02.10.2025 TC Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
February 10, 2025 6:00 PM Council Chambers
CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM
WORK SESSION ITEM
1. Discussion regarding the Town Council Appointments Committee. (Brandon Wright, Town
Manager & Tammy Dixon, Town Secretary)
ADJOURN WORK SESSION
CALL REGULAR MEETING TO ORDER (immediately following Work Session or 7:00
p.m., whichever is later)
INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes
PLEDGES led by Council Member
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 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 three (3)
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
2. Recognition of Former Council Member LuAnne Oldham
3. Proclamation - Random Acts of Kindness Month
4. Working for You... Trophy Club
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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.
5. Consider approval of the January 13, 2025, Town Council regular meeting minutes;
January 23, 2025, and January 24, 2025, Town Council Retreat meeting minutes.
(Tammy Dixon, Town Secretary)
6. Consider a resolution appointing Greg Fox to the Economic Development Corporation
Board. (Tammy Dixon, Town Secretary)
7. Consider authorizing the Town Manager to negotiate and execute a mowing contract with
TLC Landscapes for a total annual amount not to exceed $35,000 with four 1-year
renewal options with up to 5% annual increases. (Matt Cox, Director of Community
Development)
8. Consider an ordinance amending subsection (i), Annual Capital Improvement and
Maintenance Charge, of Section A1.014, Water and Wastewater Fees for Public
Improvement District No.1, within Appendix A, Fee Schedule, of the Trophy Club Code of
Ordinances, to adopt a monthly surcharge for PID residents. (April Duvall, Director of
Finance)
9. Consider accepting the Third Quarter Investment Report for Fiscal Year 2024. (April
Duvall, Director of Finance)
10. Consider accepting the Fourth Quarter Investment Report for Fiscal Year 2024. (April
Duvall, Director of Finance)
INDIVIDUAL ITEMS
11. Consider accepting the Trophy Club Police Department's 2024 Racial Profiling Report.
(Patrick Arata, Police Chief)
12. Consider designating one Council Member to serve on the Town Council Appointments
Committee tasked with making recommendations to the full Council regarding
appointments to all Boards, Commissions, and Corporations. (Tammy Dixon, Town
Secretary).
ADJOURN
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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 5, 2025, at 12:15 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.
Page 3 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
AGENDA ITEM: Discussion regarding the Town Council Appointments Committee. (Brandon
Wright, Town Manager & Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: During the November Work Session, the Town Council discussed
alternative methods for managing board and commission appointments, including the current
subcommittee process and options for increased council involvement. At that time, the Council
reached a consensus to retain the current subcommittee process in the updated Rules of
Procedure Manual but agreed to revisit the topic in February to consider potential changes
before the next appointment cycle.
In preparation for this discussion, staff conducted a thorough review of appointment processes
utilized by other municipalities, considering options for board and commission applicant review
while ensuring compliance with the Texas Open Meetings Act (TOMA). Based on this research,
staff has developed options for the Town Council’s consideration, as detailed below.
Under TOMA, the appointment of advisory committee members is not a proper subject for
closed meetings under the Section 551.074 personnel exception, as clarified by Attorney
General Opinion DM-149. However, the Attorney General has ruled that certain board
members, such as those serving on a planning and zoning commission, are "public officers" due
to their exercise of sovereign functions of government largely independent of others' control.
Consequently, discussions regarding their appointment may be conducted in closed session
under Section 551.074. Similarly, members of the zoning board of adjustment or the building
standards commission, who also perform sovereign functions, would likely be considered
"public officers."
Options for Council Consideration:
Option 1: Subcommittee Review (Current Process)
A subcommittee of the Council, consisting of fewer than a quorum, reviews applications,
conducts interviews, and presents recommendations to the full Council during a regular
meeting for consideration.
Option 1 Alternative: Present recommendations to the full Council during a dedicated work
session to discuss applications and recommendations prior to formal discussion and
consideration in a regular meeting.
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Process:
• Applications are submitted to and compiled by the Town Secretary.
• A designated subcommittee reviews the applications, conducts interviews, and deliberates
in smaller sessions.
• Recommendations are forwarded to the full Council for discussion either in a regular
meeting or work session and final decisions conducted in a regular meeting.
This option provides detailed review by a focused group, saving time for the full Council.
Option 2: Independent Review and Recommendations
Council Members individually review applications and submit their recommendations to the
Town Secretary, who compiles the feedback for discussion in a Council Meeting.
Process:
• The Town Secretary distributes application packets to Council Members.
• Each Council Member independently reviews and provides recommendations to the Town
Secretary.
• Feedback is compiled and discussed during a dedicated work session.
• Appointments are made in a regular meeting.
This option streamlines the process by allowing independent input with collaboration of a work
session ensuring thorough evaluation.
Option 3: Collaborative Review with Town Manager
Council Members review applications and submit feedback to the Town Manager, who
consolidates their input into a comprehensive summary report.
Process:
• Applications are distributed to Council Members for review.
• Council Members provide input, which the Town Manager compiles.
• Feedback is compiled and discussed during a dedicated work session.
• Appointments are made in a regular meeting.
This option combines the efficiency of independent review with the Town Manager with the
collaboration of a work session, ensuring thorough evaluation.
Option 4: Full Review and Interviews Conducted by Town Council
The entire Town Council reviews applications and conducts interviews in open meetings.
Process:
• Applications are compiled by the Town Secretary and distributed to Council Members
beforehand.
• The Council meets in official posted work sessions to conduct interviews, discuss applicants,
and make recommendations.
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• Appointments are made in a subsequent regular meeting.
This option provides a collaborative and open forum for detailed discussion and interviews with
applicants. This process would require approximately six to eight meetings (dependent upon
number of applicants), each lasting around two hours, to complete the interviews.
Option 5: Each Town Council Member Nominates One Candidate for a Seat on Each Board or
Commission
Process:
• Applications are compiled by the Town Secretary and distributed to Council Members
beforehand.
• Each Council Member selects and nominates one candidate for each open seat.
• The nominations are presented and discussed during a regular meeting and voted on.
This option ensures equal representation of Council Members’ perspectives by allowing each
member to nominate a candidate.
Option 6: Direct Appointment by Council Members
In this option, each Council Member holding a specific place (e.g., Place 1, Place 2, up to Place
6) is responsible for appointing an individual to the corresponding board position.
Process:
• Applications are compiled by the Town Secretary and distributed to Council Members
beforehand.
• Each Council Member reviews applications for the board position corresponding to their
council place (e.g., Council Member for Place 1 appoints Board Member for Place 1).
• Council Members independently select and appoint their respective board or commission
members.
• The appointments are considered during a regular meeting and voted on.
This option provides a clear and structured method for board and commission appointments,
ensuring that each Council Member has direct responsibility for selecting appointees to
represent their corresponding place.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: There is no financial impact associated with this agenda item.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the provided options.
ATTACHMENTS:
None
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ACTIONS/OPTIONS:
This workshop agenda item is being presented for discussion and feedback purposes only. No
action regarding this item will be taken by the Town Council during the workshop.
Page 7 of 163
Office of the Mayor
Proclamation
WHEREAS, Random Acts of Kindness Month is an opportunity to encourage
people across our community to practice kindness, spread goodwill,
and create a ripple effect of positivity that touches lives in meaningful
ways; and
WHEREAS, Random Acts of Kindness Week, observed from February 9 to 15,
2025, and culminating in Random Acts of Kindness Day on February
17, 2025, highlights the value of kindness in building stronger, more
connected communities; and
WHEREAS, kindness is a unifying force that transcends barriers of age, race,
gender, background, or circumstance, fostering compassion,
understanding, and a sense of belonging for all; and
WHEREAS, scientific studies show that practicing kindness improves emotional
well-being, strengthens social bonds, and contributes to a healthier
and happier society; and
WHEREAS, small, selfless acts such as helping a neighbor, expressing gratitude,
volunteering, or simply offering a smile can create an immeasurable
impact on individuals and our community as a whole; and
WHEREAS, the Town of Trophy Club recognizes and commends the residents,
organizations, and businesses that inspire and exemplify the spirit of
kindness.
NOW, THEREFORE, I, Jeannette Tiffany, Mayor of the Town of Trophy Club, Texas, and on
behalf of the Trophy Club Town Council do hereby proclaim February 2025, as
“RANDOM ACTS OF KINDESS MONTH”
In the Town of Trophy Club and encourage all residents, schools, businesses, and
organizations to celebrate kindness throughout the month by practicing and promoting acts of
kindness in their everyday lives.
________________________________________
Jeannette Tiffany, MAYOR
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TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the January 13, 2025, Town Council regular meeting
minutes; January 23, 2025, and January 24, 2025, Town Council Retreat
meeting minutes. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held a regular meeting on January 13, 2025, and
a Town Council Retreat on January 23, 2025, and January 24, 2025.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 01.13.2025 draft minutes
2. 01.23.2025 retreat draft minutes
3. 01.24.2025 retreat draft minutes
ACTIONS/OPTIONS:
Move to approve the January 13, 2025, Town Council regular meeting minutes; January 23,
2025, and January 24, 2025, Town Council Retreat meeting minutes.
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Town of Trophy Club Town Council Meeting Minutes
January 13, 2025, 7:00 p.m., Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL REGULAR MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:00 p.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
LuAnne Oldham, Council Member Place 5
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Chief of Police
April Duvall, Director of Finance
Chase Ellis, Director of Parks and Recreation
Jill Lind, Director of Communications and Marketing
Matt Cox, Director of Community Development
Denise Deprato, Director of Human Resources
Tamara Smith, Assistant to the Town Manager
INVOCATION
Chaplain David Impwi delivered the invocation.
PLEDGES
Council Member Sheridan led the Pledge of Allegiance to the American and Texas
Flags.
PUBLIC COMMENTS
Elizabeth Nelson, 267 Oak Hill Drive, spoke in support of the Town of Patriots campaign.
Jeff Eason, 605 Indian Creek Drive, addressed the Council on agenda item 11, stressing
the need for improved tree maintenance, code enforcement, and execution of plans.
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Town Council Meeting Minutes – January 13, 2025 Page 2
COMMUNITY SPOTLIGHT
1. SOS International
Shelly Harp, Director of Development for SOS gave a presentation on SOS
International, a nonprofit founded in 2000, that focuses on sustainable solutions for at-
risk children worldwide. Their key initiatives include clean water access, food security,
combating human trafficking, and community development through education and
vocational training.
2. Working for You . . . Trophy Club
a) Update from Town Council Members
Mayor Pro Tem Flynn expressed gratitude to Chief Arata and Chief Wise for their
coordinated response to the recent fire on Morgan Lane. Although the house was a total
loss, the departments worked collaboratively with neighboring fire departments, ensuring
the safe evacuation of all residents with no injuries reported.
Mayor Tiffany extended New Year’s greetings to all present and encouraged
residents to stay connected with the Town by signing up for TC Alerts, subscribing to the
Town Weekly Newsletter, following the Town’s social media platforms, and engaging with
neighbors.
b) Update from Town Manager
Town Manager Wright provided the following update:
• Snow Event Update: The recent snow event was successfully managed with
no traffic accidents, thanks to the efforts of the Police, Fire, Streets, and Parks
departments.
• Council Retreat: Scheduled for January 23-24 at the Metroport Chamber
building in Roanoke, focusing on Business plan goals, Strategic plan updates,
and Robert's Rules of Order.
• Consent Agenda Correction: Item regarding the town's official newspaper
reflects a correction to the proper name, Commercial Recorder.
• Upcoming Meetings:
o EDC Board meeting: January 16, 7:00 PM, Council Chambers.
• Holiday Reminder: Town Hall will be closed on January 20 for Martin Luther
King Jr. Day; emergency services will remain available.
• Council Meeting: There will not be a regular Council meeting on January 27.
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Town Council Meeting Minutes – January 13, 2025 Page 3
c) Quick Civic Tip (Dean Roggia, Town Attorney)
Town Attorney Roggia provided an overview on Town Council voting requirements.
He explained that certain actions, such as charter amendments, require a two-thirds vote
of the entire council, while others, like canvassing an election, only need a quorum of two
members. Additionally, overturning a Planning and Zoning Commission recommendation
requires a three-fourths vote, ensuring the public understands these variations.
CONSENT AGENDA
3. Consider approval of the December 9, 2024, Town Council regular meeting
minutes. (Tammy Dixon, Town Secretary)
4. Consider approval of the December 19, 2024, Town Council special meeting
minutes. (Tammy Dixon, Town Secretary)
5. Consider an ordinance authorizing and calling for a general election to be held on
May 3, 2025, and if required, a runoff election on June 7, 2025, for the purpose of
electing council members to Town Council Place 5 and Town Council Place 6 and
establishing procedures for the election; and providing an effective date. (Tammy
Dixon, Town Secretary) The caption of the ordinance reads as follows:
ORDINANCE NO. 2025-01
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, AUTHORIZING AND CALLING FOR A GENERAL ELECTION TO BE HELD
ON MAY 3, 2025 AND, IF REQUIRED, A RUNOFF ELECTION ON JUNE 7, 2025, FOR
THE PURPOSE OF ELECTING COUNCIL MEMBERS TO TOWN COUNCIL PLACE 5
AND TOWN COUNCIL PLACE 6; PRESCRIBING THE TIME AND DESIGNATING THE
LOCATIONS AND MANNER OF CONDUCTING THE ELECTION TO BE IN
ACCORDANCE WITH THE JOINT ELECTION AGREEMENTS FOR ELECTION
SERVICES WITH DENTON AND TARRANT COUNTIES; AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE AGREEMENTS; AND PROVIDING AN EFFECTIVE
DATE.
