Complete Agenda Packet - 02/11/2020 (AMENDED)Town Council
Town of Trophy Club
Meeting Agenda
1 Trophy Wood Drive
Trophy Club, Texas 76262
Council Chambers7:00 PMTuesday, February 11, 2020
AMENDED
A quorum of the Town Council will be present at Trophy Club Town Hall, 1 Trophy
Wood Drive, Trophy Club, Texas 76262 on Tuesday, February 11, 2020 at 7:00 p.m.
The Mayor will preside over the meeting and will be present at Trophy Club Town
Hall. One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code. Two way
audio and video communication will be provided and members of the public may
speak.
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to four (4) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
ANNOUNCEMENTS AND REPORTS
1.2020-004-T Receive Town Manager Norwood’s update and provide input regarding the following (S.
Norwood):
*May 2, 2020 Election
Town Council Meeting Page 1 of 170 Meeting Date: Tuesday, February 11, 2020
February 11, 2020Town Council Meeting Agenda
2.2020-005-T Receive Town Council Liaison update; discussion of same (S. Norwood):
*Parks and Recreation Board, January 20, 2020
Council Liaison - Council Member Michael Geraci
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
3.2020-006-T Consider and take appropriate action regarding the Town Council Regular Session
Minutes dated January 14, 2020 (S. Norwood).
DRAFT TC Regular Session Minutes January 14, 2020.pdfAttachments:
4.2020-009-T Consider and take appropriate action regarding the Town Council Retreat Minutes dated
February 1, 2020 (S. Norwood).
DRAFT TC Retreat Session Minutes February 1, 2020.pdfAttachments:
5.2020-061-T Consider and take appropriate action regarding the First Quarter Investment Report for
Fiscal Year 2020 and revised Fourth Quarter Investment Report for Fiscal Year 2019 (S.
Norwood).
1st Quarter Investment Report FY19-20.pdf
FY 2020 Q1 Investment Report.pdf
Revised -4th Quarter Investment Report FY18-19.pdf
Revised - FY 2019 Q4 Investment Report.pdf
Attachments:
6.2020-014-T Receive Annual Racial Profiling Report (S. Norwood).
Trophy Club PD 2019 Racial Profiling Report - 1.21.2020.pdf
Annual Racial Profiling Report 1-2020.pdf
Attachments:
7.2020-027-T Consider and take appropriate action regarding a Resolution approving the submission of
a Grant Application to participate in the U.S. Justice Assistance Grant Program for the
Police Department; authorizing the Mayor or his designee to execute all necessary
documents; and providing an effective date (S. Norwood).
Drug Interdiction Juvenile Justice Grant Program-2020.pdf
RES.2020-01 - Drug Interdiction & Juvenile Resource Officer TCPD.pdf
Attachments:
Town Council Meeting Page 2 of 170 Meeting Date: Tuesday, February 11, 2020
February 11, 2020Town Council Meeting Agenda
8.2020-016-T Consider and take appropriate action regarding a Joint Election Agreement and Contract
between the Town of Trophy Club and Denton County Elections for administration of the
Town’s May 2, 2020 General and Special Elections; and authorize the Mayor or his
designee to execute all necessary documents (S. Norwood).
Joint Election Agreement - May 2, 2020 - Denton County.pdf
Denton County Agreement - General Elections May 2, 2020.pdf..pdf
Attachments:
9.2020-049-T Consider and take appropriate action regarding a requisition request for procurement for
Microsoft licensing from SHI Government Solutions; and authorizing the Mayor or his
designee to execute all necessary documents (S. Norwood).
Microsoft Licensing 2020.pdfAttachments:
10.2020-062-T Consider and take appproriate action regarding an Ordinance amending Article A1.012
Parks and Recreation and Special Events, General Provisions, of Appendix A, Fee
Schedule, within the Town's Code of Ordinances, and provide an effective date (S.
Norwood).
ORD 2020-04 Amending A1_012 of Park's Fee Schedule.pdf
Parks and Rec Fee Schedule Change 2020.pdf
Attachments:
REGULAR SESSION
11.2020-019-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club
ordering and calling a Special Election to be held on May 2, 2020 for the purpose of
submitting to the voters various proposed amendments to the Town’s Home Rule Charter;
and providing an effective date (S. Norwood).
ORD.2020-03 - Charter Review Commission.pdfAttachments:
12.2020-063-T Receive a live demonstration of the Trophy Club Police Department's City Protect online
Software (S. Norwood).
13.2020-068-T Consider and take appropriate action regarding the appointment of two council members
to a Joint Town Council/MUD Committee regarding Town and MUD assets (Mayor
Sanders).
14.2020-020-T Discussion of items for Future Agenda to include agenda items for consideration on the
February 25, 2020 Council agenda and items from the Town Council Future Agenda
Items list (S. Norwood).
A). Item No. 2 from the Future Agenda Items list: Receive an update from Town
Staff regarding Entryway Monumentation and Landscaping for the Town of Trophy
Club. (Sanders 2/27/2018) (1-May 22, 2018) (2-August 28, 2018) (3-December
11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6-July 23, 2019) (7-October 22,
2019) (8-February 11, 2020)
B). Item No. 8 from the Future Agenda Items list: Review amending the Meetings
and Rules of Procedure to have a provision for excused absences. (Shoffner &
Sanders 10/22/2019) (1-February 11, 2020)
Town Council Meeting Page 3 of 170 Meeting Date: Tuesday, February 11, 2020
February 11, 2020Town Council Meeting Agenda
EXECUTIVE SESSION
AMENDED
15.2020-074-T Pursuant to the following designated sections of the Texas Government Code, Annotated,
Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session
to discuss the following:
A). Section 551.074 Personnel Matters to discuss or deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a public
officer or employee:
Town Secretary Position (S. Norwood)
Parks & Recreation Board (S. Norwood)
Discussion of Mayor Pro Tem (S. Norwood)
RECONVENE INTO REGULAR SESSION
16.2020-026-T Consider and take appropriate action regarding the Executive Session (S. Norwood).
ADJOURN
*The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town
Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on February 8, 2020 by 5:00 p.m. in
accordance with Chapter 551, Texas Government Code.
Sharon E. David
Interim Town Secetary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by the Council
was removed by me from the bulletin board at Trophy Club Town Hall, 1 Trophy Wood
Drive, Trophy Club, Texas, on the __________ day of ______________________, 2020.
________________________________, Title: ___________________________
Town Council Meeting Page 4 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-004-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood):
*May 2, 2020 Election
Attachments:
Action ByDate Action ResultVer.
Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood):
*May 2, 2020 Election
Town Council Meeting Page 5 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-005-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Receive Town Council Liaison update; discussion of same (S. Norwood):
*Parks and Recreation Board, January 20, 2020
Council Liaison - Council Member Michael Geraci
Attachments:
Action ByDate Action ResultVer.
Receive Town Council Liaison update; discussion of same (S. Norwood):
*Parks and Recreation Board, January 20, 2020
Council Liaison - Council Member Michael Geraci
Town Council Meeting Page 6 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-006-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
January 14, 2020 (S. Norwood).
Attachments:DRAFT TC Regular Session Minutes January 14, 2020.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Town Council Regular Session Minutes dated January 14, 2020 (S.
Norwood).
Town Council Meeting Page 7 of 170 Meeting Date: Tuesday, February 11, 2020
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY, JANUARY 14, 2020 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, January 14, 2020. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Eric Jensen Mayor Pro Tem, Place 2
Alicia L. Fleury Council Member, Place 1
Sean Bone Council Member, Place 3
Karl Monger Council Member, Place 4
Michael Geraci Council Member, Place 5
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Steve Norwood Town Manager Ernest Gillespie Senior Accountant
David Dodd Town Attorney Tony Jaramillo Director of Parks and Recreation
Holly Fimbres Town Secretary/RMO Mike Pastor Information Services Manager
Patrick Arata Police Chief Tommy Uzee Director of Community Development
Wade Carroll Assistant Town Manager Steve Zieverink Information Services Specialist
Mike Erwin Finance Manager
Mayor Sanders advised that it was the last meeting for Town Secretary Fimbres. Town Secretary Fimbres
announced the date of January 14, 2020, called the Town Council to order and announced a quorum at 7:00 p.m.
The Invocation was offered by Senior Pastor Barry Clingan with The Church of Trophy Lakes.
The Pledges to the American Flag and Texas Flag were led by Council Member Shoffner.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item, you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
ANNOUNCEMENTS AND REPORTS
1. Recognition of the Byron Nelson High School girls’ volleyball team for winning the Class 6A State
Championship (S. Norwood).
Mayor Sanders introduced Coach Groth and recognized the Byron Nelson High School girls’ volleyball team for
winning the Class 6A State Championship. The Byron Nelson Bobcat volleyball team beat the Plano West
Town Council Meeting Page 8 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes January 14, 2020 Page 2 of 6
Wolves in a five-set thriller at the 2019 UIL 6A Volleyball State Championship game on Saturday, Nov. 23,
2019, earning the first state title in the sport in both the school and Northwest ISD’s history. In the title
game, the Bobcats won by scores of 21-25, 25-12, 22-25, 25-15, 15-7 to earn their first state
championship. Following the state final, media members voted Byron Nelson Junior Charitie Luper as the
title game’s MVP. Ms. Luper has verbally committed to play for the UCLA Bruins following her last year as a
Byron Nelson Bobcat in 2020-21. She was joined on the UIL’s 6A all-tournament team by Junior teammate
Payton Chamberlain, who has verbally committed to the Wyoming Cowgirls, and Senior teammate Paige
Flickinger, who signed a letter of intent to play for the LSU Tigers. The victory marks the culmination of an
accolade-filled season for the Bobcats, which includes top rankings in multiple national polls. In the week
leading up to the championship game, for instance, USA Today ranked the Bobcats as the top team in the
nation in its final poll of the 2019 season. With their championship, the Bobcats finish the season with an
overall record of 50-2, the first 50-win season in school history. The Bobcats are led by H ead Coach Brianne
Groth; she is assisted by Coaches Amy Lilly, April Ryan, Whitney Key, Jennifer Ladusau and Missy Mitchell-
McBeth.
Mayor Sanders presented them with a sign stating Home of the 2019 State Champions BNHS Girls’ Volleyball Team
to be placed at the four Town entries.
Coach Groth thanked the community and the Town for their support throughout an amazing season.
2. Recognition of Police Officer Scott Voigt for his years of service that he provided to the Town of Trophy Club
(Mayor Sanders).
Mayor Sanders recognized Officer Scott Voigt for being with the Trophy Club Police Department for 13 years and a
reserve police officer for seven years previously. Officer Voigt was the Police Department’s Community Service
Officer and worked with HOA‘s and other community partners to help coordinate efforts to ensure that the Town
remained safe. Officer Voigt was also responsible for organizing and teaching the Citizens Police Academy as well
as being the department’s liaison with the TCEVA and the COP coordinator. This program consists of citizen
volunteers helping the Police Department patrol the streets of Trophy Club and looking for things out of place.
This year marks the second year the COP’s were responsible for assisting the Police Department in making sure no
holiday packages were stolen.
Mayor Sanders presented officer Voigt with a certificate of appreciation with Mrs. Elaine Voigt present. Officer
Voigt thanked the Council for their support.
3. Recognition of Town Secretary Holly Fimbres for the years of service that she provided to the Town of
Trophy Club (Mayor Sanders).
Mayor Sanders recognized Town Secretary Fimbres and commented on her years of service and dedication as well
as her kindness to all. He shared his opinion that she has by far been the best Town Secretary ever hired in the
Town of Trophy Club. Council Member Shoffner provided the history to the hiring of Town Secretary Fimbres and
Council Members’ Geraci, Monger, Jensen, Bone and Fleury added their compliments and best wishes to Town
Secretary Fimbres.
Commissioner Rowe commented on Town Secretary Fimbres’ level of communication and expertise Holly brought
to work from the beginning and she had been an automatic fit for the Town and the Town Council. He also
praised her work throughout the years.
Mr. Greg Lamont shared his praises and compliments toward Town Secretary Fimbres and wished her the best in
her new position at the City of Grapevine.
Town Council Meeting Page 9 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes January 14, 2020 Page 3 of 6
Mayor Sanders moved to Regular Session to discuss Item #11 and take appropriate action.
REGULAR SESSION
11. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing February
2020 as Kindness Awareness Month in Trophy Club; and providing an effective date (Council Member Fleury
and Mayor Sanders).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury, seconded by Council Member Monger, to approve Proclamation No.
2020-01, recognizing February 2020 as Kindness Awareness Month in Trophy Club; and providing an effective date
of January 14, 2020.
Motion carried unanimously 7-0-0.
Council Member Fleury introduced Byron Nelson High School’s Lead Counselor Paige Smith, PTSA President Dina
Kuhlman and Board Members Renee Bar and Jill Millican, Freshman President Emma Bar, Sophomore President
Miles Millican, Senior President/Academic Scholar/Football Team Member Brandon Boeth, Medlin Middle School
PTA President Wendie Bailey, Beck Elementary PTA President Beth Ann Sands, Board Member Jill Millican and
Lakeview Elementary PTA Board Member Leslie Greco-Poole. Council Member Fleury thanked each one for their
participation and support of all activities that involve Kindness Awareness Month. Mayor Sanders presented each
one with Proclamation 2020-01.
4. Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood):
• May 2, 2020 Election – January 15, 2020 begins the first day to file an application for a place on the May
2, 2020 ballot for Mayor, Council Member Place No. 1 and Council Member Place No. 2 on the Trophy
Club Town Council. Filing will end on February 14, 2020 and applications may be obtained through the
Town Secretary’s Office.
• Marquee Information Boards – installation will begin this week, dependent on the weather, with an
expected completion date at the end of January 2020.
• Trophy Club Finance Manager – Mr. Mike Erwin has joined the Trophy Club Town Staff this past week,
with a Bachelor’s Degree from Baylor University and a Master’s Degree from UNT. Finance Manager
Erwin brings many years of municipality experience, with his last two positions being held with the towns
of Kerrville and Decatur. Mr. Erwin comes from a long line of public servants where his father retired as
City of Hurst Fire Chief.
5. Receive Town Council Liaison update; discussion of same (S. Norwood):
*Charter Review Commission, December 16, 2019 and January 13, 2020
Council Liaison - Council Member Philip Shoffner
Council Member Shoffner reported that the Charter Review Commission met on Monday, January 13, 2020 and
were preparing the final draft report with a total of three recommendations. Council Member Shoffner mentioned
that Commissioner Opipare had asked if the Town Council would want to add anything to the final report. Council
Member Shoffner shared one topic discussed in detail pertained to a council member having to resign if filing for a
different office and the definition of a quorum and commented on the professionalism and time the Commission
spent reviewing the entire Charter before making their final recommendations. Council Member Shoffner felt the
Council chose high quality Commissioners to review the Charter, commended Chairperson Sheridan on his
leadership and was in favor of the recommendations to be presented to the Citizens of Trophy Club. He reported
there will be one more meeting on January 27, 2020 to finalize their full report and present to the Town Council on
Town Council Meeting Page 10 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes January 14, 2020 Page 4 of 6
February 1, 2020. Town Secretary Fimbres confirmed this item will be presented at the February 1, 2020 Town
Council for review and then presented at the February 11, 2020 Town Council to call the special election. Council
Member Shoffner asked that Town Secretary Fimbres send the three recommendations from the Charter Review
Commission to the Town Council prior to the February 1, 2020 Town Council.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
6. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated December
10, 2019 (S. Norwood).
7. Consider and take appropriate action regarding the financial and variance report dated September 2019 (S.
Norwood).
8. Consider and take appropriate action regarding the financial and variance report dated October 2019 (S.
Norwood).
