02.26.2024 TC Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
February 26, 2024 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION led by Rev. Bill Eason, Fellowship United Methodist Church
NATIONAL ANTHEM AND PLEDGES
National Anthem - Byron Nelson High School Choir
Pledge of Allegiance to the American Flag
Pledge of Allegiance to the Texas Flag
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter pursuant to Texas
Government Code Sec. 551.007. The Council is not permitted to discuss or take action on
any presentations made concerning matters that are not listed on the agenda.
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 by completing the Speaker’s Form or may email
mayorandcouncil@trophyclub.org
COMMUNITY SPOTLIGHT
1. Working for You... Trophy Club
a) Update from Town Council Members
b) Update from Town Manager (Brandon Wright, Town Manager)
c) Quick Civic Tip (Dean Roggia, Town Attorney)
CONSENT AGENDA
This part of the agenda consists of non-controversial or "housekeeping" items required by
law. Items may be removed from Consent by any council member by making such request
prior to a motion and vote.
2. Consider approval of the February 12, 2024, Town Council Work Session and Regular
Meeting Minutes. (Tammy Dixon, Town Secretary)
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3. Consider authorizing the Town Manager to negotiate and execute an Interlocal
Agreement with the City of Southlake, Texas for use of the Southlake Police Department
firing range. (Patrick Arata, Police Chief)
4. Consider authorizing the Town Manager to negotiate and execute an agreement with Fort
Worth Cleaning Services for janitorial services for Trophy Club Town Hall, Police
Department, and Fire Station in an annual amount of $43,200 including three one-year
renewal options. (Matt Cox, Community Development Director)
5. Consider authorizing the Town Manager to negotiate and execute a contract with EnTech
Displays for the rebuild of the purchase and installation of outdoor LED message boards
at the median of the intersection of Trophy Club Dr and TX 114 frontage road, in front of
First Financial Bank, in the not-to-exceed amount of $32,000. (Matt Cox, Community
Development Director)
INDIVIDUAL ITEMS
6. Consider accepting the Trophy Club Police Department's 2023 Racial Profiling Report.
(Patrick Arata, Police Chief)
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed
by Texas Government Code Sections 551.071 through 551.076 and Section 551.087.
CERTIFICATION
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall
for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general
public at all times on the following date and time: February 21, 2024, at 4:35 p.m., and said
Notice of Meeting was also posted concurrently on the Town’s website in accordance with
Texas Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting.
/s/ Tammy Dixon
Tammy Dixon, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
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TOWN COUNCIL COMMUNICATION
MEETING DATE: February 26, 2024
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the February 12, 2024, Town Council Work Session and
Regular Meeting Minutes. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held a work session and regular meeting on
February 12, 2024.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 02.12.2024 draft minutes
ACTIONS/OPTIONS:
Move to approve the February 12, 2024, Town Council Work Session and Regular Meeting
Minutes. (Tammy Dixon, Town Secretary)
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Town of Trophy Club Town Council Meeting Minutes
February 12, 2024, 6:00 p.m., Work Session and Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL WORK SESSION TO ORDER
Mayor Tiffany called the work session to order at 6:00 p.m.
COUNCILMEMBERS PRESENT
Jeannette Tiffany, Mayor
Dennis Sheridan, Mayor Pro Tem
Stacey Bauer, Councilmember Place 1
Steve Flynn, Councilmember Place 6 (arrived at 6:16 p.m.)
LuAnne Oldham, Councilmember Place 5
Jeff Beach, Councilmember Place 2
Karl Monger, Councilmember Place 4
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Police Chief
April Duvall, Finance Director
Denise Deprato, Human Resources Director
Jill Lind, Communications and Marketing Director
Chase Ellis, Parks and Recreation Director
Tamara Smith, Assistant to the Town Manager
WORK SESSION ITEM
1.Presentation and discussion of findings from Town Council's Bobcat Boulevard
traffic observations and recommendations for key objectives to be addressed
through traffic improvement solutions. (Brandon Wright, Town Manager)
Town Manager Wright gave a presentation, discussed the findings of the Town
Council’s traffic observations, reviewed the key objectives and answered questions from
the Town Council.
Following discussion, Mr. Wright explained the next step was to engage with an
engineering firm for a traffic control plan analysis.
Mayor Tiffany adjourned the work session at 6:43 p.m.
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Town Council Regular Meeting Minutes-February 12, 2024 Page 2
CALL REGULAR MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:00 p.m.
INVOCATION
Pastor Joel Quilé of Bara Church, led the invocation.
PLEDGES
Councilmember Monger stated that Town Council attended the memorial service
of native Trophy Club resident, Navy Seal, Special Warfare Operator 2nd Class Nathan
Gage Ingram and requested a moment of silence in his honor.
Councilmember Monger led the Pledge of Allegiances to the American and
Texas Flags.
PUBLIC COMMENTS
All addresses are located in Trophy Club unless otherwise indicated.
Speaker Name and Address Subject (as written on form or stated)
Glyn Smith – 13 Jamie Court Water flow/ Drainage
Richard Beaty – 18 Hillcrest Court Drainage
Tim Humphries – 15 Hillcrest Court Easement Repairs
James Janka – 11 Hillcrest Court Drainage on Hillcrest
Mindy Connelly – 22 Hillcrest Court Easement/Drainage
Jan Beaty – 18 Hillcrest Court Drainage
Gene Thie – 16 Hillcrest Court Hillcrest flooding
COMMUNITY SPOTLIGHT
2. Trophy Club Emergency Volunteer Association (TCEVA)
Gene Popik gave a presentation on the TCEVA highlighting the history and
purpose of the organization.
3. Working for You . . . Trophy Club
a) Update from Town Council Members
Mayor Pro Tem Sheridan spoke about drainage issues in the area of Hillcrest Court
and Jamie Court and requested that the issue be added to a future meeting or be looked
at by staff to find a possible resolution.
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Town Council Regular Meeting Minutes-February 12, 2024 Page 3
Council Member Flynn announced Friday, February 16, 2024, was the last day to file
for a place on the May 4, 2024, general election ballot. He encouraged everyone to be
civil and utilize professionalism during the election season.
Mayor Tiffany spoke about the new Town Weekly Newsletter recently launched and
is released each Friday. She stated the newsletter provides a comprehensive picture of
current projects and events occurring in the Town. She stated the newsletter is sent out
through Trophy Club alerts and is also posted on the Town’s website.
Mayor Tiffany announced she would be representing the Town of Trophy Club on
Wednesday, February 14th, 2024, at the Metroport Chamber – State of the Cities
luncheon. She stated she was delighted to represent the community and was looking
forward to sharing news and information about the Town.
b) Update from Town Manager
Town Manager Wright provided the following update:
•The Arts and Culture Ad Hoc Committee update for March would be postponed
until April to allow the Committee to work with a facilitator to assist in achieving
its goals to develop a successful Arts and Culture Commission program.
•The Fence repair at the corner of Bobcat Blvd. and Parkview Dr. has been
completed.
•The summer employment program would soon be launched, and open
positions will be posted to the Town’s website.
•On February 14th, the Metroport Chamber will be hosting a membership
luncheon featuring a spotlight on the State of the communities. He explained
this event provides a valuable platform to directly engage with community
leaders and gain insights into the latest developments and initiatives in each of
their municipalities.
•The Police Department will be hosting a free Identity Theft Awareness program
on February 15th at the Lake Cities Church.
•The Parks and Recreation Board meeting was scheduled for February 19th at
7:00 p.m.
•The Economic Development Board meeting was scheduled for February 27th
at 6:00 p.m.
c) Quick Civic Tip from Town Attorney
Town Attorney Roggia spoke about the legal requirements for Councilmembers to
participate in Town Council meetings remotely.