6. Consider an ordinance repealing Ordinance 2010 -21 and adopting an ordinance
designating the Commercial Reporter as the official newspaper of the Town of
Trophy Club. (Tammy Dixon, Town Secretary) The caption of the ordinance reads
as follows:
ORDINANCE NO. 2025-02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; REPEALING
ORDINANCE NO. 2010-21 IN ITS ENTIRETY AND ADOPTING AN ORDINANCE
DESIGNATING THE COMMERICAL RECORDER AS THE OFFICIAL NEWSPAPER
OF THE TOWN OF TROPHY CLUB; PROVIDING A REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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Town Council Meeting Minutes – January 13, 2025 Page 4
7. Consider authorizing the Town Manager to negotiate and execute an updated
master services agreement and consolidated statement of work between the Town
of Trophy Club, TX, and CivicPlus, LLC, aligning all software services to a single
annual expiration date of September 30, in the amount of $52,808.54, with renewal
options up to 5% increase per year. (April Duvall, Director of Finance)
8. Consider authorizing the Town Manager to negotiate and execute an updated
master services agreement and consolidated statement of work between the Town
of Trophy Club, TX, and Tyler Technologies, Inc., aligning all software services to
a single annual expiration date of September 30, in the amount of $59,975. (April
Duvall, Director of Finance)
9. Consider a resolution approving the termination of the Metlife 457 Deferred
Compensation Plan (Plan Number 1014964-01). (Denise Deprato, Director of
Human Resources) The caption of the resolution reads as follows:
RESOLUTION NO. 2025-01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPROVING THE TERMINATION OF THE METLIFE 457 DEFERRED
COMPENSATION PLAN (PLAN NUMBER 1014964-01); AUTHORIZING THE TOWN
MANAGER TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
10. Consider an ordinance of the Town of Trophy Club amending Appendix A “Fee
Schedule,” Article A1.000 “General Provisions,” Section A1.006 “Animal Control,”
Subsection (a) “Impound Fee,” of the Code of Ordinances. (Patrick Arata, Chief of
Police) The caption of the ordinance reads as follows:
ORDINANCE NO. 2025-03
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING APPENDIX
A “FEE SCHEDULE,” ARTICLE A1.000 “GENERAL PROVISIONS,” SECTION A1.006
“ANIMAL CONTROL,” SUBSECTION (A) “IMPOUND FEE,” OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
11. Consider accepting the 2025 Parks Maintenance Plan that outlines tree care within
the Town of Trophy Club. (Chase Ellis, Director of Parks & Recreation)
Council Member Beach moved to approve Consent Items 3-11. Council Member
Rowe seconded the motion.
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Town Council Meeting Minutes – January 13, 2025 Page 5
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe, Oldham
NAYES: None
VOTE: 7-0
INDIVIDUAL ITEMS
12. Case PD-AMD-24-004 PD 13 Amendment, Tract 1, Ship Shop Conduct a public
hearing and consider an ordinance amending Planned Development District 13
(PD-13), Tract 1 to allow for Truck and Trailer Rental as an accessory use with
outdoor storage and display of vehicles. The applicant is David Sanders, owner of
The Ship Shop, and the subject property is legally described as The Village at
Trophy Club, Lot 1, approximately 3.79 acres, Denton County, Texas and is
generally located at the northwest corner of Trophy Club Drive and SH 114. The
property is addressed as 2003 E TX-114, Suite 340, Trophy Club, Texas. (Matt
Cox, Director of Community Development)
i. Conduct Public Hearing
Mayor Tiffany outlined the procedure for the evening’s public hearings, explaining
that each hearing will include a staff report, a presentation by the applicant (if applicable),
public comments, and Council discussion before any action is taken. Citizens will have a
three-minute time limit per speaker to ensure an efficient and orderly meeting.
Mayor Tiffany opened the public hearing at 7:30 p.m.
Matt Cox, Director of Community Development, provided an overview of the
request. He detailed the history of Mr. Sanders’ inquiry in May about allowing larger U -
Haul trucks, noting that such use was not permitted under current ordinances. Mr.
Sanders applied for the use on November 16th.
Mr. Cox explained that PD-13 lacks a "truck and trailer rental" definition, prompting
staff to propose a new definition and 11 conditions, including truck limits, parking
restrictions, and fire lane considerations, included in the draft ordinance. He noted that
the public hearing notices were distributed, and the ordinance was reviewed by the Town
Attorney.
Michael Biggs, P&Z Chair, noted that five speakers opposed the request, while Mr.
Sanders presented a petition with 182 signatures. A motion to approve the change and
require a Special Use Permit for further review failed by a vote of 2-4.
Mr. Sanders, owner of the Ship Shop, presented his case for continuing U -Haul
services at his business, emphasizing it as a valuable service for Trophy Club residents
and a significant portion of his income (30%). He noted that U-Haul services have served
over 578 Trophy Club residents, providing convenience and supporting local businesses
such as nearby restaurants and gas stations. He clarified that his U-Haul operations are
small-scale, with limited vehicles and trailers, and do not resemble larger U-Haul facilities.
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Town Council Meeting Minutes – January 13, 2025 Page 6
He argued that removing U-Haul services would harm his business and redirect revenue,
services, and taxes out of the town. He requested the Council to consider the economic
and community benefits before making a decision.
The following individuals spoke in opposition:
Larry Hoover, 1118 Berkshire Court, Trophy Club
Patricia Keefer, 216 Fresh Meadow Dr., Trophy Club
Jennifer Fox, 2753 Enfield Dr., Trophy Club
The following individuals spoke in favor:
David Dill, 109 Pebble Beach Drive, Trophy Club
Kenneth Kolsti, 14 Chimney Rock Dr., Trophy Club
Janet Beaty, 18 Hillcrest Ct., Trophy Club
Deborah Johnson, 6 Hill Court, Trophy Club
Richard Baker, 7 Glen Eagles Ct., Trophy Club
Deborah Higgins, 194 Durango Dr., Trophy Club
Sinisa Mandic, 214 Durango Dr., Trophy Club
Lisa Garcia, 4233 Ocho Rios Dr., Fort Worth
Atoosa Kourosh, 90 Trophy Club Dr., Trophy Club
Wendy Magusiak, 1724 Wisteria, Westlake
Nancy Acevedo, 1035 Timber Ridge Dr., Justin
Smokey Duverne, 6 Palmetto Ct., Trophy Club
Mayor Tiffany closed the public hearing at 8:21 p.m.
ii. Consider Ordinance Approval
A lengthy discussion ensued as the Council considered the proposed ordinance
amendment to PD-13 to allow truck and trailer rentals as an accessory use, focusing on
whether the use would be subject to a Special Use Permit (SUP). The discussion
addressed concerns about visual impacts, land use, enforcement of proposed conditions,
and the suitability of the location for U-Haul operations. Council members debated limiting
vehicle sizes to 10- and 15-foot trucks, requiring parking locations to be determined during
the SUP process, and waiving SUP application fees for the applicant, Mr. Sanders.
Council Member Sheridan moved to overturn the Planning and Zoning
Commission's recommendation and approve an ordinance amending Planned
Development District 13 (PD-13), Tract 1 to allow for Truck and Trailer Rental as an
accessory use with outdoor storage and display of vehicles. with the following
modifications:
1. Revise the definition section to establish a maximum truck size of 10 feet and
clarify that trucks of this size are only allowed by a Specific Use Permit (SUP).
2. Remove references to truck sizes larger than 15 feet in the chart.
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Town Council Meeting Minutes – January 13, 2025 Page 7
3. Eliminate the reference to Exhibit A.1 and specify that the SUP will establish the
parking area.
4. Direct staff to allow Mr. Sanders to apply for an SUP and waive the associated
application fees.
Mayor Pro Tem Flynn seconded the motion.
VOTE ON MOTION
AYES: Bauer, Flynn, Tiffany, Sheridan, Oldham
NAYES: Beach, Rowe
VOTE: 5-2
RESULT: Motion Failed. A supermajority of six votes required to overturn the
Planning and Zoning Commission’s recommendation.
13. Case RP-24-001 The Highlands At Trophy Club, Neighborhood 5, Phase 2B, Lot
23R, Block G (Gardner Replat) Conduct a public hearing to consider a replat
request made by Deric Gardner on Lot 23R, Block G of The Highlands at Trophy
Club Neighborhood 5, Phase 2B, approximately 0.292 acres of land, for the
addition of unplatted land. The property is addressed as 2643 Highlands Court and
situated in the Rosalinda Allen Survey, Abstract No. 17, Town of Trophy Club,
Denton County, Texas. (Gardner Replat). (Matt Cox, Director of Community
Development)
i. Conduct Public Hearing
Mayor Tiffany opened the public hearing at 9:15 p.m.
Mr. Cox explained that the replat was required as part of the Town’s land sale to
Mr. Gardner in April 2024, Staff recommended approval of the replat with conditions,
including addressing outstanding survey corrections, obtaining required signatures, and
providing a certified tax certificate prior to filing. The applicant was not present, but staff
noted that they had followed up on necessary revisions with the surveyor.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 9:17 p.m.
ii. Consider Replat
Council Member Rowe moved to approve a replat request made by Deric Gardner
on Lot 23R, Block G of The Highlands at Trophy Club Neighborhood 5, Phase 2B,
approximately 0.292 acres of land, for the addition of unplatted land. The property is
addressed as 2643 Highlands Court and situated in the Rosalinda Allen Survey, Abstract
No. 17, Town of Trophy Club, Denton County, Texas. Council Member Bauer seconded
the motion.
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Town Council Meeting Minutes – January 13, 2025 Page 8
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham
NAYES: None
VOTE: 7-0
14. Conduct a public hearing and consider an ordinance amending Article 1.08.001 of
Chapter 1, Article 1.08 "Parks and Recreation" and adopting the 2025 Youth
Programs Standard of Care. (Chase Ellis, Director of Parks & Recreation)
i. Conduct Public Hearing
Mayor Tiffany opened the public hearing at 9:18 p.m.
Chase Ellis, Director of Parks and Recreation, presented the annual adoption of
the Standards of Care for the Town’s summer camp program, as required by the Texas
Department of Family and Protective Services. He noted that, with assistance from the
Town Secretary and Town Attorney, the standards were moved from ordinance form to
an exhibit of the ordinance in the form of a manual. Mr. Ellis emphasized that adopting
these standards ensures the program remains exempt from daycare licensing
requirements while providing structured summer camp services.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 9:20 p.m.
ii. Consider Ordinance Approval
Mayor Pro Tem Flynn moved to approve Ordinance No. 2025-04 amending Article
1.08.001 of Chapter 1, Article 1.08 "Parks and Recreation" and adopting the 2025 Youth
Programs Standard of Care. Council Member Beach seconded the motion. The caption
of the ordinance reads as follows:
ORDINANCE NO. 2025-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER
1, ARTICLE 1.08 “PARKS AND RECREATION”, DIVISION 1 OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, BY AMENDING SECTION
1.08.001 IN ITS ENTIRETY; AND ADOPTING UPDATED “YOUTH PROGRAMS
STANDARDS OF CARE”; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham
NAYES: None
VOTE: 7-0
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Town Council Meeting Minutes – January 13, 2025 Page 9
15. Conduct a public hearing and consider an ordinance granting a franchise
agreement to Community Waste Disposal for solid waste and recycling collection;
authorizing the Town Manager to negotiate and execute the franchise agreement;
and directing staff to prepare an ordinance to make necessary updates to Article
13.02 Solid Waste of the Town Code of Ordinances. (Tamara Smith, Assistant to
the Town Manager)
i. Conduct Public Hearing
Mayor Tiffany opened the public hearing at 9:21p.m.
Tamara Smith, Assistant to the Town Manager, presented upcoming changes to
the Town’s solid waste and recycling services, including the selection of Community
Waste Disposal (CWD) as the new service provider following a competitive bid process.
The Town’s current contract will expire on May 31, 2025. After reviewing five bids, CWD
was selected for its competitive pricing and ability to meet the Town’s needs. The new
contract will maintain current service levels for residential trash and recycling pickup while
introducing new services, including monthly household hazardous waste pickup, curbside
Christmas tree recycling, and a seasonal leaf recycling program. Collection zones will be
split for efficiency, and bulk waste collection will allow four cubic yards at no charge, with
additional waste at $15 per cubic yard. The first-year residential rate will be $25.71 per
month, with an option to upgrade to a 95-gallon recycling cart for an additional $3.41 per
month. The contract includes an annual rate adjustment based on the DFW Consumer
Price Index. Staff also recommended rewriting the solid waste ordinance to be less
contract-specific, with a revised ordinance expected at a future meeting.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 9:28 p.m.
ii. Consider Ordinance Approval
Jason Roemer, President of Community Waste Disposal (CWD), provided an
overview of the company’s operations and commitment to community engagement. He
highlighted CWD’s 40 years of experience, fleet of 200 compressed natural gas trucks,
and advanced recycling facilities. Council Members asked about service efficiency,
communication strategies, and the collection process, particularly regarding split
collection zones, holiday and storm response, and manual trash pickup. Raymer assured
the Council that CWD would maintain twice-weekly trash collection with flexible service
options, including manual bag collection and optional 95 -gallon recycling carts. He
emphasized proactive communication efforts, including website updates, mailed notices,
and direct alerts. Council Members also discussed cart and bin options, the logistics of
switching providers, and ensuring a smooth transition for residents and businesses. CWD
representatives confirmed their commitment to customer service and responsiveness.
Council Member Rowe moved to approve Ordinance No. 2025-05 granting a
franchise agreement to Community Waste Disposal for solid waste and recycling
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Town Council Meeting Minutes – January 13, 2025 Page 10
collection; authorizing the Town Manager to negotiate and execute the franchise
agreement; and directing staff to prepare an ordinance to make necessary updates to
Article 13.02 Solid Waste of the Town Code of Ordinances. Council Member Beach
seconded the motion. The caption of the ordinance reads as follows:
ORDINANCE NO. 2025-05
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, GRANTING A FRANCHISE AGREEMENT TO COMMUNITY WASTE
DISPOSAL FOR SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL
SERVICES WITHIN THE CORPORATE BOUNDARIES OF THE TOWN OF TROPHY
CLUB, TEXAS; AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND
EXECUTE THE FRANCHISE AGREEMENT SUBJECT TO THE PROVISIONS OF THE
TOWN CHARTER; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham
NAYES: None
VOTE: 7-0
Council Member Sheridan moved to reconsider the vote on Agenda Item #12 with
the intent of determining whether the outcome would change if trucks were removed from
the motion. Council Member Bauer seconded the motion.