9. Consider and take appropriate action regarding the 2020 Council Meeting Schedule (S. Norwood).
10. Consider and take appropriate action regarding an Ordinance amending Article A1.000, General Provisions,
of Appendix A, Fee Schedule, within the Town’s Code of Ordinances, and provide an effective date (S.
Norwood).
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Council Member Bone, to approve Consent Agenda Items
No. 6 through No. 10.
Motion carried unanimously 7-0-0.
12. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and
calling a General Election to be held on May 2, 2020 for the purpose of electing one (1) mayor and one (1)
Councilmember to Place No. 1 and one (1) Councilmember to Place No. 2 on the Trophy Club Town Council,
each for a term of three (3) years respectively and providing an effective date (S. Norwood).
Motion:
Motion made by Mayor Sanders, seconded by Council Member Bone, to approve Ordinance No. 2020-01, ordering
and calling a General Election to be held on May 2, 2020 for the purpose of electing one (1) mayor and one (1)
Councilmember to Place No. 1 and one (1) Councilmember to Place No. 2 on the Trophy Club Town Council, each
for a term of three (3) years respectively and providing an effective date of January 14, 2020.
Motion carried unanimously 7-0-0.
13. Discussion of items for Future Agendas to include agenda items for consideration on the February 1, 2020
Council Retreat agenda and on the February 11, 2020 Council agenda, as well as items from the Town
Council Future Agenda Items list (S. Norwood).
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Town Council Meeting Page 11 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes January 14, 2020 Page 5 of 6
A) Item No. 6 from the Future Agenda Items list: Task the Town Attorney and Planning and Development
Department to identify all Town situations that allow citizen petition where ministerial duty is required.
(Shoffner & Sanders 10/8/2019) (1-January 14, 2020)
Council Member Fleury requested to add two items to the Town Council Future Agenda Items list:
*Citizen Survey for the wants and needs of the Community, similar to the 2013 survey previously performed.
*Formation of a Loop Road Committee that involves concerned citizens that are willing to share their talents,
resources, connections and time to help address items that the Community is interested in as well as supporting.
Mayor Sanders inquired if cyber training for elected officials and staff had been scheduled or completed. Town
Manager Norwood commented on checking to see if this is a state requirement versus a local option. Assistant
Town Manager Carroll confirmed this is a new requirement for elected officials and Town employees but the
curriculum has not been finalized through the State level; and once this has been received, a decision to handle in-
house or contract an outside service will be reviewed.
Council Member Monger asked if an updated report was available on cyber threats. IT Manager Pastor stated a
recent report displayed cyber attacks were extremely high with the last update exhibiting over 30,000 per week.
Mayor Sanders commented on the importance of recognizing and what to look for when receiving emails and all
the potential risks of clicking on an email that could result in a virus that could hold a municipality ransom.
Council Member Geraci asked if the State had set a deadline for the training to be completed for municipalities.
Assistant Town Manager had read the deadline was in the timeframe of end of June through August and that this
item was high on the radar for the Town staff. Council Member Shoffner stated that he read the deadline was set
for June 14, 2020 for elected officials and governmental employees to complete this training.
Town Attorney Dodd provided an update regarding Agenda Item No. 13 (A) identifying any situation that arose
that the Town had a ministerial duty to vote in a certain manner, and after reviewing the only situation would be
replatting. He stated the Town’s current ordinance allowed for a petition but that the State Law did not require or
allow a petition, which would make this administrative, not ministerial. Town Attorney Dodd’s recommendation
was to bring forth a new ordinance to match the State Law and remove the petition and super majority vote and
confirmed the ordinance would be presented to the Council in the next couple of months.
Council Member Geraci requested that the Future Agenda Item for the Loop Road Committee be discussed at the
Strategic Planning Session.
EXECUTIVE SESSION
14. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas
Open Meetings Act), the Council convened into executive session to discuss the following:
A) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
Town Secretary position search (S. Norwood)
CONVENED INTO EXECUTIVE SESSION – START TIME – 8:05 P.M.
RECONVENED INTO REGULAR SESSION – START TIME – 8:56 P.M.
Town Council Meeting Page 12 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes January 14, 2020 Page 6 of 6
RECONVENED INTO REGULAR SESSION
15. Consider and take appropriate action regarding the Executive Session (S. Norwood).
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Council Member Shoffner, to authorize Mayor Sanders, Town
Manager Norwood and Assistant Town Manager Carroll to interview candidates for the Town Secretary position.
Motion carried unanimously 7-0-0.
Motion:
Motion made by Council Member Shoffner, seconded by Council Member Bone, to authorize Town Manager
Norwood to name an Acting Town Secretary.
Motion carried unanimously 7-0-0.
ADJOURNMENT
Town Secretary Fimbres adjourned the meeting at 8:57 p.m.
___________________________________ ___________________________________
Wade Carroll, Assistant Town Manager C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Meeting Page 13 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-009-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding the Town Council Retreat Minutes dated February 1,
2020 (S. Norwood).
Attachments:DRAFT TC Retreat Session Minutes February 1, 2020.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Town Council Retreat Minutes dated February 1, 2020 (S. Norwood).
Town Council Meeting Page 14 of 170 Meeting Date: Tuesday, February 11, 2020
TOWN OF TROPHY CLUB
TOWN COUNCIL RETREAT MINUTES
Saturday, February 1, 2020 9:00 A.M.
LOCATION: 2900 East Highway 114, Trophy Club, Texas
HOMEWOOD SUITES/TROPHY ROOM
The Town Council of the Town of Trophy Club, Texas, met in a Retreat Session on Saturday, February 1, 2020. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Eric Jensen Mayor Pro Tem, Place 2
Alicia L. Fleury Council Member, Place 1
Sean Bone Council Member, Place 3
Karl Monger Council Member, Place 4
Michael Geraci Council Member, Place 5
Philip Shoffner Council Member, Place 6 arrived at 10:07 AM
STAFF PRESENT:
Steve Norwood Town Manager Tony Jaramillo Director of Parks and Recreation
Wade Carroll Assistant Town Manager Jill Lind Communications & Marketing Manager
Sharon David Interim Town Secretary Mike Pastor Information Services Manager
Patrick Arata Police Chief Tommy Uzee Director of Community Development
Gary Cochran Interim Fire Chief
Mike Erwin Finance Manager
Mayor Sanders announced the date of February 1, 2020, called the Town Council to order and announced a
quorum at 9:02 a.m.
The Invocation was offered by Director of Parks & Recreation Jaramillo.
The Pledges to the American Flag and Texas Flag were led by Council Member Geraci.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item, you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
ANNOUNCEMENTS AND REPORTS
Mayor Sanders thanked the Council for their time and was hopeful the retreat would maintain a high level of
participation. He remarked as the years progress, the vision would change, knowing there would be challenges
ahead and to identify the important issues, what was important to the citizens of Trophy Club, and give direction
to the staff to help achieve the items discussed.
Town Council Meeting Page 15 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes February 1, 2020 Page 2 of 5
Town Manager Norwood stated the importance of directors and managers attending the retreat to hear firsthand
the Council’s direction. He commented that it was important to remember it was not Council versus Staff and
encouraged the philosophy of succeeding and failing together as a team, recognized the staff’s dedication to the
Town, which could not be trained or taught.
Mr. Cantrell opened the program with a personal story of witnessing the importance of life and leadership when
leaving a legacy. He discussed the importance of a Town Council creating their own legacy and leaving their mark.
He shared two important attributes when creating a high performing team, curiosity and candor; and if these were
missing, then high performance would never exist. He explained that curiosity helps keep an open mind, while
candor helps present what was meant during a discussion and avoid confusion. He shared having a productive
discussion versus making assumptions when disagreement sets in, and was a win-win situation.
Mr. Cantrell gave a scenario of a traffic investigator interviewing all witnesses involved, as receiving diverse
opinions help look at a situation from start to finish. Town Manager Norwood asked Mr. Cantrell to explain his
definition of curiosity. Mr. Cantrell shared the definition being “what do I see others may not see”, “what they
might see I might not see” and “what are we all missing”, as well as being curious enough to respect different
opinions. He shared that high performing teams could tackle difficult topics and the Town Council’s responsibility
was to each other as well as the citizens and community of Trophy Club.
Mr. Cantrell asked each Council Member to write down five important items to be accomplished in the next two
years. Three items were agreed upon as being top priority; Future Developments, TCMUD Merge Plan and Capital
Expenditures versus Operational Expenditures. A discussion on each item was held with the TCMUD Merge Plan
being top priority. Town Manager Norwood discussed the possibility of hiring an outside consultant who had past
experience with these types of ventures that would help gauge and guide the Town through the process.
Mayor Sanders shared insight on steps that would need to be taken for the TCMUD Merge Pan and the importance
of being prepared. He discussed how there were two separate boards, the involvement of Westlake and the
effects the merge would have on the Town and being prepared to face these challenges.
Chief Arata gave an overview of the safety and security of the Town, the increased crime and activity, arrest
statistics, population versus number of officers, the expense of Police Academy training, losing officers after
training, and the success of the TC Volunteer Program. Chief Arata recently met with Town Manager Norwood to
create a long range plan of an additional hire of 2-3 officers and a supervisor to help maintain the safety, security
and growth the Town was experiencing. He stated that the visibility of an officer deters crime and that the average
time spent on one arrest, including transporting, can average 6-8 hours. Chief Arata reported the Department had
researched to apply for a US Department of Justice Grant that would fully fund a Juvenile Detective position for a
full three years, with the fourth year funded by the Town’s budget. Town Manager Norwood asked if the Council
were in agreement to purse the grant. The Council confirmed full agreement to apply for the grant.
Council Member Fleury asked if the main reason officers left was due to salary. Chief Arata confirmed this was
correct and reported the increase of drug and domestic violence cases had risen in the past few years, resulting in
needing neighboring city assistance. Mayor Sanders discussing pursing talks with Denton County officials for
funding assistance. A discussion was held on the NISD’s SRO Program as well PD 30.
Interim Fire Chief Cochran gave an overview of the increase of calls received and stated when a medic is sent out
with the fire truck, this leaves no EMS coverage without calling for neighboring city assistance. A discussion was
held on the average length to transport a patient and return to the station, with a twelve percent of overlapping
calls providing mutual aid and six percent helping neighboring cities. Interim Fire Chief Cochran stated the Fire
Department was built on customer service while humbly serving its citizens. He commented that there were
Staffing For Adequate Fire & Emergency Response Grants available to help provide additional personnel by funding
seventy-five percent of the salary the first two years, thirty-five percent the third year, and the Town funding the
full salary the following years. He presented a Rescue Squad Plan that would utilize the previous Fire Chief’s truck
with a medic on board and if a second EMS call was received, this would allow the Fire Department to assist the
citizens and then call for aid from neighboring cities, if needed.
Town Council Meeting Page 16 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes February 1, 2020 Page 3 of 5
Council Member Shoffner asked what the percentage of calls received were EMS related. Interim Fire Chief
Cochran stated an average of eighty to eighty-five percent calls received were EMS. A discussion was held on the
cost of purchasing and staffing an ambulance and the potential benefits a Rescue Squad could help to maintain the
EMS and Fire calls received.
Council Member Geraci commented on the amount of families that would soon occupy PD 30 as well as the older
population growth and the Fire Department would most likely see an escalation of EMS calls. Mayor Sanders
asked that Town Staff pull together the facts and options and present as a future agenda item.
Director of Parks and Recreation Jaramillo presented a list of future events happening at the Trophy Club Parks for
2020 that included a back-to-back four day baseball tournaments in June and July that would occupy area hotels
and restaurants. A discussion was held on incentive vouchers for families to use during the tournaments at local
restaurants that would be turned in for Town reimbursed by the Town. Interim Town Manager Carroll stated the
tournament would roughly cost $9,000 to host, with most associated costs being employee pay. A discussion was
held on using Hotel Occupancy Funds to help with this cost.
Direction of Parks and Recreation Jaramillo gave an overview of the parks’ conditions, and recommended hiring an
additional irrigator, maintenance worker and Events Coordinator to help keep up with the increased demand on
various activities the Town hosts. He shared that Teague, Nall and Perkins had offered to update a feasibility study
for a Civic Center, and that staff would firm up figures and discuss with Council their wishes for this project.
Council Member Fleury complimented the Parks Department on maintaining the area parks and making sure the
Town was prepared for future tournaments and recommended using some of the Hotel Occupancy Tax funds for a
Civic Center and incorporate a Senior Center, which could possibly receive additional funding.
Mayor Sanders discussed having the Parks Department look into the median and turf implementation. Director of
Parks and Recreation Jaramillo reported that an outside company had previously quoted a free survey but in the
end would charge $5,000 per 500 square feet to implement. Mayor Sanders commented on the importance of
funding this project in a visible spot for the citizens to see and recognize the benefits and possible savings.
Director of Community Development Uzee presented an overview of the current projects. He stated the streets
were being maintained on a regular basis, but with the increase of traffic flow and growth of the city, future
repairs would need to be addressed, especially with some of the original streets. He stated the Highlands’ HOA
was currently receiving bids to replace the existing wall and was unsure if this would include any trees, as well as
an expensive project if the Town were to assist in any funding. Mayor Pro Tem Jensen mentioned the north side of
Indian Creek needing a facelift and if the Town would recommend assistance to improve the overall look. Mayor
Sanders commented on a grant program being available for fence/wall replacement. Town Manager Norwood
commented on the excellent condition of the streets in Trophy Club compared to most cities in the area. Council
Member Shoffner stated the panel replacement program could be used on less travelled streets that were in need
of repair.
Mr. Cantrell polled the Town Council on future development for the Town of Trophy Club. Council Member
Shoffner stated the development momentum of the two EDC properties were floundering and needed direction.
Council Members Fleury, Bone were in agreement with Council Member Shoffner, with Council Member Bone
commenting on the possibility of using Hotel Occupancy Tax funds to help fund the projects. Mayor Sanders also
agreed with Council Member Shoffner and mentioned the partial land adjacent to Town Hall in regards to future
development. Mayor Pro Tem Jensen stated the importance of confirming the land was to generate sales tax as
the Town could not be the developer and reviewing carefully each potential option before building.
Town Manager Norwood commented on the right decision being crucial and discussed potentially bringing in a
developer that would offer an expert opinion and perspective, but not have an interest to perform the actual
work. Mayor Sanders commented on recent discussions with two different development groups, and one having
Town Council Meeting Page 17 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes February 1, 2020 Page 4 of 5
an interest in pursuing a relatively large restaurant project. He stated the importance of finding the right
developer with the right vision for the Town.
Mr. Cantrell asked the Council to consider how confident they were to know they were heading in the right
direction. A discussion was held on past risks taken with building projects, what type of businesses were best for
the Town, future projects such as a conference center, hosting different sport tournaments and providing
incentive vouchers for the families to use with area restaurants. Council Member Shoffner asked for the staff to
create a voucher that would benefit both the recipient and the business owner. Town Manager Norwood stated
he would work with Communications and Marketing Manager Lind to create a voucher that would incentivize to all
parties involved.
A discussion was held on Capital Expenditures versus Operational Expenditures. Council Member Geraci
recommended creating a master list to prioritize projects with updates, include a citizen’s wish list, with Council
prioritizing the items. Town Manager Norwood stated that a projects’ list combined with financial forecasting
would be incorporated into the yearly budget.
Mr. Cantrell complimented Council on moving forward, defining what was the new normal, leaving their mark and
legacy and what tied them together was Trophy Club. Mr. Cantrell thanked everyone for their time and the
opportunity to be a part of today’s retreat and hoped his assistance was beneficial to all involved. Town Manager
Norwood commented on the importance of Town Staff hearing Council’s thoughts, ideas and motivation and was
anxious to review his notes to start working on all the ideas presented. Mayor Sanders thanked Mr. Cantrell for his
leadership and guidance and looked forward to having him work with the Council in the future.
Town Manager Norwood dismissed the Town Staff.