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Town Council Regular Meeting Minutes-February 12, 2024 Page 4
CONSENT AGENDA
This part of the agenda consists of non-controversial, or "housekeeping" items required by law.
Items may be removed from Consent by any council member by making such request prior to a
motion and vote.
Mayor Pro Tem Sherian requested items 7 and 10 to be pulled from Consent.
4. Consider approval of the January 8, 2024, Town Council Regular Meeting Minutes;
January 19, 2024, and January 20, 2024, Town Council Retreat Meeting Minutes.
(Tammy Dixon, Town Secretary)
5. Consider approval of the First Quarter Investment Report for Fiscal Year 2024.
(April Duvall, Director of Finance)
6. Consider a resolution authorizing amendments to financial institution documents
naming authorized Town representatives for Texas Local Government Investment
Pools TexPool signature accounts. (April Duvall, Director of Finance). The caption
of the resolution reads as follows:
RESOLUTION NO. 2024-01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, APPROVING AND AUTHORIZING AMENDMENTS TO
FINANCIAL INSTITUTION DOCUMENTS NAMING AUTHORIZED TOWN
REPRESENTATIVES ON TEXPOOL SIGNATURE ACCOUNTS; APPOINTING
AUTHORIZED REPRESENTATIVES, AND DESIGNATING INVESTMENT
OFFICERS.
7. Consider a resolution adopting the method for making written requests for public
information. (Tammy Dixon, Town Secretary) Item pulled from Consent.
8. Consider amendments to the Town of Trophy Club Compensation Pay Plan with
an effective date of February 12, 2024. (Denise Deprato, Director of Human
Resources)
9. Consider authorizing the Town Manager to negotiate and execute a repair contract
with Classic Chevrolet of Grapevine, TX in an amount not-to-exceed $150,000 to
repair Town vehicles affected by hail damage on June 11, 2023. (Denise Deprato,
Director of Human Resources)
10. Consider authorizing the Town Manager to negotiate and execute a master
services agreement with Terralogic Solutions, Inc. for payment kiosk and software
services for the Trophy Club Park entrance in the amount of $48,273. (Chase Ellis,
Director of Parks & Recreation) Item pulled from Consent.
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Town Council Regular Meeting Minutes-February 12, 2024 Page 5
Councilmember Flynn moved to approve Consent Items 4, 5, 6, 8, and 9.
Councilmember Monger seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
7. Consider a resolution adopting the method for making written requests for public
information. (Tammy Dixon, Town Secretary)
Mayor Pro Tem Sheridan requested Town Secretary Dixon explain the process for
public information requests.
Town Secretary Dixon explained the Public Information Act is currently triggered
when a person submits a written request to any staff member and this was not an efficient
process due to deadlines. She stated the Town utilized JustFOIA, an online portal, to
process public information requests. She explained the proposed resolution designates
the methods by which requests can be made to include one designated email, the
JustFOIA portal on the town’s website, by mail and/or by person.
Mayor Pro Tem Sheridan moved to approve Resolution 2024-02 adopting the
method for making written requests for public information. Councilmember Flynn
seconded the motion. The caption of the resolution reads as follows:
RESOLUTION 2024-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, ADOPTING THE METHOD FOR MAKING WRITTEN REQUESTS FOR
PUBLIC INFORMATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
10. Consider authorizing the Town Manager to negotiate and execute a master
services agreement with Terralogic Solutions, Inc. for payment kiosk and software
services for the Trophy Club Park entrance in the amount of $48,273. (Chase Ellis,
Director of Parks & Recreation)
Mr. Ellis, Director of Parks and Recreation, provided stated the current payment
kiosk located at Trophy Club Park was installed in 2014 and was in need of replacement
as it has required numerous mechanical and technical repairs; staff manually processes
all online purchases for park admittance requiring additional staff time and reducing
customer experience. He explained the new kiosk would incorporate improved payment
solutions and aesthetics for the entrance; it would create a link between the online
payment system and the gate system to omit staff’s involvement and automate the park
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Town Council Regular Meeting Minutes-February 12, 2024 Page 6
admission process; and would provide a more cohesive and friendly customer
experience.
Councilmember Beach moved to authorize the Town Manager to negotiate and
execute a master services agreement with Terralogic Solutions, Inc. for payment kiosk
and software services for the Trophy Club Park entrance in the amount of $48,273.
Councilmember Bauer seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES:None
VOTE:7-0
Mayor Tiffany adjourned the Town Council meeting at 8:12 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
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TOWN COUNCIL COMMUNICATION
MEETING DATE: February 26, 2024
FROM: Patrick Arata, Chief of Police
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute an
Interlocal Agreement with the City of Southlake, Texas for use of the
Southlake Police Department firing range. (Patrick Arata, Police Chief)
BACKGROUND/SUMMARY: The Trophy Club Police Department utilizes the Southlake Police
Department's firing range for annual qualifications and quarterly training. This agreement
allows for the Police Department to continue annual use of the facility and establishes the
appropriate payments for that use. The usage fee is $600 per day. The Trophy Club Police
Department uses the facility approximately five times a year with an estimated annual expense
of $3,000.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: Anticipated annual expenditures for use of the firing range is $3,000. Funding
for this item is budgeted for in the Police Department's General Fund budget.
LEGAL REVIEW: The Town Attorney has reviewed the agreement as to form and legality.
ATTACHMENTS:
1. Southlake Training Facility Agreement
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to negotiate
and execute an Interlocal Agreement with the City of Southlake, Texas for use of the Southlake
Police Department firing range.
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TOWN COUNCIL COMMUNICATION
MEETING DATE: February 26, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute an
agreement with Fort Worth Cleaning Services for janitorial services for Trophy
Club Town Hall, Police Department, and Fire Station in an annual amount of
$43,200 including three one-year renewal options. (Matt Cox, Community
Development Director)
BACKGROUND/SUMMARY: The Town of Trophy Club utilizes a third-party vendor for janitorial
services at Town Hall, the Police Department, and the Fire Station. Cleaning services are
performed three days per week on Tuesdays, Thursdays, and Saturdays. Under the agreement,
the vendor is responsible for cleaning common areas, unlocked offices, restrooms, break
rooms, and locker rooms. In addition to these services, the vendor vacuums, sweeps, mops,
dusts, removes trash, sanitizes surfaces, and restocks restrooms. As needed, the agreement
also includes cleaning of appliances and cabinets, light fixtures, and carpet spot removal. All
services are provided for a flat monthly fee of $3,600.
The original term of the agreement is to begin February 1, 2024 through September 30, 2024
and renewals for additional one-year terms through September 30, 2027. The Town may
terminate the agreement without cause with 30-days written notice. The contract amount
through September 30, 2024 is $32,400. Annually, janitorial services through the contract will
be $43,200.
Quotes were received from janitorial services companies in the second half of calendar year
2023 with the anticipation of changing vendors in February. Based on service levels and costs,
Fort Worth Cleaning Services is recommended as the best overall value to the Town of Trophy
Club.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The cost of janitorial services through September 30, 2024 is $32,400. The
annual cost of janitorial services will be $43,200.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and
legality.
ATTACHMENTS:
1. FWCP Contract
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2. Town of Trophy Club - Professional Cleaners Addendum
3. MARS Janitorial Seriveces - Qoute
4. CW Janitorial Qoute - Janitorial Services
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to negotiate
and execute an agreement with Fort Worth Cleaning Services for janitorial services for Trophy
Club Town Hall, Police Department, and Fire Station in an annual amount of $43,200 including
three one-year renewal options.