A debate arose over whether Council Member Sheridan, who presumably voted
“yes” on the original motion, could legally bring it back for reconsideration. A point of order
was raised by Council Member Rowe referencing the Town's rules of procedure, which
default to Roberts Rules when local guidelines do not specify a procedure.
Council Member Sheridan withdrew his motion and indicated he would bring it back
for consideration after the Council approves updated rules of procedure. The discussion
ended without a revote on Agenda Item #12.
16. Consider authorizing the Town Manager to negotiate and execute a construction
contract with Home Run Construction, LLC in an amount not to exceed $1,121,407
for the construction of dedicated pickleball courts at Harmony Park. (Chase Ellis,
Director of Parks & Recreation)
Mr. Ellis presented an overview of the item which includes the construction of six
pickleball courts, the relocation of the bocce ball area, and the basketball court. An RFP
was issued for construction services, which remained open for 30 days, resulting in two
submissions. After evaluation, Home Run Construction, LLC was determined to provide
the best value based on price and references. If approved, a contract will be established
in the coming weeks, with groundbreaking anticipated in early February and an estimated
8- to 9-month construction timeline, aiming for a fall 2025 opening. The project remains
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Town Council Meeting Minutes – January 13, 2025 Page 11
within the allocated $1.3 million budget, including design, construction, and contingency
funds.
The Council discussed aspects of the project, including lighting, seating areas, and
court sizes.
Council Member Sheridan moved to approve authorizing the Town Manager to
negotiate and execute a construction contract with Home Run Construction, LLC in an
amount not to exceed $1,121,407 for the construction of dedicated pickleball courts at
Harmony Park. Council Bauer seconded the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham
NAYES: None
VOTE: 7-0
17. Consider a resolution adopting the Trophy Club Town Council Rules of Procedure.
(Brandon Wright, Town Manager; Tammy Dixon, Town Secretary)
Town Manager Wright presented updates to the Town Council Rules of Procedure,
including the addition of a new section on video conference participation. He explained
virtual participation of meetings would also be allowed for certain boards and
commissions that handle budget approvals and zoning cases but not for advisory boards
like Parks & Recreation or the Arts Council.
Council Member Sheridan inquired about Waiver of Rules as outlined under
Section 6.7 which provides rules may be waived by majority of Council.
Council Member Rowe moved to approve Resolution No. 2025-02 adopting the
Trophy Club Town Council Rules of Procedure. Council Member Beach seconded the
motion. The caption of the resolution reads as follows:
RESOLUTION NO. 2025-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, ADOPTING THE TOWN OF TROPHY CLUB TOWN COUNCIL RULES OF
PROCEDURE AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham
NAYES: None
VOTE: 7-0
Council Member Sheridan made a motion to reconsider Agenda Item 12, based
on the possibility that a "no" vote might change if there were no trucks involved. Council
Member Steve Flynn seconded the motion.
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Town Council Meeting Minutes – January 13, 2025 Page 12
Town Attorney Roggia clarified that while the Council had adopted new Rules or
Procedure by resolution, an ordinance outlining procedural rules was still in place and
required action on the next agenda.
Council Member Sheridan withdrew his motion.
18. Consider an ordinance 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. (Brandon
Wright, Town Manager; Tammy Dixon, Town Secretary)
Council Member Sheridan moved to approve Ordinance No. 2025-06 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. Council Member Bauer seconded the motion. The caption of the ordinance
reads as follows:
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.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham
NAYES: None
VOTE: 7-0
Council Member Sheridan, citing Rule 4.10 - Procedures for Agenda Items, made
a motion to reconsider Agenda Item 12. Mayor Pro Tem Flynn seconded the motion.
VOTE ON MOTION
AYES: Bauer, , Flynn, Sheridan, Oldham
NAYES: Beach, Tiffany, Rowe
VOTE: 4-3
Page 21 of 163
Town Council Meeting Minutes – January 13, 2025 Page 13
12. Case PD-AMD-24-004 PD 13 Amendment, Tract 1, Ship Shop Conduct a public
hearing and consider an ordinance amending Planned Development District 13
(PD-13), Tract 1 to allow for Truck and Trailer Rental as an accessory use with
outdoor storage and display of vehicles. The applicant is David Sanders, owner of
The Ship Shop, and the subject property is legally described as The Village at
Trophy Club, Lot 1, approximately 3.79 acres, Denton County, Texas and is
generally located at the northwest corner of Trophy Club Drive and SH 114. The
property is addressed as 2003 E TX-114, Suite 340, Trophy Club, Texas. (Matt
Cox, Director of Community Development)
i. Conduct Public Hearing
Mayor Tiffany reopened the public hearing at 10:02 p.m.
No one spoke in favor or in opposition.
Mayor Tiffany closed the public hearing at 10:02 p.m.
ii. Consider Ordinance Approval
Council Member Sheridan addressed Council Members Beach and Rowe, who
voted against the request. He argued that the land use should be reconsidered as a reuse
rather than a new development, citing a similar case where a BBQ restaurant was
approved under continued use. He acknowledged concerns about large trucks but
cautioned that restrictions could also impact necessary drop-offs and transit.
Council Member Beach opposed the request, stating that the business owner had
alternative operational options and that the proposed use did not enhance the town’s
aesthetics. Beach also noted that the owner had been in violation of town codes for years
by using a personal trailer without proper approval.
Council Member Rowe expressed concerns that the business already relying on
the proposed use so soon after opening suggested a likelihood of future expansion that
might not align with the town’s vision. Rowe emphasized that the site was too small and
located in a high-value frontage area, making it unsuitable for truck rentals, which are
typically found in industrial zones.
Following the discussion, there was no motion and no vote on the matter.
ADJOUNMENT
Mayor Tiffany adjourned the Town Council meeting 10:06 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
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Town Council Meeting Minutes – January 13, 2025 Page 14
_______________________________
Tammy Dixon, Town Secretary
Page 23 of 163
Town of Trophy Club Town Council Meeting Minutes
January 23, 2025, 12:30 p.m., Town Council Retreat
Metroport Chamber of Commerce, Texas Boardroom
381 W. Byron Nelson Boulevard, Roanoke, TX 76262
CALL TO ORDER
Mayor Tiffany called the retreat to order at 1:01 p.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem (arrived at 1:50 p.m.)
Stacey Bauer, Council Member Place 1 (left at 3:35 p.m.)
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4 (arrived at 3:44 p.m.)
LuAnne Oldham, Council Member Place 5
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Chief of Police
April Duvall, Director of Finance
Chase Ellis, Director of Parks and Recreation
Jill Lind, Director of Communications and Marketing
Matt Cox, Director of Community Development
Denise Deprato, Director of Human Resources
Tamara Smith, Assistant to the Town Manager
OTHERS PRESENT
Thomas Gwosdz, The Gwosdz Law Firm, PLLC
PUBLIC COMMENTS
There were none.
ITEMS
1. Conduct Town Council Training on Roberts Rules of Order.
Mr. Gwosdz provided training on strategies to streamline meetings, focusing on
internal and external factors affecting meeting length. Key topics included structuring
agendas effectively, managing citizen comments, utilizing an Agenda Information Memo
for clarity, and applying Robert’s Rules of Order for motions, deliberation, and voting. He
emphasized maintaining order through proper gavel use, keeping discussions focused,
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Town Council Meeting Minutes – January 23, 2025 Page 2
and addressing procedural irregularities. The session also covered best practices for
ending lengthy debates and adopting local rules to improve efficiency.
Mayor Tiffany recessed the meeting at 3:05 p.m. for a break and reconvened at
3:35 p.m.
2. Discussion on updates regarding the FY 2025 Business Plan.
A progress update on the FY 2025 Business Plan was presented, reviewing the
quarterly status of work plan items related to the Strategic Objectives. Key initiatives
discussed included public safety, parks and recreation, infrastructure maintenance,
senior housing regulations, and redevelopment strategies. The discussion focused on
enhancing emergency management, improving traffic and mobility safety, and promoting
responsible golf cart usage.
Additionally, updates were provided on the development of a comprehensive Parks
& Recreation Master Plan, emphasizing community engagement and long -term planning.
The Council reviewed the status of these initiatives to ensure continued progress toward
the town's strategic goals.
3. Discussion on FY 2026 Budget Preparation.
A presentation was provided outlining key components of the FY 2026 budget
planning process, including:
• Preliminary Budget Calendar
• Tax Rate History
• Compensation Review & Proposed Increases
• FY 2025 Budget Projections
• Equipment Replacement for FY 2025 & FY 2026
• Capital Projects (Current & FY 2026)
• Tax Rate Goals
• CIP/Business Plan Projects
The Council discussed budget priorities, funding strategies, and next steps in the
budget preparation process. Staff was instructed to prepare department budgets
assuming a tax rate adoption at the voter approval tax rate as well as an interest and
sinking fund rate not to exceed 10.5 cents per $100 of taxable valuation.
EXECUTIVE SESSION/OPEN SESSION
Pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into
a Closed Executive Session at 5:00 p.m. and reconvened into Open Session at 5:47 p.m.
in accordance with the Texas Government Code regarding: Section 551.071 Consultation
with the Town Attorney to seek legal advice regarding Trophy Club Municipal Utility
District #1 boundary expansion, including transferring and/or accepting water, sewer, and
fire assets, and any and all legal matters related thereto. No Action Taken.
Page 25 of 163
Town Council Meeting Minutes – January 23, 2025 Page 3
ADJOUNMENT
Mayor Tiffany adjourned the Town Council meeting at 5:47 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 26 of 163
Town of Trophy Club Town Council Meeting Minutes
January 24, 2025, 9:00 a.m., Town Council Retreat
Metroport Chamber of Commerce, Texas Boardroom
381 W. Byron Nelson Boulevard, Roanoke, TX 76262
CALL TO ORDER
Mayor Tiffany called the retreat to order at 9:00 a.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1 (arrived at 12:03 p.m.)
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4 (left at 11:18 a.m.)
COUNCIL MEMBERS ABSENT
LuAnne Oldham, Council Member Place 5
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Chief of Police
April Duvall, Director of Finance
Chase Ellis, Director of Parks and Recreation
Jill Lind, Director of Communications and Marketing
Matt Cox, Director of Community Development
Denise Deprato, Director of Human Resources
Tamara Smith, Assistant to the Town Manager
PUBLIC COMMENTS
There were none.
ITEMS
1. Discussion and review of the Trophy Club Strategic Plan FY 2025-2030.
Town Manager Wright provided an overview of the strategic planning session,
emphasizing its role in aligning the strategic plan with the Town Council’s vision for the
next five years. The session focused on reviewing the existing plan, refining initiatives
and tasks, and ensuring they accurately reflect council priorities.
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Town Council Meeting Minutes – January 24, 2025 Page 2
A discussion was held on how to effectively communicate the Strategic Plan to
residents, making it easier to read and more accessible. Town Manager Wright explained
that the Business Plan serves as the primary public-facing document for this purpose.
Additionally, he highlighted the effectiveness of the "Ask Indy" feature and the website’s
search bar in helping residents locate strategic planning information.
The Council reviewed descriptions of each Focus Area, with the following change
recommended revision:
• Support Business Focus Area: Change the description by replacing the
word “partnerships” with “initiatives.”
Review of Focus Areas, Objectives, and Initiatives
Prioritize Public Safety
1. Objective: Enhance community policing and public safety engagement.
Initiative: Create a unified voluntary database for elderly, homebound, and special
needs residents to enhance fire and police assistance, while promoting community
connections and proactive outreach to address public safety needs.
o Revision: Update Task 1 to read: “Enhance the communication strategy for
soliciting participation from elderly, homebound, and special needs
residents.”
2. Objective: Enhance transparency, accountability, and engagement through
communication channels.
Initiative: Engage residents through two-way public safety communication.
o Add: Inclusion of ways to interact with and identify “at risk” and other safety
initiatives in two-way communication and engagement.
o Add: Homeowners Association (HOA) and neighborhood specific outreach.
Initiative: Develop public safety transparency pages showcasing statistics and
policies and explore integration of transparency tools with public safety
departments.
o Define: The transparency tool and tasks associated with the showcasing
of statistics should be limited to traffic safety.
Mayor Tiffany recessed the meeting at 10:41 a.m. for a break and reconvened at
10:50 a.m.
Promote Quality of Life
• No changes.
Page 28 of 163
Town Council Meeting Minutes – January 24, 2025 Page 3
Strengthen Infrastructure
1. Objective “Partner with the TC MUD No. 1, NISD, and surrounding stakeholders
to coordinate capital projects”
Initiative: Plan and coordinate integrated projects with partner organizations.
o Add: Formation of an internal task force to assess and enhance
coordination efforts and opportunities.
Mayor Tiffany recessed the meeting at 11:50 a.m. for a lunch break and reconvened
at 12:41 p.m.
Upholding Housing Standards
• No changes.
Mayor Tiffany recessed the meeting at 1:38 p.m. for a break and reconvened at
1:50 p.m.
Support Business
The Council discussed defining "supporting business" within the strategic plan,
emphasizing alignment with broader Town objectives while avoiding involvement in
individual business finances. The revision of "partnerships" to "initiatives" will better reflect
business support through policies, programs, and strategic decisions. The conversation
highlighted the need for clear yet flexible definitions to balance business support with
other priorities like public safety and quality of life, ensuring alignment with the Town’s
long-term development goals.
Closing Remarks
The Mayor and Council Members expressed appreciation for the opportunity to
engage in meaningful dialogue about the Town's future, highlighting the progress made
in refining the strategic plan. There was a shared perspective that the planning process
has become more streamlined compared to previous years, making it easier to reference
and implement changes.
ADJOUNMENT
Mayor Tiffany adjourned the Town Council meeting at 2:17 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 29 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider a resolution appointing Greg Fox to the Economic Development
Corporation Board. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council Appointments Committee, comprised of Mayor
Tiffany and Council Members Oldham (now former council member) and Beach, is responsible
for making recommendations to the full Council regarding appointments to all boards,
commissions, and corporations. Due to a resignation on the Economic Development
Corporation, the Appointments Committee convened to consider a replacement to fill the
vacancy.
