacts police officers are making with
all individuals.
As part of this effort, the Trophy Club Police Department should continue to:
1) Perform an independent analysis on contact and search data in future years.
2) Commission data audits in 2021 in order to assess data integrity; that is, to ensure
that the data collected is consistent with the data being reported.
The comprehensive analysis of the data included in this report demonstrates that the Trophy
Club Police Department has complied with the Texas Racial Profiling Law and all of its
requirements. Further, the report demonstrates that the police department has incorporated a
comprehensive racial profiling policy, currently offers information to the public on how to file a
compliment or complaint, commissions quarterly data audits in order to ensure validity and
reliability, collects and commissions the analysis of tier 2 data, and ensures that the practice of
racial profiling is not tolerated.
Checklist
The following requirements were met by the Trophy Club Police Department in
accordance with The Texas Racial Profiling Law:
Ej Implement a Racial Profiling Policy citing act or actions that constitute racial
profiling.
[J Include in the racial profiling policy, a statement indicating prohibition of any
peace officer employed by the Trophy Club Police Department from engaging
in racial profiling.
['j Implement a process by which an individual may file a complaint regarding
racial profiling violations.
D Provide public education related to the compliment and complaint process.
Implement disciplinary guidelines for officers found in violation of the Texas
Racial Profiling Law.
Collect, report and analyze motor vehicle data (Tier 2).
[J Commission Data Audits and a Search Analysis.
[� Indicate total number of officers who knew and did not know, the
race/ethnicity of individuals before being detained.
['j Produce an annual report on police contacts (Tier 2) and present this to the
local governing body and TCOLE by March 1, 2021.
Adopt a policy, if video/audio equipment is installed, on standards for
reviewing video and audio docurnentation.
34
0, A
aY
35
TCOLE GUIDELINES
Guidelines for Compiling and Reporting Data under Senate Bill 1074
Background
Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal
Procedure (TCCP) for law enforcement agencies. The Commission developed this document to
assist agencies in complying with the statutory requirements.
The guidelines are written in the form of standards using a style developed from accreditation
organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA).
The standards provide a description of what must be accomplished by an agency but allows wide
latitude in determining how the agency will achieve compliance with each applicable standard.
Each standard is composed of two parts: the standard statement and the commentary. The
standard statement is a declarative sentence that places a clear-cut requirement, or multiple
requirements, on an agency. The commentary supports the standard statement but is not
binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard,
or as an example of one possible way to comply with the standard.
Standard 1
Each law enforcement agency has a detailed written directive that:
• clearly defines acts that constitute racial profiling;
• strictly prohibits peace officers employed by the agency from engaging in racial profiling;
• implements a process by which an individual may file a complaint with the agency if the
individual believes a peace officer employed by the agency has engaged in racial profiling
with respect to the individual filing the complaint;
• provides for public education relating to the complaint process;
• requires appropriate corrective action to be taken against a peace officer employed by
the agency who, after investigation, is shown to have engaged in racial profiling in
violation of the agency's written racial profiling policy; and
• requires the collection of certain types of data for subsequent reporting.
Commentary
Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of
the TCCP now requires a written policy that contains the elements listed in this standard. The
article also specifically defines a law enforcement agency as it applies to this statute as an "
agency of the state, or of a county, municipality, or other political subdivision of the state, that
employs peace officers who make traffic stops in the routine performance of the officers' official
duties."
37
The article further defines race or ethnicity as being of "a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American." The statute does not limit the required
policies to just these ethnic groups.
This written policy is to be adopted and implemented no later than January 1, 2002.
Standard 2
Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing
law enforcement agency information relating to the stop, to include:
• a physical description of each person detained, including gender and the person's race or
ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as
determined by the officer's best judgment;
• the traffic law or ordinance alleged to have been violated or the suspected offense;
• whether the officer conducted a search as a result of the stop and, if so, whether the
person stopped consented to the search;
• whether any contraband was discovered in the course of the search, and the type of
contraband discovered;
• whether probable cause to search existed, and the facts supporting the existence of that
probable cause;
• whether the officer made an arrest as a result of the stop or the search, including a
statement of the offense charged;
• the street address or approximate location of the stop; and
• whether the officer issued a warning or citation as a result of the stop, including a
description of the warning or a statement of the violation charged.
Commentary
The information required by 2.133 TCCP is used to complete the agency reporting requirements
found in Article 2.134. A peace officer and an agency may be exempted from this requirement
under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency
may be exempt from this reporting requirement by applying for the funds from the Department
of Public Safety for video and audio equipment and the State does not supply those funds.
Section 2.135 (a)(2) states, "the governing body of the county or municipality served by the law
enforcement agency, in conjunction with the law enforcement agency, certifies to the
Department of Public Safety, not later than the date specified by rule by the department, that
the law enforcement agency needs funds or video and audio equipment for the purpose of
installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does
not receive from the state funds for video and audio equipment sufficient, as determined by the
department, for the agency to accomplish that purpose."
Standard 3
The agency compiles the information collected under 2.132 and 2.133 and analyzes the
information identified in 2.133.
38
Commentary
Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law
enforcement agencies to gather specific information and to report it to each county or
municipality served. New sections of law were added to the Code of Criminal Procedure
regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person
stopped is not free to leave.
Article 2.134 TCCP requires the agency to compile and provide and analysis of the information
collected by peace officer employed by the agency. The report is provided to the governing body
of the municipality or county no later than March 1 of each year and covers the previous calendar
year.
There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article
2.133 CCP (tier two).
The minimum requirements for "tier one" data for traffic stops in which a citation results are:
1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means
of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native
American");
2) whether a search was conducted, and if there was a search, whether it was a consent
search or a probable cause search; and
3) whether there was a custody arrest.
The minimum requirements for reporting on "tier two" reports include traffic and pedestrian
stops. Tier two data include:
1) the detained person's gender and race or ethnicity;
2) the type of law violation suspected, e.g., hazardous traffic, non -hazardous traffic, or other
criminal investigation (the Texas Department of Public Safety publishes a categorization
of traffic offenses into hazardous or non -hazardous);
3) whether a search was conducted, and if so whether it was based on consent or probable
cause;
4) facts supporting probable cause;
5) the type, if any, of contraband that was collected;
6) disposition of the stop, e.g., arrest, ticket, warning, or release;
7) location of stop; and
8) statement of the charge, e.g., felony, misdemeanor, or traffic.
Tier one reports are made to the governing body of each county or municipality served by the
agency an annual report of information if the agency is an agency of a county, municipality, or
other political subdivision of the state. Tier one and two reports are reported to the county or
municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier
two reports include a comparative analysis between the race and ethnicity of persons detained
to see if a differential pattern of treatment can be discerned based on the disposition of stops
39
including searches resulting from the stops. The reports also include information relating to each
complaint filed with the agency alleging that a peace officer employed by the agency has engaged
in racial profiling. An agency may be exempt from the tier two reporting requirement by applying
for the funds from the Department of Public Safety for video and audio equipment and the State
does not supply those funds [See 2.135 (a)(2) TCCP].
Reports should include both raw numbers and percentages for each group. Caution should be
exercised in interpreting the data involving percentages because of statistical distortions caused
by very small numbers in any particular category, for example, if only one American Indian is
stopped and searched, that stop would not provide an accurate comparison with 200 stops
among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data
when compared to a 50% rate for Caucasians.
Standard 4
If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for
traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency:
• adopts standards for reviewing and retaining audio and video documentation; and
• promptly provides a copy of the recording to a peace officer who is the subject of a
complaint on written request by the officer.
Commentary
The agency should have a specific review and retention policy. Article 2.132 TCCP specifically
requires that the peace officer be promptly provided with a copy of the audio or video recordings
if the officer is the subject of a complaint and the officer makes a written request.
Standard 5
Agencies that do not currently have video or audio equipment must examine the feasibility of
installing such equipment.
Commentary
None
Standard 6
Agencies that have video and audio recording capabilities are exempt from the reporting
requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of
Article 2.133 TCCP provided that:
• the equipment was in place and used during the proceeding calendar year; and
• video and audio documentation is retained for at least 90 days.
Commentary
The audio and video equipment and policy must have been in place during the previous calendar
year. Audio and video documentation must be kept for at least 90 days or longer if a complaint
has been filed. The documentation must be retained until the complaint is resolved. Peace
officers are not exempt from the requirements under Article 2.132 TCCP.
40
Standard 7
Agencies have citation forms or other electronic media that comply with Section 543.202 of the
Transportation Code.
Commentary
Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to
include:
• race or ethnicity, and
• whether a search of the vehicle was conducted and whether consent for the search was
obtained.
41
The Texas Law on Racial Profiling
S.B. No. 1074 - An Act relating to the prevention of racial profiling by certain 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 Articles 2.131 through
2.138 to read as follows:
Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling.
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article:
(1) "Law enforcement agency" means an agency of the state, or of a county, municipality
or other political subdivision of the state, that employs peace officers who make traffic stops in
the routine performance of the officers' official duties.