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Addendum to Agreement for Services Between
the Town of Trophy Club and Fort Worth Cleaning Professionals
This Addendum to Agreement for Services (the “Addendum”) is attached to and hereby
made a part of the Agreement for Services effective February 1st, 2024 (the “Agreement”) between
the Town of Trophy Club, a Texas home-rule municipal corporation located in Denton County,
Texas (“Town” or “Customer”), and Fort Worth Cleaning Professionals, 9500 Ray White Rd.,
Suite 200, Fort Worth, TX 76244 (“Vendor”).
1. The Agreement is hereby amended to identify the Town as the proper party with the
authority to enter into the Agreement; however, the parties understand and agree that the services
provided by Vendor are coordinated through the Town’s staff and the Trophy Club Fire
Department/EMS.
2.INDEMNITY/INSURANCE. VENDOR (THE “INDEMNIFYING PARTY”),
SHALL AT ITS SOLE COST INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
TOWN, TOGETHER WITH THE TOWN’S OFFICERS, AGENTS, COUNCIL
MEMBERS, EMPLOYEES, ATTORNEYS AND REPRESENTATIVES
(COLLECTIVELY, INCLUDING THE TOWN, THE “TOWN INDEMNIFIED
PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES,
DEMANDS, CAUSES OF ACTION, CLAIMS, JUDGMENTS, SUITS, COSTS AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) MADE BY ANY
THIRD-PARTY, TO THE EXTENT ARISING FROM OR RELATED TO THE
SERVICES PROVIDED BY VENDOR PURSUANT TO THIS AGREEMENT
(COLLECTIVELY, “INDEMNIFIED CLAIMS”), REGARDLESS OF THE LEGAL
THEORY ASSERTED BY ANY THIRD PARTIES AND REGARDLESS OF WHETHER
THE DAMAGES OR CLAIMS OF THIRD PARTIES ARE KNOWN OR FULLY
APPRECIATED AT THIS TIME BY VENDOR OR THE TOWN. THE INDEMNITIES IN
THIS AGREEMENT ARE SPECIFICALLY INTENDED TO OPERATE AND BE
APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE
DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT,
ERROR, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL
CONDUCT, BREACH OF CONTRACT, BREACH OF WARRANTY, VIOLATION OF
STATUTE OR COMMON LAW, VIOLATIONS OF THE STATE OR FEDERAL
CONSTITUTIONS, OR ANY OTHER CONDUCT WHATSOEVER OF THE TOWN
INDEMNIFIED PARTIES. VENDOR SHALL USE LEGAL COUNSEL REASONABLY
ACCEPTABLE TO THE TOWN IN CARRYING OUT ITS OBLIGATIONS
HEREUNDER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT. THIS
INDEMNIFICATION IS NOT INTENDED TO APPLY TO CLAIMS MADE AGAINST
THE TOWN INDEMNIFIED PARTIES RESULTING FROM NEGLIGENT ACTS OF
TOWN EMPLOYEES COVERED UNDER SECTION 101.021 OF THE TEXAS CIVIL
PRACTICE AND REMEDIES CODE.
In addition to the foregoing indemnity obligations, the Vendor shall obtain and maintain
during the term of this Agreement insurance required by the Town, which includes but is not
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limited to statutory workers’ compensation coverage in accordance with applicable law, and in the
form, substance, and the amounts acceptable to the Town. Vendor’s insurance shall name the
“Town of Trophy Club, Texas” as additional insured and Vendor must waive all rights of
subrogation against the Town of Trophy Club for bodily injury (including death), property damage,
or any other loss arising from services performed by Vendor under this Agreement.
3. Gift to Public Servant. Customer may terminate the Agreement immediately if Vendor has
offered, or agreed to confer any benefit upon a Town employee or official that the Town employee
or official is prohibited by law from accepting.
4. Governing Law and Venue. The Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas, without regard to conflict of
law or choice of law principles of Texas, or of any other state or country. The obligations of the
parties to the Agreement shall be performable in Denton County, Texas, and if legal action is
necessary in connection with or to enforce rights under the Agreement, exclusive venue shall lie
in Denton County, Texas.
5. Legal Construction. In case any one or more of the provisions contained in the Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision of the Agreement, and the
Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never
been contained in the Agreement.
6. Counterparts. The Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
7. Captions. The captions to the various clauses of the Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of the Agreement.
8. Texas Public Information Act. Notwithstanding any other provision to the contrary in the
Agreement, all information, documents, and communications relating to the Agreement shall be
subject to the Texas Public Information Act (“Act”) and any opinion of the Texas Attorney General
or a court of competent jurisdiction relating to the Act.
9. Governmental Function(s) and Immunity.
A. Immunity retained. The Customer and Vendor hereby acknowledge and agree that
Customer is entering into the Agreement in the performance of and pursuant to its governmental
functions for the health, safety, and welfare of the citizens of the Town, the general public, and the
State of Texas, and nothing contained in the Agreement shall be construed as constituting a waiver
of the Customer’s governmental immunity from suit or liability, which is expressly reserved to the
fullest extent allowed by law.
B. Limited Waiver of Immunity. Notwithstanding any other provision to the contrary
in the Agreement, the Customer and Vendor hereby acknowledge and agree that to the extent the
Agreement is subject to the provisions of Subchapter I of Chapter 271, Texas Local Gov’t Code,
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as amended, the Customer’s immunity from suit is waived only as set forth in Subchapter I of
Chapter 271, Texas Local Gov’t Code.
C. Rights Retained. The Town expressly reserves its legislative and municipal police
power in accordance with the laws of the state of Texas.
10. Attorney’s Fees. The prevailing party in any litigation brought by any party to this
Agreement against any other party to enforce any provision of this Agreement, or to seek any
remedy or relief pursuant to this Agreement, shall be entitled to collect reasonable and necessary
attorney’s fees and costs of court from the losing party, or parties, jointly and severally.
11. Controlling Document. In the event any term, condition, or provision of this Addendum
conflicts with any term, condition, or provision of the Agreement, the terms, conditions, and
provisions of this Addendum shall supersede and control the terms, conditions, and provisions of
the Agreement.
12. Additional Verifications. To the extent required by Texas law, Vendor verifies that: (1) It
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association, as defined in Texas Government Code § 2274.001, and that it will not during
the term of the contract discriminate against a firearm entity or firearm trade association; (2) It does
not “boycott Israel” as that term is defined in Texas Government Code Ch. 2271 and § 808.001 and
it will not boycott Israel during the term of this Agreement; (3) It does not “boycott energy
companies,” as those terms are defined in Texas Government Code §§ 809.001 and 2274.001, and it
will not boycott energy companies during the term of the Agreement; (4) It does not engage in
scrutinized business operations with Sudan, Iran, or designated foreign terrorist organization as
defined in Texas Government Code, Chapter 2270; and (5) It is not owned by or the majority of
its stock or other ownership interest is held or controlled by i) individuals who are citizens of
China, Iran, North Korea, Russia, or a designated country as defined by Texas Government Code
§ 2275.0101; or ii) a company or other entity, including a governmental entity, that is owned or
controlled by citizens of or is directly controlled by the government of China, Iran, North Korea,
Russia, or a designated country; nor is it headquartered in China, Iran, North Korea, Russia, or a
designated country.
13. Ethics Disclosure. To the extent required by law, Vendor represents that it has completed a
Texas Ethics Commission (the “TEC”) form 1295 (“Form 1295”) generated by the TEC’s electronic
filing application in accordance with the provisions of Texas Gov’t Code Ch. 2252.908 and the rules
promulgated by the TEC. The parties agree that, with the exception of the information identifying the
Town and the contract identification number, the Town is not responsible for the information
contained in the Form 1295. The information contained in the Form 1295 has been provided solely
by Vendor and the Town has not verified such information.