Following a review of candidates, the Appointments Committee recommends that Greg Fox be
appointed to fill the vacant seat on the Economic Development Corporation Board. The
remaining term for the vacant board position is through September 30, 2025.
BOARD REVIEW/CITIZEN FEEDBACK: After reviewing applications and conducting interviews,
the Appointments Committee recommends that Greg Fox be appointed to fill the existing term
on the Economic Development Corporation Board.
FISCAL IMPACT: There is no financial impact associated with this agenda item.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and
legality.
ATTACHMENTS:
1. Resolution
ACTIONS/OPTIONS:
Staff recommends approving the resolution appointing Greg Fox to the Economic Development
Corporation Board. (Tammy Dixon, Town Secretary)
Page 30 of 163
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, PROVIDING FOR THE APPOINTMENT OF A MEMBER
TO SERVE ON THE ECONOMIC DEVELOPMENT CORPORATION;
DESIGNATING TERMS OF SERVICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in
local government through service on boards, commissions, and corporations; and
WHEREAS, there is currently a vacancy on the Trophy Club Economic Development
Corporation Board; and
WHEREAS, the Trophy Club Town Council is responsible for making appointments to the
boards, commissions, and corporations serving the Town; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1. The facts and recitals set forth in the preamble of this resolution are hereby
found to be true and correct.
SECTION 2. The Town Council of Trophy Club, Texas, hereby appoints the following
individual to serve on the Trophy Club Economic Development Corporation Board as specified
below:
Name Place Term Ending Date
Greg Fox Place 2 09/30/2025
SECTION 3. This resolution shall become effective from and after its date of passage.
PASSED AND APPROVED THIS THE 10th DAY OF FEBRUARY 2025.
______________________________
Jeannette Tiffany, Mayor
ATTEST:
___________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
____________________________
Dean Roggia, Town Attorney
Page 31 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a mowing
contract with TLC Landscapes for a total annual amount not to exceed
$35,000 with four 1-year renewal options with up to 5% annual increases.
(Matt Cox, Director of Community Development)
BACKGROUND/SUMMARY: The Town of Trophy Club has utilized the services of Kanelee
Landscapes (TLC Landscapes) for several years with excellent customer service and consistent
reliability. This annual agreement will cover the period from October 28, 2024, through
September 30, 2025, with four 1-year renewal options.
TLC Landscapes will be responsible for mowing and trimming approximately 100,00 square feet
of the Byron Nelson Creek, and 105,000 square feet of the Lakeview Creek that runs between
Village Trail and Lakeshore Drive. TLC Landscapes will mow/trim each location up to 10 times
per year, totaling $35,000 between the two creeks for FY 2025. The Town received three bids
for these mowing services. The bidding process satisfies the requirements of Texas Local
Government Code CH 252.
The Town will have the option to exercise four 1-year renewals. Each renewal authorization
amount will include a not-to-exceed 5% service cost increase from the previous year.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: Funding for mowing services is provided in the FY 2025 Budget in the
Stormwater Drainage Utility Fund.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and
legality.
ATTACHMENTS:
1. TLC Service Agreement
2. Creek Mowing Bids
3. Creek Mowing Maps
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to negotiate
Page 32 of 163
and execute a mowing contract with TLC Landscapes for a total annual amount not to exceed
$35,000 with four 1-year renewal options with up to 5% annual increases.
Page 33 of 163
Page 1 of 4
SERVICE CONTRACT
I.The Parties. This Service Contract (“Agreement”) made _______________, 20____,
is by and between:
Service Provider: _______________, with a mailing address of
______________________________ (“Service Provider”), and
Client: _______________, with a mailing address of
______________________________ (“Client”).
Service Provider and Client are each referred to herein as a “Party” and, collectively, as
the "Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and
agreements contained herein, the Client hires the Service Provider to work under the
terms and conditions hereby agreed upon by the Parties:
II.Term. The term of this Agreement shall commence on _______________, 20____,
and terminate: (check one)
☐- At-Will. Written notice of at least ____ days’ notice.
☐- End Date. On _______________, 20____.
☐- Other. option for 1 year extensions, with 5% increase in pricing for 4 years
following the above End Date.
III.The Service. The Service Provider agrees to provide the following:
Mowing/weedeating of 100,000 sq ft of Byron Nelson ditch and 105,000 sq ft of Lakeview ditch for
the following months: October and November 1x/mo, April and May 2x /mo, June-Sept 1x/mo
Cost of Byron Nelson ditch will be $2,050/ea.(total 10x $20,500) Lakeview ditch will be $1,450/ea.
(total 10x $14,500). Total together $35,000/yr
Hereinafter known as the “Service”.
The Service Provider shall provide, while performing the Service, that he/she/they shall
comply with the policies, standards, and regulations of the Client, including local, State,
and Federal laws and to the best of their abilities.
IV.Payment Amount. The Client agrees to pay the Service Provider the following
compensation for the Service performed under this Agreement: (check one)
☐- $______ / Hour
☐- $______ / per Job. A “Job” is ______________________________.
☐- Other: $35,000/year.
Hereinafter known as the “Payment Amount”.
Page 34 of 163
Page 2 of 4
V.Payment Method. The Client shall pay the Payment Amount: (check one)
☐- When Invoiced
☐- Daily
☐- Weekly
☐- Bi-Weekly
☐- Monthly
☐- Other: ______________________________.
Hereinafter known as the “Payment Method”. The Payment Amount and Payment
Method collectively shall be referred to as “Compensation”.
VI. Retainer. This Agreement requires: (check one)
☐- A Retainer. Client agrees to pay a retainer in the amount of $______ to the
Service Provider as an advance on future Services to be provided. (check one)
☐- Retainer is refundable.
☐- Retainer is non-refundable.
☐- No Retainer. The Client is not required to pay a retainer before the Service
Provider is able to commence work.
VII. Inspection of Services. Any Compensation shall be subject to the Client inspecting
the completed Services of the Service Provider. If any of the Services performed by the
Service Provider pursuant to this Agreement are defective or incomplete, the Client
shall have the right to notify the Service Provider, at which time the Service Provider
shall promptly correct such work within a reasonable time.
VIII. Return of Property. Upon the termination of this Agreement, all property provided
by the Client, including, but not limited to, cleaning supplies, uniforms, equipment, and
any other items must be returned by the Service Provider. Failure to do so may result in
a delay in any final payment made by the Client.
IX. Time is of the Essence. Service Provider acknowledges that time is of the essence
in regard to the performance of all Services.
X. Confidentiality. Service Provider acknowledges and agrees that all financial and
accounting records, lists of property owned by Client, including amounts paid, therefore,
client and customer lists, and any other data and information related to the Client’s
business is confidential (“Confidential Information”). Therefore, except for disclosures
required to be made to advance the business of the Client and information which is a
matter of public record, Service Provider shall not, during the term of this Agreement or
after its termination, disclose any Confidential Information for the benefit of the Service
Provider or any other person, except with the prior wri tten consent of the Client.
Page 35 of 163
Page 3 of 4
a.) Return of Documents. Service Provider acknowledges and agrees that all
originals and copies of records, reports, documents, lists, plans, memoranda,
notes, and other documentation related to the business of the Client containing
Confidential Information shall be the sole and exclusive property of the Client and
shall be returned to the Client upon termination of this Agreement or upon written
request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the
Client's business from any breach by the Service Provider under this Section;
therefore, any monetary damages would be an inadequate remedy for such
breach. Accordingly, the Service Provider agrees that if he/she/they should
breach this Section, the Client shall be entitled to, in addition to all other
remedies it may have at law or equity, to an injunction or other appropriate orders
to restrain any such breach, without showing or proving actual damages
sustained by the Client
c.) No Release. Service Provider agrees that the termination of this Agreement shall
not release him/her/they from the obligations in this Section.
XI. Taxes. Service Provider shall pay and be solely responsible for all withholdings,
including, but not limited to, Social Security, State unemployment, State and Federal
income taxes, and any other obligations. In addition, Service Provider shall pay all
applicable sales or use taxes on the labor provided and materials furnished or otherwise
required by law in connection with the Services performed.
XII. Independent Contractor Status. Service Provider acknowledges that he/she/they
are an independent contractor and not an agent, partner, joint venture, nor an employee
of the Client. Service Provider shall have no authority to bind or otherwise obligate the
Client in any manner, nor shall the Service Provider represent to anyone that it has a
right to do so. Service Provider further agrees that in the event the Client suffers any
loss or damage as a result of a violation of this provision , the Service Provider shall
indemnify and hold harmless the Client from any such loss or damage.
XIII. Safety. Service Provider shall, at his/her/their own expense, be solely responsible
for protecting its employees, sub-Service Providers, material suppliers, and all other
persons from risk of death, injury or bodily harm arising from or in any way related to the
Services or the site where it is being performed (“Work Site”). In addition, Service
Provider agrees to act in accordance with the rules and regulations administered by
federal law and OSHA. Service Provider shall be solely responsible and liable for any
penalties, fines, or fees incurred.
XIV. Alcohol and Drugs. Service Provider agrees that the presence of alcohol and
drugs are prohibited on the Work Site and while performing their Services. If the Service
Provider or any of their agents, employees, or subcontractors are determined to be
present or with alcohol or drugs in their possession, this Agreement shall terminate
immediately.
Page 36 of 163
Page 4 of 4
XV. Successors and Assigns. The provisions of this Agreement shall be binding upon
and inured to the benefit of heirs, personal representatives, successors, and assigns of
the Parties. Any provision hereof which imposes upon the Service Provider or Client an
obligation after termination or expiration of this Agreement shall survive termination or
expiration hereof and be binding upon the Service Provider or Client.
XVI. Default. In the event of default under this Agreement, the defaulted Party shall
reimburse the non-defaulting Party or Parties for all costs and expenses reasonably
incurred by the non-defaulting Party or Parties in connection with the default, including ,
without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to
enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties
shall be reimbursed by the other Party for all costs and expenses incurred in connection
with the suit or action, including, without limitation, reasonable attorney’s fees at the trial
level and on appeal.
XVII. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall
constitute a continuing waiver, and no waiver shall be binding unless executed in writing
by the Party making the waiver.
XVIII. Governing Law. This Agreement shall be governed by and shall be construed in
accordance with the laws in the State of ___________________.
XIX. Severability. If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated.
XX. Additional Terms & Conditions. _______________________________________
______________________________________________________________________
______________________________________________________________________
XXI. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties to its subject matter and supersedes all prior contemporaneous agreements,
representations, and understandings of the Parties. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused
this Agreement to be executed in their names by their duly authorized officers.
Client’s Signature _______________________ Date ____________
Print Name _______________________
Service Provider’s Signature _______________________ Date ____________
Print Name _______________________
Page 37 of 163
E S T I M AT E
Duran Tree Care Inc.
P.O Box 2 1162 7
Dallas, TX 7 521 1
sales@durantreecare.com
+1 (46 9 ) 41 8 -3 3 98
h ttps://du rantreecare.com
Bil l t o
Kevin O’Dell
1 Trophy Wood Drive, Troph y Club, TX
762 62
Trophy Club, TX 7626 2
Shi p to
Kevin O’Dell
1 Trophy Wood Drive, Trophy Club, TX
76262
Trophy Club, TX 76262
Estimate details
Estimate no.: 112 7
Estimate date: 1 0/10/2024
WO#: 101024
Property Address: BNHS
City, State, Zip Code: Trophy Wood Drive,
Trophy C
#Date Product or service Description Qty Rate Amount
1.10/10/2024 L awn Service B NHS – Initial Clean-Up
• Scop e: clear ing and trimming ov er grown
v egetation and s mall trees (3 inches in
d iameter or s maller) along the creek . Trees in
the gras s y up p er area will remain.
• Cos t: $33,000 for initial clean-up and
tr imming.
1 $33,000.00 $33,000.00
2.10/10/2024 L awn Service M aintenance Plan:
1. Octob er
• 2 mow p er month. Pr ice p er s erv ice v is it
$3500
2 $3,500.00 $7,000.00
3.10/10/2024 L awn Service M aintenance Plan:
Nov emb er:
• 2 mow p er month. Pr ice p er s erv ice v is it
$3500
2 $3,500.00 $7,000.00
4.10/10/2024 L awn Service M aintenance Plan:
Ap ril:
• 2 mow p er month. Pr ice p er s erv ice v is it
$4500
2 $4,500.00 $9,000.00
5.10/10/2024 L awn Service M aintenance Plan:
M ay
• 2 mow p er month. Pr ice p er s erv ice v is it
$4500
2 $4,500.00 $9,000.00
6.10/10/2024 L awn Service M aintenance Plan:
June
1 $4,000.00 $4,000.00Page 38 of 163
• 2 mow p er month. Pr ice p er s erv ice v is it
$4000
7.10/10/2024 L awn Service M aintenance Plan:
July
• 1 mow p er month. Pr ice p er s erv ice v is it
$4000
1 $4,000.00 $4,000.00
8.10/10/2024 L awn Service M aintenance Plan:
Augus t
• 1 mow p er month. Pr ice p er s erv ice v is it
$4000
1 $4,000.00 $4,000.00
9.10/10/2024 L awn Service M aintenance Plan:
Sep temb er
• 1 mow p er month. Pr ice p er s erv ice v is it
$4000
1 $4,000.00 $4,000.00
Total $81,000.00
A ccepted d ate A ccep ted by
Page 39 of 163
E S T I M AT E
Duran Tree Care Inc.
