ORD 2025-06 Background Checks Board and Commission Applicants TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE 1.03,
"TOWN COUNCIL", BY REPEALING DIVISION 2, "MEETINGS AND
RULES OF PROCEDURE" IN ITS ENTIRETY AND BY AMENDING
ARTICLE 1.04, "BOARDS, COMMISSIONS AND COMMITTEES",
DIVISION 1 "GENERALLY" BY ADDING A NEW SECTION 1.04.011
"BACKGROUND CHECKS OF BOARDS AND COMMISSIONS
APPLICANTS", OF THE CODE OF ORDINANCES, TOWN OF
TROPHY CLUB, TEXAS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a home rule
municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 3.11 of the Town Charter grants the Town Council of the
Town (the "Town Council") the authority to determine its own rules of procedure; and
WHEREAS, the Town Council previously adopted Ordinance No. 2021-10
creating Article 1 .03, Division 2 "Meetings and Rules of Procedure" of the Code of
Ordinance, Town of Trophy Club, Texas, establishing rules of procedure for its
meetings, which was subsequently amended by Ordinance No. 2023-11 ; and
WHEREAS, the Town Council now desires to repeal Article 1 .03, Division 2
"Meetings and Rules of Procedure" of the Code of Ordinances, Town of Trophy Club,
Texas, in its entirety to streamline and update the Town Council's rules of procedure in
accordance with Section 3.11 of the Town Charter; and
WHEREAS, the Town Council now desires to amend Article 1 .04 "Boards,
Commissions and Committees", Division 1 "Generally" of the Code of Ordinances, Town
of Trophy Club, Texas, by adding a new Section 1.04.011 "Background Checks of
Board and Commission Applicants"; and
WHEREAS, the Town Council finds it necessary and in the public interest to
require all applicants for Town boards, commissions, and committees to consent to
background checks at the time applications are submitted to the Town for consideration;
and
WHEREAS, the Town finds it in the best interest of the Town and its residents to
establish the Town Council rules of procedure by resolution to allow for greater flexibility
and efficiency in governance.
ORDINANCE NO. 2025-06 PAGE 2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
The above and foregoing premises and findings are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
The Code of Ordinances, Town of Trophy Club, Texas, Chapter 1 "General
Provisions", Article 1.03 "Town Council", Division 2 "Meetings and Rules of Procedure",
which includes only Sections 1.03.031 through 1.03.039, is hereby repealed in its
entirety.
SECTION 3.
The Code of Ordinances, Town of Trophy Club, Texas, Chapter 1 "General
Provisions", Article 1.04 "Boards, Commissions and Committees", Division 1 "Generally"
is hereby amended to add a new Section 1.04.011 "Background Checks of Board and
Commission Applicants" to read as follows:
"§ 1.04.011 Background Checks of Board and Commission Applicants.
(a) Any person submitting an application for appointment to a position on any board,
commission, or committee to which the town council has the final authority to
make such appointment shall consent to a background check prior to
consideration of the person's application.
(b) Failure to consent to a background check as required by this section shall be
grounds for disqualification for consideration for appointment by the town council.
(c) The town may cause a background check to be conducted on each applicant for
appointment to a position described in subsection (a) of this section. If upon
review of a background check, an applicant is found to have been convicted, or
pled nolo contendere or no contest, to any felony, or any Class A or Class B
misdemeanor charge within the last ten (10) years, then the applicant shall be
disqualified for consideration for appointment by the town council. If upon review
of a background check, an applicant is found to be currently under indictment or
subject to an existing Class A or Class B misdemeanor charge, then the town
may consider whether the nature of the indictment or charge conflicts with the
duties of the position for which the person is being considered by evaluating any
of the following factors:
ORDINANCE NO. 2025-06 PAGE 3
(1) The nature of the alleged offense;
(2) The age of the applicant at the time of the alleged offense and the amount
of time that has elapsed;
(3) The nature and responsibilities of the position sought;
(4) The effect of the alleged conduct on the overall environment;
(5) Indications of rehabilitation or a lack of rehabilitation;
(6) Potential liability to the town; and
(7) Any additional information provided by the applicant.
SECTION 4.
CUMULATIVE
This Ordinance shall be cumulative of all provisions of ordinances of the Town,
except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 5.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this Ordinance, since the same would have
been enacted by the Town Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all
violations of the ordinances of the Town that have accrued at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall
not be affected by this Ordinance, but may be prosecuted until final disposition by the
courts.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
ORDINANCE NO. 2025-06 PAGE 4
DULY PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 13th day of January 2025.
Jeann tte i ayor
ATTEST:
O ROA,S,C�
Tammy Dixon, To n Se etary clo
APPROVED AS TO FORM: JA <*
"S./ARy1,N°b
Dean , pwn Attorney