14. Prompt Payment Act. Notwithstanding any other provision of the Agreement, including
Vendor’s payment terms, Customer shall pay Vendor the amounts due in accordance with the
Texas Prompt Payment Act, Texas Gov’t Code Ch. 2251, and Customer shall be entitled to an
offset or proration of service charges if the services are not provided during a scheduled cleaning
day.
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15. Tax Exempt; Annual Appropriations. Customer is tax exempt and shall not be subject to
or pay for any charges for taxes under the Agreement. All payments by the Town under the
Agreement, including any provision in the Agreement relating to penalties, overages, interest,
collections, or any other additional costs, shall be subject to and conditioned upon the annual
appropriation of public funding budgeted for the specific purposes of the Agreement in accordance
with the Town Charter and Texas law. The Town shall make a good faith effort to appropriate
funds in accordance with Texas law; however, in the event funds are not appropriated, the
Agreement shall automatically terminate without regard for any renewal or other notice
requirements in the Agreement.
EXECUTED to be effective the 1st day of February, 2024, by Customer and Vendor.
FORT WORTH CLEANING THE TOWN OF TROPHY CLUB, TEXAS
PROFESSIONALS (“Vendor”): (“Town” or “Customer”):
By: By:
Date: Date:
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Cleaning bid form
Client information Contractor information
Name City of Trophy Club Company MARS Services
Address 1 Trophy Wood Dr Name Kelli Chiessa
City, State ZIP Trophy Club, TX 76262 Address 1663 Hickory Drive
Phone (682) 237-2960 City, State ZIP Haltom City, TX 76116
Email pbrandon@trophyclub.org Phone (817) 697-7733
Project name
Reocurring cleaning service 3x a
week.
Email Scheduling@marsservices.com
Completion date TBD
Scope of work
City Of Trophy Club janitorial scope of work.
Mars services agrees to do janitorial work for the City of Trophy Club town hall, police department and Fire Station (295 Trophy Club
Dr, Trophy Club, TX 76262) three times a week during business hours. Business hours are 08am to 05pm. Basic janitorial services
requested general concepts listed below, detailed check list provided. Mars will supply a basket or cart for technicians to use while on
site which will be stored in a janitorial closet located in each section of the building. City of Trophy Club will provide cleaning supplies
to ensure proper chemicals and supplies are used, these items will be located inside of the janitorial closet. When using any water or
mopping Mars will only dump in mop sinks located inside of the janitorial closets to prevent any damage to the buildings.
Special note at Fire Station Mars will only clean up to the kitchen, Mars will not be cleaning the kitchen or other areas the station is
responsible for.
Price layout
Work with be completed 3 days a week, on either a Monday, Wednesday and Friday roation or a Tuesday, Thursday, and Saturday
rotation. Work will be completed based of the check list provided, with optional services to be added as needed. Mars Services will
invoice per month for the work completed. Invoiced amount without optional services will be $3360.00.
KELLI CHIESSA 6/16/2023
Submitted by Kelli Chiessa Date
Client acceptance
I, ___________________, accept the above scope of work, have reviewed the check list and will give 30 days notice to start work to
MARS Services
Submitted by Authorized signer.Date
JANITORAL
CLEANING
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Cost breakdown
List of materials and costs
Qty.Description Cost Total
700 2x8x10 lumber $6.75 $4,725.00
685 2x4x10 lumber $4.97 $3,404.45
502 Joist brackets $2.49 $1,249.98
335 Box of screws, 2 in $6.67 $2,234.45
250 Box of nails, 10 penny $3.25 $812.50
110 Pair of gloves, leather $7.75 $852.50
310 Laborer charges $100.00 $31,000.00
Subtotal $44,278.88
Tax rate 7.50%
Tax $3,320.92
Grand total $47,599.80
Page 2 of 3
Page 30 of 120
Bid cost summary
Breakdown of materials and costs Notes
Labor charges are $100/hour not including OT
Laborer charges
2x8x10 lumber
2x4x10 lumber
Box of screws, 2 in
Joist brackets
Page 3 of 3
Page 31 of 120
Quote
DATE:August 7, 2023
Quote #2892
CW Janitorial Services
FOR:Office Cleaning
553 Unbridled Ln.Town Of Trophy Club
Keller, TX. 76248 1 Trophy Wood Dr.
Phone: (817) 300-4372 Trophy Club, TX. 76262
AMOUNT
$4,000.00
Deep Cleaning X1 Per Month
Tax 8.25%
Total $4,000.00
.
DESCRIPTION
Office Cleaning
Cleaning Municipal Building and Firestation X3 Per Week
Monthly Exterior Window Cleaning
Carpet Cleaning X2 Per Year (October and March)
If you have any questions concerning this Quote contact Chris Walker,
(817) 300-4372, chris@cwjanitorialservices .com
Page 32 of 120
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 26, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a contract
with EnTech Displays for the rebuild of the purchase and installation of
outdoor LED message boards at the median of the intersection of Trophy Club
Dr and TX 114 frontage road, in front of First Financial Bank, in the not-to-
exceed amount of $32,000. (Matt Cox, Community Development Director)
BACKGROUND/SUMMARY: On September 25, 2023, an automobile accident occurred in the
median of Trophy Club Drive across from First National Bank. The Town of Trophy Club entry
monument sign received extensive damage and was a total loss. This item is for approval of the
LED Message Board. The monument reconstruction is being completed by another contractor
with the amount of that work being under the $25,000 Council-approval threshold amount.
The monument reconstruction amount is estimated at $17,500.
The Town's insurance policy is expected to cover approximately $26,000 of the repair costs. For
the remaining balance, the Town Attorney will pursue subrogation against the individual
responsible for the property damage to recover the costs.
Page 33 of 120
Trophy Club Community Monument Display – Before Accident
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The purchase contract with installation amount for new LED message boards
on both sides of the monument is $31,648.
LEGAL REVIEW: N/A
ATTACHMENTS:
1. EnTech LED Qoute - TC Monument
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to negotiate
and execute a contract with EnTech Displays for the rebuild of the purchase and installation of
outdoor LED message boards at the median of the intersection of Trophy Club Dr and TX 114
frontage road, in front of First Financial Bank, in the not-to-exceed amount of $32,000.
Page 34 of 120
Entech Signs Alpha-LED
Phone: (972) 641-0390
Fax: (972) 606-0072
www.alpha-led.com
Project Name:
Quote No:
Sales Rep:
Created: Revised:
QTY Product Price Net Price
Entech Signs • 1905 W Arbor Rose Dr. • Grand Prairie • TX • 75050
Acceptance
Commercial Quote (Page 1 of 2)
Total
Subtotal
Tax
Contact Info Bill To Ship To
Entech Signs
Signed: Date:
Signed: Date:
Valid:
Payment Terms:
Page 35 of 120
Entech Signs Alpha-LED
Phone: (972) 641-0390
Fax: (972) 606-0072
www.alpha-led.com
Project Name:
Quote No:
Sales Rep:
Created: Revised:
Entech Signs • 1905 W Arbor Rose Dr. • Grand Prairie • TX • 75050
Acceptance
Commercial Quote (Page 2 of 2)
Terms and Conditions / Warranty
Entech Signs
Signed: Date:
Signed: Date:
This contract contains all of the terms of the agreement between the Buyer and Seller and any oral agreements or understandings not otherwise contained herein are invalid and unenforceable. This
contract shall be deemed entered into and performed in the State of Texas and Buyer consents to the jurisdiction of the State of Texas for purposes of enforcement of the terms hereof. The courts of Dallas
County, Texas will have exclusive jurisdiction and venue over any disputes arising from any sale by Entech and Customer and Buyer consent to personal jurisdiction of the federal and state courts located in
Dallas County, Texas. If legal action is brought by Entech Signs from the collection of any amount owed or due to any other dispute, the prevailing party will be entitled to recover its reasonable attorneys’
fees and cost incurred. These terms constitute the entire agreement between Entech and customer, regardless of any additional or conflicting terms on customer’s purchase order or other documentation,
which are objected to, or any prior discussions or usage of trade. All sales by Entech Signs are made only on the terms and conditions contained herein.