P.O Box 2 1162 7
Dallas, TX 7 521 1
sales@durantreecare.com
+1 (46 9 ) 41 8 -3 3 98
h ttps://du rantreecare.com
Bil l t o
Kevin O’Dell
1 Trophy Wood Drive, Troph y Club, TX
762 62
Trophy Club, TX 7626 2
Shi p to
Kevin O’Dell
1 Trophy Wood Drive, Trophy Club, TX
76262
Trophy Club, TX 76262
Estimate details
Estimate no.: 112 6
Estimate date: 1 0/10/2024
WO#: 101024
Property Address: Village C reek Trail
City, State, Zip Code: Trophy Club, TX
76262
#Date Product or service Description Qty Rate Amount
1.10/10/2024 L awn Service • Scop e: R emov e ov er grown v egetation and
s mall trees (3 inches in d iameter or s maller )
along the cr eek. Trees in the up p er gr as s y
area will remain untouched . Once the initial
clean-up is d one, maintenance will follow as
p er the client’s req ues t. INITIAL CLE AN UP
AND TR IM M ING.
1 $45,000.00 $45,000.00
2.10/10/2024 L awn Service M aintenance Plan:
1. Octob er
• 2 mow p er month. Pr ice p er s erv ice v is it
$3500
2 $3,500.00 $7,000.00
3.10/10/2024 L awn Service M aintenance Plan:
Nov emb er:
• 2 mow p er month. Pr ice p er s erv ice v is it
$3500
2 $3,500.00 $7,000.00
4.10/10/2024 L awn Service M aintenance Plan:
Ap ril:
• 2 mow p er month. Pr ice p er s erv ice v is it
$4500
2 $4,500.00 $9,000.00
5.10/10/2024 L awn Service M aintenance Plan:
M ay
• 2 mow p er month. Pr ice p er s erv ice v is it
$4500
2 $4,500.00 $9,000.00
6.10/10/2024 L awn Service M aintenance Plan:
June
1 $4,000.00 $4,000.00
Page 40 of 163
• 1 mow p er month. Pr ice p er s erv ice v is it
$4000
7.10/10/2024 L awn Service M aintenance Plan:
July
• 1 mow p er month. Pr ice p er s erv ice v is it
$4000
1 $4,000.00 $4,000.00
8.10/10/2024 L awn Service M aintenance Plan:
Augus t
• 1 mow p er month. Pr ice p er s erv ice v is it
$4000
1 $4,000.00 $4,000.00
9.10/10/2024 L awn Service M aintenance Plan:
Sep temb er
• 1 mow p er month. Pr ice p er s erv ice v is it
$4000
1 $4,000.00 $4,000.00
Total $93,000.00
A ccepted d ate A ccep ted by
Page 41 of 163
2626 Cole Ave STE 300
Dallas, Texas 75204
972-656-8241
December 10, 2024
Mr. O’Dell,
Thank you for allowing GreenList the opportunity to bid on the mowing of 2 creeks in the Town
of Trophy Club for FY25. GreenList would like to present the following:
Village Trail Creek ($6000 per mow)
• Oct - Nov 2 mows $12,000
• Apr - May 4 mows $24,000
• June - Sept 4 mows $24,000
BNHS Creek ($4500 per mow)
• Oct - Nov 2 mows $9,000
• Apr - May 4 mows $18,000
• June - Sept 4 mows $18,000
Total Estimated Annual Bid $105,000
Thank you in advance and I look forward to establishing a working relationship with the Town of
Trophy Club.
Thank you,
GreenList Services Team
Page 42 of 163
Page 43 of 163
Page 44 of 163
Page 45 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: April Duvall, Director of Finance
AGENDA ITEM: Consider an ordinance amending subsection (i), Annual Capital Improvement
and Maintenance Charge, of Section A1.014, Water and Wastewater Fees for
Public Improvement District No.1, within Appendix A, Fee Schedule, of the
Trophy Club Code of Ordinances, to adopt a monthly surcharge for PID
residents. (April Duvall, Director of Finance)
BACKGROUND/SUMMARY: The Town has received the Trophy Club Municipal Utility District
#1 (District) annual calculation for the Public Improvement District (PID) Surcharge. For
calendar year 2025, the PID residents’ proportional share of MUD operating, maintenance, and
debt service expenditures totals $143,223, equating to $99.24 per household. Based on this
calculation, the PID monthly surcharge remains unchanged from the previous year at $8.27 for
2025.
Over the last several months, the Town and District have worked cooperatively to allow the
District to expand its boundaries to include all areas of Trophy Club, including those areas
within the PID. Effective January 1, 2025, the Town and District successfully achieved this goal.
Residents who live in the PID area are now within the jurisdictional boundaries of the District.
As a result, PID residents will no longer receive a PID Surcharge on their bills beginning with the
billing period starting October 1, 2025. Instead, PID residents will pay for these services
through the District property tax, the same way that residents who have lived within the
District have paid for them. Payment through the District property tax will eliminate the need
for Town assessments and District surcharges to collect these amounts. The PID Surcharge
approved by this action is for a portion of the amount charged through the FY 2025 Budget
process, which included the continuation of assessments and the PID Surcharge through the
current fiscal year, which ends on September 30, 2025.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The Calendar Year 2025 PID monthly surcharge remains unchanged from the
previous year at $8.27 for 2025.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and
legality.
ATTACHMENTS:
1. Ordinance
Page 46 of 163
2. PID Surcharge
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the ordinance amending subsection
(i), Annual Capital Improvement and Maintenance Charge, of Section A1.014, Water and
Wastewater Fees for Public Improvement District No.1, within Appendix A, Fee Schedule, of
the Trophy Club Code of Ordinances, to adopt a monthly surcharge for PID residents.
Page 47 of 163
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 202X-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SUBSECTION (i), "ANNUAL CAPITAL IMPROVEMENTS
AND MAINTENANCE CHARGE," OF SECTION A1.014, "WATER AND
WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1,"
WITHIN APPENDIX A, "FEE SCHEDULE," OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, TO ADOPT A
MONTHLY SURCHARGE APPLICABLE TO CONNECTIONS IN THE
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 IN ORDER TO
PAY THE PID PORTION OF MUD1 OPERATIONS AND MAINTENANCE
BUDGET AND DEBT FOR CALENDAR YEAR 2025; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENAL TY NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club (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, fees imposed by the Town are adopted and codified in Appendix A,
"Fee Schedule," of the Code of Ordinances, Town of Trophy Club, Texas (the "Code");
and
WHEREAS, Appendix A, "Fee Schedule," Section A1.014 of the Code contains
fees for public works for the Trophy Club Public Improvement District No. 1 ("PIO"),
including fees for meters utilized within the PIO; and
WHEREAS, the Town is the owner and/or operator of a water and sewer system
designed to serve present and future inhabitants of the PIO (the "Town System"); and
WHEREAS, under the Amended and Restated Contract for Wholesale Water
Supply and Wastewater Treatment Services and Water And Wastewater Operational
Services between the Town and Trophy Club Municipal Utility District No. 1 dated April
15, 2014 (the "Contract"), the Trophy Club Municipal Utility District No. 1 ("MUD1 ") has
agreed to provide the Town with wholesale water and wastewater services and with
operations services related to the Town System within the boundaries of the PIO
"Property", as that term is defined in the Contract; and
WHEREAS, Sections 7.1 and 7.2 of Article VII of the Contract require the Town to
Page 48 of 163
ORDINANCE NO. 202X-XX PAGE2
charge a fee to the residents of the PIO for the "Annual Capital Improvements and
Maintenance Charge" due to MUD1; and
WHEREAS, MUD1 has issued debt; therefore, pursuant to the Contract, the Town
has determined it appropriate to adopt the fee set forth below in accordance with the
provision of the Contract providing for an Annual Capital Improvements and Maintenance
Charge in order to impose the fee required to fund the PID's percentage share of the
MUD1 Operations and Maintenance budget and debt for calendar year 2025; and
WHEREAS, the Town Council hereby finds that the amendment of Section A 1.014
of the Town's Fee Schedule to adopt the Annual Capital Improvements and Maintenance
Charge in the form of a flat monthly fee as further specified herein meets the Town's
contractual obligations pursuant to the Contract and serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Subsection (i), "Annual capital improvements and maintenance charge" of Section
A 1.014, "Water and wastewater fees for Public Improvement District No. 1," of Appendix
A, "Fee Schedule," of the Town of Trophy Club Code of Ordinances is hereby amended
to read as follows, and all other fees and provisions of Section A 1.014 not specifically
amended hereby shall remain in full force and effect:
"(i) Annual capital improvements and maintenance charge: $8.27 (monthly fee per
connection)"
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
fees and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions
of this Ordinance; whether such ordinances are codified or uncodified, and all other
provisions of the ordinances of the Town of Trophy Club, codified or uncodified, not in
conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior
to the effective date of this Ordinance has been initiated or has arisen under or pursuant
Page 49 of 163
ORDINANCE NO. 202X-XX PAGE3
to such repealed ordinance(s) shall continue to be governed by the provisions of that
ordinance and for that purpose the ordinance shall be deemed to remain and continue in
full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
caption of this Ordinance in the official newspaper of the Town of Trophy Club, Texas, as
required by Section 3.16 of the Charter of the Town of Trophy Club, Texas.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of publication in accordance
with Section 3.16 of the Charter of the Town of Trophy Club, Texas, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 10th day of February 2025.
Page 50 of 163
ORDINANCE NO. 202X-XX PAGE4
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED TO AS FORM:
Dean Roggia, Town Attorney
Page 51 of 163
Description Standard
O&M Revenue from PID Surcharge 27,337.00 19% O&M proportion
I&S Revenue from PID Surcharge 115,886.00 81% I&S proportion
Total 143,223.00
Number of PID Residents 1,444
Standard rate for 12 months (per month)8.27$
Change in Rate from CY24 ($8.27)(0.00)$
Rate = (Total/Number of Residents)/12 Months)
PID SURCHARGE
for Calendar Year 2025
Page 52 of 163
April Duvall
Director of Finance
Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, TX 76262
October 28, 2024
q;L Received By ~ ~
Date:\\ltrJ~
PID Surcharge for Calendar Year 2025
In accordance with Section 7 .2 of the Amended and Restated Contract for Wholesale Water Supply and
Wastewater Treatment Services and Water and Wastewater Operational Services dated April 12, 2014, the
District is providing notice of the Annual Capital Improvements and Maintenance Charge requirements for
calendar year 2025.
Total amount to be collected from Town retail water and wastewater customers is calculated below.
O&M TAX/SURCHARGE RATE
REQUIRED REVENUE
O&M
$113,070•
$95,000 ..
*MUD (All of Dept. 39 Budget)
**PID (Legal and Auditor only Dept 39}
l&S TAX/SURCHARGE RATE
REQUIRED REVENUE
TAX NEW DEBT {l&S)
$400,463
MUD TARRANT COUNTY :
MUD DENTON COUNTY :
DENTON CO. PIO :
TAX/SURCHARGE RATE= REQUIRED REVENUE/TOTAL VALS/100
Vals/100 =
FY 2024 Tax/Surcharge Rate=
Revenue from MUD Tax= $
Revenue from PIO Surcharge= $
Total: $
TAX/SURCHARGE RATE= REQUIRED REVENUE/TOTAL VALS/100
Vals/100=
FY 2024 PIO Surcharge Rate=
Revenue from MUD Tax=
Revenue from PIO Surcharge=
Total:
Total Due to Trophy Club MUD No. 1
I PIO Surcharge Calendar 2024
Trophy Club Municipal Utility District No. 1
100 Municipal Drive, Trophy Club, Texas 76262
(682) 831-4600
$
$
$
$
tcmud org
717,908,930
2,003,954,100
1,106,013,301
38,278,763
0 .00248
85,621
27,449
113,070
38,278,763
0 .01046
284,754
115,708
400,463
143,1s1 1
Page 53 of 163
October 28, 2024
The Town of Trophy Club is responsible for calculat i ng the PID surcharge rate and must provide the new
rate to Trophy Club Municipal Utility District No. 1 with an approved Town Rate Ordinance. In order for the
January 2025 billing to reflect a new PID surcharge rate, the new Town Rate Ordinance must be received by the
District no later than December 31, 2024.
The current 2024 PID surcharge rate per connection per month is set at $8 .37, and as of September 30 t h
the PID had 1,447 total water connections. In January, the District will reconcile the total funds collected from
the PID surcharge for the calendar year and will submit any overage to the Town or if there is a shortage an
invoice will be provided.
Thank you for your prompt attention to this matter, and please contact me if you have any questions.
Regina Van Dyke
Finance Manager
Trophy Club Municipal Utility District No. 1
100 Municipal Drive
Trophy Club, TX 76262
Phone-682-831-4692
Trophy Club Municipal Utility District No . l
l 00 Municipal Drive , Trophy Club, Texas 76262
(682) 831-4600
tcmud org
Page 54 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: April Duvall, Director of Finance
AGENDA ITEM: Consider accepting the Third Quarter Investment Report for Fiscal Year 2024.
(April Duvall, Director of Finance)
BACKGROUND/SUMMARY: The Town’s current interest-bearing accounts had an ending
market value of $40,022,640 as of June 30, 2024, which is an increase of $92,338 since March
31, 2024. Property tax revenue is collected primarily in the first and second quarters of the
fiscal year. The portfolio is liquid with a weighted average life of 55 days.
The total average yield for this quarter was 5.34%, which is the same as the average yield for a
rolling 6-month treasury-bill for the same period.
A substantial portion of the Town’s investments remain placed in the InterBank Insured Cash
Sweep account to take advantage of the fund’s liquidity and the 5.65% yield.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The interest earnings for this quarter amount to $531,500, bringing the Town's
fiscal year-to-date interest earnings to a total of $1,500,714.
LEGAL REVIEW: N/A
ATTACHMENTS:
1. Third Quarter FY 2024 Investment Report
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to accept the Third Quarter Investment Report
for Fiscal Year 2024.
Page 55 of 163
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
June 30, 2024
Prepared by
Valley View Consulting, L.L.C.
Investment Officer/Finance Director
Chief Financial Analyst
Disclaimer:These reports were compiled using information provided by the Town.No procedures were performed to test the accuracy
or completeness of this information.The market values included in these reports were obtained by Valley View Consulting,L.L.C.from
sources believed to be accurate and represent proprietary valuation.Due to market fluctuations these levels are not necessarily
reflective of current liquidation values.Yield calculations are not determined using standard performance formulas,are not
representative of total return yields, and do not account for investment advisor fees.