1. Review and take appropriate action regarding the 2019-2020 Charter Review Commission Final Report
and presentation to the Town Council.
Council Member Shoffner stated the Charter Review Commission would meet prior to the February 11, 2020 Town
Council to approve the January 27, 2020 minutes. Assistant Town Manager Carroll reported there was a slight
change and Town Attorney Dodd had confirmed that only Chairperson Sheridan was required to be available prior
to the February 11, 2020 Town Council Meeting. Council Member Shoffner commented on the dedication and
excellent teamwork the Charter Review Commission exemplified during their meetings. He stated each item was
reviewed and discussed thoroughly and praised Chairperson Sheridan’s leadership. Assistant Town Manager
Carroll reported that staff would create the ballot language to present at the February 11, 2020 Town Council
Executive Session Meeting. Mayor Sanders reported this item would be listed under Regular Session and asked
Council Member Shoffner to invite Chairperson Sheridan to the February 11, 2020 Town Council Meeting to
publicly thank him and the Charter Review Commission for their hard work and dedication.
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Council Member Shoffner to approve placing the three
recommendations from the Charter Review Commission on the May 2, 2020 General Election ballot.
Motion carried unanimously 7-0-0.
EXECUTIVE SESSION
14. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas
Open Meetings Act), the Council convened into executive session to discuss the following:
A) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
Town Secretary position search (S. Norwood)
Town Council Meeting Page 18 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council Minutes February 1, 2020 Page 5 of 5
CONVENED INTO EXECUTIVE SESSION – START TIME – 3:15 P.M.
RECONVENED INTO REGULAR SESSION – START TIME – 4:02 PM.
RECONVENED INTO REGULAR SESSION
15. Consider and take appropriate action regarding the Executive Session (S. Norwood).
Motion:
Motion made by Council Member Geraci, seconded by Council Member Monger, to authorize Town Manager
Norwood and Assistant Town Manager Carroll to move forward with the first choice candidate as Town Secretary, as
discussed and make an offer, contingent on a background and reference check. And, if the first candidate choice
declined, then move forward to candidate choice #2, contingent on a background and reference check.
Motion carried unanimously 7-0-0.
ADJOURNMENT
Mayor Sanders adjourned the meeting at 4:04 p.m.
___________________________________ ___________________________________
Sharon David, Interim Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Meeting Page 19 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:32020-061-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/5/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year
2020 and revised Fourth Quarter Investment Report for Fiscal Year 2019 (S. Norwood).
Attachments:1st Quarter Investment Report FY19-20.pdf
FY 2020 Q1 Investment Report.pdf
Revised -4th Quarter Investment Report FY18-19.pdf
Revised - FY 2019 Q4 Investment Report.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2020 and revised
Fourth Quarter Investment Report for Fiscal Year 2019 (S. Norwood).
Town Council Meeting Page 20 of 170 Meeting Date: Tuesday, February 11, 2020
<£ TOWN OF TROPHY CLUB QUARTERLY INVESTMENT REPORT For the Quarter Ended December 31, 2019 Prepared by Valley View Consulting, L.L.C. The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the 1nv"Z;"J;°£;: ~rgi•• lnvestment'bfficer/Finance Manager n o>t·'-t D lllCnOll_ Chief Fl'lancial 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. Town Council MeetingPage 21 of 170Meeting Date: Tuesday, February 11, 2020
Strategy Summary Quarter End Results by Investment Category: Asset T~ee Ave. Yield Demand Accounts 1.79% Pools CDs/Securities 2.36% 1.89% Totals Current Quarter Average Yield r11 Total Portfolio 1.80% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 1.60% 1.78% 1.66% Interest Revenue (Approximate) Quarterly Interest Income $ 61,404 Year-to-date Interest Income $ 61,404 Seetember 30, 2019 Book Value Market Value $ 760,561 $ 760,561 8,635,006 8,635,006 3,623,580 3,624,482 $ 13,019,147 $ 13,020,049 December 31, 2019 Ave. Yield Book Value Market Value 1.49% $ 663,363 $ 663,363 1.80% 12,636,247 12,636,247 1.86% 3,431,196 3,431,802 $ 16,730,806 $ 16,731,412 Fiscal Year-to-Date Average Yield r21 Total Portfolio 1.80% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 1.60% 1.78% 1.66% (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 Yleldscalculated using quarter end report yields. Valley View Consulting, L.L.C. Town Council MeetingPage 22 of 170Meeting Date: Tuesday, February 11, 2020
Economic Overview 12131/2019 The Federal Open Market Committee (FOMC) held the Fed Funds target range at 1.50% -1.75% (Effective Fed Funds are trading +/-1.55%). The Futures Market has reduced the probability of additional decreases until late summer/early fall 2020. Middle East turmoil had bumped crude oil over $60, but it has retreated back below. December Non Farm Payroll rose 145,000 resulting is a three month moving average of 185,000. The Unemployed level remained at 3.5%. The Stock Markets remain at or near historic highs. Consumer spending has improved. Housing shows signs of growth. Overall economic activity remains positive, 3rd Quarter GDP was confirmed at 2.1 %. The British are moving forward with Brexit. Several trade agreements are also progressing (China, North America, Japan). The Yield Curve shifted to slightly positive. 3.00 ----------------· 2.50 ........ -2.00 1.50 1.00 0.50 QOO ~## # # # # ' ~ ~ ':> ~ I --·Oecember31,2018 -September30,2019 -eecember31,2019 I US Treasu Historical Yields -Since 2006 6.00 -...-----------"---------------------. 5.50 -+--------------------------------< 5.00 -hllP'.,.,.'&.----------------------------1 4.50 ...... _..; ..... :;...mL---------------------------1 4.00 +----"lt:-•::ir--:--...-----------------------l 3.50 t----1111'-'"t---•"-r--.M--------------------; 3.00 t-----'1--.---..1------1 ....... --".------:-:-----------......r.---t 2.50 -t-----t--JllrW'----•-+----+"'-.... l--:ii;:----__,11;;~,-LiF.ir'lllJa---i 2.00 +-----tlftll...-------f*-.---<lr-----t:'W-::JL..1t=--:---"--h..__....,,ci 1.50-t----~l-11---:-------!!IJ.=E.---------"---=-=~.,_-----1""'1 1.00 +-----...._-"bWll"-t~-------------Jlllk=~-::4"-=------t o.5ot=::::=:==:=:='.£~~~~~~~:i'.S'.i~:'.:~~::~~:::~:=:::::::==:j 0.00 ~~~~·~--~~~~~~~~~~~~~~~~~·~~ ~~~~r~~~~~~~~~~~~~~~~~~~~~~~ I --•SlxMoolhT-8111 -TwoYearT-Note -IenYearI-Note I S&P 500 ' 3,500 3,250 3,000 2,750 2,500 2,250 2,000 1,750 1,500 1,250 1,000 &.. A Ar 750 500 250 0 ,.,_ I ~ . ,,,/ ,,,/ ,,,/;) ~ ... --• ----,.JW' _.,, ... .... ~ --~ ,, ,,,11 .... ,~ ,,,~ ,~ ,,,~ , .. ,,,~ ,e:. ,,,~ ,ro ,,,11 ~ ,,,11 '"' ,,,~ ~ ,,,11 US Treasury Historical Yields -Since Nov 2015 ~~ I I 3.00+-------------------...~-.,....~--------l 2.5ol A'A . ' A-e'-""""'~ I 2.00 I t I .. r .,-\~ J 1.50 I • ,._., · ; ,, ~-\11--f 1.00 1:7\: _ F ,_,,.---I o.5o 11,.,., ..,.~~-•' -~ I o.oo+----------.--.-~--..--.--~-~--.---.---.-------J ,/'~ _w""' ~-""' rt"' ,,.i·""' _w"" ~-"" r1>"" ,,.i·"" :o-""" ~-"'b r1>""" .1·""" :o-"°' ~-"°' r1>"°' .1·"°' ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I --•Six Month I-Biii -Two Year I-Note I Valley View Consulting, L.l.C. 2 Town Council MeetingPage 23 of 170Meeting Date: Tuesday, February 11, 2020
Investment Holdings December 31, 2019 Coupon/ Maturity Settlement Book Market Market Life Description _______ Ratings Discount Date Date Par Value Value Price Value (days) Wells Fargo -Cash 0.00% 01/01/20 12/31/19 $ 20,521 $ 20,521 1.00 $ 20,521 1 Wells Fargo-MMF Sweep 1.54% 01/01/20 12/31/19 642,842 642,842 1.00 642,842 1 Financial Northeastern Co. Cash 0.00% 01/01/20 12/31/19 7,957 7,957 1.00 7,957 lnterBank Money Market 1.97% 01/01/20 12/31/19 249,412 249,412 1.00 249,412 lnterBank Insured Cash Sweep MM 1.97% 01/01/20 12/31/19 5,284,951 5,284,951 1.00 5,284,951 TexPool LGIP AAAm 1.62% 01/01/20 12/31/19 5,825,033 5,825,033 1.00 5,825,033 TexasCLASS LGIP AAAm 1.88% 01/01/20 12/31/19 1,268,893 1,268,893 1.00 1,268,893 LegacyTexas Bank CD 2.50% 01/17/20 04/17/18 208,510 208,510 100.00 208,510 17 BankOZK CDARS 2.76% 02106120 02/07/19 989,232 989,232 100.00 989,232 37 Origin Bank CD 1.25% 02/21/20 08/21/19 2,033,454 2,033,454 100.00 2,033,454 52 Morgan Stanley Bank CD 2.65% 04120120 04/19/18 200,000 200,000 100.30 200,606 111 $ 16, 730,806 $ 16,730,806 $ 16,731,412 11 (1) (1) Weighted average life. Foc purposes of calculating 'Neighted average life, bank accounts, pools and money market funds are assumed to have an one day maturity. Yield 0.00% 1.54% 0.00% 1.97% 1.97% 1.62% 1.88% 2.53% 2.80% 1.25% 2.65% 1.80% (2) (2) Weighted average yield to maturity ·The 'Neighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield foc the reporting month is used foc bank accounts, pools and money market funds. Valley View Consulting, L.L.C. 3 Town Council MeetingPage 24 of 170Meeting Date: Tuesday, February 11, 2020
CDs/Securities 20% 3.oo~---Portfolio Composition 76% Total Portfolio Performance Demand Accounts 4% 2.501 ~ 2.00 I /// 'I 1.50 1.00 l 0.50 0.00 l I I I I I I I I ~~~~~~~~~~~~~~~$$$$ ~ ~ a ~ ~ ~ a ~ ~ ~ a ~ ~ ~ a ~ ~ ~ a ~~~~~~~~~~~~~~~~~~~ -TexPool-Weighted Average Yield -Rolling 6 Month T-Bill Distribution by Maturity (Millions) $16 $14 $12 $10 $8 $6 $4 $2 $0 Q'I>-<' Qe'i"' Q'l>'i"' "{ e'I>~ \,0 ~<:) \0 r;i ,<o<:l \,0' ' ~' <?>' .,,o 6'1>-<' ,<o' "{0'1>~ '\0'2. Total Portfolio (Millions) $25~-$20 $15 . ••• • $10 -· I • •. •-·-$5 I "{0'1>~ 'l." •· ·-$0 1•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•1 ~~~~~~~~~~~~~~~~~~~~$$$$ r~dUr~dU~~dUr~dUr~dUr~dU ~~~~~~~~~~~~~~~~~~~~~~~~ • Quarter End Book Value Valley View Consulting, L. L. C. 4 Town Council MeetingPage 25 of 170Meeting Date: Tuesday, February 11, 2020
Book Value Comparison September 30, 2019 Coupon/ Maturity Original Face\ Purchases/ Sales/Adjust/ DescriJ>tion Discount Date Par Value Book Value Adjustments Call/Maturity Wells Fargo -Cash 0.00% 01/01/20 $ 6,261 $ 6,261 $ 14,260 $ Wells Fargo -MMF Sweep 1.54% 01/01/20 754,299 754,299 Financial Northeastern Co. Cash 0.00% 01/01/20 5,300 5,300 lnterBank Money Market 1.97% 01/01/20 249,481 249,481 lnterBank Insured Cash Sweep MM 1.97% 01/01/20 6,547,187 6,547,187 TexPool LGIP 1.62% 01/01120 570,427 570,427 TexasCLASS LGIP 1.88% 01/01/20 1,262,611 1,262,611 LegacyTexas Bank CD 2.40% 10/17/19 206,922 206,922 LegacyTexas Bank CD 2.50% 01/17/20 207,216 207,216 BankOZK CDARS 2.76% 02/06/20 982,375 982,375 Origin Bank CD 1.25% 02/21/20 2,027,067 2,027,067 Morgan Stanley Bank CD 2.65% 04/20/20 200,000 200,000 2,657 5,254,606 6,282 1,294 6,858 6,387 (111,457) (69) (1,262,236) (206,922) December 31, 2019 Original Face\ Par Value $ 20,521 642,842 7,957 249,412 5,284,951 5,825,033 1,268,893 208,510 989,232 2,033,454 200,000 Book Value $ 20,521 642,842 7,957 249,412 5,284,951 5,825,033 1,268,893 208,510 989,232 2,033,454 200,000 TOTAL $ 13,019,147 $ 13,019,147 $ __ 5,292,344 $ (1,580,684) $ 16,730,806 $ 16,730,806 Valley View Consulting, L.L.C. 5 Town Council MeetingPage 26 of 170Meeting Date: Tuesday, February 11, 2020
Market Value Comparison September 30, 2019 Maturity Original Face\ Market Qtr to Qtr Description Date Par Value Price Market Value Change Wells Fargo -Cash 01/01/20 $ 6,261 1.00 $ 6,261 $ 14,260 Wells Fargo -MMF Sweep 01/01/20 754,299 1.00 754,299 (111,457) Financial Northeastern Co. Cash 01/01/20 5,300 1.00 5,300 2,657 lnterBank Money Market 01/01/20 249,481 1.00 249,481 (69) lnterBank Insured Cash Sweep MM 01/01/20 6,547,187 1.00 6,547,187 (1,262,236) TexPool LGIP 01/01 /20 570,427 1.00 570,427 5,254,606 TexasCLASS LGIP 01/01/20 1,262,611 1.00 1,262,611 6,282 LegacyTexas Bank CD 10/17/19 206,922 100.00 206,922 (206,922) LegacyTexas Bank CD 01/17/20 207,216 100.00 207,216 1,294 BankOZK CDARS 02106/20 982,375 100.00 982,375 6,858 Origin Bank CD 02/21/20 2,027,067 100.00 2,027,067 6,387 Morgan Stanley Bank CD 04/20/20 200,000 100.45 200,902 (296) TOTAL 13,019,147 13,020,049 3,711,363 Valley Vifffl Consulting, L. L. C. December 31, 2019 Original Face\ Market Par Value Price $ 20,521 1.00 642,842 1.00 7,957 1.00 249,412 1.00 5,284,951 1.00 5,825,033 1.00 1,268,893 1.00 208,510 100.00 989,232 100.00 2,033,454 100.00 200,000 100.30 16,730,806 Market Value $ 20,521 642,842 7,957 249,412 5,284,951 5,825,033 1,268,893 208,510 989,232 2,033,454 200,606 16,731,412 6 Town Council MeetingPage 27 of 170Meeting Date: Tuesday, February 11, 2020