(2) "Race or ethnicity" means of a particular descent, including Caucasian, African,
Hispanic, Asian, or Native American descent.
Each law enforcement agency in this state shall adopt a detailed written policy on
racial profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from engaging in racial
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 racial profiling
with respect to the individual;
(4) provide public education relating to the agency's complaint process;
(5) require appropriate corrective action to be taken against a peace officer employed by
the agency who, after an investigation, is shown to have engaged in racial profiling in violation of
the agency's policy adopted under this article;
(6) require collection of information relating to traffic stops in which a citation is issued
and to arrests resulting from those traffic stops, including information relating to:
(A) the race or ethnicity of the individual detained; and
B whether a search was conducted and, if so, whether the person detained consented
to the search; and
(7) require the agency to submit to the governing body of each county or municipality
served by the agency an annual report of the information collected under Subdivision (6) if the
agency is an agency of a county, municipality, or other political subdivision of the state.
(c) The data collected as a result of the reporting requirements of this article shall not
constitute prima facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine
the feasibility of installing video camera and transmitter -activated equipment in each agency law
enforcement motor vehicle regularly used to make traffic stops and transmitter -activated
equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a
law enforcement agency installs video or audio equipment as provided by this subsection, the
42
policy adopted by the agency under Subsection (b) must include standards for reviewing video
and audio documentation.
(e) A report required under Subsection (b)(7) may not include identifying information
about a peace officer who makes a traffic stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the collection of information as required by a
policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law enforcement agency of a
complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence
on which the complaint is based was made the agency shall promptly provide a copy of the
recording to the peace officer who is the subiect of the complaint on written request by the
officer.
Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article:
(1) "Race or ethnicity" has the meaning assigned by Article 2.132(a).
ll "Pedestrian stop" means an interaction between a peace officer and an individual
who is being detained for the purpose of a criminal investigation in which the individual is not
under arrest.
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or
ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to
the law enforcement agency that employs the officer information relating to the stop, including:
(1) a physical description of each person detained as a result of the stop including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2) the traffic law or ordinance alleged to have been violated or the suspected offense;
(3) whether the officer conducted a search as a result of the stop and if so whether the
person detained consented to the search;
(4) whether any contraband was discovered in the course of the search and the type of
contraband discovered;
(S) whether probable cause to search existed and the facts supporting the existence of
that probable cause;
(6) whether the officer made an arrest as a result of the stop or the search, including a
statement of the offense charged;
(7) the street address or approximate location of the stop; and
(8) whether the officer issued a warning or a citation as a result of the stop, including a
description of the warning or a statement of the violation charged.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.
(a) In this article. "pedestrian stop" means an interaction between a peace officer and an
individual who is being detained for the purpose of a criminal investigation in which the individual
is not under arrest.
(b) A law enforcement agency shall compile and analyze the information contained in
each report received by the agency under Article 2.133. Not later than March 1 of each year,
each local law enforcement agency shall submit a report containing the information compiled
43
during the previous calendar year to the governing body of each county or municipality served
by the agency in a manner approved by the agency.
(c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled under Article 2.133 to:
(A) determine the prevalence of racial profiling by peace officers employed by the agency; and
(B) examine the disposition of traffic and pedestrian stops made by officers employed by the
agency, including searches resulting from the stops; and
(2) information relating to each complaint filed with the agency alleging that a peace
officer employed by the agency has engaged in racial profiling.
(d) A report required under Subsection (b) may not include identifying information about
aapeace officer who makes a traffic or pedestrian stop or about an individual who is stopped or
arrested by a peace officer. This subsection does not affect the reporting of information required
under Article 2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and Education shall develop
guidelines for compiling and reporting information as required by this article.
O The data collected as a result of the reporting requirements of this article shall not
constitute prima facie evidence of racial profiling.
Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT (a) A peace
officer is exempt from the reporting requirement under Article 2.133 and a law enforcement
agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134
if:
(1) during the calendar year preceding the date that a report under Article 2.134 is
required to be submitted:
(A) each law enforcement motor vehicle regularly used by an officer employed by the agency to
make traffic and pedestrian stops is equipped with video camera and transmitter -activated
equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian
stops is equipped with transmitter -activated equipment; and
(B) each traffic and pedestrian stop made by an officer employed by the agency that is capable
of being recorded by video and audio or audio equipment, as appropriate is recorded by using
the equipment; or
(2) the governing body of the county or municipality served by the law enforcement
agency, in conjunction with the law enforcement agency, certifies to the Department of Public
Safety, not later than the date specified by rule by the department, that the law enforcement
agency needs funds or video and audio equipment for the purpose of installing video and audio
equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state
funds or video and audio equipment sufficient, as determined by the department, for the agency
to accomplish that purpose.
(b) Except as otherwise provided by this subsection, a law enforcement agency that is
exempt from the requirements under Article 2.134 shall retain the video and audio or audio
documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop.
If a complaint is filed with the law enforcement agency alleging that a peace officer employed by
the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency
shall retain the video and audio or audio record of the stop until final disposition of the complaint.
44
(c) This article does not affect the collection or reporting requirements under Article
2.132.
Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the
collection or reporting of information as required by Article 2.133 or under a policy adopted
under Article 2.132.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.
(a) The Department of Public Safety shall adopt rules for providing funds or video and
audio equipment to law enforcement agencies for the purpose of installing video and audio
equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding
or equipment provided to law enforcement agencies. The criteria may include consideration of
tax effort, financial hardship, available revenue and budget surpluses. The criteria must give
priority to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic
enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher
education to identify law enforcement agencies that need funds or video and audio equipment
for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A).
The collaboration may include the use of a survey to assist in developing criteria to prioritize
funding or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of
installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body
of a county or municipality, in conjunction with the law enforcement agency serving the countv
or municipality, shall certify to the Department of Public Safety that the law enforcement agency
needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state for the purpose of
installing video and audio equipment as described by Article 2.135(a)(1)(A) the governing body
of a county or municipality, in conjunction with the law enforcement agency serving the county
or municipality, shall certify to the Department of Public Safety that the law enforcement agency
has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the
equipment as required by Article 2.135(a)(1).
Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles
2.131-2.137.
SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as
follows:
Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means 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.
45
SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as
follows:
0) As part of the initial training and continuing education for police chiefs required under
this section, the institute shall establish a program on racial profiling The program must include
an examination of the best practices for:
(1) monitoring peace officers' compliance with laws and internal agency policies relating
to racial profiling;
(2) implementing laws and internal agency policies relating to preventing racial profiling;
and
(3) analyzing and reporting collected information.
SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read
as follows:
e) As part of the minimum curriculum requirements, the commission shall establish a
statewide comprehensive education and training program on racial profiling for officers licensed
under this chapter. An officer shall complete a program established under this subsection not
later than the second anniversary of the date the officer is licensed under this chapter or the date
the officer applies for an intermediate proficiency certificate whichever date is earlier.
SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read
as follows:
(d) As a requirement for an intermediate proficiency certificate an officer must complete
an education and training program on racial profiling established by the commission under
Section 1701.253(e).
SECTION 6. Section 543.202, Transportation Code, is amended to read as follows:
Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular
descent, including Caucasian, African, Hispanic, Asian, or Native American descent.
The record must be made on a form or by a data processing method acceptable to
the department and must include:
(1) the name, address, physical description, including race or ethnicity, date of birth, and
driver's license number of the person charged;
(2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or
was involved in transporting hazardous materials;
(4) the person's social security number, if the person was operating a commercial motor
vehicle or was the holder of a commercial driver's license or commercial driver learner's permit;
(5) the date and nature of the offense, including whether the offense was a serious traffic
violation as defined by Chapter 522;
Le
(6) whether a search of the vehicle was conducted and whether consent for the search
was obtained;
M the plea, the judgment, and whether bail was forfeited;
the date of conviction; and
[{8}] the amount of the fine or forfeiture.
SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement
a policy and begin collecting information under the policy as required by Article 2.132, Code of
Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit
information to the governing body of each county or municipality served by the agency as
required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003.
The first submission of information shall consist of information compiled by the agency during
the period beginning January 1, 2002, and ending December 31, 2002.
SECTION 8. A local law enforcement agency shall first submit information to the governing body
of each county or municipality served by the agency as required by Article 2.134, Code of Criminal
Procedure, as added by this Act, on March 1, 2004. The first submission of information shall
consist of information compiled by the agency during the period beginning January 1, 2003, and
ending December 31, 2003.
SECTION 9. Not later than January 1, 2002:
(1) the Commission on Law Enforcement Officer Standards and Education shall establish
an education and training program on racial profiling as required by Subsection (e), Section
1701.253, Occupations Code, as added by this Act; and
(2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a
program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as
added by this Act.
SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency
certificate issued by the Commission on Law Enforcement Officer Standards and Education or has
held a peace officer license issued by the Commission on Law Enforcement Officer Standards and
Education for at least two years shall complete an education and training program on racial
profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this
Act, not later than September 1, 2003.