The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the
Investment Policy and Strategies.
Page 56 of 163
Strategy Summary
Quarter End Results by Investment Category:
Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value
Demand Accounts 0.67%900,784$ 900,784$ 0.72%909,184$ 909,184$
Money Markets/Local Gov't Investment Pools 5.48%33,950,818 33,950,818 5.46%29,943,447 29,943,447
CDs/Securities 5.47%5,078,699.95 5,078,699.95 5.41%9,170,009 9,170,009
Totals 5.37%39,930,302$ 39,930,302$ 5.34%40,022,640$ 40,022,640$
Current Quarter Average Yield (1) Fiscal Year-to-Date Average Yield (2)
Total Portfolio 5.34%Total Portfolio 5.35%
Rolling Three Month Treasury 5.47%Rolling Three Month Treasury 5.48%
Rolling Six Month Treasury 5.34%Rolling Six Month Treasury 5.40%
TexPool 5.31%TexPool 5.33%
Interest Revenue (Approximate)
Quarterly Interest Income 531,500$
Year-to-date Interest Income 1,500,714$
(1) Current Quarter Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month
is used for bank, pool, and money market balances.
(2) Fiscal Year-to-Date Average Yields - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees.
March 31, 2024 June 30, 2024
Town of Trophy Club Valley View Consulting, L.L.C.1
Page 57 of 163
Economic Overview 6/30/2024
The Federal Open Market Committee (FOMC) maintained the Fed Funds target range 5.25% - 5.50% (Effective Fed Funds are trading +/-5.33%). Expectations are for reduced future rates, but any
actions will be meeting-by-meeting and "data-dependent." June Non-Farm Payroll slightly exceeded expectations at 206k new jobs, but the previous two months were revised down causing the
Three Month Rolling Average to fall to 177k. Final First Quarter 2024 GDP reported +1.4%. The S&P 500 Stock Index created new highs above +/-5,500. The yield curve remains inverted but
longer yields rose slightly. Crude Oil trades over $80 per barrel. Inflation declined slighted but remains above the FOMC 2% target (Core PCE +/-2.6% and Core CPI +/-3.4%). Reduced global
economic outlooks and ongoing/expanding military conflicts continue increasing uncertainty.
02505007501,0001,2501,5001,7502,0002,2502,5002,7503,0003,2503,5003,7504,0004,2504,5004,7505,0005,2505,5005,7506,000 S&P 500
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
4.00
4.50
5.00
5.50
6.00 US Treasury Historical Yields -Since Nov 2016
Six Month T-Bill Two Year T-Note Ten Year T-Note
0.00
1.00
2.00
3.00
4.00
5.00
6.00 Treasury Yield Curves
June 30, 2023 March 31, 2024 June 30, 2024
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
4.00
4.50
5.00
5.50
6.00 US Treasury Historical Yields -Since 2006
Six Month T-Bill Two Year T-Note Ten Year T-Note
Valley View Consulting, L.L.C.2
Page 58 of 163
Investment Holdings
Coupon/Maturity Settlement Book Market Market Life
Description Ratings Discount Date Date Par Value Value Price Value (days)Yield
PlainsCapital Bank - Cash 0.72%07/01/24 06/30/24 909,184 909,184 1.00 909,184 1 0.72%
InterBank Money Market Account 5.78%07/01/24 06/30/24 250,154 250,154 1.00 250,154 1 5.78%
InterBank IntraFi MMA 5.65%07/01/24 06/30/24 13,276,853 13,276,853 1.00 13,276,853 1 5.65%
TexPool LGIP AAAm 5.31%07/01/24 06/30/24 12,875,768 12,875,768 1.00 12,875,768 1 5.31%
TexasCLASS LGIP-Gov't AAAm 5.25%07/01/24 06/30/24 3,540,672 3,540,672 1.00 3,540,672 1 5.25%
East West Bank CD 5.37%09/09/24 12/08/23 3,092,307 3,092,307 100.00 3,092,307 71 5.52%
American Nat'l Bank& Trust CD 5.25%03/20/25 12/28/23 2,054,225 2,054,225 100.00 2,054,225 263 5.39%
East West Bank CD 5.21%06/16/25 05/21/24 4,023,476 4,023,476 100.00 4,023,476 351 5.35%
40,022,640$ 40,022,640$ 40,022,640$ 55 5.34%
(1)(2)
June 30, 2024
(1) Weighted average life - For purposes of calculating weighted average life, bank accounts, pools and money market funds are assumed to have an one day maturity.
(2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not
considered. The yield for the reporting month is used for bank accounts, pools and money market funds.
(3) Effective Blended Rate - Stated Earnings Credit Rate (0.70%) and GAIC Interest Rate (0.40%) adjusted for Balance Assessment fee and then calculated as a Weighted Average Yield.
Town of Trophy Club Valley View Consulting, L.L.C.3
Page 59 of 163
Demand
Accounts
2%
MMA/MMF/LGIP
75%
CDs/Securities
23%
Portfolio Composition
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
Total Portfolio (Millions)
Quarter End Book Value
0.00
1.00
2.00
3.00
4.00
5.00
6.00
Total Portfolio Performance
TexPool Weighted Average Yield Rolling 6 Month T-Bill
$0
$5
$10
$15
$20
$25
$30
$35
Distribution by Maturity (Millions)
Town of Trophy Club Valley View Consulting, L.L.C.4
Page 60 of 163
Book & Market Value Comparison
Issuer/Description Yield Maturity
Date
Book Value
03/31/24 Increases Decreases Book Value
06/30/24
Market Value
03/31/24
Change in
Market Value
Market Value
06/30/24
PlainsCapital Bank - Cash 0.72%07/01/24 900,784 8,401 – 909,184 900,784 8,401 909,184
InterBank Money Market Account 5.78%07/01/24 250,192 – (38) 250,154 250,192 (38) 250,154
InterBank IntraFi MMA 5.65%07/01/24 17,124,695 – (3,847,842) 13,276,853 17,124,695 (3,847,842) 13,276,853
TexPool LGIP 5.31%07/01/24 13,136,194 – (260,426) 12,875,768 13,136,194 (260,426) 12,875,768
TexasCLASS LGIP-Non-Gov't 5.47%07/01/24 5,895 – (5,895) – 5,895 (5,895) –
TexasCLASS LGIP-Gov't 5.25%07/01/24 3,433,844 106,829 – 3,540,672 3,433,844 106,829 3,540,672
East West Bank CD 5.52%09/09/24 3,051,186 41,122 – 3,092,307 3,051,186 41,122 3,092,307
American Nat'l Bank& Trust CD 5.39%03/20/25 2,027,514 26,711 – 2,054,225 2,027,514 26,711 2,054,225
East West Bank CD 5.35%06/16/25 – 4,023,476 – 4,023,476 – 4,023,476 4,023,476
TOTAL / AVERAGE 5.34%39,930,302$ 4,206,538$ (4,114,200)$ 40,022,640$ 39,930,302$ 92,338$ 40,022,640$
Town of Trophy Club Valley View Consulting, L.L.C.5
Page 61 of 163
Allocation
June 30, 2024
Book & Market Value
Total General
Fund Debt Service
Storm
Drainage
Utility
EDC
Hotel
Occupancy
Tax
Parkland
Dedication
PlainsCapital Bank - Cash 909,184$ 834,700$ –$ –$ –$ 74,485$ –$
InterBank Money Market 250,154 125,077 – – – – –
InterBank IntraFi MMA 13,276,853 11,759,754 – – – – –
TexPool LGIP 12,875,768 7,245,671 1,990,667 1,817,064 1,822,365 – –
TexasCLASS LGIP-Gov't 3,540,672 – – – – 3,064,931 475,741
East West Bank CD 3,092,307 – – – – – –
American Nat'l Bank& Trust CD 2,054,225 – – – – – –
East West Bank CD 4,023,476 – – – – – –
Total 40,022,640$ 19,965,202$ 1,990,667$ 1,817,064$ 1,822,365$ 3,139,416$ 475,741$
Town of Trophy Club Valley View Consulting, L.L.C.6
Page 62 of 163
Allocation
June 30, 2024
Book & Market Value
PlainsCapital Bank - Cash
InterBank Money Market
InterBank IntraFi MMA
TexPool LGIP
TexasCLASS LGIP-Gov't
East West Bank CD
American Nat'l Bank& Trust CD
East West Bank CD
Total
(Continued)
2021 CO
Bond Funds
2023 CO
Bond Funds CIP Funds
–$ –$ –$
– – 125,077
307,020 1,024,074 186,005
– – –
– – –
– 3,092,307 –
– 2,054,225 –
– 4,023,476 –
307,020$ 10,194,083$ 311,082$
Town of Trophy Club Valley View Consulting, L.L.C.7
Page 63 of 163
Allocation
March 31, 2024
Book & Market Value
Total General
Fund Debt Service
Storm
Drainage
Utility
EDC
Hotel
Occupancy
Tax
Parkland
Dedication
PlainsCapital Bank - Cash 900,784$ 910,370$ –$ –$ –$ (9,586)$ –$
InterBank Money Market 250,192 125,096 – – – – –
InterBank IntraFi MMA 17,124,695 11,593,518 – – – – –
TexPool LGIP 13,136,194 7,761,626 1,931,169 1,757,171 1,686,228 – –
TexasCLASS LGIP-Non-Gov't 5,895 – – – – – 5,895
TexasCLASS LGIP-Gov't 3,433,844 – – – – 2,970,176 463,667
East West Bank CD 3,051,186 – – – – – –
American Nat'l Bank& Trust CD 2,027,514 – – – – – –
Total 39,930,302$ 20,390,609$ 1,931,169$ 1,757,171$ 1,686,228$ 2,960,590$ 469,562$
Town of Trophy Club Valley View Consulting, L.L.C.8
Page 64 of 163
Allocation
March 31, 2024
Book & Market Value
PlainsCapital Bank - Cash
InterBank Money Market
InterBank IntraFi MMA
TexPool LGIP
TexasCLASS LGIP-Non-Gov't
TexasCLASS LGIP-Gov't
East West Bank CD
American Nat'l Bank& Trust CD
Total
(Continued)
2021 CO
Bond Funds
2023 CO
Bond Funds CIP Funds
–$ –$ –$
– – 125,096
1,119,360 3,733,662 678,154
– – –
– – –
– – –
– 3,051,186 –
– 2,027,514 –
1,119,360$ 8,812,362$ 803,250$
Town of Trophy Club Valley View Consulting, L.L.C.9
Page 65 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: April Duvall, Director of Finance
AGENDA ITEM: Consider accepting the Fourth Quarter Investment Report for Fiscal Year
2024. (April Duvall, Director of Finance)
BACKGROUND/SUMMARY: The Town’s current interest-bearing accounts had an ending
market value of $36,669,653 as of September 30, 2024, which is a decrease of $3,352,987 since
June 30, 2024. The Town predominantly collects property tax revenue during the first and
second quarters of the fiscal year. The portfolio exhibits liquidity, characterized by a weighted
average life of 39 days. There is an increase of $4,681,425 in cash compared to the same period
last year.
The total average yield for this quarter was 5.06% which is slightly lower than the average
rolling 6-month Treasury-Bill yield of 5.17% for the same period.
A substantial portion of the Town’s investments remain placed in the InterBank Insured Cash
Sweep account to take advantage of the fund’s liquidity and the 5.15% yield.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The accrued interest for the current quarter amounts to $510,478,
contributing to the Town's year-to-date interest earnings of $2,011,192 in FY 2024.
LEGAL REVIEW: N/A
ATTACHMENTS:
1. Fourth Quarter FY 2024 Investment Report
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to accept the Fourth Quarter Investment
Report for Fiscal Year 2024.
Page 66 of 163
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
September 30, 2024
Prepared by
Valley View Consulting, L.L.C.
Investment Officer/Finance Director
Chief Financial Analyst
Disclaimer:These reports were compiled using information provided by the Town.No procedures were performed to test the accuracy
or completeness of this information.The market values included in these reports were obtained by Valley View Consulting,L.L.C.from
sources believed to be accurate and represent proprietary valuation.Due to market fluctuations these levels are not necessarily
reflective of current liquidation values.Yield calculations are not determined using standard performance formulas,are not
representative of total return yields, and do not account for investment advisor fees.
The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the
Investment Policy and Strategies.
Page 67 of 163
FYE Results by Investment Category:
Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value
Demand Accounts 1.52%1,274,925$ 1,274,925$ 0.69%1,053,348$ 1,053,348$
Money Markets/Local Gov't Investment Pools 5.44%30,713,303 30,713,303 5.15%29,458,061 29,458,061
Totals 31,988,228$ 31,988,228$ 36,669,653$ 36,669,653$
Fourth Quarter-End Yield 5.28%5.06%
Average Quarter-End Yields (1):
2023 Fiscal Year 2024 Fiscal Year
Trophy Club 4.67%5.28%
Rolling Three Month Treasury 4.95%5.42%
Rolling Six Month Treasury 4.77%5.34%
TexPool 4.74%5.29%
Fiscal YTD Interest Earnings 1,201,562$ (Approximate)2,011,192$ (Approximate)
(1) Average Quarterly Yield calculated using quarter-end report average yield and adjusted book value.
September 30, 2023 September 30, 2024
Annual Comparison
Town of Trophy Club Valley View Consulting, L.L.C.1
Page 68 of 163
Strategy Summary
Quarter End Results by Investment Category:
Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value
Demand Accounts 0.72%909,184$ 909,184$ 0.69%1,053,348$ 1,053,348$
Money Markets/Local Gov't Investment Pools 5.46%29,943,447 29,943,447 5.15%29,458,061 29,458,061
CDs/Securities 5.41%9,170,008.53 9,170,008.53 5.36%6,158,245 6,158,245
Totals 5.34%40,022,640$ 40,022,640$ 5.06%36,669,653$ 36,669,653$
Current Quarter Average Yield (1) Fiscal Year-to-Date Average Yield (2)
Total Portfolio 5.06%Total Portfolio 5.28%
Rolling Three Month Treasury 5.24%Rolling Three Month Treasury 5.42%
Rolling Six Month Treasury 5.17%Rolling Six Month Treasury 5.34%
TexPool 5.16%TexPool 5.29%
Interest Revenue (Approximate)
Quarterly Interest Income 510,478$
Year-to-date Interest Income 2,011,192$
(1) Current Quarter Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month
is used for bank, pool, and money market balances.