Valid:
Payment Terms:
Terms
• This is a non-cancelable contract and cannot be terminated or cancelled except as expressly provided herein.
• All measurements listed are approximate
• Payment is due in full prior to shipment unless otherwise specified in quote
• Other Options are American Express, MasterCard, Visa, C.O.D., or prepaid orders. Shipping is F.O.B. Origin
• Entech is not responsible for delays due to causes beyond its control and reserves the right to make partial shipments
• When the equipment is completed, Entech Alpha LLC (here after referred to as Entech Signs) will notify the Customer of such. If the customer cannot or
will not accept delivery and/or Installation of the sign within fifteen (15) days from the date of notice of completion, Entech Signs shall still be entitled to
invoice and receive payment for the balance due and owing to Entech Signs pursuant to this Agreement
• Customer grants to Entech Signs permission to reproduce copies of renderings, licenses, photographs and videotapes of the Cutomer’s displays for use
in, but not limited to Entech Signs portfolios, brochures, videotapes or other Entech Advertising
Pricing
Entech Signs Reserves the right to change prices without prior notification. Prices do not include insurance, shipping, handling or taxes and Entech Signs
reserves the right to arrange for insurance on all orders
Installation (If Quoted)
The customer is responsible for supplying compatible power for the sign. The customer authorizes Entech, its agents, servants and employees to erect or
attach a display or displays and electrical equipment and necessary structures on the building or property specified in the agreement. The customer
agrees to defend, indemnify and hold harmless Entech, its agents, servants or employees from any charge, claim or cause of action for damages arising
out of said attachment or erection whether or not Entech, its agents, servants or employees have acted in a negligent for unworkmanlike manner. Entech
shall not be liable for delay due to causes beyond its reasonable control, such as, but not limited to, acts of God, vandalism, accidents, acts of circum-
stances of the Customer, acts of civil or military authorities, fires, strikes, floods, riots, delays in transportation, and liability due to causes beyond its
reasonable control to obtain the necessary labor, materials or paint facilities.
Warranty
Per warranty period stated from the date of shipment, Entech Signs warrants each sign or display to be free from defects in materials and workmanship.
As customer’s sole and exclusive remedy, Entech Signs will repair, replace, or at Entech’s option, refund the purchase price of any unit under the terms of
this warranty provided the unit is returned to the point of original shipment prepaid. This warranty does not apply if the unit has been damaged by
accident, misuse, or incorrect installation, or has been modified in any way. This warranty applied only to the original purchaser and is in lieu of all other
warranties, whether expressed or implied. In no event is Entech Signs liable for damages, including consequential damages, beyond the original
replacement value of the sign or display. There are no warranties which extend beyond the description on the face hereof. Entech Signs hereby excludes
all implied warranties of merchantability, fitness for particular purpose, noninfringement or any other warranty other than that above written. Any phone
and software support services are conditioned on and are subject to payment in full of any and all sums due by Buyer under this contract whether to
Buyer or to Third Party end user of the products sold hereunder.
30 Day Return Policy
• No returns will be accepted without prior written authorization from Entech Signs. Incorrect merchandise received will receive prompt re-shipment of
correct items
• Merchandise that cannot be used may be returned at a 35% restocking charge if items are shipped prepaid in the original boxes
• Incorrect merchandise, other than custom items, may be returned, shipped prepaid, and will be exchanged on an equivalent basis
• Non-returnable items include: custom items, multi-line indoor signs, all clocks and outdoor signs
• Carrier is responsible for parts damaged in shipment. The customer should have driver sign for damaged carton on delivery receipt and make a claim
with the freight company. Please insist that the carrier’s representative conduct an inspection, and retain all packing materials for the inspector. Please
report promptly for immediate follow-up on short shipments
• No action arising from any sale by Entech Signs may be brought by a customer more than 30 days after the date of shipment
Page 36 of 120
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 26, 2024
FROM: Patrick Arata, Chief of Police
AGENDA ITEM: Consider accepting the Trophy Club Police Department's 2023 Racial Profiling
Report. (Patrick Arata, Police Chief)
BACKGROUND/SUMMARY: In compliance with State law, the Trophy Club Police Department
commissions an annual Racial Profiling Report conducted at the end of each calendar year. The
2023 Report was prepared and filed with the State of Texas by Del Carman Consulting. In 2023,
the Trophy Club Police Department collected and reported traffic and motor vehicle related
contact data for the purpose of identifying and addressing (if necessary) areas of concern
regarding racial profiling practices. The Sandra Bland Law requires that law enforcement
agencies in Texas collect additional data and provide more detailed analysis, which has been
met by the Trophy Club Police Department (TCPD).
The 2023 Racial Profiling Report includes three sections demonstrating TCPD's compliance with
State law. The first section includes information on motor vehicle-related contacts. The second
section documents compliance with the Texas Racial Profiling Law. Section three contains
statistical data for motor vehicle stops conducted between January 1, 2023 and December 31,
2023. The Summary of Findings section on page 26 states, "The comprehensive data analysis
performed serves as evidence 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 will not be tolerated."
The TCPD conducted 5,312 total motor-vehicle stops in 2023, and detailed information
collected from those stops is available in the report, which is also available on the Town's
website.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. Racial Profiling 2023 Presentation
Page 37 of 120
2. Trophy Club 2023 Racial Profiling Report
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to accept the Trophy Club Police Department's
2023 Racial Profiling Report.
Page 38 of 120
Trophy Club Police Department
2023 Racial Profiling Report
DEL CARMEN Consulting
Law Enforcement Experts
Page 39 of 120
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
Page 40 of 120
Report of Compliments and Racial Profiling
Complaints
1 Complaint
Unfounded
Page 41 of 120
Total Stops 5,312
City Street 5,282
US Highway 1
State Highway 1
County Road 7
Private Property 21
Citation Total: 2,103
Alaska Native/American Indian 47
Asian/Pacific Islander 102
Black 262
White 1,295
Hispanic/Latino 397
Data
Page 42 of 120
Race/ Ethnicity All
Contacts
Citations Verbal
Warning
Written
Warning
Contact
Percent
Citation Percent Verbal
Percent
Written
Percent
Alaska
Native/American
Indian
108 47 0 61 2%2%0%2%
Asian/Pacific
Islander
280 102 4 174 5%5%12%5%
Black 573 264 2 307 11%13%6%10%
White 3,652 1,299 23 2,328 69%62%70%74%
Hispanic/Latino 699 397 4 297 13%19%12%9%
Total 5312 2109 33 3167 100%100%100%100%
Motor Vehicle-Related Contacts
Page 43 of 120
The comprehensive data analysis performed serves as evidence
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 will not be tolerated.