SECTION 11. An individual appointed or elected as a police chief before the effective date of this
Act shall complete a program on racial profiling established under Subsection (j), Section 96.641,
Education Code, as added by this Act, not later than September 1, 2003.
SECTION 12. This Act takes effect September 1, 2001
President of the Senate Speaker of the House
47
I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote:
Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested
appointment of Conference Committee; May 22, 2001, House granted request of the Senate;
May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a
non -record vote; May 22, 2001, House granted request of the Senate for appointment of
Conference Committee; May 24, 2001, House adopted Conference Committee Report by a
non -record vote.
Approved:
Date
Governor
Chief Clerk of the House
48
Modifications to the Original Law
(H.oB* 3389)
Amend CSHB 3389 (Senate committee report) as follows:
(1) Strike the following SECTIONS of the bill:
(A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66);
(B) SECTION 24, amending Article 2.132(b), Code of Criminal Procedure (page 8, lines 19-53);
(C) SECTION 25, amending Article 2.134(b), Code of Criminal Procedure (page 8, lines 54-64);
(D) SECTION 28, providing transition language for the amendments to Articles 2.132(b) and
2.134(b), Code of Criminal Procedure (page 9, lines 40-47).
(2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent
SECTIONS of the bill accordingly: SECTION . Article 2.132, Code of Criminal Procedure, is
amended by amending Subsections (a),(b), (d), and (e) and adding Subsection (g) to read as
follows:
(a) In this article:
(1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or
other political subdivision of the state, that employs peace officers who make motor
vehicle[tFaffie] stops in the routine performance of the officers' official duties.
(2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an
alleged violation of a law or ordinance.
ll "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic,
Asian, [eF] Native American, or Middle Eastern descent.
(b) Each law enforcement agency in this state shall adopt a detailed written policy on racial
profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from engaging in racial 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 racial profiling
with respect to the individual;
(4) provide public education relating to the agency's complaint process;
(5) require appropriate corrective action to be taken against a peace officer employed by the
agency who, after an investigation, is shown to have engaged in racial profiling in violation of the
agency's policy adopted under this article;
(6) require collection of information relating to motor vehicle [tFaf€ie] stops in which a citation is
issued and to _arrests made as a result of [Fesulting f.^"'J those [tFaffie] stops, including
information relating to:
(A) the race or ethnicity of the individual detained; and
(B) whether a search was conducted and, if so, whether the individual [peFsen] detained
consented to the search; and
(C) whether the peace officer knew the race or ethnicity of the individual detained before
detaining that individual; and
(7) require the chief administrator of the agency, regardless of whether the administrator is
elected, employed, or appointed, to submit [te the geyeffiiRg body of eaeh ceunty eF
st,
+municipality sewed by the age"] an annual report of the information collected under
Subdivision (6) to:
(A) the Commission on Law Enforcement Officer Standards and Education; and
(B) the governing body of each county or municipality served by the agency, if the agency is an
agency of a county, municipality, or other political subdivision of the state.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the
feasibility of installing video camera and transmitter -activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle [4affie] stops and transmitter
activated equipment in each agency law enforcement motorcycle regularly used to make motor
vehicle [4a#96] stops. If a law enforcement agency installs video or audio equipment as provided
by this subsection, the policy adopted by the agency under Subsection (b) must include standards
for reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not include identifying information about a
peace officer who makes a motor vehicle [4affie] stop or about an individual who is stopped or
arrested by a peace officer. This subsection does not affect the collection of information as
required by a policy under Subsection (b)(6).
(g) On a finding by the Commission on Law Enforcement Officer Standards and Education that
the chief administrator of a law enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall begin disciplinary procedures against the
chief administrator.
SECTION . Article 2.133, Code of Criminal Procedure, is amended to read as follows:
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PE^CTD1A"'] STOPS. (a) In
this article, "race[:
[ ] or ethnicity" has the meaning assigned by Article 2.132(a).
being detained f9F the PUFpese of a r=Fiminal which the individual is net undef
affest.]
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
[Fe6u''+ing t"aff". E)F ""^ steps a pedeStFianfeF any suspeeted effense] shall report to the law
enforcement agency that employs the officer information relating to the stop, including:
(1) a physical description of any [each] person operating the motor vehicle who is detained as a
result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2) the initial reason for the stop [traff;,. laW „ ^~,manee alleged to have h,,,,„ , elated er the
(3) whether the officer conducted a search as a result of the stop and, if so, whether the person
detained consented to the search;
(4) whether any contraband or other evidence was discovered in the course of the search and a
description [fie] of the contraband or evidence [disc�eped];
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain view;
B any probable cause or reasonable suspicion existed to perform the search, or
50
(C) the search was performed as a result of the towing of the motor vehicle or the arrest of anv
person in the motor vehicle [existed and the f. ets SUPPeFting the existenee f that PFeb
eause];
(6) whether the officer made an arrest as a result of the stop or the search, including a statement
of whether the arrest was based on a violation of the Penal Code a violation of a traffic law or
ordinance, or an outstanding warrant and a statement of the offense charged;
(7) the street address or approximate location of the stop; and
(8) whether the officer issued a written warning or a citation as a result of the stop[ ineluding-a
deSffiptien of the waFning OF a statement of the vielatien ].
SECTION . Article 2.134, Code of Criminal Procedure, is amended by amending Subsections
(a) through (e) and adding Subsection (g) to read as follows:
(a) In this article:
(1) "Motor vehicle[,, "pedestrian] stop" has the meaning assigned by Article 2.132(a) [+weans -an
0 nteFaetien between a peaee efficeF and an individual whe is being detained f9F the PUFp0se of a
ffiminai *nyestigatien on which the individual is not undeF aFFes-t1j.
(2) "Race or ethnicity" has the meaning assigned by Article 2.132(a).
(b) A law enforcement agency shall compile and analyze the information contained in each report
received by the agency under Article 2.133. Not later than March 1 of each year, each [Iecai] law
enforcement agency shall submit a report containing the incident -based data [94OF natiert]
compiled during the previous calendar year to the Commission on Law Enforcement Officer
Standards and Education and, if the law enforcement agencv is a local law enforcement agency,
to the governing body of each county or municipality served by the agency ['
by the agepley].
(c) A report required under Subsection (b) must be submitted by the chief administrator of the
law enforcement agency, regardless of whether the administrator is elected employed or
appointed, and must include:
(1) a comparative analysis of the information compiled under Article 2.133 to:
(A) evaluate and compare the number of motor vehicle stops within the applicable jurisdiction
of persons who are recognized as racial or ethnic minorities and persons who are not recognized
as racial or ethnic minorities [ eteFmine the pFevalence Of Faeial ^ 19filing by peaGe ^ffiee f
empleyed by the ]; and
(B) examine the disposition of motor vehicle [tFaff.e and pedeStFia .] stops made by officers
employed by the agency, categorized according to the race or ethnicity of the affected persons,
as appropriate, including any searches resulting from [the] stops within the applicable
jurisdiction; and
(2) information relating to each complaint filed with the agency alleging that a peace officer
employed by the agency has engaged in racial profiling.
(d) A report required under Subsection (b) may not include identifying information about a peace
officer who makes a motor vehicle [tFaffie OF pedeStFia ,] stop or about an individual who is
stopped or arrested by a peace officer. This subsection does not affect the reporting of
information required under Article 2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and Education, in accordance with
Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting
information as required by this article.
51
(g) On a finding by the Commission on Law Enforcement Officer Standards and Education that
the chief administrator of a law enforcement agency intentionally failed to submit a report
required under Subsection (b), the commission shall begin disciplinary procedures against the
chief administrator.
SECTION . Article 2.135, Code of Criminal Procedure, is amended to read as follows:
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A
peace officer is exempt from the reporting requirement under Article 2.133 and the chief
administrator of a law enforcement agency, egardless of whether the administrator is elected
employed, or appointed, is exempt from the compilation, analysis, and reporting requirements
under Article 2.134 if:
(1) during the calendar year preceding the date that a report under Article 2.134 is required to
be submitted:
(A) each law enforcement motor vehicle regularly used by an officer employed by the agency to
make motor vehicle [traf#6 and pedeStFan] stops is equipped with video camera and
transmitter -activated equipment and each law enforcement motorcycle regularly used to make
motor vehicle [tFaffie and pedeS+'"^] stops is equipped with transmitter -activated equipment;
and
(B) each motor vehicle [tFaffie and pedeStriaR] stop made by an officer employed by the agency
that is capable of being recorded by video and audio or audio equipment, as appropriate, is
recorded by using the equipment; or
(2) the governing body of the county or municipality served by the law enforcement agency, in
conjunction with the law enforcement agency, certifies to the Department of Public Safety, not
later than the date specified by rule by the department, that the law enforcement agency needs
funds or video and audio equipment for the purpose of installing video and audio equipment as
described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video
and audio equipment sufficient, as determined by the department, for the agency to accomplish
that purpose.