Allocation December 31, 2019 Book Value Wells Fargo -Cash Wells Fargo -MMF Sweep Financial Northeastern Co. Cash lnterBank Money Market lnterBank Insured Cash Sweep MM TexPool LGIP TexasCLASS LGIP 01/17/20-LegacyTexas Bank CD 02/06/20-BankOZK CDARS 02/21/20-0rigin Bank CD 04/20/20-Morgan Stanley Bank CD Total Market Value Wells Fargo -Cash Wells Fargo -MMF Sweep Financial Northeastern Co. Cash lnterBank Money Market lnterBank Insured Cash Sweep MM TexPool LGIP TexasCLASS LGIP 01/17/20-LegacyTexas Bank CD 02/06/20-BankOZK CDARS 02/21/20-0rigln Bank CD 04/20/20-Morgan Stanley Bank CD Total Storm Total General Fund Debt Service Drainage Utility $ 20,521 $ 20,521 $ $ -$ 642,842 642,842 7,957 249,412 124,706 5,284,951 1,523,471 5,825,033 4,039,714 1,460,245 325,074 1,268,893 191,190 208,510 989,232 2,033,454 2,033,454 200,000 2010 Tax Hotel Parkland Notes Occupancy Dedication Tax -$ -$ --596,023 481,680 2016 co 2017 co Bond Funds Bond Funds $ --124,706 426,839 $ 7,957 3,334,641 208,510 989,232 200,000 $ 16,730,806 $ 8,575,898 $ 1,460,245 $ 325,074 $ - $ 596,023 $ 481,680 $ 551,545 $ 4,740,341 Total General Fund Debt Service Storm 2010 Tax Drainage Notes Utility $ 20,521 $ 20,521 $ $ -$ -642,842 642,842 --7,957 249,412 124,706 5,284,951 1,523,471 5,825,033 4,039,714 1,460,245 325,074 1,268,893 191,190 208,510 989,232 2,033,454 2,033,454 200,606 Hotel Parkland Occupancy Dedication Tax $ -$ ---596,023 481,680 2016 co 2017 co Bond Funds Bond Funds $ -$ -124,706 426,839 -7,957 3,334,641 208,510 989,232 200,606 $16,731,412 $ 8,575,898 $ 1,460,245 $ 325,074 $ -$ 596,023 $ 481,680 $ 551,545 $4,740,947 7 Valley VifN' Consulting, L.L.C. Town Council MeetingPage 28 of 170Meeting Date: Tuesday, February 11, 2020
Allocation September 30, 2019 Book Value Wells Fargo -Cash Wells Fargo -MMF Sweep Financial Northeastern Co. Cash lnterBank Money Market lnterBank Insured Cash Sweep MM TexPool LGIP TexasCLASS LGIP 10/17/19-LegacyTexas Bank CD 01/17/2~LegacyTexas Bank CD 02/06/2~BankOZK CDARS 02/21/2~rigin Bank CD 04/20/2~Morgan Stanley Bank CD Total Market Value Wells Fargo -Cash Wells Fargo -MMF Sweep Financial Northeastern Co. Cash lnterBank Money Market lnterBank Insured Cash Sweep MM TexPool LGIP TexasCLASS LGIP 10/17/19-LegacyTexas Bank CD 01/17/2~LegacyTexas Bank CD 02/06/2~BankOZK CDARS 02/21/2~rlgin Bank CD 04/20/2~Morgan Stanley Bank CD Total Total General Fund Debt Service Storm 2010 Tax Drainage Notes Utility $ 6,261 $ 6,261 $ $ -$ -754,299 754,299 --5,300 249,481 124,741 6,547,187 3,012,734 570,427 229,465 17,307 323,654 1,262,611 190,243 206,922 207,216 982,375 2,027,067 2,027,067 200,000 Hotel Parkland Occupancy Dedication Tax $ -$ ---593,073 479,295 2016 co 2017 co Bond Funds Bond Funds $ --124,741 424,212 $ -5,300 3, 110,241 206,922 207,216 982,375 200,000 $13,019,147 $ 6,344,811 $ 17,307 $ 323,654 $ - $ 593,073 $ 479,295 $ 548,953 $4,712,054 Total General Fund Debt Service Storm 2010 Tax Drainage Notes Utility $ 6,261 $ 6,261 $ $ -$ -754,299 754,299 5,300 249,481 124,741 6,547,187 3,012,734 570,427 229,465 17,307 323,654 1,262,611 190,243 206,922 207,216 982,375 2,027,067 2,027,067 200,902 Hotel Parkland Occupancy Dedication Tax $ -$ -593,073 479,295 2016 co 2017 co Bond Funds Bond Funds $ -$ 124,741 424,212 -5,300 3,110,241 206,922 207,216 982,375 200,902 $13,020,049 $ 6,344,811 $ 17,307 $ 323,654 $ - $ 593,073 $ 479,295 $ 548,953 $4,712,956 8 Valley Vif!N Consulting, L.L.C. Town Council MeetingPage 29 of 170Meeting Date: Tuesday, February 11, 2020
Page 1 of 2
To: Mayor and Town Council
From: Steve Norwood, Town Manager
CC: Sharon David, Interim Town Secretary
Mike Erwin, Finance Manager
April Duvall, Chief Financial Analyst
Re: Fiscal Year 2020 – First Quarter Investment Report
Town Council Meeting, February 11, 2020
Agenda Item:
Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal
Year 2020 (S. Norwood).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town’s current interest-bearing accounts have an ending market value of $16,731,412 as of
December 31, 2019, which is an increase of $3,711,363 since September 30, 2019. The portfolio
is liquid with a weighted average life of 11 days.
The total average yield for this quarter was 1.80% which is higher than the average rolling 6-
month Treasury-Bill yield of 1.78% 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 favorable 1.97% yield.
Financial Considerations:
Interest earnings for this quarter total $61,404 which gives the Town a year to date interest
earning of $61,404 for Fiscal Year 2020.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Town Council Meeting Page 30 of 170 Meeting Date: Tuesday, February 11, 2020
Page 2 of 2
Staff Recommendation:
Staff recommends approval of the First Quarter Investment Report for Fiscal Year 2020.
Attachments:
• First Quarter Investment Report FY 2020
Town Council Meeting Page 31 of 170 Meeting Date: Tuesday, February 11, 2020
<!: TOWN OF TROPHY CLUB QUARTERLY INVESTMENT REPORT For the Quarter Ended September 30, 2019 Prepared by Valley View Consulting, L.L.C. The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the lnves/i°C2:dt;:_gies Investment Officer/Director of Finance ~D\DUlraOQ Chief Fl1ancial 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. **Revised**Town Council MeetingPage 32 of 170Meeting Date: Tuesday, February 11, 2020
Annual Comparison of Portfolio Performance FYE Results by Investment Category: Asset Type Demand Accounts Money Markets/local Gov't Investment Pools CDs/Securities Totals Fourth Quarter-End Yield Average Quarter-End Yields (1): September 30, 2018 Ave. Yield Book Value 0.35% $ 155,319 2.20% 8, 189,012 2.14% 5,513,953 $ 13,858,284 2.16% Market Value $ 155,319 8,189,012 5,510,116 $ 13,854,447 Ave. Yield 1.79% 2.36% 1.89% 2.19% September 30, 2019 Book Value $ 760,561 8,635,006 3,623,580 $ 13,019,147 Market Value $ 760,561 8,635,006 3,624,482 $13,020,049 2018 Fiscal Year 2019 Fiscal Year Trophy Club 1.76% 2.44% Rolling Three Month Treasury 1.69% 2.30% Rolling Six Month Treasury 1.73% 2.37% TexPool 1.62% 2.31% Fiscal YTD Interest Earnings $ 275,827 $ 407,099 (1) Average Quarterly Yield calculated using quarter-end report average yield and adjusted book value. Valley View Consulting, L.L.C. Page 1. Town Council MeetingPage 33 of 170Meeting Date: Tuesday, February 11, 2020
Strategy Summary Quarter End Results by Investment Category: Asset Type Demand Accounts Pools CDs/Securities June 30, 2019 Ave. Yield Book Value 2.30% $ 1,087,808 2.60% 10,530,497 2.67% 5,439,349 Market Value $ 1,087,808 10,530,497 5,439,868 ~ 17-058,173 Totals $ 17,057,653 T __ , Current Quarter Average Yield c11 Total Portfolio 2.19% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 2.02% 2.17% 2.16% Interest Revenue (Approximate) Quarterly Interest Income $ 91,865 Year-to-date Interest Income $ 407,099 Seetember 30, 2019 Ave. Yield Book Value Market Value 1.79% $ 760,561 $ 760,561 2.36% 8,635,006 8,635,006 1.89% 3,623,580 3,624,482 $ 13,019,147 $ 13,020,049 Fiscal Year-to-Date Average Yield c21 Total Portfolio 2.44% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 2.30% 2.37% 2.31% (1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. (2) Fiscal Year-to-Date Average Yields calculated using quarter end report yields and Book Values and does not reflect a total return analysis or account for advisory fees. Valley View Consulting, L.L.C. Page 2. Town Council MeetingPage 34 of 170Meeting Date: Tuesday, February 11, 2020
Economic Overview 9/30/2019 The Federal Open Market Committee (FOMC) reduced the Fed Funds target range to 1. 75% -2.00% (Effective Fed Funds are trading +/-1.83%). The Futures Market continues to project additional decreases. Gradual Federal Reserve Bank portfolio reduction ended. August Non Farm Payroll added 136,000 new jobs, with the rolling three month averaging 157,000. Crude oil settled back and trades +/-$55. The Stock Markets waffled near the recent highs. Consumer spending continues albeit less robustly. Overall economic activity remains mostly positive with 2nd Quarter GDP recorded at 2.0%. Brexit, Chinese trade concerns, growth outlook, and other factors may weigh on US growth. The inverted Yield Curve persists with yields declining. 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 o~ ro ~o 4.<(f 4.<(f 4.<(f " "' "> - -•September 30, 2018 Treasurv Yield Curves 4.<(f " June 30, 2019 -September 30, 2019 US Treasurv Historical Yields -Since 2006 6.00 5.50 5.00 4.50 4.00" 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 4.~ ~ si' ~1 ~'I>~ ~'I>~ -~ ~ ~ ~ ~ ~ ~ ~ ~ . , , , , , , , , , , , I --•Six Month I-Biii Two Year I-Note -Ten Year I-No: S&P 500 3,250 ~--------------------------------, 3,000-t----------------------------"7'"---. ... 2,750 +---------------------------:alb#411t#~ 2,500-t--------------------------:;;..,,'------11-----t 2,250 +------------------------=c-*1''-'-----------t 2,000 +---------------.,.,..=V"IM"'"'----------; 1,750 -!----------------= .... ,...~---------------; 1,500+-----------:--"::K:~'-=------------------i 1,250~1o----.,..--:;a""""" ... ,._,._ __________________ ----t 1,000-l-lr.--:;;i.,.<-=--""=----------------------------i 750+--'-'W-----------------------------~ 500-+-------------------------------~ 250-+-------------------------------~ o-+-------.---~--.-----.---.------.-----.---.---....-~ ))'b ~'I>~ ))°' ., .._<:::> ii ~ "" ~'I>~ #'""" #,...,,, ""' ~'I>~ "" ~~ ,ro ~'I>~ '.\ ii" ~ 'b ~i' "°' #' US Treasury Historical Yields -Since Nov 2015 150 I I 3.oo I . .It .. , § _.,...,. I 2.50 I I Jw1 .1o.-' -...... ....... I --~-~~ .. 2.00 I " -• / ..... --pr\=:J 1 50 I .. ,__ • r ..... . ,. ,, 'WI 1.00 -r--o.5o I 1 ...... -•• _,,_, --I 0.00 -1--.....--.....--....--~--.---.---.----.--------.---.------...---J .~ ~ .ro ~ .ro ~ ,1 ~ ~ ~ .'b .'b ~ .~ ~ ~ ~&·' '<Ji'~"'_,,., ~cs' ~&·' '<J>'' ¥"'..,. ~cs' ..:iP~·' '<ev 'I>.,., ~cs' ~,, '<qp' 'I>..,., ~cs' I --•Six Month I-Biii --Two Year I-Not! -Ten ye8ft-Nota I Valley View Consulting, L.L.C. Page 3. Town Council MeetingPage 35 of 170Meeting Date: Tuesday, February 11, 2020
Investment Holdings September 30, 2019 Coupon/ Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (days) Yield Wells Fargo -Cash 0.00% 10/01/19 09/30/19 $ 6,261 $ 6,261 1.00 $ 6,261 1 0.00% Wells Fargo-Sweep 1.81% 10/01/19 09/30/19 754,299 754,299 1.00 754,299 1 1.81% Financial Northeastern Co. Cash 0.00% 10/01/19 09/30/19 5,300 5,300 1.00 5,300 1 0.00% lnterBankMoneyMarket 2.31% 10/01/19 09/30/19 249,481 249,481 1.00 249,481 1 2.31% lnterBank Insured Cash Sweep 2.41% 10/01/19 09/30/19 6,547,187 6,547,187 1.00 6,547,187 1 2.41% TexPool LGIP AA.Am 2.16% 10/01/19 09/30/19 570,427 570,427 1.00 570,427 1 2.16% TexasCLASS LGIP AA.Am 2.20% 10/01/19 09/30/19 1,262,611 1,262,611 1.00 1,262,611 1 2.20% LegacyTexas Bank CD 2.40% 10/17/19 04/17/18 206,922 206,922 100.00 206,922 LegacyTexas Bank CD 2.50% 01/17/20 04/17/18 207,216 207,216 100.00 207,216 BankOZK CDARS 2.76% 02/06/20 02/07/19 982,375 982,375 100.00 982,375 Origin Bank CD 1.25% 02/21/20 08/21/19 2,027,067 2,027,067 100.00 2,027,067 Morgan Stanley Bank CD 2.65% 04/20/20 04/19/18 200,000 200,000 100.45 200,902 $ 13,019,147 $ 13,019,147 $ 13,020,049 (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. 17 109 129 144 203 38 (1) 2.43% 2.53% 2.80% 1.25% 2.65% 2.19% (2) (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. Valley View Consulting, L.L.C. Page 4. Town Council MeetingPage 36 of 170Meeting Date: Tuesday, February 11, 2020
MMNMMF/ LGIP 66% Demand Accounts 6% Portfolio Composition Total Portfolio Performance CDs/ Securities 28% 3.00 -.------------------------, 2.5ol ~I 2.00 I /A' I 1.50 I H/ I 1.001 ~~ o.50 I :z:;.:: r.r I 0.00 J;-~~=-......-....--,..--..,,..----.----.---,-----.--.--.----.-......-....--J .... ~ .... ~ .... ~ .... ~ .... ~ .... ~ .... ~ ~ ~ ~ ~ .... 'b .... 'b .... 'b .... 'b "Cb "Cb "Cb ~~~~~~~~~~~~~~~~~~ -TexPool -Weighted Average Yield -Rolling 6 Month T-Bill Distribution by Maturity (Millions) $12 $10 $8 $6 $4 $2 $0 ~ ~ ~ -{~ '!>co <?>co ,,,'i>co "o"' \ \0 '!>'°" \0 <?>'°" \0 00-i"' \'i>\ -{00\'i> \ \0'), -{00~"' 'l-"' Total Portfolio (Millions) $25,---------------------, $20 $15 $10 ,_ --·-·--·--I $5 $0 1•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•,•1 ~~~~~~~~~~~~~~~~~~~~~~~ ~~-..,~~e:,eq<:/J~'b<: ..,~~ e:,eq<:/J~~-..,~~ 00<{/J~'b<: ..,~~00q<:lf ~~-..,~~4~<:/f ~'b<: ..,~~ 00q • Quarter End Book Value Valley View Consulting, L.L.C. Page 5. Town Council MeetingPage 37 of 170Meeting Date: Tuesday, February 11, 2020