(2) Fiscal Year-to-Date Average Yields - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees.
June 30, 2024 September 30, 2024
Town of Trophy Club Valley View Consulting, L.L.C.2
Page 69 of 163
Economic Overview11/30/2024The Federal Open Market Committee (FOMC) reduced the Fed Funds target range to 4.50% - 4.75% (Effective Fed Funds trade +/-4.56%). Expectations are for an additional 0.25% cut 12/18, although any actions will be meeting-by-meeting and "data-dependent." Nov Non-Farm Payroll improved to +227k new jobs, with the previous two months revised upward boosting the Three Month Rolling Average +173k (from the previous 104k). Third Quarter 2024 GDP, second estimate, remained +2.8. The S&P 500 Stock Index exceeded 6,000 making new records. The yield curve pivoted to slightly flatter. Crude Oil dropped below $70+ per barrel. Inflation remains above the FOMC 2% target (Core PCE +/-2.8% and Core CPI +/-3.3%). Declining global economic outlook and ongoing/expanding international political disruptions continue increasing uncertainty. 02505007501,0001,2501,5001,7502,0002,2502,5002,7503,0003,2503,5003,7504,0004,2504,5004,7505,0005,2505,5005,7506,0006,2506,500S&P 5000.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since Nov 2018Six Month T-BillTwo Year T-NoteTen Year T-Note0.001.002.003.004.005.006.00Treasury Yield CurvesNovember 30, 2023August 31, 2024November 30, 20240.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since 2006Six Month T-BillTwo Year T-NoteTen Year T-NoteAll numbers estimated and subject to change.Valley View Consulting, L.L.C.3Page 70 of 163
Investment Holdings
Coupon/Maturity Settlement Book Market Market Life
Description Ratings Discount Date Date Par Value Value Price Value (days)Yield
PlainsCapital Bank - Cash 0.69%10/01/24 09/30/24 1,053,348$ 1,053,348$ 1.00 1,053,348$ 1 0.69%
InterBank Money Market Account 5.57%10/01/24 09/30/24 250,113 250,113 1.00 250,113 1 5.57%
InterBank IntraFi MMA 5.15%10/01/24 09/30/24 16,603,040 16,603,040 1.00 16,603,040 1 5.15%
TexPool LGIP AAAm 5.16%10/01/24 09/30/24 9,017,615 9,017,615 1.00 9,017,615 1 5.16%
TexasCLASS LGIP-Gov't AAAm 5.11%10/01/24 09/30/24 3,587,293 3,587,293 1.00 3,587,293 1 5.11%
American Nat'l Bank& Trust CD 5.25%03/20/25 12/28/23 2,081,587 2,081,587 100.00 2,081,587 171 5.39%
East West Bank CD 5.21%06/16/25 05/21/24 4,076,657 4,076,657 100.00 4,076,657 259 5.35%
36,669,653$ 36,669,653$ 36,669,653$ 39 5.06%
(1)(2)
September 30, 2024
(1) Weighted average life - For purposes of calculating weighted average life, bank accounts, pools and money market funds are assumed to have an one day maturity.
(2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not
considered. The yield for the reporting month is used for bank accounts, pools and money market funds.
(3) Effective Blended Rate - Stated Earnings Credit Rate (0.70%) and GAIC Interest Rate (0.40%) adjusted for Balance Assessment fee and then calculated as a Weighted Average Yield.
Town of Trophy Club Valley View Consulting, L.L.C.4
Page 71 of 163
Demand
Accounts
3%
MMA/MMF/LGIP
80%
CDs/Securities
17%
Portfolio Composition
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
Total Portfolio (Millions)
Quarter End Book Value
0.00
1.00
2.00
3.00
4.00
5.00
6.00
Total Portfolio Performance
TexPool Weighted Average Yield Rolling 6 Month T-Bill
$0
$5
$10
$15
$20
$25
$30
$35
Distribution by Maturity (Millions)
Town of Trophy Club Valley View Consulting, L.L.C.5
Page 72 of 163
Book & Market Value Comparison
Issuer/Description Yield Maturity
Date
Book Value
06/30/24 Increases Decreases Book Value
09/30/24
Market Value
06/30/24
Change in
Market Value
Market Value
09/30/24
PlainsCapital Bank - Cash 0.69%10/01/24 909,184$ 144,163$ –$ 1,053,348$ 909,184$ 144,163$ 1,053,348$
InterBank Money Market Account 5.57%10/01/24 250,154 – (41) 250,113 250,154 (41) 250,113
InterBank IntraFi MMA 5.15%10/01/24 13,276,853 3,326,187 – 16,603,040 13,276,853 3,326,187 16,603,040
TexPool LGIP 5.16%10/01/24 12,875,768 – (3,858,153) 9,017,615 12,875,768 (3,858,153) 9,017,615
TexasCLASS LGIP-Gov't 5.11%10/01/24 3,540,672 46,621 – 3,587,293 3,540,672 46,621 3,587,293
East West Bank CD 5.52%09/09/24 3,092,307 – (3,092,307) – 3,092,307 (3,092,307) –
American Nat'l Bank& Trust CD 5.39%03/20/25 2,054,225 27,362 – 2,081,587 2,054,225 27,362 2,081,587
East West Bank CD 5.35%06/16/25 4,023,476 53,181 – 4,076,657 4,023,476 53,181 4,076,657
TOTAL / AVERAGE 5.06%40,022,640$ 3,597,514$ (6,950,501)$ 36,669,653$ 40,022,640$ (3,352,986)$ 36,669,653$
Town of Trophy Club Valley View Consulting, L.L.C.6
Page 73 of 163
Allocation
September 30, 2024
Book & Market Value
Total General
Fund Debt Service
Storm
Drainage
Utility
EDC
Hotel
Occupancy
Tax
Parkland
Dedication
PlainsCapital Bank - Cash 1,053,348$ 929,826$ –$ –$ –$ 123,522$ –$
InterBank Money Market 250,113 125,056 – – – – –
InterBank IntraFi MMA 16,603,040 11,928,887 – – – – –
TexPool LGIP 9,017,615 5,074,380 255,335 1,841,264 1,846,636 – –
TexasCLASS LGIP-Gov't 3,587,293 – – – – 3,105,288 482,006
American Nat'l Bank& Trust CD 2,081,587 – – – – – –
East West Bank CD 4,076,657 – – – – – –
Total 36,669,653$ 18,058,149$ 255,335$ 1,841,264$ 1,846,636$ 3,228,809$ 482,006$
Town of Trophy Club Valley View Consulting, L.L.C.7
Page 74 of 163
Allocation
September 30, 2024
Book & Market Value
PlainsCapital Bank - Cash
InterBank Money Market
InterBank IntraFi MMA
TexPool LGIP
TexasCLASS LGIP-Gov't
American Nat'l Bank& Trust CD
East West Bank CD
Total
(Continued)
2021 CO
Bond Funds
2023 CO
Bond Funds CIP Funds
–$ –$ –$
– – 125,056
3,423,952 1,391,257 (141,056)
– – –
– – –
– 2,081,587 –
– 4,076,657 –
3,423,952$ 7,549,502$ (16,000)$
Town of Trophy Club Valley View Consulting, L.L.C.8
Page 75 of 163
Allocation
June 30, 2024
Book & Market Value
Total General
Fund Debt Service
Storm
Drainage
Utility
EDC
Hotel
Occupancy
Tax
Parkland
Dedication
PlainsCapital Bank - Cash 909,184$ 834,700$ –$ –$ –$ 74,485$ –$
InterBank Money Market 250,154 125,077 – – – – –
InterBank IntraFi MMA 13,276,853 11,759,754 – – – – –
TexPool LGIP 12,875,768 7,245,671 1,990,667 1,817,064 1,822,365 – –
TexasCLASS LGIP-Gov't 3,540,672 – – – – 3,064,931 475,741
East West Bank CD 3,092,307 – – – – – –
American Nat'l Bank& Trust CD 2,054,225 – – – – – –
East West Bank CD 4,023,476 – – – – – –
Total 40,022,640$ 19,965,202$ 1,990,667$ 1,817,064$ 1,822,365$ 3,139,416$ 475,741$
Town of Trophy Club Valley View Consulting, L.L.C.9
Page 76 of 163
Allocation
June 30, 2024
Book & Market Value
PlainsCapital Bank - Cash
InterBank Money Market
InterBank IntraFi MMA
TexPool LGIP
TexasCLASS LGIP-Gov't
East West Bank CD
American Nat'l Bank& Trust CD
East West Bank CD
Total
(Continued)
2021 CO
Bond Funds
2023 CO
Bond Funds CIP Funds
–$ –$ –$
– – 125,077
307,020 1,024,074 186,005
– – –
– – –
– 3,092,307 –
– 2,054,225 –
– 4,023,476 –
307,020$ 10,194,083$ 311,082$
Town of Trophy Club Valley View Consulting, L.L.C.10
Page 77 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: Patrick Arata, Chief of Police
AGENDA ITEM: Consider accepting the Trophy Club Police Department's 2024 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
2024 Report was prepared and filed with the State of Texas by Del Carman Consulting. In 2024,
the Trophy Club Police Department collected and reported traffic and motor vehicle 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 2024 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 Profilling Law. Section three contains
statistical data for motor vehicle stops conducted between January 1, 2024, and December 31,
2024.
The Summary of Findings section on page 26 states, "The comprehensive data analysis
preformed serves as evidence that the Trophy Club Plice Department has complied with the
Texas Racial Profilling 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 7,029 total motor-vehicle stops in 2024, and detailed information
collected from those stops is available in the report, which is also available on the Town's
website. The TCPD did not receive any complaints on any members of its police service for
having violated the Texas Racial Profiling Law during the time period of January 1, 2024
through December 31, 2024.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: There is no financial impact associated with this agenda item.
Page 78 of 163
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 2024 Racial Profiling Report
2. Presentation
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to accept the Trophy Club Police Department's
2024 Racial Profiling Report.
Page 79 of 163
TROPHY CLUB
Police Department
Page 80 of 163
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 81 of 163
January 28, 2025
Trophy Club City Council
1 Trophy Wood Dr.
Trophy Club, TX 76262
In this annual report, you will find three sections with information on motor vehicle-related contacts. In
addition, when applicable, documentation is included which demonstrates the way 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.
Section three contains statistical data relevant to contacts (as defined by the law) which were made during
motor vehicle stops that took place between 1/1/24 and 12/31/24. Further, this section includes the Tier 2
form, which is required to be submitted to TCOLE (Texas Commission on Law Enforcement) and the law
enforcement agency?s local governing authority by March 1 of each year. The data in this report has been fully
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 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,
The Texas Racial Profiling Law was enacted by the Texas Legislature in
2001, with the intent of addressing the issue of racial profiling in
policing. 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. I am pleased to report that all of
these requirements have been met by the Trophy Club Police
Department and are included in this report.
Page 82 of 163
33 Table of ContentsINTRODUCTION
Letter to Council Members
Table of Contents
RESPONDING TO THE LAW
Public Education on Filing Compliments and Complaints
Racial Profiling Course Number 3256
Reports on Compliments and Racial Profiling Complaints
Tier 2 Data (Includes tables)
ANALYSIS AND INTERPRETATION OF DATA
Tier 2 Motor Vehicle-Related Contact Analysis
Comparative Analysis
Summary of Findings
Checklist
LEGISLATIVE AND ADMINISTRATIVE ADDENDUM
TCOLE Guidelines
The Texas Law on Racial Profiling
Modifications to the Original Law
Racial and Ethnic Designations
The Sandra Bland Act
Trophy Club Police Department Racial Profiling Policy
2
4
3
5
11
13
23
24
26
27
29
34
41
49
50
51
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Informing the Public on the Process of Filing a Compliment
or Complaint with the Trophy Club Police Department
The Texas Racial Profiling Law requires that police agencies provide information to the public
regarding the manner in which to file a compliment or racial profiling complaint. In an effort
to comply with this particular component, the Trophy Club Police Department launched an
educational campaign aimed at informing the public on issues relevant to the racial profiling
complaint process.
The police department made available, in the lobby area and on its web site, information
relevant to filing a compliment and complaint on a racial profiling violation by a Trophy Club
Police Officer. In addition, each time an officer issues a citation, ticket or warning, information
on how to file a compliment or complaint is given to the individual cited. This information is in
the form of a web address (including in the document issued to the citizen), which has
instructions and details specifics related to the compliment or complaint processes.
It is believed that through these efforts, the community has been properly informed of the
new policies and the complaint processes relevant to racial profiling.
All Trophy Club Police Officers have been instructed, as specified in the Texas Racial Profiling
Law, to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law
Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers
of the Trophy Club Police Department have completed the TCOLE basic training on racial
profiling. The main outline used to train the officers of Trophy Club has been included in this
report.
It is important to recognize that the Chief of the Trophy Club Police Department has also met
the training requirements, as specified by the Texas Racial Profiling Law, in the completion of
the LEMIT program on racial profiling. The satisfactory completion of the racial profiling
training by the sworn personnel of the Trophy Club Police Department fulfills the training
requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law.
4
Public Education on Responding to
Compliments and Complaints
Page 84 of 163
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.
5
Racial Profiling Course 3256
Texas Commission on Law Enforcement
September 2001
Page 85 of 163
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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
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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 87 of 163
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 88 of 163
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 89 of 163
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:
10
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11
Report on Compliments and
Racial Profiling Complaints
Page 91 of 163
-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 1/1/24-12/31/24 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 1/1/24-12/31/24.
Complaints Filed for Possible Violations of The Texas Racial Profiling Law
Complaint Number Alleged Violation Disposition of the Case
Additional Comments:
12
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555-555-5555
1234 5th Ave. NYC, NY 00000
13
Male Total: 4,450TOTAL STOPS: 7,029
RACE OR ETHNICITY
Alaska Native/American Indian 147
Asian/Pacific Islander 536
Black 818
White 4,337
Hispanic/Latino 1,191
WAS RACE OR ETHNICITY KNOWN PRIOR
TO STOP?