(b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt
from the requirements under Article 2.134 shall retain the video and audio or audio
documentation of each motor vehicle [4aff0^ and pedeStFian] stop for at least 90 days after the
date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace
officer employed by the agency has engaged in racial profiling with respect to a motor vehicle
[4aff;^ eF pedeStFi R] stop, the agency shall retain the video and audio or audio record of the
stop until final disposition of the complaint.
(c) This article does not affect the collection or reporting requirements under Article 2.132.
(d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a).
SECTION . Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to
read as follows:
Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency
intentionally fails to submit the incident -based data as required by Article 2.134 the agency is
liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney
general may sue to collect a civil penalty under this subsection.
(b) From money appropriated to the agency for the administration of the agency, the executive
director of a state law enforcement agency that intentionally fails to submit the incident -based
52
data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each
violation.
(c) Monev collected under this article shall be deposited in the state treasury to the credit of the
general revenue fund.
SECTION . Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding
Article 102.022 to read as follows:
Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO
CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the Department of Public Safety under Section 708.052,
Transportation Code.
(b) A defendant convicted of a moving violation in a justice court, county court, county court at
law, or municipal court shall pay a fee of 10 cents as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision, including deferred adjudication; or
(3) the court defers final disposition of the person's case.
(d) The clerks of the respective courts shall collect the costs described by this article. The clerk
shall keep separate records of the funds collected as costs under this article and shall deposit the
funds in the county or municipal treasury, as appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit collected under this article; and
(2) send to the comptroller before the last day of the first month following each calendar quarter
the funds collected under this article during the preceding quarter.
f A county or municipality may retain 10 percent of the funds collected under this article by an
officer of the county or municipality as a collection fee if the custodian of the county or municipal
treasury complies with Subsection (e).
(g) If no funds due as costs under this article are deposited in a county or municipal treasury in
a calendar quarter, the custodian of the treasury shall file the report required for the quarter in
the regular manner and must state that no funds were collected.
(h) The comptroller shall deposit the funds received under this article to the credit of the Civil
Justice Data Repository fund in the general revenue fund, to be used only by the Commission on
Law Enforcement Officer Standards and Education to implement duties under Section 1701.162,
Occupations Code.
0) Funds collected under this article are subiect to audit by the comptroller.
SECTION . (a) Section 102.061, Government Code, as reenacted and amended by Chapter
921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to
the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151), Acts
of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT:
CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs
under the Code of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $20;
(2) a fee for services of the clerk of the court (Art.102.005, Code of Criminal Procedure) ... $40;
53
(3) a records management and preservation services fee (Art. 102.005, Code of Criminal
Procedure) ... $25;
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3;
(5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) ... 50 [�S]; [a-nd]
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed
$5, and
(7) a civil justice fee (Art. 102.022 Code of Criminal Procedure) $0 10.
(b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the
80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues in effect as further amended
by this section.
SECTION . (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167),
Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments
made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $20;
(2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) ... $40;
(3) a records management and preservation services fee (Art. 102.005, Code of Criminal
Procedure) ... $25;
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3;
(5) a juvenile delinquency prevention and graffiti eradication fee (Art.102.0171, Code of Criminal
Procedure) ... 50 [$S]; [and]
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed
$5, and
(7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10.
(b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the
80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to
reorganize and renumber that section, continues in effect as further amended by this section.
SECTION . Section 102.101, Government Code, is amended to read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF
CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of
Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $3;
(2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004,
Code of Criminal Procedure) ... $3;
(3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure)
... one jury fee of $3;
54
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $4;
(5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal
Procedure) ... $4;
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed
$5;
(7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored
check (Art. 102.0071, Code of Criminal Procedure) ... not to exceed $30; [and]
(8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3
million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) ... not to exceed $7, and
(9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10.
SECTION . Section 102.121, Government Code, is amended to read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction
of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $3;
(2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004,
Code of Criminal Procedure) ... $3;
(3) a jury fee for two or more defendants tried jointly (Art.102.004, Code of Criminal Procedure)
... one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3;
(5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal
Procedure) ... not to exceed $4; [ate]
(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed
$5, and
(7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10.
SECTION . Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section
1701.164 to read as follows:
Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT -BASED DATA SUBMITTED BY LAW
ENFORCEMENT AGENCIES. The commission shall collect and maintain incident -based data
submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident -
based data compiled by a law enforcement agency from reports received by the law enforcement
agency under Article 2.133 of that code. The commission in consultation with the Department
of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W.
Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop
guidelines for submitting in a standard format the report containing incident -based data as
required by Article 2.134, Code of Criminal Procedure.
SECTION Subsection (a), Section 1701.501, Occupations Code, is amended to read as
follows:
(a) Except as provided by Subsection (d), the commission shall revoke or suspend a license, place
on probation a person whose license has been suspended, or reprimand a license holder for a
violation of:
(1) this chapterl
55
(2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure;
or
(3) a commission rule.
SECTION . (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal
Procedure, as amended by this Act, relating to the compilation, analysis, and submission of
incident -based data apply only to information based on a motor vehicle stop occurring on or after
January 1, 2010.
(b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added
by this Act, applies only to an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for that purpose. For purposes
of this section, an offense was committed before the effective date of this Act if any element of
the offense occurred before that date.
M.
Racial and Ethnic Designations
(H.B. 3051)
H.B. No. 3051 - An Act relating to the categories used to record the race or ethnicity of persons
stopped for or convicted of traffic offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as follows:
(3) "Race or ethnicity" means the following categories:
(A) Alaska native or American Indian;
[of a particular deseent, ineluding Gaweasian, AfFiean, H ,] Asian or Pacific Islander;
C black;
(D) white; and
(E) Hispanic or Latino [, Native AmeFiean, eF Meddle EasteFn descent].
SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows:
(a) In this section, "race or ethnicity" means the following categories:
(1) Alaska native or American Indian;
(2) [ef a paFtieulaF deseent, ' ,] Asian or Pacific Islander;
3 black;
(4) white; and
(5) Hispanic or Latino [, eF Native AFneFiean d nt].
SECTION 3. This Act takes effect September 1, 2017.
President of the Senate
Speaker of the House
I certify that H.B. No. 3051 was passed by the House on May 4, 2017, by the following vote: Yeas
143, Nays 2, 2 present, not voting.
Chief Clerk of the House
certify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following
vote: Yeas 31, Nays 0.
Secretary of the Senate
APPROVED:
Date
Governor
57
The Sandra Bland Act
(SeBe 1849)
S.B. No. 1849
An Act relating to interactions between law enforcement and individuals detained or arrested on
suspicion of the commission of criminal offenses, to the confinement, conviction, or release of
those individuals, and to grants supporting populations that are more likely to interact frequently
with law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of
Sandra Bland.
ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF
HAVING A MENTAL ILLNESS, AN INTELLECTUAL DISABILITY, OR A SUBSTANCE ABUSE ISSUE
SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows:
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR
INTELLECTUAL DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than 12 [72] hours after
receiving credible information that may establish reasonable cause to believe that a defendant
committed to the sheriff's custody has a mental illness or is a person with an intellectual disability
[mental retardation], including observation of the defendant's behavior immediately before,
during, and after the defendant's arrest and the results of any previous assessment of the
defendant, the sheriff shall provide written or electronic notice of the information to the
magistrate. On a determination that there is reasonable cause to believe that the defendant has
a mental illness or is a person with an intellectual disability [mental retardation], the magistrate,
except as provided by Subdivision
(2), shall order the local mental health or intellectual and developmental disability
[mental retardation] authority or another qualified mental health or intellectual disability
[mental retardation] expert to:
(A) collect information regarding whether the defendant has a mental illness as defined by
Section 571.003,
Health and Safety Code, or is a person with an intellectual disability [mental retardation] as
defined by Section 591.003, Health and Safety Code, including information obtained from any
previous assessment of the defendant; and
(B) provide to the magistrate a written assessment of the information collected under Paragraph
(A).
(2) The magistrate is not required to order the collection of information under Subdivision
(1) if the defendant in the year preceding the defendant's applicable date of arrest has
been determined to have a mental illness or to be a person with an intellectual disability
[mental retardation] by the local mental health or intellectual and developmental
disability [mental retardation] authority or another mental health or intellectual disability
[mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous determination may proceed
under Subsection (c).
(3) If the defendant fails or refuses to submit to the collection of information regarding
the defendant as required under Subdivision (1), the magistrate may order the defendant to
submit to an examination in a mental health facility determined to be appropriate by the local
mental health or intellectual and developmental disability [mental retardation] authority for a
reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility
operated by the Department of State Health Services or the Health and Human Services
Commission [Department of Aging and Disability Services] for examination only on request of the
local mental health or intellectual and developmental disability [mental retardation] authority
and with the consent of the head of the facility. If a defendant who has been ordered to a facility
operated by the Department of State Health Services or the Health and Human Services
Commission [Department of Aging and Disability Services] for examination remains in the facility
for a period exceeding 21 days, the head of that facility shall cause the defendant to be
immediately transported to the committing court and placed in the custody of the sheriff of the
county in which the committing court is located. That county shall reimburse the facility for the
mileage and per diem expenses of the personnel required to transport the defendant calculated
in accordance with the state travel regulations in effect at the time.