Page 44 of 120
Questions
Page 45 of 120
social media | email | website
Page 46 of 120
TROPHY CLUB
POLICE DEPARTMENT
Page 47 of 120
1
"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 Geneva Reed (Mother of Sandra Bland)
Page 48 of 120
January 31, 2024
Trophy Club City Council
1 Trophy Wood Dr.
Trophy Club, TX 76262
In this report, you will find three sections with information on motor vehicle-related contacts. In addition,
when appropriate, documentation is included which demonstrates the manner in which the Trophy Club
Police Department has complied with the Texas Racial Profiling Law. In section one, you will find the table of
contents. Section two documents compliance by the Trophy Club Police Department relevant to the
requirements established in the Texas Racial Profiling Law. That is, you will find documents relevant to the
training of all police personnel on racial profiling prevention and the institutionalization of the compliment
and complaint processes, as required by law.
Finally, section three contains statistical data relevant to contacts (as defined by the law) which were made
during the course of motor vehicle stops that took place between 1/1/23 and 12/31/23. Further, this section
contains the Tier 2 form, which is required to be submitted to this particular organization and the law
enforcement agency?s local governing authority by March 1 of each year. The data in this report has been
analyzed and compared to information derived from the U.S. Census Bureau?s Fair Roads Standard. The
final analysis and recommendations are also included in this report.
In the last section of the report, you will find the original draft of the Texas Racial Profiling Law, SB1074, as
well as the Sandra Bland Act (current law). 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. The findings in
this report support the Trophy Club Police Department?s commitment to comply with the Texas Racial
Profiling Law.
Sincerely,
Alex del Carmen, Ph.D.
2
Dear Distinguished Members of the City Council,
In 2001 the Texas Legislature, with the intent of addressing the issue
of racial profiling in policing, enacted the Texas Racial Profiling Law.
During the last calendar year, the Trophy Club Police Department, in
accordance with the law, has collected and reported traffic and 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.
Further, 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 currently 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.
Page 49 of 120
3
Table of Contents
Introduction
2 Letter to Council Members
3 Table of Contents
Responding to the Law
4 Public Education on Filing Compliments and Complaints
5 Racial Profiling Course Number 3256
11 Reports on Compliments and Racial Profiling Complaints
13 Tier 2 Data (Includes tables)
Analysis and Interpretation of Data
23 Tier 2 Motor Vehicle-Related Contact Analysis
24 Comparative Analysis
26 Summary of Findings
27 Checklist
Legislative and Administrative Addendum
29 TCOLE Guidelines
34 The Texas Law on Racial Profiling
41 Modifications to the Original Law
49 Racial and Ethnic Designations
50 The Sandra Bland Act
51 Trophy Club Police Department Racial Profiling Policy
65
Page 50 of 120
Public Education on Responding to
Compliments and Complaints
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.
4
Page 51 of 120
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 Course 3256
Texas Commission on Law Enforcement
September 2001
5
Page 52 of 120
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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
1. 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
5. Facts supporting probable cause
6. Arrest
7. Warning or citation issued
G. Compilation and analysis of data
H.Exemption from reporting ? audio/video
equipment
I. 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
6
Page 53 of 120
7
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)
Page 54 of 120
8
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.
Page 55 of 120
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.)
9
Page 56 of 120
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://tlo2.tlc.state.tx.us/tlo/77r/billtext/SB01074F.htm
10
Page 57 of 120
11
Report on Compliments and
Racial Profiling Complaints
Page 58 of 120
-Quote Author
Report on Complaints
The following table contains data regarding officers that have been the subject of a complaint, during
the time period of 1/1/23-12/31/23 based on allegations outlining possible violations related to the
Texas Racial Profiling Law. The final disposition of the case is also included.
A check above indicates that the Trophy Club Police Department has not received any complaints, on
any members of its police services, for having violated the Texas Racial Profiling Law during the time
period of 1/1/23-12/31/23.
Complaints Filed for Possible Violations of The Texas Racial Profiling Law
Complaint Number Alleged Violation Disposition of the Case
1 Racial Profiling Unfounded
Additional Comments:
12
Page 59 of 120
Title Goes H er e
555-555-5555
1234 5th Ave. NYC, NY 00000
13
Male Total: 3,294TOTAL STOPS: 5,312
RACE OR ETHNICITY
Alaska Native/American Indian 108
Asian/Pacific Islander 280
Black 573
White 3,652
Hispanic/Latino 699
WAS RACE OR ETHNICITY KNOWN PRIOR
TO STOP?
Yes 88
No 5,224
STREET ADDRESS OR APPROXIMATE
LOCATION OF STOP.
City Street 5,282
US Highway 1
State Highway 1
County Road 7
Private Property 21
GENDER
Female Total: 2,018
Alaska Native/American Indian 25
Asian/Pacific Islander 121
Black 209
White 1,466
Hispanic/Latino 197
Alaska Native/American Indian 83
Asian/Pacific Islander 159
Black 364
White 2,186
Hispanic/Latino 502
REASON FOR STOP?
Violation of Law Total: 171
Alaska Native/American Indian 2
Asian/Pacific Islander 5
Black 16
White 109
Hispanic/Latino 39
Pre-existing Knowledge Total: 13
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 4
White 9
Hispanic/Latino 0
Moving Traffic Violation Total: 3,754
Alaska Native/American Indian 82
Asian/Pacific Islander 232
Black 385
White 2,572
Hispanic/Latino 483
Tables Illustrating Motor Vehicle-Related Contacts
TIER 2 DATA
Page 60 of 120
14
Vehicle Traffic Violation Total: 1,374
Alaska Native/American Indian 24
Asian/Pacific Islander 43
Black 168
White 962
Hispanic/Latino 177
WAS SEARCH CONDUCTED?
REASON FOR SEARCH?
Consent Total: 2
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 2
Hispanic/Latino 0
Contraband (in plain view) Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Probable Cause Total: 49
Alaska Native/American Indian 0
Asian/Pacific Islander 1
Black 17
White 22
Hispanic/Latino 9
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 3
Hispanic/Latino 0
Incident to Arrest Total : 1
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 1
Hispanic/Latino 0
YES NO
Alaska Native/American Indian 0 108
Asian/Pacific Islander 1 279
Black 17 556
White 28 3,624
Hispanic/Latino 9 690
TOTAL 55 5,257
Inventory Total: 3
TIER 2 DATA
Page 61 of 120
WAS CONTRABAND DISCOVERED?
Did the finding result in arrest?
YES NO
Alaska Native/American Indian 0 0
Asian/Pacific Islander 0 1
Black 0 16
White 1 22
Hispanic/Latino 0 7
TOTAL 1 46
DESCRIPTION OF CONTRABAND
Drugs Total: 40
Alaska Native/American Indian 0
Asian/Pacific Islander 1
Black 13
White 19
Hispanic/Latino 7
Currency Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Weapons Total: 2
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 2
White 0
Hispanic/Latino 0
Alcohol Total: 9
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 1
White 8
Hispanic/Latino 0
YES NO
Alaska Native/American Indian 0 0
Asian/Pacific Islander 1 0
Black 16 1
White 23 5
Hispanic/Latino 7 2
TOTAL 47 8
15
TIER 2 DATA
Page 62 of 120
Stolen Property Total: 1
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 1
Other Total: 9
Alaska Native/American Indian 0
Asian/Pacific Islander 1
Black 3
White 5
Hispanic/Latino 0
RESULT OF THE STOP
Verbal Warning Total: 33
Alaska Native/American Indian 0
Asian/Pacific Islander 4
Black 2
White 23
Hispanic/Latino 4
Written Warning Total: 3,167
Alaska Native/American Indian 61
Asian/Pacific Islander 174
Black 307
White 2,328
Hispanic/Latino 297
Citation Total: 2,103
Alaska Native/American Indian 47
Asian/Pacific Islander 102
Black 262
White 1,295
Hispanic/Latino 397
Written Warning and Arrest Total: 2
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 2
Hispanic/Latino 0
Citation and Arrest Total: 6
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 2
White 4
Hispanic/Latino 0
Arrest Total: 1
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 1
16
TIER 2 DATA
Page 63 of 120
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 2
White 5
Hispanic/Latino 0
Violation of Penal Code Total: 7
ARREST BASED ON
Violation of Traffic Law Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
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: 2
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 1
Hispanic/Latino 1
Was physical force used resulting in bodily
injury during the stop?