Yes 76
No 6,953
STREET ADDRESS OR APPROXIMATE
LOCATION OF STOP.
City Street 7,007
US Highway 0
State Highway 4
County Road 12
Private Property 6
GENDER
Female Total: 2,579
Alaska Native/American Indian 33
Asian/Pacific Islander 170
Black 307
White 1,738
Hispanic/Latino 331
Alaska Native/American Indian 114
Asian/Pacific Islander 366
Black 511
White 2,599
Hispanic/Latino 860
REASON FOR STOP?
Violation of Law Total: 108
Alaska Native/American Indian 1
Asian/Pacific Islander 4
Black 3
White 79
Hispanic/Latino 21
Pre-existing Knowledge Total: 9
Alaska Native/American Indian 0
Asian/Pacific Islander 2
Black 3
White 3
Hispanic/Latino 1
Moving Traffic Violation Total: 5,109
Alaska Native/American Indian 118
Asian/Pacific Islander 455
Black 583
White 3,130
Hispanic/Latino 823
Tables Illustrating Motor MotorMotVehicle-Related Contacts
TIER 2 DATA
Page 93 of 163
14
Vehicle Traffic Violation Total: 1,803
Alaska Native/American Indian 28
Asian/Pacific Islander 75
Black 229
White 1,125
Hispanic/Latino 346
WAS SEARCH CONDUCTED?
REASON FOR SEARCH?
Consent Total: 6
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 1
White 3
Hispanic/Latino 2
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 1
White 4
Hispanic/Latino 0
Probable Cause Total: 87
Alaska Native/American Indian 2
Asian/Pacific Islander 1
Black 33
White 30
Hispanic/Latino 21
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Incident to Arrest Total : 14
Alaska Native/American Indian 0
Asian/Pacific Islander 1
Black 4
White 7
Hispanic/Latino 2
YES NO
Alaska Native/American Indian 2 145
Asian/Pacific Islander 2 534
Black 39 779
White 44 4,293
Hispanic/Latino 25 1,166
TOTAL 112 6,917
Inventory Total: 0
Contraband (in plain view) Total: 5
TIER 2 DATA TIER 2 DATA
Page 94 of 163
WAS CONTRABAND DISCOVERED?
Did the finding result in arrest?
YES NO
Alaska Native/American Indian 0 1
Asian/Pacific Islander 1 1
Black 6 27
White 8 25
Hispanic/Latino 6 14
TOTAL 21 68
DESCRIPTION OF CONTRABAND
Drugs Total: 71
Alaska Native/American Indian 1
Asian/Pacific Islander 2
Black 31
White 22
Hispanic/Latino 15
Currency Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Weapons Total: 3
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 1
White 2
Hispanic/Latino 0
Alcohol Total: 10
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 4
White 4
Hispanic/Latino 2
YES NO
Alaska Native/American Indian 1 1
Asian/Pacific Islander 2 0
Black 33 6
White 33 11
Hispanic/Latino 20 5
TOTAL 89 23
15
TIER 2 DATA
Page 95 of 163
Stolen Property Total: 1
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 1
White 0
Hispanic/Latino 0
Other Total: 23
Alaska Native/American Indian 1
Asian/Pacific Islander 1
Black 6
White 10
Hispanic/Latino 5
RESULT OF THE STOP
Verbal Warning Total: 28
Alaska Native/American Indian 1
Asian/Pacific Islander 1
Black 0
White 25
Hispanic/Latino 1
Written Warning Total: 4,713
Alaska Native/American Indian 84
Asian/Pacific Islander 326
Black 557
White 3,093
Hispanic/Latino 653
Citation Total: 2,260
Alaska Native/American Indian 62
Asian/Pacific Islander 208
Black 252
White 1,208
Hispanic/Latino 530
Written Warning and Arrest Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Citation and Arrest Total: 0
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 0
Arrest Total: 28
Alaska Native/American Indian 0
Asian/Pacific Islander 1
Black 9
White 11
Hispanic/Latino 7
16
TIER 2 DATA
Page 96 of 163
Alaska Native/American Indian 0
Asian/Pacific Islander 1
Black 6
White 8
Hispanic/Latino 6
Violation of Penal Code Total: 21
ARREST BASED ON
Violation of Traffic Law Total: 1
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 0
White 0
Hispanic/Latino 1
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: 6
Alaska Native/American Indian 0
Asian/Pacific Islander 0
Black 3
White 3
Hispanic/Latino 0
Was physical force used resulting in bodily
injury during the stop?
YES NO
Alaska Native/American Indian 0 147
Asian/Pacific Islander 0 536
Black 1 817
White 3 4,334
Hispanic/Latino 1 1,190
TOTAL 5 7,024
17
TIER 2 DATA
Page 97 of 163
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
147 62 1 84 2%3%4%2%
Asian/ Pacific
Islander
536 208 1 326 8%9%4%7%
Black 818 252 0 557 12%11%0%12%
White 4,337 1,208 25 3,093 62%53%89%66%
Hispanic/ Latino 1,191 530 1 653 17%23%4%14%
TOTAL 7,029 2,260 28 4,713 100%100%100%100%
18
Tables I llustrating M otor Vehicle
Related Contact D ata
Page 98 of 163
Race/Ethnicity Contact Percentage Households with Vehicle Access
Alaska Native/American Indian 2%0%
Asian/Pacific Islander 8%5%
Black 12%14%
White 62%60%
Hispanic/Latino 17%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 2 0 0
Asian/Pacific Islander 2 0 1
Black 39 1 9
White 44 3 11
Hispanic/Latino 25 2 7
TOTAL 112 6 28
19
Page 99 of 163
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
1 03/08/24 2101 Hwy 114 Traffic Stop
2 03/08/24 US 377 & Bobcat Traffic Stop
3 05/16/24 101 Trophy Lake Dr.Dispatched to call
4 07/07/24 352 Sheri Ln.Agency Assist
5 12/29/24 699 Indian Creek Dr.Traffic Violation
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
2 1 1 0 2%1%4%0%
Asian/
Pacific
Islander
2 2 0 1 2%2%0%4%
Black 39 33 6 9 35%37%26%32%
White 44 33 11 11 39%37%48%39%
Hispanic/
Latino
25 20 5 7 22%22%22%25%
TOTAL 112 89 23 28 100%100%100%100%
20
Page 100 of 163
Table 6. Report on Audits.
The following table contains data regarding the number and outcome of required data audits
during the period of 1/1/24-12/31/24.
Audit
Data
Number of Data
Audits Completed
Date of Completion Outcome of Audit
1 1 03/01/24 Data was valid and reliable
2 1 06/01/24 Data was valid and reliable
3 1 09/01/24 Data was valid and reliable
4 1 12/01/24 Data was valid and reliable
ADDITIONAL COMMENTS:
Race/Ethnicity Number Percent
Alaska Native/American Indian 0 0%
Asian/Pacific Islander 0 0%
Black 1 20%
White 3 60%
Hispanic/Latino 1 20%
TOTAL 5 100%
Table 7. Instance Where Force Resulted in Bodily Injury.
21
Page 101 of 163
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
1 0 0 0 5%0%0%0%
Black 6 0 0 3 29%0%0%50%
White 8 0 0 3 38%0%0%50%
Hispanic/ Latino 6 1 0 0 29%100%0%0%
TOTAL 21 1 0 6 100%100%0%100%
Race/ Ethnicity Searches Contraband
Found Yes
Contraband
Hit Rate
Search
Percent
Contraband
Percent
Alaska Native/ American Indian 2 1 50%2%1%
Asian/ Pacific Islander 2 2 100%2%2%
Black 39 33 85%35%37%
White 44 33 75%39%37%
Hispanic/Latino 25 20 80%22%22%
22
Page 102 of 163
As previously noted, 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 version of the 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 main 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 referenced earlier, in 2009 the Texas Legislature passed House Bill 3389, which modified the
Racial Profiling Law by adding new requirements; this took effect on January 1, 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
A nalysis and I nterpretation of D ata
Page 103 of 163
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.
In an effort to comply with The Texas Racial Profiling/Sandra Bland Law, the Trophy Club Police
Department commissioned the analysis of its 2024 contact data. Hence, two different types of data
analyses were performed. The first of these involved a careful evaluation of the 2024 motor
vehicle-related data. This particular analysis measured, as required by law, the number and percentage
of Whites, Blacks, Hispanics or Latinos, Asians and Pacific Islanders, Alaska Natives and American
Indians, 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 2024 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 agreed with our recommendation to rely in part, 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
Page 104 of 163
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 2024 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, major 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 (2024) Motor Vehicle-Related Contact Analysis
When examining the enhanced and more detailed Tier 2 data collected in 2024, 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
Hispanics.
While reviewing searches and arrests, the data showed that most searches took place among Whites.
When considering all searches, most were consented by Whites and Hispanics, while most custody
arrests were also of Whites. Overall, most searches resulted in contraband; of those that produced
contraband, most were of Whites and 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 reports five instances where force
was used that resulted in bodily injury.
Comparative Analysis
A comprehensive analysis of the motor vehicle contacts made in 2024 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 and Hispanics who came in contact
with police was the same or lower than the percentage of Black and Hispanic households in DFW that
claimed in the last census to have access to vehicles. The opposite was true of Whites, Asians, and
American Indians. That is, a higher percentage of Whites, Asians, and American Indians came in contact
with police than the percentage of White, Asian, 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
White, Asian, and American Indian contacts with households is of 3% or less; thus, deemed by some as
statistically insignificant.
25
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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 Hispanics. This means that among all
searches performed in 2024, the most significant percentage of these that resulted in contraband was
among Asians. The lowest contraband hit rate was among American Indians.
Summary of Findings
As previously noted, 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 2025 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 accepted or tolerated.
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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, 2025.
Adopt a policy, if video/audio equipment is installed, on standards for
reviewing video and audio documentation.
27
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Legislative & Administrative
28
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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.”
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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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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
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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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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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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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39
(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
Page 144 of 163
65
TROPHY CLUB
POLICE DEPARTMENT
RACIAL PROFILING POLICY
Page 145 of 163
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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Poli cy Manual
RACIAL PROFILING I BIAS BASED PROFILING
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.
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The Chief of Police shall , in completing the training required by Section 96.641, Texas 777
Education Code , complete the program on racial profiling established by the Bill Blackwood Law
Enforcement management Institute of Texas (LEMIT).
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Copyright: This report may not be altered or reproduced outside the agreed terms, in any manner whatsoever
without the written permission of the author.
Copyright 2023 Del Carmen Consulting
All Rights Reserved.
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
organizations as a result of the information contained in this report.
Page 153 of 163
Trophy Club Police Department
2024 Racial Profiling Report
DEL CARMEN Consulting
Law Enforcement Experts
Page 154 of 163
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 155 of 163
2024
Total Stops 7,029
2023
Total Stops 5,312
2024
Citation Total: 2,260
2023
Citation Total: 2,103
Data
Page 156 of 163
Race/ Ethnicity Contact Percentage Households with
Vehicle Access
Alaska Native/American Indian 2%0%
Asian/Pacific Islander 8%5%
Black 12%14%
White 62%60%
Hispanic/Latino 17%19%
Total 100%98%
Fair Road Standard Comparison
Page 157 of 163
Race/ Ethnicity All
Contacts Citations Verbal
Warning
Written
Warning
Contact
Percent Citation Percent Verbal
Percent
Written
Percent
Alaska
Native/American
Indian
147 62 1 84 2%3%4%2%
Asian/Pacific
Islander 536 208 1 326 8%9%4%7%
Black 818 252 0 557 12%11%0%12%
White 4,337 1,208 25 3,093 62%53%89%66%
Hispanic/Latino 1,191 530 1 653 17%23%4%14%
Total 7,029 2,260 28 4,713 100%100%100%100%
Motor Vehicle-Related Contacts
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Race/
Ethnicity Searches Contraband
Found Yes
Contraband
Found No Arrests Percent
Searches
Percent
Contraband
Found
Percent No
Contraband
Percent
Arrest
Alaska
Native/
American
Indian
2 1 1 0 2%1%4%0%
Asian/
Pacific
Islander
2 2 0 1 2%2%0%4%
Black 39 33 6 9 35%37%26%32%
White 44 33 11 11 39%37%48%39%
Hispanic/
Latino 25 20 5 7 22%22%22%25%
Total 112 89 23 28 100%100%100%100%
SEARCH DATA
Page 159 of 163
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 160 of 163
Questions
Page 161 of 163
TOWN COUNCIL COMMUNICATION
MEETING DATE: February 10, 2025
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider designating one Council Member to serve on the Town Council
Appointments Committee tasked with making recommendations to the full
Council regarding appointments to all Boards, Commissions, and
Corporations. (Tammy Dixon, Town Secretary).
BACKGROUND/SUMMARY: Consistent with Section 9.1 of the Town Council Rules of
Procedure Manual, the Town Council Appointments Committee is established to interview
applicants and make recommendations to the full Council regarding appointments to all boards
and commissions during the annual appointment process and during the year in the event of
mid-year vacancies.
Due to the resignation of Council Member LuAnne Oldham, one vacancy currently exists on the
Town Council Appointments Committee. The current term of those appointed to serve on this
subcommittee is through the first Town Council Meeting in June 2025. The appointed Council
Member filling the vacant seat will serve on this Council committed through June 2025.
Section 1.2 of the Town Council Rules of Procedure Manual states that the Mayor may present
recommendations for members of the Appointments Committee and open the floor for
additional nominations, all subject to the approval of the Town Council. Town Council
Members may propose changes or make their own nominations for the Appointments
Committee.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: There is no financial impact associated with this agenda item.
LEGAL REVIEW: N/A
ATTACHMENTS:
None
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to designate one Council Member to serve on
the Town Council Appointments Committee tasked with making recommendations to the full
Council regarding appointments to all Boards, Commissions, and Corporations.
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