Book Value Comparison June 30, 2019 Coupon/ Maturity Original Face\ Purchases/ Sales/Adjust/ Description Discount Date Par Value Book Value Adjustments Call/Maturity Wells Fargo-Cash 0.00% 10/01/19 $ 3,676 $ 3,676 $ 2,585 $ Wells Fargo-Sweep 1.81% 10/01/19 1,084,131 1,084,131 Financial Northeastern Co. Cash 0.00% 10/01/19 5,300 5,300 lnterBank Money Market 2.31% 10/01/19 249,553 249,553 lnterBank Insured Cash Sweep 2.41% 10/01/19 5,921,409 5,921,409 625,778 TexPool LGIP 2.16% 10/01/19 2,799,539 2,799,539 TexasCLASS LGIP 2.20% 10/01/19 1,554,696 1,554,696 East West Bank CD 2.31% 07/16/19 359,906 359,906 East West Bank CD 2.74% 07/19/19 721,062 721,062 Origin Bank CD 2.72% 08/21/19 2,013,265 2,013,265 AmEx Savings Bank CD 1.75% 08/29/19 247,000 247,000 East West Bank CD 2.72% 09/13/19 510,961 510,961 LegacyTexas Bank CD 2.40% 10/17/19 205,676 205,676 1,247 LegacyTexas Bank CD 2.50% 01/17/20 205,915 205,915 1,300 BankOZK CDARS 2.76% 02106120 975,565 975,565 6,810 Origin Bank CD 1.25% 02/21/20 - -2,027,067 Morgan Stanley Bank CD 2.65% 04/20/20 200,000 200,000 (329,832) (72) (2,229, 112) (292,085) (359,906) (721,062) (2,013,265) (247,000) (510,961) September 30, 2019 Original Face\ Par Value $ 6,261 754,299 5,300 249,481 6,547,187 570,427 1,262,611 206,922 207,216 982,375 2,027,067 200,000 Book Value $ 6,261 754,299 5,300 249,481 6,547,187 570,427 1,262,611 206,922 207,216 982,375 2,027,067 200,000 TOTAL $ 17,057,653 $ 17,057,653 $ 2,664,787 $ j6,703,294) $ 13,019, 147 $ 13,019, 147 Valley Viem Consulting, L.L.C. Page 6. Town Council MeetingPage 38 of 170Meeting Date: Tuesday, February 11, 2020
Market Value Comparison June 30, 2019 Maturity Original Face\ Market Qtr to Qtr Description Date Piir Value Price Market Value Charige Wells Fargo-Cash 10/01/19 $ 3,676 1.00 $ 3,676 $ 2,585 Wells Fargo-Sweep 10/01119 1,084,131 1.00 1,084,131 (329,832) Financial Northeastern Co. Cash 10/01/19 5,300 1.00 5,300 lnterBank Money Market 10/01 /19 249,553 1.00 249,553 lnterBank Insured Cash Sweep 10/01/19 5,921,409 1.00 5,921,409 TexPoolLGIP 10/01/19 2,799,539 1.00 2,799,539 TexasCLASS LGIP 10/01/19 1,554,696 1.00 1,554,696 East West Bank CD 07/16/19 359,906 100.00 359,906 East West Bank CD 07/19/19 721,062 100.00 721,062 Origin Bank CD 08/21/19 2,013,265 100.00 2,013,265 AmEx Savings Bank CD 08/29/19 247,000 99.91 246,765 East West Bank CD 09/13/19 510,961 100.00 510,961 LegacyTexas Bank CD 10/17/19 205,676 100.00 205,676 LegacyTexas Bank CD 01/17/20 205,915 100.00 205,915 BankOZK CDARS 02106120 975,565 100.00 975,565 Origin Bank CD 02/21/20 --Morgan Stanley Bank CD 04/20/20 200,000 100.38 200,754 TOTAL 17,057,653 17,058,173 Valley Vifffl Consulting, L.L.C. (72) 625,778 (2,229, 112) (292,085) (359,906) (721,062) (2,013,265) (246,765) (510,961) 1,247 1,300 6,810 2,027,067 148 (4,038, 124) September 30, 2019 Original Face\ Market Par Value Price $ 6,261 1.00 754,299 1.00 5,300 1.00 249,481 1.00 6,547,187 1.00 570,427 1.00 1,262,611 1.00 206,922 100.00 207,216 100.00 982,375 100.00 2,027,067 100.00 200,000 100.45 13,019,147 Market Value $ 6,261 754,299 5,300 249,481 6,547,187 570,427 1,262,611 206,922 207,216 982,375 2,027,067 200,902 13,020,049 Page 7. Town Council MeetingPage 39 of 170Meeting Date: Tuesday, February 11, 2020
Allocation September 30, 2019 Book Value Wells Fargo -Cash Wells Fargo -Sweep Financial Northeastern Co. Cash lnterBank Money Market lnterBank Insured Cash Sweep TexPool LGIP TexasCLASS LGIP 10/17/19-LegacyTexas Bank CD 01/17/2~LegacyTexas Bank CD 02/06/2~BankOZK CDARS 02/21/2~rigin Bank CD 04/20/20-Morgan Stanley Bank CD Total Market Value Wells Fargo -Cash Wells Fargo -Sweep Financial Northeastern Co. Cash lnterBank Money Market lnterBank Insured Cash Sweep TexPool LGIP TexasCLASS LGIP 10/17/19-LegacyTexas Bank CD 01/17/2~LegacyTexas Bank CD 02/06/2~BankOZK CDARS 02/21/2~rigin Bank CD 04/20/20-Morgan Stanley Bank CD Total Total $ 6,261 754,299 5,300 249,481 6,547,187 570,427 1,262,611 206,922 207,216 982,375 2,027,067 200,000 General Fund Debt Service $ 6,261 $ 754,299 124,741 3,012,734 229,465 190,243 2,027,067 17,307 Stonn 2010 Tax Drainage Notes Utility $ -$ -323,654 Hotel Parkland Occupancy Dedication Tax $ -$ --593,073 479,295 2016 co 2017 co Bond Funds Bond Funds $ --124,741 424,212 $ -5,300 3,110,241 206,922 207,216 982,375 200,000 $13,019,147 $ 6,344,811 $ 17,307 $ 323,654 $ - $ 593,073 $ 479,295 $ 548,953 $4,712,054 Total General Fund Debt Service Storm 2010 Tax Drainage Notes Utility $ 6,261 $ 6,261 $ $ -$ -754,299 754,299 5,300 249,481 124,741 6,547,187 3,012,734 570,427 229,465 17,307 323,654 1,262,611 190,243 206,922 207,216 982,375 2,027,067 2,027,067 200,902 Hotel Parkland Occupancy Dedication Tax $ -$ -593,073 479,295 2016 co 2017 co Bond Funds Bond Funds $ -$ 124,741 424,212 -5,300 3,110,241 206,922 207,216 982,375 200,902 $13,020,049 $ 6,344,811 $ 17,307 $ 323,654 $ - $ 593,073 $ 479,295 $ 548,953 $4,712,956 Page 8. Valley View Consulting, L.L.C. Town Council MeetingPage 40 of 170Meeting Date: Tuesday, February 11, 2020
Allocation June 30, 2019 Book Value Storm 2010 Tax Hotel Parkland 2016 co 2017 co Total General Fund Debt Service Drainage Notes Occupancy Dedication Bond Funds Bond Funds Utility Tax Wells Fargo -Cash $ 3,676 $ 3,676 $ -$ -$ -$ -$ -$ -$ Wells Fargo -Sweep 1,084,131 1,084,131 Financial Northeastern Co. Cash 5,300 -- -- - - -5,300 lnterBank Money Market 249,553 124,776 - - - - -124,776 lnterBank Insured Cash Sweep 5,921,409 3,490,920 - ----420,499 2,009,991 TexPool LGIP 2,799,539 599,716 1,629,572 527,321 42,930 TexasCLASS LGIP 1,554,696 488,529 ---589,643 476,524 07/16/19-East West Bank CD 359,906 - --- -- -359,906 07/19/19-East West Bank CD 721,062 - ---- --721,062 08/21/19-0rigin Bank CD 2,013,265 2,013,265 08/29/19-AmEx Savings Bank CD 247,000 247,000 09/13/19-East West Bank CD 510,961 510,961 10/17/19-LegacyTexas Bank CD 205,676 ------ -205,676 01/17/20-LegacyTexas Bank CD 205,915 --- -- --205,915 02/06/20-BankOZK CDARS 975,565 - ---- --975,565 04/20/20-Morgan Stanley Bank CD 200,000 ---- - --200,000 Total $ 17,05?_,653 $ 8,562,974 $ 1,629,572 $ 527,321 $ 42,930 $ 589,643 $ 476,524 $ 545,275 $ 4,683,414 Valley Vi&N Consulting, L.L.C. Page 9. Town Council MeetingPage 41 of 170Meeting Date: Tuesday, February 11, 2020
Allocation June 30, 2019 Market Value Storm 2010 Tax Hotel Parkland 2016 co Total General Fund Debt Service Drainage Occupancy 2017 co Utility Notes Tax Dedication Bond Funds Bond Funds Wells Fargo -Cash $ 3,676 $ 3,676 $ -$ -$ -$ -$ -$ -$ Wells Fargo -Sweep 1,084,131 1,084,131 Financial Northeastern Co. Cash 5,300 --- ----5,300 lnterBank Money Market 249,553 124,776 -- ---124,776 lnterBank Insured Cash Sweep 5,921,409 3,490,920 -- - --420,499 2,009,991 TexPool LGIP 2,799,539 599,716 1,629,572 527,321 42,930 TexasCLASS LGIP 1,554,696 488,529 ---589,643 476,524 07/16/19-East West Bank CD 359,906 ---- ---359,906 07/19/19-East West Bank CD 721,062 --- --- -721,062 08/21/19-0rigln Bank CD 2,013,265 2,013,265 08/29/19-AmEx Savings Bank CD 246,765 246,765 09/13/19-East West Bank CD 510,961 510,961 10/17/19-LegacyTexas Bank CD 205,676 -- - --- -205,676 01/17/20-LegacyTexas Bank CD 205,915 -- -----205,915 02/06/20-BankOZK CDARS 975,565 -------975,565 04/20/20-Morgan Stanley Bank CD 200,754 ------ -200,754 Total $17,058,173 $ 8,562,740 $ 1,629,572 $ 527,321 $ 42,930 $ 589,643 $ 476,524 $ 545,275 $ 4,684,168 Valley Vif!Ni Consulting, L.L.C. Page 10. Town Council MeetingPage 42 of 170Meeting Date: Tuesday, February 11, 2020
Page 1 of 2
To: Mayor and Town Council
From: Steve Norwood, Town Manager
CC: Sharon David, Town Secretary
Mike Erwin, Finance Manager
April Duvall, Chief Financial Analyst
Re: Fiscal Year 2019 – “Revised” Fourth Quarter Investment Report
Town Council Meeting, February 11, 2020
Agenda Item:
Consider and take appropriate action regarding the “Revised” Fourth Quarter Investment
Report for Fiscal Year 2019 (S. Norwood).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town’s current interest-bearing accounts have an ending market value of $10,992,981
$13,020,049 as of September 30, 2019, which is a decrease of ($6,065,192) ($4,038,124) since
June 30, 2019. This is primarily due to the majority of ad valorem collections being received in
the prior quarters. The portfolio is liquid with a weighted average life of 18 38 days.
The total average yield for this quarter was 2.37% 2.19%which is higher than the average
rolling 6-month Treasury-Bill yield of 2.17% 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 favorable 2.41% yield.
Financial Considerations:
Interest earnings for this quarter total $89,088 $91,865 which gives the Town a year to date
interest earning of $404,322 $407,099 for Fiscal Year 2019.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Town Council Meeting Page 43 of 170 Meeting Date: Tuesday, February 11, 2020
Page 2 of 2
Staff Recommendation:
Staff recommends approval of the “Revised” Fourth Quarter Investment Report for Fiscal Year
2019. Staff identified a $2,000,000 CD placed with Origin Bank was missing from the prior
Fourth Quarter Investment report submission. The $2,000,000 was always reflected in the
Town’s ERP (Electronic Record Keeping) systems. The Investment report was revised to reflect
the change and the corrected report is attached.
Attachments:
• “Revised” Fourth Quarter Investment Report FY 2019
Town Council Meeting Page 44 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-014-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Receive Annual Racial Profiling Report (S. Norwood).
Attachments:Trophy Club PD 2019 Racial Profiling Report - 1.21.2020.pdf
Annual Racial Profiling Report 1-2020.pdf
Action ByDate Action ResultVer.
Receive Annual Racial Profiling Report (S. Norwood).
Town Council Meeting Page 45 of 170 Meeting Date: Tuesday, February 11, 2020
A N N UA L REPO RT
TRO PH Y CLU B
PO LI CE D EPA RTM EN T
2
0
1
9
SA N D RA BLA N D A CTTown Council Meeting Page 46 of 170 Meeting Date: Tuesday, February 11, 2020
L o r em i p su m d o l o r si t am et , c o n set et u r sad i p sc i n g
el i t r , sed d i am n o n u m y ei r m o d t em p o r i n v i d u n t u t
PAGE 6
Thi s par t icular r epor t cont ai ns t hr ee sect ions w it h inf or mat i on on mot or vehi cl e-r el at ed cont act
dat a. I n addi t i on, w hen appr opr iat e, document at i on is also a component of t hi s r epor t , ai mi ng at
demonst r at i ng t he manner in w hich t he Tr ophy Cl ub Pol ice D epar t ment has compli ed w i t h t he Texas
Raci al Pr of il i ng Law. In sect i on 1, you w i l l f i nd t he t able of cont ent s i n addi t ion t o t he Texas Senat e Bi l l
(SB1074); w hich l at er became t he Texas Racial Pr of i li ng Law. Fur t her , you w i l l f i nd t he Texas H B 3389,
w hich, in 2009, int r oduced new r equir ement s r el evant t o r aci al pr of i l i ng as w ell as t he Sandr a Bl and Act .
Al so, i n t his sect ion, a l ist of r equi r ement s r el evant t o t he Raci al Pr of il i ng Law as est abl i shed by TCOLE
(Texas Commi ssi on on Law Enf or cement ) is included. I n addi t i on, you w i l l f ind, i n sect i ons 2 and 3
document at i on w hi ch demonst r at es compl i ance by t he Tr ophy Cl ub Pol i ce Depar t ment r el evant t o t he
r equir ement s as est abl i shed i n t he Texas Raci al Pr of i l i ng Law. That i s, you w i l l f ind document s r el evant t o
t he i mplement at i on of an inst it ut ional policy banni ng r acial pr of i ling, t he i ncor por at ion of a r aci al
pr of i ling compl ai nt pr ocess and t he t r ai ni ng admi nist er ed t o al l l aw enf or cement per sonnel.
The last sect i on of t hi s r epor t i ncl udes st at i st i cal dat a r el evant t o cont act s, made dur i ng t he
cour se of mot or vehi cle st ops and in accor dance w i t h t he l aw , bet w een 1/1 /19 and 12/3 1 /19. In addit i on,
t hi s sect i on cont ai ns t he TCOLE Ti er 2 f or m, w hi ch i s r equi r ed t o be submi t t ed t o t his par t i cul ar
or gani zat i on by M ar ch 1 st of each year. The dat a i n t hi s r epor t has been analyzed and compar ed t o dat a
der i ved f r om t he U.S. Census Bur eau?s Fai r Roads St andar d. The f i nal analysis and r ecommendat i ons ar e
al so included i n t hi s r epor t . The f i ndings i n t his r epor t ser ve as evi dence of t he Tr ophy Cl ub Pol i ce
Depar t ment ?s commi t ment t o compl y w it h t he Texas Racial Pr of i li ng Law.
Si ncer ely,
Alex del Car men, Ph.D.