(b) A written assessment of the information collected under Subsection (a)(1)(A) shall be
provided to the magistrate not later than the 30th day after the date of any order issued under
Subsection (a) in a felony case and not later than the 10th day after the date of any order issued
under that subsection in a misdemeanor case, and the magistrate shall provide copies of the
written assessment to the defense counsel, the prosecuting attorney, and the trial court. The
written assessment must include a description of the procedures used in the collection of
information under Subsection (a)(1)(A) and the applicable expert's
observations and findings pertaining to:
(1) whether the defendant is a person who has a mental illness or is a person with an
intellectual disability [mental retardation];
(2) whether there is clinical evidence to support a belief that the defendant may be
incompetent to stand trial and should undergo a complete competency examination under
Subchapter B, Chapter 4613; and
(3) recommended treatment.
(c) After the trial court receives the applicable expert's written assessment relating to the
defendant under Subsection (b)
or elects to use the results of a previous determination as described by Subsection (a)(2), the trial
court may, as applicable:
(1) resume criminal proceedings against the defendant, including any appropriate
proceedings related to the defendant's release on personal bond under Article 17.032;
(2) resume or initiate competency proceedings, if required, as provided by Chapter 46B
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or other proceedings affecting the defendant's receipt of appropriate court -ordered mental
health or intellectual disability [mental retardation] services, including proceedings related to the
defendant's receipt of outpatient mental health services under Section 574.034, Health and
Safety Code; or
(3) consider the written assessment during the punishment phase after a conviction of
the offense for which the defendant was arrested, as part of a presentence investigation report,
or in connection with the impositions of conditions following placement on community
supervision, including deferred adjudication community supervision.
(d) This article does not prevent the applicable court from, before, during, or after the
collection of information regarding the defendant as described by this article: (1) releasing a
defendant who has a mental illness [mentally ill] or is a person with an intellectual disability
[mentally retarded defendant] from custody on personal or surety bond; or
(2) ordering an examination regarding the defendant's competency to stand trial.
SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article 16.23 to
read as follows:
Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE
ISSUE. (a) Each law enforcement agency shall make a good faith effort to divert a person suffering
a mental health crisis or suffering from the effects of substance abuse to a proper treatment
center in the agency's jurisdiction if:
(1) there is an available and appropriate treatment center in the agency's jurisdiction to
which the agency may divert the person;
(2) it is reasonable to divert the person;
(3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor
involving violence; and
(4) the mental health crisis or substance abuse issue is suspected to be the reason the
person committed the alleged offense.
(b) Subsection (a) does not apply to a person who is accused of an offense under Section
49.04, 49.045, 49.05, 49.06, 49.065,
49.07, or 49.08, Penal Code.
SECTION 2.03. Section 539.002, Government Code, is amended to read as follows:
Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY
COLLABORATIVES. (a) To the extent funds are appropriated to the department for that purpose,
the department shall make grants to entities, including local governmental entities, nonprofit
community organizations, and faith -based community organizations, to establish or expand
community collaboratives that bring the public and private sectors together to provide services
to persons experiencing homelessness, substance abuse issues, or [and] mental illness. [The
department may make a maximum of five grants, which must be made in the most populous
municipalities in this state that are located in counties with a population of more than one
million.] In awarding grants, the department shall give special consideration to entities:
(1) establishing [a] new collaboratives; or
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(2) establishing or expanding collaboratives thatserve two or more counties, each with a
population of less than 100,000 [collaborative].
(b) The department shall require each entity awarded a grant under this section to:
(1) leverage additional funding from private sources in an amount that is at least equal
to the amount of the grant awarded under this section; [and]
(2) provide evidence of significant coordination and collaboration between the entity,
local mental health authorities, municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community collaborative funded by a
grant awarded under this section; and
(3) provide evidence of a local law enforcement policy to divert appropriate persons from
jails or other detention facilities to an entity affiliated with a community collaborative for the
purpose of providing services to those persons.
SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read
as follows:
Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVE& (a) The governing
body of a county shall develop and make public a plan detailing:
(1) how local mental health authorities, municipalities, local law enforcement agencies,
and other community stakeholders in the county could coordinate to establish or expand a
community collaborative to accomplish the goals of Section 539.002;
(2) how entities in the county may leverage funding from private sources to accomplish
the goals of Section 539.002 through the formation or expansion of a community collaborative;
and
(3) how the formation or expansion of a community collaborative could establish or
support resources or services to help local law enforcement agencies to divert persons who have
been arrested to appropriate mental health care or substance abuse treatment.
(b) The governing body of a county in which an entity that received a grant under Section
539.002 before September 1, 2017, is located is not required to develop a plan under Subsection
(a).
(c) Two or more counties, each with a population of less than 100,000, may form a joint
plan under Subsection (a).
ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS
SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read as
follows:
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH
MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as
follows:
(b) A magistrate shall release a defendant on personal bond unless good cause is shown
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otherwise if the:
(1) defendant is not charged with and has not been previously convicted of a violent
offense;
(2) defendant is examined by the local mental health or intellectual and developmental
disability [mental retardation] authority or another mental health expert under Article 16.22 [of
this code];
(3) applicable expert, in a written assessment submitted to the magistrate under Article
16.22:
(A) concludes that the defendant has a mental illness or is a person with an intellectual disability
[mental retardation] and is nonetheless competent to stand trial; and
(B) recommends mental health treatment or intellectual disability treatment for the defendant,
as applicable; and
(4) magistrate determines, in consultation with the local mental health or intellectual and
developmental disability [mental retardation] authority, that appropriate community -based
mental health or intellectual disability [mental retardation] services for the defendant are
available through the [Texas] Department of State [Mental] Health Services [and Mental
Retardation] under Section 534.053, Health and Safety Code, or through another mental health
or intellectual disability [mental retardation] services provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require
as a condition of release on personal bond under this article that the defendant submit to
outpatient or inpatient mental health or intellectual disability [mental retardation] treatment as
recommended by the local mental health or intellectual and developmental disability [mental
retardation] authority if the defendant's:
(1) mental illness or intellectual disability [mental retardation] is chronic in nature; or
(2) ability to function independently will continue to deteriorate if the defendant is not
treated.
SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows:
Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the time the
indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall [on
request] deliver a copy of the indictment [same] to the accused or the accused's [his] counsel[,]
at the earliest possible time.
SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows:
Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the indictment
or information to the accused or the accused's counsel at the earliest possible time before trial
[it shall not be necessary before trial to furnish the accused with a copy of the indictment or
information; but he or his counsel may demand a copy, which shall be given as early as possible
SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B. 875),
648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is
reenacted and amended to read as follows:
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(a) The commission shall:
(1) adopt reasonable rules and procedures establishing minimum standards for the
construction, equipment, maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures establishing minimum standards for the
custody, care, and treatment of prisoners;
(3) adopt reasonable rules establishing minimum standards for the number of jail
supervisory personnel and for programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures establishing minimum requirements for
programs of rehabilitation, education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if necessary;
(6) provide to local government officials consultation on and technical assistance for
county jails;
(7) review and comment on plans for the construction and major modification or
renovation of county jails;
(8) require that the sheriff and commissioners of each county submit to the commission,
on a form prescribed by the commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to determine compliance with state
law, commission orders, and the rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8) and require commission
employees to inspect county jails regularly to ensure compliance with state law, commission
orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs and judges in determining which
defendants are low -risk and consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for segregation of classes of inmates and to
capacities for county jails;
(12) require that the chief jailer of each municipal lockup submit to the commission, on
a form prescribed by the commission, an annual report of persons under 17 years of age
securely detained in the lockup, including all information necessary to determine compliance
with state law concerning secure confinement of children in municipal lockups;
(13) at least annually determine whether each county jail is in compliance with the rules
and procedures adopted under this chapter;
(14) require that the sheriff and commissioners court of each county submit to the
commission, on a form prescribed by the commission, an annual report of persons under 17 years
of age securely detained in the county jail, including all information necessary to determine
compliance with state law concerning secure confinement of children in county jails;
(15) schedule announced and unannounced inspections of jails under the commission's
jurisdiction using the risk assessment plan established under Section 511.0085 to guide the
inspections process;
(16) adopt a policy for gathering and distributing to jails under the commission's
jurisdiction information regarding:
(A) common issues concerning jail administration;
(B) examples of successful strategies for maintaining compliance with state law and the rules,
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standards, and procedures of the commission; and
(C) solutions to operational challenges for jails;
(17) report to the Texas Correctional Office on Offenders with Medical or Mental
Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures establishing minimum requirements for jails
to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan addresses medical and mental health care, including
nutritional requirements, and any special housing or work assignment needs for persons who are
confined in the jail and are known or determined to be pregnant;
(19) provide guidelines to sheriffs regarding contracts between a sheriff and another
entity for the provision of food services to or the operation of a commissary in a jail under the
commission's jurisdiction, including specific provisions regarding conflicts of interest and
avoiding the appearance of impropriety; [and]
(20) adopt reasonable rules and procedures establishing minimum standards for prisoner
visitation that provide each prisoner at a county jail with a minimum of two in -person, noncontact
visitation periods per week of at least 20 minutes duration each;
(21) [(20)] require the sheriff of each county to:
(A) investigate and verify the veteran status of each prisoner by using data made available from
the Veterans Reentry Search Service (VRSS) operated by the United States Department of
Veterans Affairs or a similar service; and
(B) use the data described by Paragraph (A) to assist prisoners who are veterans in applying for
federal benefits or compensation for which the prisoners may be eligible under a program
administered by the United States Department of Veterans Affairs;
(22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a
county jail by a guardian, as defined by Section 1002.012, Estates Code, that:
(A) allow visitation by a guardian to the same extent as the prisoner's next of kin, including
placing the guardian on the prisoner's approved visitors list on the guardian's request and
providing the guardian access to the prisoner during a facility's standard visitation hours if the
prisoner is otherwise eligible to receive visitors; and
(B) require the guardian to provide the sheriff with letters of guardianship issued as provided by
Section 1106.001, Estates Code, before being allowed to visit the prisoner; and
(23) adopt reasonable rules and procedures to ensure the safety of prisoners, including
rules and procedures that require a county jail to:
(A) give prisoners the ability to access a mental health professional at the jail through a
telemental health service 24 hours a day;
(B) give prisoners the ability to access a health professional at the jail or through a telehealth
service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth
service, provide for a prisoner to be transported to access a health professional; and
(C) if funding is available under Section 511.019, install automated electronic sensors or cameras
to ensure accurate and timely in -person checks of cells or groups of cells confining at -risk
individuals.
SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read
as follows:
(d) The commission shall adopt reasonable rules and procedures establishing minimum
standards regarding the continuity of prescription medications for the care and treatment of
prisoners. The rules and procedures shall require that a qualified medical professional shall
review as soon as possible any prescription medication a prisoner is taking when the prisoner is
taken into custody.
SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019, 511.020,
and 511.021 to read as follows:
Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the
general revenue fund.
(b) The prisoner safety fund consists of:
(1) appropriations of money to the fund by the legislature; and
(2) gifts, grants, including grants from the federal government, and other donations
received for the fund.
(c) Money in the fund may be appropriated only to the commission to pay for capital
improvements that are required under Section 511.009(a)(23).
(d) The commission by rule may establish a grant program to provide grants to counties
to fund capital improvements described by Subsection (c). The commission may only provide a
grant to a county for capital improvements to a county jail with a capacity of not more than 96
prisoners.
Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the
sheriff of each county shall report to the commission regarding the occurrence during the
preceding month of any of the following incidents involving a prisoner in the county jail:
(1) a suicide;
(2) an attempted suicide;
(3) a death;
(4) a serious bodily injury, as that term is defined by
Section 1.07, Penal Code;
(5) an assault;
(6) an escape;
(7) a sexual assault; and
(8) any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal
Code.
(b) The commission shall prescribe a form for the report required by Subsection (a).
(c) The information required to be reported under Subsection (a)(8) may not include the
name or other identifying information of a county jailer or jail employee.
(d) The information reported under Subsection (a) is public information subject to an
open records request under Chapter 552.
Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTYJAIL. (a) On the
death of a prisoner in a county jail, the commission shall appoint a law enforcement agency, other
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than the local law enforcement agency that operates the county jail, to investigate the death as
soon as possible.
(b) The commission shall adopt any rules necessary relating
to the appointment of a law enforcement agency under Subsection
(a), including rules relating to cooperation between law
enforcement agencies and to procedures for handling evidence.
SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal
Procedure, apply only to a personal bond that is executed on or after the effective date of
this Act. A personal bond executed before the effective date of executed, and the former law is
continued in effect for that purpose.
SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall:
(1) adopt the rules and procedures required by Section 511.009(d), Government Code,
as added by this article, and the rules required by Section 511.021(b), Government Code, as
added by this article; and
(2) prescribe the form required by Section 511.020(b), Government Code, as added by
this article.
SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt
the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this
article. On and after September 1, 2020, a county jail shall comply with any rule or procedure
adopted by the Commission on Jail Standards under that subdivision.
SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th
Legislature, Regular Session, 2017, relating to non -substantive additions to and corrections in
enacted codes.
ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING
SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to read
as follows:
Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a) The Texas
Commission on Law Enforcement shall develop and the commission shall approve an
examination for a person assigned to the jail administrator position overseeing a
county jail.
(b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to
the jail administrator position overseeing a county jail to pass the examination not later than the
180th day after the date the person is assigned to that position. The rules must provide that a
person who fails the examination may be immediately removed from the position and may not
be reinstated until the person passes the examination.
(c) The sheriff of a county shall perform the duties of the jail administrator position at
any time there is not a person available who satisfies the examination requirements of this
section.
(d) A person other than a sheriff may not serve in the jail administrator position of a
county jail unless the person satisfies the examination requirement of this section.
SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j) and
adding Subsection (n) to read as follows: commission shall require an officer to complete a 40-
hour statewide education and training program on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental impairments. An officer shall
complete the program not later than the second anniversary of the date the officer is licensed
under this chapter or the date the officer applies for an intermediate proficiency certificate,
whichever date is earlier. An officer may not satisfy the requirements of this subsection [section]
or Section 1701.402(g) by taking an online course on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental impairments.
(n) As part of the minimum curriculum requirements, the commission shall require an
officer to complete a statewide education and training program on de-escalation techniques to
facilitate interaction with members of the public, including techniques for limiting the use of
force resulting in bodily injury.
SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows:
(a) Except as provided by Subsection (e), a person may not be appointed as a county jailer, except
on a temporary basis, unless the person has satisfactorily completed a preparatory training
program, as required by the commission, in the operation of a county jail at a school operated or
licensed by the commission. The training program must consist of at least eight hours of mental
health training approved by the commission and the Commission on Jail Standards.
SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows:
(b) The commission shall require a state, county, special district, or municipal agency that
appoints or employs peace officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency certificate, not more than 20 hours of
education and training that contain curricula incorporating the learning objectives developed by
the commission regarding:
(A) civil rights, racial sensitivity, and cultural diversity;
(B) de-escalation and crisis intervention techniques to facilitate interaction with persons with
mental impairments; [and]
(C) de-escalation techniques to facilitate interaction with members of the public, including
techniques for limiting the use of force resulting in bodily injury; and
(D) unless determined by the agency head to be inconsistent with the officer's assigned duties:
(i) the recognition and documentation of cases that involve child abuse or neglect, family
violence, and sexual assault; and
(ii) issues concerning sex offender characteristics.
SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n) to read
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as follows:
(n) As a requirement for an intermediate proficiency certificate or an advanced
proficiency certificate, an officer must complete the education and training program regarding
de-escalation techniques to facilitate interaction with members of the public established by the
commission under Section 1701.253(n).
SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement shall
develop and the Commission on Jail Standards shall approve the examination required by Section
511.00905, Government Code, as added by this article.
SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement
shall establish or modify training programs as necessary to comply with Section 1701.253,
Occupations Code, as amended by this article.
(b) The minimum curriculum requirements under Section 1701.253(j), Occupations Code,
as amended by this article, apply only to a peace officer who first begins to satisfy those
requirements on or after April 1, 2018.
SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect
January 1, 2018.
(b) A person in the position of county jailer on September 1, 2017, must comply with
Section 1701.310(a), Occupations Code, as amended by this article, not later than August 31,
2021.
ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF CITATIONS
SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections
(b) and (d) and adding Subsection (h) to read as follows:
(b) Each law enforcement agency in this state shall adopt a detailed written policy on
racial profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from engaging in racial
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 racial profiling
with respect to the individual;
(4) provide public education relating to the agency's compliment and complaint process,
including providing the telephone number, mailing address, and e-mail address to make a
compliment or complaint with respect to each ticket, citation, or warning issued by a peace
officer;
(5) require appropriate corrective action to be taken against a peace officer employed by
the agency who, after an investigation, is shown to have engaged in racial profiling in violation of
the agency's policy adopted under this article;
(6) require collection of information relating to motor vehicle stops in which a ticket,
citation, or warning is issued and to arrests made as a result of those stops, including information
relating to:
(A) the race or ethnicity of the individual detained;
(B) whether a search was conducted and, if so, whether the individual detained consented to
the search; [and]
(C) whether the peace officer knew the race or ethnicity of the individual detained before
detaining that individual;
(D) whether the peace officer used physical force that resulted in bodily injury, as that term is
defined by Section 1.07, Penal Code, during the stop;
(E) the location of the stop; and
(F) the reason for the stop; and
(7) require the chief administrator of the agency, regardless of whether the administrator
is elected, employed, or appointed, to submit an annual report of the information collected under
Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or municipality served by the agency, if the agency is an
agency of a county, municipality, or other political subdivision of the state.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine
the feasibility of installing video camera and transmitter -activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle stops and transmitter -activated
equipment in each agency law enforcement motorcycle regularly used to make motor vehicle
stops. The agency also shall examine the feasibility of equipping each peace officer who regularly
detains or stops motor vehicles with a body worn camera, as that term is defined by Section
1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or
equips peace officers with body worn cameras as provided by this subsection, the policy adopted
by the agency under Subsection (b) must include standards for reviewing video and audio
documentation.