YES NO
Alaska Native/American Indian 0 108
Asian/Pacific Islander 0 280
Black 0 573
White 0 3,652
Hispanic/Latino 0 699
TOTAL 0 5,312
17
TIER 2 DATA
Page 64 of 120
18
Table 1. Citations and Warnings
Race/ Ethnicity All
Contacts
Citations Verbal
Warning
Written
Warning
Contact
Percent
Citation
Percent
Verbal
Percent
Written
Percent
Alaska Native/
American Indian
108 47 0 61 2%2%0%2%
Asian/ Pacific
Islander
280 102 4 174 5%5%12%5%
Black 573 264 2 307 11%13%6%10%
White 3,652 1,299 23 2,328 69%62%70%74%
Hispanic/ Latino 699 397 4 297 13%19%12%9%
TOTAL 5,312 2,109 33 3,167 100%100%100%100%
18
Tables Illustrating Motor Vehicle
Related Contact Data
Page 65 of 120
Race/Ethnicity Contact Percentage Households with Vehicle Access
Alaska Native/American Indian 2%0%
Asian/Pacific Islander 5%5%
Black 11%14%
White 69%60%
Hispanic/Latino 13%19%
TOTAL 100%98%
Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison
Comparison of motor vehicle-related contacts with households that have vehicle access.
Table 3. Motor Vehicle Searches and Arrests.
Race/Ethnicity Searches Consent Searches Arrests
Alaska Native/American Indian 0 0 0
Asian/Pacific Islander 1 0 0
Black 17 0 2
White 28 2 6
Hispanic/Latino 9 0 1
TOTAL 55 2 9
19
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Table 4. Instances Where Peace Officers Used Physical Force Resulting in Bodily Injury
Instances Where Peace
Officers Used Physical Force
that Resulted in Bodily Injury
Arrest Location of Stop Reason for Stop
Table 5. Search Data
Race/
Ethnicity
Searches Contraband
Found Yes
Contraband
Found No
Arrests Percent
Searches
Percent
Contraband
Found
Percent No
Contraband
Percent
Arrest
Alaska
Native/
American
Indian
0 0 0 0 0%0%0%0%
Asian/
Pacific
Islander
1 1 0 0 2%2%0%0%
Black 17 16 1 2 31%34%13%22%
White 28 23 5 6 51%49%63%67%
Hispanic/
Latino
9 7 2 1 16%15%25%11%
TOTAL 55 47 8 9 100%100%100%100%
20
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Table 6. Report on Audits.
The following table contains data regarding the number and outcome of required data audits
during the period of 1/1/23-12/31/23.
Audit
Data
Number of Data
Audits Completed
Date of Completion Outcome of Audit
1 1 03/01/23 Data was valid and reliable
2 1 06/01/23 Data was valid and reliable
3 1 09/01/23 Data was valid and reliable
4 1 12/01/23 Data was valid and reliable
ADDITIONAL COMMENTS:
Race/Ethnicity Number Percent
Alaska Native/American Indian 0 0%
Asian/Pacific Islander 0 0%
Black 0 0%
White 0 0%
Hispanic/Latino 0 0%
TOTAL 0 0%
Table 7. Instance Where Force Resulted in Bodily Injury.
21
Page 68 of 120
Table 9. Contraband Hit Rate
Table 8. Reason for Arrests from Vehicle Contact
Race/ Ethnicity Violation
of Penal
Code
Violation
of Traffic
Law
Violation
of City
Ordinance
Outstanding
Warrant
Percent
Penal
Code
Percent
Traffic
Law
Percent
City
Ordinance
Percent
Warrant
Alaska Native/
American Indian
0 0 0 0 0%0%0%0%
Asian/ Pacific
Islander
0 0 0 0 0%0%0%0%
Black 2 0 0 0 29%0%0%0%
White 5 0 0 1 71%0%0%50%
Hispanic/ Latino 0 0 0 1 0%0%0%50%
TOTAL 7 0 0 2 100%0%0%100%
Race/ Ethnicity Searches Contraband
Found Yes
Contraband
Hit Rate
Search
Percent
Contraband
Percent
Alaska Native/ American Indian 0 0 0%0%0%
Asian/ Pacific Islander 1 1 100%2%2%
Black 17 16 94%31%34%
White 28 23 82%51%49%
Hispanic/Latino 9 7 78%16%15%
22
Page 69 of 120
In 2001, the Texas Legislature passed Senate Bill 1074, which eventually 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 1 of each year. This law remained in place until 2009, when
it was modified to include the collection and reporting of all motor vehicle-related contacts in
which a citation was issued or an arrest was made. Further, the modification to the law further
requires that all police officers indicate whether or not they knew the race or ethnicity of the
individuals before detaining them. In addition, it became a requirement that agencies report
motor vehicle-related data to their local governing authority and to the Texas Commission on
Law Enforcement (TCOLE) by March 1 of each year. The purpose in collecting and disclosing this
information is to determine if police officers in any particular municipality are engaging in the
practice of racially profiling minority motorists.
One of the central requirements of the law is that police departments interpret motor
vehicle-related data. Even though most researchers would likely agree 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 in fact 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 previously noted, 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, 2010. The
changes included, but are not limited to, the re-definition of a contact to include motor
vehicle-related contacts in which a citation was issued or an arrest was made. In addition, it
required police officers to indicate if they knew the race or ethnicity of the individual before
detaining them. The 2009 law also required adding "Middle Eastern" to the racial and ethnic
category and submitting the annual data report to TCOLE before March 1 of each year.
23
Analysis and Interpretation of Data
Page 70 of 120
In 2017, the Texas Legislators passed HB 3051 which removed the Middle Eastern data requirement
while standardizing the racial and ethnic categories relevant to the individuals that came in contact
with police. In addition, the Sandra Bland Act (SB 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.
As part of their effort to comply with The Texas Racial Profiling/Sandra Bland Law, the Trophy Club
Police Department commissioned the analysis of its 2023 contact data. Hence, two different types of
data analyses were performed. The first of these involved a careful evaluation of the 2023 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), who came in contact with police in the course of a motor vehicle-related contact and were
either issued a ticket, citation, or warning or an arrest was made. Also included in this data were
instances when 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.
The analysis on the data performed in this report, was based on a comparison of the 2023 motor
vehicle contact data with a specific baseline. When reading 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 accepted our recommendation to rely, as a baseline measure, on the
Fair Roads Standard. This particular baseline is established on data obtained through the U.S. Census
Bureau (2020) relevant to the number of households that have access to vehicles while controlling for
the race and ethnicity of the heads of households.
24
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It should be noted that the 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 whether they are 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 2023 but live outside city limits. In some jurisdictions 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.
In 2002, some civil rights groups in Texas expressed their concern 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). In essence this constitutes a comparison that may result in
ecological fallacy. Despite this risk, as noted earlier, 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 (2023) Motor Vehicle-Related Contact Analysis
When examining the enhanced and more detailed Tier 2 data collected in 2023, it was evident that
most motor vehicle-related contacts were made with Whites, followed by Hispanics. Of those who
came in contact with police, most tickets or citations were issued to Whites and Hispanics; this was
followed by Blacks. However, in terms of written warnings, most of these were issued to Whites,
followed by Blacks.