Januar y 19, 2 0 2 0
Tr ophy Cl ub Cit y Counci l
1 Tr ophy W ood Dr i ve
Tr ophy Cl ub, Texas 7 6 2 6 2
Dear Di st i ngui shed M ember s of t he Ci t y Counci l,
In 2001, The Texas Legisl at ur e, w i t h t he int ent of addr essi ng
t he i ssue of r aci al pr of i ling i n pol icing, enact ed t he Texas Raci al
Pr of i l ing Law. In pr evi ous year s, t he Tr ophy Cl ub Poli ce
Depar t ment , i n accor dance w i t h t he law , has col l ect ed and r epor t ed
t r af f i c and mot or vehicle-r el at ed cont act dat a f or t he pur pose of
ident i f yi ng and addr essi ng (i f necessar y) ar eas of concer n r egar ding
r aci al pr of i l ing pr act i ces. I n t he 2009 Texas l egi slat i ve session, t he
Raci al Pr of i li ng Law w as modi f i ed and addi t i onal r equi r ement s w er e
impl ement ed. M or eover , i n 2017, t he Sandr a Bl and Act w as passed
and si gned i nt o law (al ong w i t h H B 3051 w hich i nt r oduced new
r aci al and et hni c desi gnat i ons). The Sandr a Bl and Law r equi r es t hat
law enf or cement agencies i n t he st at e col l ect addit i onal dat a and
pr ovi de a mor e det ai l ed anal ysis. Al l of t hese r equir ement s have
been met by t he Tr ophy Club Pol i ce Depar t ment and ar e i ncl uded i n
t hi s r epor t .
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2
HEADLINEby aut hor
3
Tabl e o f Cont ent s
I nt r oduct i on
Let t er t o Counci l M ember s 1
Tabl e of Cont ent s 2
Respondi ng t o t he Law
Publ i c Educat i on on Fil i ng Compli ment s and Complaint s 5
Raci al Pr of i ling Cour se N umber 3256 7
Repor t s on Compl i ment s and Raci al Pr of i li ng Complaint s 1 3
Ti er 2 D at a (Incl udes t ables)16
A nal ysi s and I nt er pr et at i on of Dat a
Ti er 2 M ot or Vehi cl e-Relat ed Cont act Anal ysi s 27
Compar at i ve Anal ysis 27
Summar y of Findings 28
Checkli st 30
Legi sl at i ve and A dmi ni st r at i ve A ddendum
TCOLE Guidel ines 33
The Texas Law on Racial Pr of i l ing 38
M odi f i cat ions t o t he Or i gi nal Law 45
Raci al and Et hni c D esignat ions 53
The Sandr a Bl and Act 54
Tr ophy Club Pol ice Depar t ment Racial Pr of i li ng Pol i cy 69
2Town Council Meeting Page 48 of 170 Meeting Date: Tuesday, February 11, 2020
Respo nd i n g t o
t h e Law
3 Town Council Meeting Page 49 of 170 Meeting Date: Tuesday, February 11, 2020
4
4Town Council Meeting Page 50 of 170 Meeting Date: Tuesday, February 11, 2020
Pu b l i c Ed u cat i o n on
Fi l i n g Com pl i ment s
an d Com pl ai n t s
I nf or mi ng t he Publ i c on t he Pr ocess of Fi l i ng
a Compl i ment or Compl ai nt w i t h t he
Tr ophy Cl ub Pol i ce D epar t ment
The Texas Raci al Pr of i l i ng Law r equi r es t hat poli ce agenci es pr ovi de i nf or mat i on t o t he publ i c
r egar di ng t he manner in w hi ch t o f il e a compl i ment or r acial pr of i ling compl ai nt . In an ef f or t t o
comply w it h t hi s par t i cul ar component , t he Tr ophy Cl ub Pol i ce Depar t ment launched an
educat i onal campaign aimed at i nf or ming t he publ ic on i ssues r elevant t o t he r aci al pr of i l i ng
complai nt pr ocess.
The pol i ce depar t ment made avail abl e, i n t he l obby ar ea and on i t s w eb si t e, i nf or mat i on r elevant
t o f i li ng a compl i ment and compl ai nt on a r aci al pr of ili ng viol at i on by a Tr ophy Club Poli ce of f icer.
In addi t i on, each t i me an of f icer issues a ci t at ion, t i cket or w ar ning, i nf or mat i on on how t o f i l e a
compli ment or complai nt i s gi ven t o t he i ndivi dual ci t ed. This i nf or mat i on i s in t he f or m of a w eb
addr ess (i ncl uding i n t he document i ssued t o t he ci t i zen), w hi ch has i nst r uct i ons and det ai ls
specif i cs r el at ed t o t he compl i ment or compl ai nt pr ocesses.
I t i s bel i eved t hat t hr ough t hese ef f or t s, t he communit y has been pr oper l y i nf or med of t he new
pol i ci es and t he compl ai nt pr ocesses r elevant t o r aci al pr of i ling.
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Ph ot o Cap t i o n
Ph ot o Cap t i o n
All Tr ophy Club Pol ice of f i cer s have been
inst r uct ed, as speci f i ed i n t he Texas Raci al
Pr of i li ng Law , t o adher e t o al l Texas Commission
on Law Enf or cement (TCOLE) t r aini ng and t he
Law Enf or cement M anagement Inst i t ut e of Texas
(LEM I T) r equir ement s. To dat e, al l sw or n of f icer s
of t he Tr ophy Club Pol i ce Depar t ment have
compl et ed t he TCOLE basi c t r ai ning on r aci al
pr of i li ng. The mai n out l ine used t o t r ain t he
of f i cer s of Tr ophy Club has been included i n t his
r epor t .
Tr ai n i n g
9
It i s impor t ant t o r ecogni ze t hat t he Chief of t he
Tr ophy Club Pol ice D epar t ment has also met t he
t r ai ning r equi r ement s, as speci f i ed by t he Texas
Raci al Pr of i li ng Law , i n t he compl et i on of t he
LEM I T pr ogr am on r aci al pr of i l i ng. The
sat isf act or y compl et ion of t he r aci al pr of i li ng
t r ai ning by t he sw or n per sonnel of t he Tr ophy
Cl ub Poli ce Depar t ment f ul f i ll s t he t r aini ng
r equi r ement as speci f ied i n t he Educat i on Code
(96.641) of t he Texas Raci al Pr of i l i ng Law.
6Town Council Meeting Page 52 of 170 Meeting Date: Tuesday, February 11, 2020
Raci al Pr of i l i n g
Co u r se N u mb er 3 2 5 6
Tex as Commi ssi on on Law Enf or cement
Sept ember 2 001
Raci al Pr of i l i ng 325 6
Inst r uct or 's N ot e:
You may w ish t o t each t his cour se i n conjunct i on w i t h Asset For f eit ur e 3 2 5 5 because of t he r el at ed
subj ect mat t er and appl i cabi l i t y of t he cour ses. I f t his cour se i s t aught i n conj unct i on w i t h Asset
For f ei t ur e, you may r epor t i t under Combined Pr of i l i ng and For f ei t ur e 3257 t o r educe dat a ent r y.
A bst r act
Thi s i nst r uct or gui de i s desi gned t o meet t he educat ional r equir ement f or r aci al pr of i l i ng est abl i shed by
l egi sl at ive mandat e: 77R-SB1074.
Tar get Popul at i on: Li censed l aw enf or cement per sonnel i n Texas
Pr er equi si t es: Exper i ence as a l aw enf or cement of f i cer
Lengt h of Cour se: A suggest ed i nst r uct i onal t i me of 4 hour s
M at er i al Requi r ement s: Over head pr oject or , chalk boar d and/or f li p char t s, video t ape pl ayer ,
handout s, pr act i cal exer cises, and demonst r at ions
I nst r uct or Qual i f i cat i ons: I nst r uct or s should be ver y know l edgeabl e about t r af f i c st op pr ocedur es and
l aw enf or cement issues
Eval uat i on Pr ocess and Pr ocedur es
An exami nat i on shoul d be gi ven. The i nst r uct or may decide upon t he nat ur e and cont ent of t he
exami nat i on. I t must , how ever , suf f i ci ent l y demonst r at e t he mast er y of t he subject cont ent by t he
st udent .
Ref er ence M at er i al s
Ref er ence mat er i als ar e l ocat ed at t he end of t he cour se. An el ect r oni c copy of t hi s i nst r uct or gui de may
be dow nl oaded f r om our w eb si t e at ht t p://w w w.t cl eose.st at e.t x.us.
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Raci al Pr of i l i ng 3 2 5 6
1.0 RACI A L PROFI LI NG A N D TH E LAW
1.1 UNI T GOA L: The st udent w i l l be abl e t o i dent i f y t he l egal aspect s of r aci al pr of i l i ng.
1 .1.1 LEA RN I N G OBJECTI V E: The st udent w i l l be abl e t o i dent i f y t he l egi sl at i ve r equi r ement s pl aced
upon peace of f i cer s and l aw enf or cement agenci es r egar di ng r aci al pr of i l i ng.
Raci al Pr of i l i ng Requi r ement s:
Raci al pr of i l i ng CCP 3.0 5
Raci al pr of i l i ng pr ohibi t ed CCP 2.131
Law enf or cement pol icy on r aci al pr of i l i ng CCP 2.132
Repor t s r equir ed f or t r af f ic and pedest r i an st ops CCP 2.1 3 3
Li abi l i t y CCP 2.1 3 6
Racial pr of il i ng educat i on f or pol i ce chi ef s Educat i on Code 96.641
Tr aini ng pr ogr am Occupat i ons Code 1701.253
Tr aini ng r equi r ed f or i nt er medi at e cer t i f icat e Occupat i ons Code 1701.402
Def i ni t ion of "r ace or et hni cit y" f or f or m Tr anspor t at ion Code 5 4 3 .202
A . W r i t t en depar t ment al pol i ci es
1. Def i ni t i on of w hat const i t ut es r aci al pr of ili ng
2. Pr ohi bit i on of r aci al pr of i l ing
3. Compl ai nt pr ocess
4. Publ ic educat ion
5. Cor r ect i ve act i on
6. Coll ect i on of t r af f i c-st op st at ist ics
7. Annual r epor t s
B. Not pr i ma f aci e ev i dence
C. Feasi bi l i t y of use of v i deo equi pment
D. D at a does not i dent i f y of f i cer
E. Copy of compl ai nt -r el at ed v i deo evi dence
t o of f i cer i n quest i on
F. Vehi cl e st op r epor t
1. Physi cal descr ipt i on of det ai nees:
gender , r ace or et hni ci t y
2. All eged vi ol at ion
3. Consent t o sear ch
4. Cont r aband
5. Fact s suppor t i ng pr obable cause
6. Ar r est
7. War ning or ci t at i on issued
G. Compi l at i on and anal y si s of dat a
H . Exempt i on f r om r epor t i ng ? audi o/vi deo
equi pment
I. Of f i cer non-l i abi l i t y
J. Fundi ng
K. Requi r ed t r ai ni ng i n r aci al pr of i l i ng
1. Police chi ef s
2. Al l hol der s of int er medi at e cer t i f i cat es and/or
t w o-year -ol d l i censes as of 09/01/2 0 0 1 (t r ai ni ng t o be
complet ed no l at er t han 09/01/2003) ? see
l egi sl at ion 7 7 R-SB1074
8Town Council Meeting Page 54 of 170 Meeting Date: Tuesday, February 11, 2020
1.1.2 LEA RN ING OBJECTI V E: The st udent w i l l become f ami l i ar w i t h Supr eme Cour t deci si ons and
ot her cour t deci si ons i nvol vi ng appr opr i at e act i ons i n t r af f i c st ops.
A . W hr en v. Uni t ed St at es, 517 U.S. 8 0 6 , 1 1 6 S.Ct . 1769 (1996)
1. M ot or vehi cl e sear ch exempt i on
2. Tr af f i c vi ol at ion accept abl e as pr et ext f or f ur t her i nvest i gat i on
3. Select ive enf or cement can be chal l enged
B. Ter r y v. Ohi o, 392 U.S. 1 , 8 8 S.Ct . 1868 (1968)
1. St op & Fr isk doct r ine
2. St oppi ng and br i ef l y det aini ng a per son
3 . Fr i sk and pat dow n
C. Ot her cases
1. Pennsylvani a v. M i mms, 434 U.S. 106, 9 8 S.Ct . 330 (1977)
2. M ar yland v. W i l son, 1 1 7 S.Ct . 882 (1 9 9 7 )
3. Gr aham v. St at e, 119 M dApp 444, 705 A.2d 82 (1998)
4. Pr yor v. St at e, 122 M d.App. 6 7 1 (1997) cer t . deni ed 3 5 2 M d. 312, 721 A.2d 990 (1 9 9 8 )
5. Fer r is v. St at e, 355 M d. 3 5 6 , 7 3 5 A.2d 491 (1 9 9 9 )
6. N ew Yor k v. Bel t on, 453 U.S. 454 (1981)
Raci al Pr of i l i n g
Co u r se N u mb er 3 2 5 6
Tex as Commi ssi on on Law Enf or cement
Sept ember 2 001
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B. Raci al pr of i li ng w oul d r esul t i n cr i minal ar r est s, but onl y because i t w oul d t ar get al l member s of a r ace
r andomly ? t he mi nor benef i t s w oul d be f ar out w ei ghed by t he di st r ust and anger t ow ar ds l aw
enf or cement by mi nor i t i es and t he publ i c as a w hole .
C. Racial pr of i l i ng i s self -f ul f i lli ng bad logi c: if you beli eved t hat mi nor it i es commi t t ed mor e cr i mes, t hen
you mi ght l ook f or mor e mi nor it y cr imi nal s, and f ind t hem i n di spr opor t ionat e number s.
D. Inappr opr i at e t r af f i c st ops gener at e suspi ci on and ant agoni sm t ow ar ds of f icer s and make f ut ur e
st ops mor e vol at i l e ? a r acially-based st op t oday can t hr ow suspi ci on on t omor r ow 's l egit i mat e st op.
E. By f ocusi ng on r ace, you w oul d not onl y be har assi ng i nnocent cit i zens, but over looki ng cr i minals of all
r aces and back gr ounds ? i t i s a w ast e of law enf or cement r esour ces.
2.0 RACI A L PROFI LI NG A N D TH E COM M UN ITY
2.1 UN IT GOA L: The st udent w i l l be abl e t o
i dent i f y l ogi cal and soci al ar gument s agai nst r aci al
pr of i l i ng.
2.1.1 LEA RN IN G OBJECTI V E: The st udent w i l l be
abl e t o i dent i f y l ogi cal and soci al ar gument s
agai nst r aci al pr of i l i ng.
A. Ther e ar e appr opr i at e r easons f or unusual t r af f i c
st ops (suspi ci ous behavi or , t he of f i cer 's i nt ui t ion,
M Os, et c.), but pol i ce w or k must st op shor t of
cult ur al st er eot yping and r aci sm.
1 0Town Council Meeting Page 56 of 170 Meeting Date: Tuesday, February 11, 2020
3.0 RACI A L PROFI LI NG V ERSUS REA SON A BLE SUSPI CI ON
3.1 UNI T GOA L: The st udent w i l l be abl e t o i dent i f y t he el ement s of bot h i nappr opr i at e and appr opr i at e
t r af f i c st ops.
3.1.1 LEA RN I N G OBJECTI V E: The st udent w i l l be abl e t o i dent i f y el ement s of a r aci al l y mot i v at ed
t r af f i c st op.
A. M ost r ace-based complai nt s come f r om vehi cl e st ops, of t en si nce r ace is used as an i nappr opr iat e
subst it ut e f or dr ug cour i er pr of i le element s
B. "D W B" ? "Dr ivi ng W hi l e Bl ack " ? a nickname f or t he publ i c per cept i on t hat a Black per son may be
st opped sol el y because of t hei r r ace (especial ly w i t h t he suspi ci on t hat t hey ar e a dr ug cour i er ), of t en
ext ended t o ot her mi nor it y gr oups or act i vi t i es as w ell ("D r i vi ng W hil e Br ow n," "Flyi ng W hile Bl ack," et c.)