(h) A law enforcement agency shall review the data collected under Subsection (b)(6) to
identify any improvements the agency could make in its practices and policies regarding motor
vehicle stops.
SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection
(b) and adding Subsection (c) to read as follows:
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
shall report to the law enforcement agency that employs the officer information relating to the
stop, including:
(1) a physical description of any person operating the motor vehicle who is detained as a
result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a result of the stop and, if so, whether the
person detained consented to the search;
(4) whether any contraband or other evidence was discovered in the course of the search
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and a description of the contraband or evidence;
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain view;
(B) any probable cause or reasonable suspicion existed to perform the search; or
(C) the search was performed as a result of the towing of the motor vehicle or the arrest of any
person in the motor vehicle;
(6) whether the officer made an arrest as a result of the stop or the search, including a
statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic
law or ordinance, or an outstanding warrant and a statement of the offense charged;
(7) the street address or approximate location of the stop; [and]
(8) whether the officer issued a verbal or written warning or a ticket or citation as a result
of the stop; and
(9) whether the officer used physical force that resulted in bodily injury, as that term is
defined by Section 1.07, Penal Code, during the stop.
(c) The chief administrator of a law enforcement agency, regardless of whether the
administrator is elected, employed, or appointed, is responsible for auditing reports under
Subsection (b)
to ensure that the race or ethnicity of the person operating the motor vehicle is being reported.
SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows:
(c) A report required under Subsection (b) must be submitted by the chief administrator
of the law enforcement agency, regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled under Article 2.133 to:
(A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction,
of persons who are recognized as racial or ethnic minorities and persons who are not recognized
as racial or ethnic minorities; [and]
(B) examine the disposition of motor vehicle stops made by officers employed by the agency,
categorized according to the race or ethnicity of the affected persons, as appropriate, including
any searches resulting from stops within the applicable jurisdiction; and
(C) evaluate and compare the number of searches resulting from motor vehicle stops within the
applicable jurisdiction and whether contraband or other evidence was discovered in the course
of those searches; and
(2) information relating to each complaint filed with the agency alleging that a peace
officer employed by the agency has engaged in racial profiling.
SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows:
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall
adopt rules for providing funds or video and audio equipment to law enforcement agencies for
the purpose of installing video and audio equipment in law enforcement motor vehicles and
motorcycles or equipping peace officers with body worn cameras [as described by Article
2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided to law
enforcement agencies. The criteria may include consideration of tax effort, financial hardship,
70
available revenue, and budget surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic
enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher
education to identify law enforcement agencies that need funds or video and audio equipment
for the purpose of installing video and audio equipment in law enforcement motor vehicles and
motorcycles or equipping peace officers with body worn cameras [as described by Article
2.135(a)(1)(A)]. The collaboration may include the use of a survey to assist in developing criteria
to prioritize funding or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of
installing video and audio equipment in law enforcement motor vehicles and motorcycles or
equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the
governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state for the purpose of
installing video and audio equipment in law enforcement motor vehicles and motorcycles or
equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the
governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency has taken the necessary actions to use and is using [installed] video and
audio equipment and body worn cameras for those purposes [as described by Article
2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1)].
SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows:
(a) If the chief administrator of a local law enforcement agency intentionally fails to
submit the incident -based data as required by Article 2.134, the agency is liable to the state for
a civil penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The
attorney general may sue to collect a civil penalty under this subsection.
SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed.
SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this article,
apply only to a report covering a calendar year beginning on or after January 1, 2018.
SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement
shall:
(1) evaluate and change the guidelines for compiling and reporting information required
under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable the
guidelines to better withstand academic scrutiny; and
(2) make accessible online:
(A) a downloadable format of any information submitted under Article 2.134(b), Code of Criminal
71
Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and
(B) a glossary of terms relating to the information to make the information readily
understandable to the public. This Act takes effect September 1, 2017.
President of the
Senate Speaker of the House
I hereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote:
Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 1849 passed the House on May 20, 2017, by the following vote:
Yeas 137, Nays 0, one present not voting.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
Approved:
Date
Governor
Chief Clerk of the House
72
TROPHY CLUB POLICE
DEPARTMENT
RACIAL PROFILING POLICY
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Trophy Club Police Department
Policy Manual
RACIAL PROFILING 1 BIAS BASED PROFILING
333.1 PURPOSE
The purpose of this policy is to affirm that the Trophy Club Police Department is committed
to unbiased policing in all its encounters between officers and any person. The Department
recognizes that our society holds the freedoms of the individual as a fundamental concept.
Therefore members of this Department will not infringe upon this freedom without just, legal and
necessary cause.This policy strictly forbids profiling of any individual or group based solely on
race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group,
faith -based organizations or any other identifiable group.
333.2 POLICY
It is the policy of this department to police in a proactive manner and to aggressively investigate
suspected violations of the law. Officers shall actively enforce local, state and federal laws in a
responsible and professional manner, without regard to race, ethnicity, national origin. Officers
are strictly prohibited from engaging in racial profiling as defined in this policy. Racial profiling is
an unacceptable police tactic and will not be condoned.
• This policy strictly prohibits profiling of any individual based on race, ethnic
background gender, sexual orientation religion, economic status, age, cultural
group, or any other identifiable group.
This Policy is adopted in compliance with the requirements of Articles 2.131 through
2.138, Texas Code of Criminal Procedure, which prohibits Texas peace officers from
engaging in racial profiling.
333.3 DEFINITIONS
Racial Profiling: A law enforcement -initiated action based on an individual's race, ethnicity,
national origin, rather than on behavior or information identifying the individual as having engaged
in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential
suspect of criminal behavior. The term is not relevant as it pertains to witnesses, complainants,
persons needing assistance, or other citizen contacts.
Bias Based Profiling: The selection of an individual based solely on a trait common to that group
for enforcement action. This includes, but is not limited to: race, ethnic background, gender, sexual
orientation, religion, economic status, cultural group, or any other identifiable group.
Race or Ethnicity: Persons of a particular descent, including Caucasian, Black, Hispanic, Asian,
Middle Eastern or Native American descent.
Acts Constituting Racial (Bias Based) Profiling: Acts initiating law enforcement action, such
as a traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon an
individual's race, ethnicity, or national origin or on the basis of racial or ethnic stereotypes, rather
than upon the individuals' behavior, information identifying the individual as having possibly
engaged in criminal activity, or other lawful reasons for the law enforcement action.
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Motor Vehicle Contact: An occasion in which a peace officer stops a motor vehicle for an alleged
violation of law or ordinance.
333.4 PROHIBITION
Officers of the Trophy Club Police Department are strictly prohibited from engaging in racial
profiling. The prohibition against racial profiling does not preclude the use of race, ethnicity or
national origin as factors in a detention decision by an officer. Race, ethnicity or national origin
may be legitimate factors in such a decision when used as part of a description of a suspect or
witness for whom an officer is searching.
Officers of the Trophy Club Police Department shall not engage in profiling based solely on race,
ethnic background, gender, sexual orientation, religion, economic status, age, culture, or any other
identifiable group.
333.5 COMPLAINT PROCESS
No person shall be discouraged, intimidated or coerced from filing a complaint, or be discriminated
against because they have filed a complaint.
Any person who believes that a peace officer employed by the Trophy Club Police Department
has engaged in racial profiling with respect to that person, may file a complaint in accordance with
the provisions ofTrophy Club Police Department Policy 901 Complaints.
An employee who is contacted regarding a complaint against an officer shall follow the
procedures set forth in Trophy Club Police Department Policy 901 Complaints.
Citizens who appear in person wishing to file a complaint shall be provided with
a department brochure, "How to File a Complaint." Brochures are maintained in
the Trophy Club Police Department lobby, and at the Trophy Club Town Hall. Citizens
may also be directed to the Departmental website to file a complaint.
Any supervisor who becomes aware of an alleged or suspected violation of this Policy shall report
the alleged violation in accordance with Trophy Club Police Department Policy 901 Complaints.