While reviewing 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 also
of Whites. Overall, most searches resulted in contraband; of those that produced contraband, most
were of Whites; this was followed by Blacks. Of the searches that did not produce contraband, most
were of Whites. Most arrests were made of Whites. Most of the arrests that originated from a violation
of the penal code involved Whites. Overall, the police department does not report any instances
where force was used that resulted in bodily injury.
Comparative Analysis
A comprehensive analysis of the motor vehicle contacts made in 2023 to the census data relevant to
the number of ?households? in DFW who indicated in the 2020 census that they had access to
vehicles, produced interesting findings. Specifically, the percentage of Blacks, Hispanics, and Asians
who came in contact with police was the same or lower than the percentage of Black, Hispanic, and
Asian households in DFW that claimed in the last census to have access to vehicles. The opposite was
true of Whites and American Indians. That is, a higher percentage of Whites and American Indians
came in contact with police than the percentage of White and American Indian households in DFW
that claimed in the last census to have access to vehicles. It should be noted that the percentage
difference among American Indian contacts with households is of less than 3%; thus, deemed by
some as statistically insignificant.
25
Page 72 of 120
The comprehensive analysis of the searches resulting in contraband shows that the most significant
contraband hit rate is of Asians. This was followed by Blacks and Whites. This means that among all
searches performed in 2023, the most significant percentage of these that resulted in contraband was
among Asians. The lowest contraband hit rate was among Hispanics.
Summary of Findings
As referenced earlier, the most recent Texas Racial Profiling Law requires that police departments
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 audit
performed reveals 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 produced as a result of 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 the upcoming year.
2) Commission data audits in 2024 in order to assess data integrity; that is, to ensure that the
data collected is consistent with the data being reported.
The comprehensive data analysis performed serves as evidence 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 will not be tolerated.
26
Page 73 of 120
Checklist
The following requirements were met by the Trophy Club Police Department in
accordance with The Texas Racial Profiling Law:
I mplement a Racial Profiling Policy citing act or actions that constitute racial
profiling.
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.
Implement a process by which an individual may file a complaint regarding
racial profiling violations.
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).
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.
Produce an annual report on police contacts (Tier 2) and present this to the
local governing body and TCOLE by March 1, 2024.
Adopt a policy, if video/audio equipment is installed, on standards for
reviewing video and audio documentation.
27
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Legislative & Administrative
Addendum
28
Page 75 of 120
29
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.”
Page 76 of 120
30
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.
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31
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
Page 78 of 120
32
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.
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33
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.
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34
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.
(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 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
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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 subject 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).
(2) "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;
(5) 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
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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
a peace 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.
(f) 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.
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(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 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 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.
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SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as
follows:
(j) 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.
(b) 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;
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(6) whether a search of the vehicle was conducted and whether consent for the search
was obtained;
(7) the plea, the judgment, and whether bail was forfeited;
(8) [(7)] the date of conviction; and
(9) [(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
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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.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor
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Modifications to the Original Law
(H.B. 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[traffic] 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.
(3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic,
Asian, [or] 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 [traffic] stops in which a citation is
issued and to arrests made as a result of [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 individual [person] 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 [to the governing body of each county or
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42
municipality served by the agency] 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 [traffic] stops and transmitter
activated equipment in each agency law enforcement motorcycle regularly used to make motor
vehicle [traffic] 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 [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).
(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 PEDESTRIAN] STOPS. (a) In
this article, "race[:
[(1) "Race] or ethnicity" has the meaning assigned by Article 2.132(a).
[(2) "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 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 [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 or other evidence was discovered in the course of the search and a
description [the type] of the contraband or evidence [discovered];
(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
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(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 [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 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[, including a
description of the warning or a statement of the violation charged].
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) [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].
(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 [local] law
enforcement agency shall submit a report containing the incident-based data [information]
compiled during the previous calendar year to the Commission on Law Enforcement Officer
Standards and Education and, if the law enforcement agency is a local law enforcement agency,
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 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 [determine the prevalence of racial profiling by peace officers
employed by the agency]; and
(B) examine the disposition of motor vehicle [traffic and pedestrian] 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 [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, in accordance with
Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting
information as required by this article.
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(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, regardless 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 [traffic and pedestrian] stops is equipped with video camera and
transmitter-activated equipment and each law enforcement motorcycle regularly used to make
motor vehicle [traffic and pedestrian] stops is equipped with transmitter-activated equipment;
and
(B) each motor vehicle [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 motor vehicle [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 motor vehicle
[traffic or pedestrian] 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
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data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each
violation.
(c) Money 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.
(i) Funds collected under this article are subject 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;
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(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 [$5]; [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 102.061, 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 [$5]; [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;
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(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; [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.
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 chapter;
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(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.
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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;
(B) [of a particular descent, including Caucasian, African, Hispanic,] Asian or Pacific Islander;
(C) black;
(D) white; and
(E) Hispanic or Latino [, Native American, or Middle Eastern 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) [of a particular descent, including Caucasian, African, Hispanic,] Asian or Pacific Islander;
(3) black;
(4) white; and
(5) Hispanic or Latino [, or Native American descent].
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
I 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
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The Sandra Bland Act
(S.B. 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
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(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 46B; 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 COLLABORATIVES. (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
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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 COUNTY JAIL. (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
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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
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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,
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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
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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
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TROPHY CLUB
POLICE DEPARTMENT
RACIAL PROFILING POLICY
Page 112 of 120
Policy Trophy Club Police Department
333 Policy Ma nual
RACIAL PROFILING / 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 proh i bited 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 profil ing pertains to persons who are viewed as suspects or potential
suspect of criminal behavior. The term is not relevant as it perta ins 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
ut ilized 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 complain t" 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 :
1. A= Asian
2. B = Black
3. C = Caucasian
4. H = Hispanic
5. M = Middle Eastern
6. NA = Native American/American Indian
7. 0 = 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 v iolation/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?
U) Whether a search was conducted because probable cause existed.
(k) Whether contraband was found ; and , if so , what was the contraband?
(I} 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.
4. 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 moto r 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 aud io recording equ ipment.
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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
un its with malfunct ioning or inoperable mob ile video camera equipment shall not be
ut ilized under normal circumstances.
D. Supervisors shall have the authority to assign units with malfunction ing 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 interv iew forms , traffic
citations and warning tickets.
1. A phys ical description of any person operating the motor vehicle , 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 ev idence 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
v iolation 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 locat ion of the stop .
(i) Whether the officer issued a citation or a written warning as a result of the
stop .
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U) 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 filed 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 :
1. 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 ann iversary 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.
Copyright Lexi pol , LLC 2021/12/06, A ll Rig hts Reserved.
Published wi th perm ission by Troph y Clu b Police De partm ent
RACIAL PROFILING / BIAS BASED
PROFILING -6 Page 118 of 120
Trophy Club Police Department
Policy Manual
RACIAL PROFILING I BIAS BASED PROFILING
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).
Copyright Lexipo l, LLC 2021/12/06 , All Rights Reserved.
Pu blished with perm ission by Trophy Club Pol ice Department
RACIAL PROFILING/ BIAS BASED
PROFILING - 7 Page 119 of 120
Copyright 2023 Del Carmen Consulting
All Rights Reserved.
Copyright: This report may not be altered or reproduced outside the agreed terms, in any
manner whatsoever without the written permission of the author.
For additional questions regarding the information presented in this report, please contact:
Del Carmen Consulting
817.681.7840
www.texasracialprofiling.com
www.delcarmenconsulting.com
Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting , 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
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Page 120 of 120