C. A t ypi cal t r af f i c st op r esul t i ng f r om r aci al pr of il i ng
1. The vehi cl e i s st opped on t he basis of a mi nor or cont r i ved t r af f i c vi ol at ion w hi ch is used as a pr et ext f or
cl oser i nspect i on of t he vehi cl e, dr iver , and passenger s
2 . The dr i ver and passenger s ar e quest ioned about t hings t hat do not r el at e t o t he t r af f i c vi ol at i on
3. The dr i ver and passenger s ar e or der ed out of t he vehi cl e
4. The of f i cer s vi sually check all obser vabl e par t s of t he vehi cl e
5. The of f i cer s pr oceed on t he assumpt ion t hat dr ug cour ier w or k is invol ved by det aini ng t he dr i ver and
passenger s by t he r oadsi de
6. The dr i ver is asked t o consent t o a vehi cl e sear ch ? if t he dr iver r ef uses, t he of f i cer s use ot her
pr ocedur es (w ai t i ng on a canine unit , cr iminal r ecor d checks, l i cense-pl at e checks, et c.), and i nt imi dat e t he
dr iver (w it h t he t hr eat of det ai ni ng him/her , obt aini ng a w ar r ant , et c.)
Raci al Pr of i l i ng
Co u r se N u mb er 3 2 5 6
Tex as Commi ssi on on Law Enf or cement
Sept ember 2 001
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3.1.2 LEA RNI N G OBJECTI V E: The st udent w i l l be abl e t o i dent i f y el ement s of a t r af f i c st op w hi ch
w oul d const i t ut e r easonabl e suspi ci on of dr ug cour i er act i v i t y.
A. D r ug cour i er pr of i l e (adapt ed f r om a pr of i l e devel oped by t he D EA)
1. D r i ver i s ner vous or anxi ous beyond t he or di nar y anxi et y and cul t ur al communi cat i on st yl es
2. Si gns of l ong-t er m dr ivi ng (dr i ver is unshaven, has empt y f ood cont ai ner s, et c.)
3. Vehi cl e is r ent ed
4. Dr iver i s a young mal e, 20-3 5
5. N o visi bl e l uggage, even t hough dr iver i s t r avel ing
6. Dr iver w as over -r eck less or over -caut ious i n dr i vi ng and r esponding t o si gnals
7. Use of ai r f r eshener s
B. D r ug cour i er act i vit y i ndi cat or s by t hemsel ves ar e usuall y not suf f i ci ent t o j ust if y a st op
3.1 .3 LEA RNI N G OBJECTI V E: The st udent w i l l be abl e t o i dent i f y el ement s of a t r af f i c st op w hi ch
coul d const i t ut e r easonabl e suspi ci on of cr i mi nal act i v i t y.
A. Thinki ng about t he t ot alit y of cir cumst ances i n a vehicl e st op
B. Vehicle ext er i or
1. N on-st andar d r epai nt ing (esp. on a new vehicl e)
2. Signs of hi dden car go (heavy w ei ght i n t r unk, w i ndow s do not r ol l dow n, et c.)
3. Unusual li cense pl at e suggest i ng a sw i t ch (dir t y plat e, bugs on back pl at e, et c.)
4. Unusual ci r cumst ances (pull i ng a camper at ni ght , k ids' bi kes w it h no ki ds, et c.)
C. Pr e-st op indi cat or s
1 . N ot consi st ent w i t h t r af f i c f l ow
2 . Dr iver i s over l y caut i ous, or dr i ver /passenger s r epeat edly look at pol ice car
3 . Dr iver begi ns usi ng a car - or cel l -phone w hen si gnal ed t o st op
4 . Unusual pul l -over behavi or (i gnor es signal s, hesi t at es, pull s ont o new st r eet , moves object s i n car ,
et c.)
D. Vehi cl e i nt er ior
1 . Rear seat or i nt er i or panel s have been opened, t her e ar e t ools or spar e t ir e, et c.
2 . Inconsist ent i t ems (ant i-t hef t cl ub w it h a r ent al , unexpect ed l uggage, et c.)
Resour ces
Pr oact i ve Fi el d St ops Tr ai ni ng Uni t ? Inst r uct or 's Gui de, M ar yl and Pol i ce and Cor r ect i onal Tr ai ni ng
Commissions, 2001. (See Appendi x A.)
W eb addr ess f or l egisl at i on 77R-SB1 0 7 4 : ht t p://t lo2.t lc.st at e.t x.us/t lo/77r /bil l t ext /SB0 1 0 7 4 F.ht m
12Town Council Meeting Page 58 of 170 Meeting Date: Tuesday, February 11, 2020
Repo r t on Co mpl i men t s
and Raci al Pr o f i l i n g
Com pl ai n t s
13 Town Council Meeting Page 59 of 170 Meeting Date: Tuesday, February 11, 2020
14Report on Compl ai nt s
The f ol l ow i ng t able cont ai ns dat a r egar di ng of f i cer s t hat have been t he subj ect of a complai nt , dur i ng
t he t ime per iod of 1/1/1 9 ---1 2 /31/19, based on al l egat ions out l i ning possibl e vi olat i ons r el at ed t o t he
Texas Raci al Pr of i l ing Law. The f inal di sposit i on of t he case i s also i ncl uded.
A check above indi cat es t hat t he Tr ophy Club Poli ce D epar t ment has not r ecei ved any compl aint s, on
any member s of i t s pol i ce f or ce, f or havi ng viol at ed t he Texas Raci al Pr of i l i ng Law dur i ng t he t i me per i od
of 1/1/19 - 12/31/19.
Compl ai nt s Fi l ed f or Possi bl e V i ol at i ons of The Tex as Raci al Pr of i l i ng Law
Compl ai nt
N o.
A l l eged V i ol at i on Di sposi t i on of t he Case
A ddi t i onal Comment s:
N o Co m p lain t s
14Town Council Meeting Page 60 of 170 Meeting Date: Tuesday, February 11, 2020
Tab l es I l l u st r at i ng M o t or
Veh i cl e-Rel at ed
Con t act s
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Ti er 2 D at a
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Tot al st ops: 4 ,88 0
1. Gender
1.1 Femal e: 1,7 2 1
1.2 M al e: 3,158
2. Race or et hni ci t y
2.1 Bl ack: 4 9 1
2.2 Asian/Paci f ic Isl ander : 270
2.3 W hi t e: 3 ,841
2.4 Hispani c/Lat i no: 267
2.5 Alaska N at ive/Amer i can Indi an: 9
3. W as r ace or et hni ci t y k now n pr i or t o st op?
3.1 Yes: 169
3.2 N o: 3 ,686
4. Reason f or st op?
4.1 Vi ol at i on of l aw : 100
4.2 Pr e-exi st i ng know l edge: 4 3
4.3 M oving t r af f i c viol at i on: 3,917
4.4 Vehi cl e t r af f i c vi olat i on: 8 1 4
18
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5. St r eet addr ess or appr ox i mat e l ocat i on of
t he st op
5.1 Ci t y st r eet : 4,2 1 4
5.2 US hi ghw ay: 8 8
5 .3 Count y r oad: 0
5 .4 St at e H ighw ay: 5
5 .5 Pr ivat e Pr oper t y: 197
6. W as a sear ch conduct ed?
6.1 Yes: 269
6.2 N o: 4 ,279
7. Reason f or Sear ch?
7.1 Consent : 1 1 0
7.2 Cont r aband in pl ai n vi ew : 7
7.3 Pr obable cause: 125
7.4 Invent or y: 14
7 .5 Inci dent t o ar r est : 10
8. W as Cont r aband di scover ed?
8.1 Yes: 151
8.2 N o: 115
9. Descr i pt i on of cont r aband
9.1 Dr ugs: 95
9.2 Cur r ency: 1
9.3 W eapons: 3
9.4 Al cohol : 19
9.5 St olen pr oper t y: 0
9 .6 Ot her : 33
10. Resul t of t he st op
10.1 Ver bal w ar ni ng: 4,0 7 1
10.2 W r it t en w ar ni ng: 5
10.3 Ci t at i on: 429
10.4 W r it t en War ning and Ar r est : 0
10.5 Ci t at i on and Ar r est : 7
10.6 Ar r est : 89
11. A r r est based on
11.1 Viol at i on of Penal Code: 65
11.2 Viol at i on of Tr af f i c Law : 1 2
11.3 Viol at i on of Cit y Or di nance: 0
11.4 Out st andi ng W ar r ant : 17
12. W as physi cal f or ce r esul t i ng i n bodi l y
i nj ur y used dur i ng st op?
12.1 Yes: 0
12.2 No: 4,880
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Tabl e 1. (M ot or Vehi cl e Cont act s I ncl udi ng Ti cket s, Ci t at i ons and W ar ni ngs). (1/1/19-12/31/19).
Race/Et hni ci t y A l l M ot or
Vehi cl e
Cont act s
Ti cket s or
Ci t at i ons*
Ver bal
W ar ni ngs
W r i t t en
W ar ni ngs
W hi t e
Bl ack
H i spani c or Lat i no
A si an or Paci f i c I sl ander
A l ask a N at i ve or A mer i can
M i ddl e East er n **
Ot her
TOTA L
*I ncl udes st ops f or all eged viol at i on of a l aw or or dinance, t i cket s/ci t at i ons, and ver bal and w r i t t en w ar nings
?N ?r epr esent s?number ?of all mot or vehi cl e-r el at ed cont act s
**Race/Et hni cit y i s def i ned by H B 3051.
**N ot Requi r ed Racial /Et hnic Component s
N N N N % % % %
3,587
453
250
247
0
9
4,547
1
79
10
5
5
0
.2
.02
1 0 0
339
40
51
10
0
1
1
442
77
9
12
2
0
.2
.2
1 0 0
3 ,244
413
199
236
0
8
0
4 ,100
79
10
5
6
0
.2
0
100
4
0
0
1
0
0
0
5 100
0
0
0
2 0
0
0
8 0
19 Town Council Meeting Page 65 of 170 Meeting Date: Tuesday, February 11, 2020
20
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Race/Et hni ci t y *Cont act s (i n
per cent ages)
H ousehol ds W i t h Vehi cl e
A ccess (i n per cent ages)
W hi t e 79 60
Bl ack 1 0 1 4
Hi spani c or Lat i no 5 1 9
A si an or Paci f i c I sl ander 5 5
A l ask a N at i ve or A mer i can I ndi an 0 N /A
M i ddl e East er n .2 N/A
Ot her **.02 N/A
TOTA L 100 98
Tabl e 2. M ot or Vehi cl e Cont act s and Fai r Roads St andar d Compar i son (DFW )
Compar i son of mot or vehi cl e-r elat ed cont act s w i t h househol ds t hat have vehi cl e access (i n
per cent ages). (1-1 -2019 t o 12-31-2 0 1 9 ).
"N " r epr esent s "number " of al l mot or vehi cl e cont act s
** Race/Et hni ci t y i s def i ned by H B 3051
** N ot Requi r ed Racial/Et hni c Component s
20Town Council Meeting Page 66 of 170 Meeting Date: Tuesday, February 11, 2020
Race/Et hni ci t y Sear ches Consensual
Sear ches
Cust ody
A r r est s
Wh i t e
Bl ack
Hi spani c or Lat i no
A si an or Paci f i c I sl ander
A l ask a N at i ve or A mer i can
M i ddl e East er n **
O t her **
TOTA L
"N" r epr esent s "number " of all mot or vehi cl e cont act s
** Race/Et hni cit y i s def i ned by H B 3051
** N ot Requi r ed Racial /Et hnic Component s
Tabl e 3. M ot or Vehi cl e Sear ches and A r r est s
(1-1-2019 t o 12-31-2 0 1 9),
Tabl e 4. Tot al N umber of I nst ances w her e Of f i cer s K new /Di d not Know Race/Et hni ci t y of I ndi v i dual s
Bef or e Bei ng D et ai ned (1-1-2019 t o 12-31-2 0 1 9 )
Tot al N umber of I nst ances Of f i cer s
K N EW Race and Et hni ci t y of
I ndi v i dual s Bef or e Bei ng Det ai ned
Tot al N umber of I nst ances Of f i cer s
DI D N OT K N OW Race and Et hni ci t y
of I ndi v i dual s Bef or e Bei ng Det ai ned
169*3,686*
21
156 7 6 87 7 7 69 75
32 1 6 17 15 13 14
13 6 5 4 8 9
4 2 3 3 1 1
0
0
1
206
0
0
.5
100
0
0
0
112
0
0
0
100
0
0
1
92
0
0
1
100
N N N N % % %
* I nf or mat i on i s not compl et e due t o out si de sof t w ar e vendor i ssue. Thi s has been addr essed int er nal l y
as all of f i cer s ar e r equi r ed now t o compl et e a f or m t hat capt ur es t his inf or mat i on, out side of t he cur r ent
sof t w ar e pr ogr am being ut i lized.
Town Council Meeting Page 67 of 170 Meeting Date: Tuesday, February 11, 2020
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Tabl e 5 . I nst ances w her e Peace Of f i cer s Used Physi cal For ce t hat Resul t ed i n Bodi l y I nj ur y
(1 -1-2019 t o 12-31-2 0 1 9 ).
I nst ances W her e Peace
Of f i cer s Used Phy si cal
For ce t hat Resul t ed i n
Bodi l y I nj ur y
Locat i on of St op Reason f or St op
NON E N ONE N ON E
22Town Council Meeting Page 68 of 170 Meeting Date: Tuesday, February 11, 2020
Race/Et hni ci t y Sear ches Cont r aband/
Ev i dence Found
Cont r aband/
Ev i dence N ot
Found
A r r est s
W h i t e
Bl ack
H i spani c or Lat i no
A si an or Paci f i c I sl ander
A l ask a N at i ve or A mer i can
M i ddl e East er n **
Ot her **
TOTA L
Tabl e 6 . Sear ch Dat a. (1-1-2019 t o 12-31-2019).
"N " r epr esent s "number " of al l mot or vehi cle cont act s
** Race/Et hni ci t y i s def i ned by H B 3051
** N ot Requi r ed Racial /Et hnic Component s
23
156
32
13
4
0
0
1
206
76
16
6
2
0
0
.5
100
1 1 3
34
9
3
0
0
2
1 6 1
N %
70
N %
21
6
2
0
0
1
1 0 0
N
101
22
4
3
0
0
0
130
%
78
17
3
0
0
0
100
N
69
13
8
0
0
1
92
%
75
14
9
1
0
0
1
100
2 1
Town Council Meeting Page 69 of 170 Meeting Date: Tuesday, February 11, 2020
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Tabl e 7. Repor t on A udi t s.
The f ol l ow i ng t abl e cont ai ns dat a r egar di ng t he number and out come of r equi r ed dat a audi t s dur i ng t he
per i od of 1-1-2 0 1 9 t o 12-3 1 -2019.
N umber of Dat a A udi t s
Compl et ed
Dat e of Compl et i on Out come of A udi t
3 2019 Dat a r eview ed i s val id and
r eli able.
Dat a A udi t s on Raci al Pr of i l i ng Dat a (1 -1-2019 t o 1 2 -3 1 -2 0 1 9 ).