Complaints of racial profiling shall be classified as a Level I complaint, and shall be investigated
by the Professional Standards Unit,or a designated Internal Affairs Investigator unless otherwise
directed by the Chief of Police. A log of all Racial Profiling Complaints will be maintained by the
Chief of Police.
333.6 DISCIPLINARY AND CORRECTIVE ACTIONS
Any officer of this Department who is found, after investigation, to have engaged in racial profiling
in violation of this Policy may be subject to disciplinary action, up to an including termination.
Disciplinary or corrective actions may include diversity, sensitivity or other appropriate training or
counseling, as determined by the Chief of Police.
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333.7 PUBLIC EDUCATION
This Department shall provide education to the public concerning the racial profiling
complaint process. The primary method of public education shall be through a
brochure, "How to File a Complaint" which are maintained in the lobby of the Trophy
Club Police Department, and at the Trophy Club Town Hall. These brochures are
available in both English and Spanish versions. Other education methods may be
utilized to inform the public, including news media, civic presentations, the Internet,
and/or public meetings.
The Trophy Club Police Department shall provide public education relating to the
Department's complaint process which shall be printed on each ticket, citation or
warning issued by Trophy Club Officers. In the event that it is not possible for the
computer generated citations to print the complaint process information, Officers shall
provide information on how to file a complaint when encountering the public by means
of an information card "How to file a complaint" which will be presented to all individuals
who are stopped or arrested by Trophy Club Police Officers,
333.8 COLLECTION OF INFORMATION AND ANNUAL REPORT WHEN CITATION
ISSUED OR ARREST MADE
For each motor vehicle contact in which a citation is issued and/or for each arrest resulting from
a motor vehicle contact, an officer involved in the stop shall collect the following information:
If the person contacted is a resident of the Town of Trophy Club, it shall be reflected in the data
that is entered.
(b) The gender of the person being reported.
(c) Information identifying the race or ethnicity of the person detained. The following codes will
be used to identify the individual's race:
f . A = Asian
Z. B = Black
3. C = Caucasian
4. H = Hispanic
5. M = Middle Eastern
6. NA = Native American/American Indian
7. O = Other
Note: Officers may not ask the individual to identify their race. If the officer is unable to determine
the race or ethnicity of the person contacted, then the race shall be entered as "Other" on the
citation(s) issued
(d) Whether the officer knew the race or ethnicity of the individual detained before detaining
that individual.
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(e) What violation/charge was used to make first contact or was it related to a Call -For Service.
(f) What was the action taken (citation or arrest)?
(g) What was the contacted person's charge?
(h) Was a search was conducted?
(i) If a search was conducted, did the individual detained consent to the search?
0) Whether a search was conducted because probable cause existed.
(k) Whether contraband was found; and, if so, what was the contraband?
(1) The information collected shall be entered into a database by entering Racial Profiling data
utilizing the in -car Mobile Data Computer (MDC) or the computers available in the Department.
All contacts requiring Racial Profiling data collection must be entered
1. In the event the data is unable to be collected electronically, the data will be recorded
on temporary forms and entered in the database at a later date.
2. ThePatrol Captain shall ensure all Racial Profiling Data is collected and reported
to the Chief of Police. The data collected shall be compiled in an annual report
covering the period .January 1 through December 31 of each year, and shall be
submitted to the governing body of the Town of Trophy Club no later than March
of the following year. The report will include:
(a) A breakdown of citations by race or ethnicity;
(b) Number of citations that resulted in a search;
(c) Number of searches that were consensual;
(d) Number of citations that resulted in custodial arrest; and
(e) Public education efforts concerning the racial profiling complaint process.
3. The annual report shall not include identifying information about any individual
stopped or arrested, and shall not include identifying information about any
peace officer involved in a stop or arrest.
A. Racial Profiling Data will also be reported to the Texas Commission on Law
Enforcement Officer Standards and Education (TCOLE) by March 1 of each year,
following the Commission's prescribed format.
333.9 AUDIO AND VIDEO EQUIPMENT
A. Each motor vehicle regularly used by this department to make motor vehicle contacts
shall be equipped with a mobile video camera system capable of recording video and
audio, and each motorcycle regularly used by this department to make motor vehicle
contacts shall be equipped with audio recording equipment.
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B. Each motor vehicle contact made by an officer of this department capable of being
recorded by video and audio, or by audio only for motorcycles, shall be recorded.
C. Supervisors and officers shall ensure that mobile video camera equipment, and/or
audio equipment, is properly functioning prior to commencing their tour of duty. Police
units with malfunctioning or inoperable mobile video camera equipment shall not be
utilized under normal circumstances.
D. Supervisors shall have the authority to assign units with malfunctioning or inoperable
mobile video equipment when situations dictate. Officers assigned to such units shall
collect and document the information listed below for each motor vehicle contact. All
documentation must be submitted to the officer's supervisor prior to ending that tour
of duty. Documentation shall include but is not limited to field interview forms, traffic
citations and warning tickets.
1. A physical description of any person operating the motorvehicle, who is detained
as a result of the stop, including:
(a) The person's gender.
(b) The person's race or ethnicity, as stated by the person, or if the person
does not state, the person's race or ethnicity, as determined by the officer
to the best of his or her ability. Officers will not ask the individual to identify
their race or ethnicity.
(c) Whether the officer knew the race or ethnicity of the individual detained
before detaining that individual.
(d) The initial reason for the stop.
(e) Whether officer conducted a search as a result of the stop, and, if so,
whether or not the person detained consented to the search.
(f) Whether any contraband or other evidence was discovered in the course
of the search and a description of the contraband or evidence.
(g) The reason for the search, including whether:
1. Any contraband or other evidence was in plain view.
2. Any probably cause or reasonable suspicion existed to perform the
search; or
3. The search was performed as a result of the towing of the motor
vehicle or the arrest of any person in the motor vehicle.
4. Whether the officer made an arrest as a result of the stop or the
search, including a statement of whether the arrest was based on a
violation of Penal Code, a violation of traffic law or ordinance or an
outstanding warrant and a statement of the offense charged.
(h) The street address or approximate location of the stop.
(i) Whether the officer issued a citation or a written warning as a result of the
stop.
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(j) Whether the person contacted is a resident or non-resident of the Town of
Trophy Club. This shall be reflected on each citation issued, using an (R)
for residents or an (NR) for non-resident.
333.10 REVIEW OF VIDEO AND AUDIO DOCUMENTATION
A. Each audio and video recording shall be retained for a minimum period of ninety (90)
days, unless a complaint is Fled alleging that an officer has engaged in a racial profiling
with respect to a motor vehicle contact. The Captain of the Patrol Division shall ensure
that all audio and recordings are properly stored and retained in accordance with
applicable laws and this Policy.
B. (If a complaint is received alleging that an officer has engaged in racial profiling, the
audio/video recording shall be forwarded to the Chief of Police. The Chief of Police
shall retain the video until final disposition of the complaint has been made.
C. The Patrol Captain or designee shall review a randomly selected sampling of video
and audio recordings, made recently by officers employed by the Department, in order
to determine if patterns of racial profiling exist.This Policy requires the supervisory
review of at least three (3) random videos each quarter (3 months) per officer.
These reviews shall be documented on the appropriate form.
D. Written documentation shall include:
The names of the officers whose contacts were reviewed.
2. The date(s) of the videos reviewed.
3. The date the actual review was conducted.
4. The name of the person conducting the review.
E. The Patrol Captain shall forward the required documentation to the Chief of Police or
his designee.
F. The Field Operations Division shall maintain a file of all video review documentation
performed, in compliance with this Policy.
G. In reviewing audio and video recordings, the Patrol Captain or designee shall seek
to determine if the officer(s) reviewed have engaged in a pattern of racial profiling
that includes multiple acts constituting racial profiling for which there is no reasonable,
credible explanation based on established police and law enforcement procedures.
333.11 TRAINING
Each peace officer employed by the department shall complete the comprehensive education and
training program on racial profiling established by the Texas Commission on Law Enforcement
Officer (TCOLE) not later than the second anniversary of the date the officer was licensed, or
the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.
A person who on September 1, 2001, held a TCOLE intermediate proficiency certificate, or who
had held a peace officer license issued by TCOLE for at least two years, shall complete a TCOLE
training and education program on racial profiling not later than September 1 of the current year.
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The Chief of Police shall, in completing the training required by Section 96.641, Texas 777
Education Code, complete the program on racial profiling established by the Bill Blackwood Law
Enforcement management Institute of Texas (LEMIT).
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Contact Information
For additional questions regarding the information presented in this report, please contact:
Del Carmen Consulting, LLC
817.681.7840
www.texasracialprofiling.com
www.delcarmenconsulting.com
Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not
liable for any omissions or errors committed in the acquisition, analysis, or creation of this
report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate
use and distribution of information contained in this report. Further, no liability shall be
incurred as a result of any harm that may be caused to individuals and/or organizations as a
result of the information contained in this report.
Copyright: This report may not be altered or reproduced outside the agreed terms, in any
manner whatsoever without the written permission of the author.