A ddi t i onal Comment s:
24Town Council Meeting Page 70 of 170 Meeting Date: Tuesday, February 11, 2020
I n an ef f or t t o under st and t he anal ysi s pr ovi ded in t hi s r epor t , i t i s cr ucial t hat t he evol ut i on of t he Texas
Raci al Pr of i li ng Law and it s r equi r ement s, i s discussed. That i s, i n 2001, t he Texas legi slat ur e passed
Senat e Bi l l 1074 w hi ch became t he Texas Racial Pr of ili ng Law. Thus, t he law came i nt o ef f ect on Januar y
1, 2002 and r equi r ed al l pol i ce depar t ment s i n Texas, t o col l ect t r af f i c-r el at ed dat a and r epor t t hi s
inf or mat i on t o t hei r local gover ni ng aut hor i t y by M ar ch 1 st of each year. In 2 0 0 9 , t he r acial pr of i l ing l aw
w as modif i ed t o include t he col l ect i on and r epor t ing of all mot or vehicle r el at ed cont act s w her e a
ci t at i on w as i ssued or ar r est made. I n addi t ion, t he modi f icat i on t o t he l aw f ur t her r equi r es t hat all
pol i ce of f i cer s i ndi cat e w het her or not t hey knew t he r ace or et hni cit y of t he i ndivi dual bef or e det aini ng
t hem. Fur t her , i t w as r equi r ed t hat agencies r epor t mot or vehi cl e r el at ed dat a t o t hei r l ocal gover ni ng
aut hor i t y and t o t he Texas Commission on Law Enf or cement (TCOLE) by M ar ch 1st of each year. The
pur pose i n coll ect i ng and pr esent i ng t hi s inf or mat i on i s t o det er mi ne i f poli ce of f i cer s i n a par t i cul ar
muni ci pal i t y ar e engagi ng i n t he pr act ice of r acial ly pr of i l i ng mi nor i t y mot or i st s.
The Texas Raci al Pr of i l i ng Law al so r equi r es poli ce depar t ment s t o i nt er pr et mot or vehi cl e-r el at ed dat a.
Even t hough most r esear cher s w oul d pr obably agr ee w i t h t he f act t hat i t i s w i t hin t he conf i nes of good
pr act ice f or pol ice depar t ment s t o be account abl e t o t he ci t izenr y w hi le car r yi ng a t r anspar ent i mage
bef or e t he communit y, it i s ver y dif f i cul t t o det er mi ne i f i ndi vidual pol i ce of f i cer s ar e engagi ng i n r aci al
pr of i l ing, f r om a r evi ew and anal ysi s of aggr egat e/i nst i t ut i onal dat a. I n ot her w or ds, i t i s chal lengi ng f or
a r eput abl e r esear cher t o i dent i f y speci f i c ?i ndi vi dual? r aci st behavi or f r om aggr egat e-l evel
?i nst it ut ional ? dat a on t r af f i c or mot or vehi cl e-r el at ed cont act s.
As ment ioned pr eviously, i n 2009, t he Texas Legisl at ur e passed House Bi ll 3389, w hi ch modi f i ed t he
Raci al Pr of i l ing Law by adding new r equi r ement s; t hi s t ook ef f ect on Januar y 1st , 2 0 1 0 . These changes
i ncl uded, but ar e w er e not l i mit ed t o, t he r e-def ini t ion of a cont act t o incl ude mot or vehi cl es w her e a
cit at i on w as i ssued or an ar r est made. I n addi t i on, i t r equir ed pol i ce of f icer s t o indi cat e i f t hey knew t he
r ace or et hni ci t y of t he i ndi vi dual bef or e det aini ng t hem. Al so, t he 2009 law r equi r ed addi ng "middl e
east er n" t o t he r aci al and et hni c cat egor y and submit t i ng t he annual dat a r epor t t o TCOLE bef or e
M ar ch 1st of each year.
A n al y si s an d
I n t er pr et at i on of D at a
25 Town Council Meeting Page 71 of 170 Meeting Date: Tuesday, February 11, 2020
26
I n 2017, t he Texas Legisl at or s passed H .B. 3051 w hi ch r emoved t he M i ddle East er n dat a r equi r ement
but st andar di zed t he r acial and et hnic cat egor ies r el evant t o t he i ndivi dual s t hat came i n cont act w i t h
t he pol i ce. In addi t i on, t he Sandr a Bl and Act (S.B. 1849) w as passed and became l aw. Thus, t he most
si gni f i cant l egi slat i ve act i n Texas hist or y r egar di ng dat a r equi r ement s on l aw enf or cement cont act s,
became l aw and t ook ef f ect on Januar y 1, 2018. The Sandr a Bland Act not onl y r equir es t he ext ensive
collect ion of dat a r el evant t o pol i ce mot or vehi cl e cont act s, but it also mandat es f or t he dat a t o be
anal yzed w hil e addr essi ng t he f ollow i ng:
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 ef f or t t o compl y w i t h The Texas Raci al Pr of il i ng/Sandr a Bl and Law , t he Tr ophy Cl ub Poli ce
Depar t ment commissi oned t he analysis of i t s 2019 cont act dat a. Thus, t w o dif f er ent t ypes of dat a
anal yses w er e per f or med. The f ir st of t hese i nvol ved a car ef ul evaluat i on of t he 2019 mot or
vehicl e-r elat ed dat a. This par t i cul ar anal ysi s measur ed, as r equi r ed by t he l aw , t he number and
per cent age of W hit es, Bl ack s, H i spani cs or Lat i nos, Asians and Paci f ic I slander s, Al aska Nat i ves and
Amer i can I ndians (M iddl e East er ner s and i ndivi dual s bel ongi ng t o t he ?ot her ? cat egor y, as opt i onal
cat egor ies), t hat came i n cont act w i t h t he pol ice i n t he cour se of a mot or vehi cle r el at ed cont act , and
w er e ei t her issued a t i cket , ci t at i on, w ar ni ng w er e i ssued or an ar r est w as made. Al so, i ncl uded i n t hi s
dat a w er e i nst ances w her e a mot or vehicl e cont act t ook place f or an all eged vi olat i on of t he l aw or
or di nance. The Ti er 2 dat a analysis included, but w as not l i mi t ed t o, i nf or mat ion r el evant t o t he number
and per cent age of cont act s by r ace/et hnicit y, gender , r eason f or t he st op, l ocat i on of st op, sear ches
w hile i ndicat ing t he t ype of sear ch per f or med, r esul t of st op, basi s of an ar r est and use of physical f or ce
r esult i ng i n bodily i njur y.
The addi t ional dat a analysi s per f or med w as based on a compar i son of t he 2019 mot or vehi cl e cont act
dat a w it h a speci f ic basel i ne. W hen r eview i ng t hi s par t icular anal ysi s, it shoul d be not ed t hat t her e i s
disagr eement , in t he l i t er at ur e, r egar di ng t he appr opr i at e basel i ne t o be used w hen anal yzi ng mot or
vehi cle-r el at ed cont act i nf or mat ion. Of t he baseli ne measur es avai l abl e, t he Tr ophy Club Pol i ce
Depar t ment opt ed t o adopt , as a basel ine measur e, t he Fai r Roads St andar d. Thi s par t icular basel ine i s
based on dat a obt ai ned t hr ough t he U.S. Census Bur eau (2010) r el evant t o t he number of househol ds
t hat have access t o vehi cl es w hil e cont r ol l i ng f or t he r ace and et hnici t y of t he heads of househol ds.
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26Town Council Meeting Page 72 of 170 Meeting Date: Tuesday, February 11, 2020
I t i s cl ear t hat census dat a pr esent s chal lenges t o any ef f or t made at est abli shing a f ai r and accur at e
r acial pr of il i ng analysis. That is, census dat a cont ai ns i nf or mat ion on all r esi dent s of a par t i cul ar
communi t y, r egar dl ess of t he f act t hey may or may not be among t he dr i ving populat ion. Fur t her ,
census dat a, w hen used as a baseline of compar i son, pr esent s t he challenge t hat i t capt ur es i nf or mat i on
r el at ed t o ci t y r esident s onl y. Thus, excl uding i ndivi dual s w ho may have come i n cont act w i t h t he Tr ophy
Club Pol ice D epar t ment i n 2019 but l ive out si de ci t y l i mi t s. I n some cases, t he per cent age of t he
popul at i on t hat comes in cont act w i t h t he poli ce but l ives out si de cit y l i mi t s r epr esent s a subst ant i al
vol ume of al l mot or vehi cle-r el at ed cont act s made i n a gi ven year.
Si nce 2002, sever al ci vi l r ight s gr oups i n Texas expr essed t hei r desi r e and made r ecommendat ions t o t he
ef f ect t hat all pol ice depar t ment s shoul d r el y, i n t hei r dat a anal ysi s, on t he Fai r Roads St andar d. Thi s
sour ce cont ai ns census dat a speci f i c t o t he number of ?househol ds? t hat have access t o vehi cles. Thus,
pr oposi ng t o compar e ?househol ds? (w hi ch may have mul t i pl e r esi dent s and only a f ew vehicl es) w i t h
?cont act s? (an i ndivi dual -based count ). This, i n essence, const i t ut es a compar ison t hat may r esul t in
ecol ogi cal f al l acy. Despit e t his, t he Tr ophy Cl ub Pol i ce Depar t ment accept ed t he r ecommendat i on t o
ut i l ize t his f or m of compar i son (i.e., census dat a r el evant t o househol ds w i t h vehi cles) i n an at t empt t o
demonst r at e i t s ?good w i l l ? and ?t r anspar ency? bef or e t he communi t y. Thus, t he Fai r Roads St andar d
dat a obt ai ned and used in t hi s st udy is specif i cal ly r el evant t o t he D al l as For t -W or t h (D FW ) M et r opl ex.
Ti er 2 (2019) M ot or Vehi cl e-Rel at ed Cont act A nal y si s
W hen anal yzi ng t he enhanced Tier 2 dat a col l ect ed i n 2019, it w as evi dent t hat most mot or
vehi cl e-r el at ed cont act s w er e made w i t h mal es and most of t he cont act s w er e made w i t h W hit e dr iver s.
Thi s w as f ol l ow ed by Black and Asian dr iver s. I n most i nst ances, pol i ce of f icer s r epor t not know i ng t he
r ace or et hnici t y pr i or t o t he st op. Fur t her , t hey ci t e as t he pr imar y r eason f or t he st op t o have been a
?moving t r af f i c viol at i on?. Thi s w as f ol l ow ed by ?vehi cl e t r af f i c vi ol at i on?.
I n 2019, most of t he cont act s made t ook place i n ci t y st r eet s. The Tr ophy Club Pol i ce D epar t ment ci t es
t hat most cont act s di d not r esul t i n a sear ch. Of t hose sear ches made, most w er e based on pr obable
cause. The second most si gni f icant r eason f or a sear ch w as ?consent ?. I n addit i on, cont r aband w as f ound
as a r esul t of most sear ches. Of t he cont r aband f ound, i n most i nst ances, dr ugs w er e ci t ed as t he most
f r equent cont r aband f ound.
The dat a al so show s t hat t he maj or i t y of st ops r esul t ed in a ver bal w ar ning. Thi s w as f ol l ow ed by
?ci t at i ons?. W hen an ar r est w as made, t he most f r equent r eason pr ovided w as a vi olat i on of t he penal
code. Also, none of t he cont act s r esul t ed i n t he use of physi cal f or ce w hi ch caused bodi ly i nj ur y.
Compar at i ve A nal y si s
The dat a anal ysi s of mot or vehi cl e cont act s t o t he census dat a r el evant t o t he number of ?househol ds? i n
D FW w ho i ndi cat ed, i n t he 2010 census, t hat t hey had access t o vehi cl es, pr oduced i nt er est i ng f i ndi ngs.
Speci f i cal l y, t he per cent age of Bl acks, H ispani cs and Asi ans t hat came i n cont act w i t h t he pol ice w as t he
same or low er t han t he per cent age of Bl ack, Hi spanic and Asi an househol ds in DFW t hat cl ai med, i n t he
2010 census, t o have access t o vehi cl es. The opposi t e w as t r ue of W hi t es. That i s, a higher per cent age
of W hi t es came i n cont act w i t h t he pol i ce t han t he per cent age of W hi t e households i n DFW t hat
cl ai med, i n t he 2 0 1 0 census, t o have access t o vehi cl es.
The anal ysi s of t he sear ches per f or med show s t hat most sear ches pr oduced cont r aband. Thi s is above
nat i onal l aw enf or cement t r ends. I n addi t i on, of t hose sear ches t hat pr oduced cont r aband, t he maj or it y
of t hem i nvol ved W hi t e cont act s. This w as f ol l ow ed by Blacks.
2 7 Town Council Meeting Page 73 of 170 Meeting Date: Tuesday, February 11, 2020
28Summary of Fi ndi ngs
The most r ecent Texas Raci al Pr of i l ing Law r equi r es t hat poli ce depar t ment per f or m dat a audi t s i n
or der t o val i dat e t he dat a being r epor t ed. Consi st ent w i t h t hi s r equi r ement , t he Tr ophy Club Pol ice
D epar t ment has engaged del Car men Consult i ng, LLC i n or der t o per f or m t hese audi t s i n a manner
consi st ent w i t h nor mat i ve st at i st i cal pr act ices. As show n i n t able 7, t he audi t s per f or med have show n
t hat t he dat a is val i d and r el i abl e. Fur t her , as r equi r ed by l aw , t hi s r epor t also i ncludes an anal ysi s on
t he sear ches per f or med. This analysis incl udes i nf or mat i on on w het her cont r aband w as f ound as a
r esul t of t he sear ch w hile cont r ol l ing f or r ace/et hni ci t y. The sear ch anal ysis demonst r at es t hat t he
pol ice depar t ment i s engagi ng in sear ch pr act ices consi st ent w i t h nat ional t r ends i n l aw enf or cement .
As ment i oned ear li er , inf or mat i on r el evant t o w het her or not t he of f i cer knew t he r ace/et hni ci t y of t he
per son bei ng det ai ned i s not compl et e. This w as caused by t he f act t hat t he sof t w ar e dr opped t his
par t i cul ar i t em i n t he mont hs of Oct ober t hr ough December. Alt hough t he sof t w ar e cont i nues t o pose
l i mi t at i ons i n t his par t icul ar ar ea, t he pol i ce depar t ment has t aken measur es t o col l ect t his i nf or mat i on
t hr ough a f or m t hat al l of f i cer s ar e r equir ed t o compl et e r egar di ng t hi s par t i cul ar i t em.
W hi l e consi der i ng t he f i ndings made in t hi s analysis, it i s r ecommended t hat t he Tr ophy Club Pol i ce
Depar t ment shoul d cont inue t o collect and evaluat e addit i onal inf or mat i on on mot or vehi cl e cont act
dat a (i.e., r eason f or pr obabl e cause sear ches, cont r aband det ect ed) w hich may pr ove t o be usef ul
w hen det er mi ni ng t he nat ur e of t he cont act s pol i ce of f i cer s ar e maki ng w i t h al l indi vi dual s.
As par t of t hi s ef f or t , t he Tr ophy Club Pol i ce D epar t ment shoul d cont i nue t o:
1 ) Per f or m an i ndependent anal ysi s on cont act and sear ch dat a i n f ut ur e year s.
2) Commissi on dat a audi t s i n 2020 i n or der t o assess dat a i nt egr i t y; t hat i s, t o ensur e t hat t he
dat a col lect ed is consi st ent w i t h t he dat a bei ng r epor t ed.
The compr ehensi ve anal ysis of t he dat a i ncl uded in t his r epor t demonst r at es t hat t he Tr ophy Cl ub
Pol i ce Depar t ment has compl i ed w i t h t he Texas Raci al Pr of ili ng Law and al l of it s r equi r ement s.
Fur t her , t he r epor t demonst r at es t hat t he pol ice depar t ment has incor por at ed a compr ehensive r aci al
pr of i li ng pol i cy, cur r ent l y of f er s i nf or mat ion t o t he publ i c on how t o f i l e a compl i ment or compl aint ,
commissi ons quar t er l y dat a audi t s i n or der t o ensur e vali di t y and r eli abi l i t y, col l ect s and commi ssi ons
t he anal ysi s of t i er 2 dat a, and ensur es t hat t he pr act i ce of r aci al pr of i l i ng is not t ol er at ed.
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29 Town Council Meeting Page 75 of 170 Meeting Date: Tuesday, February 11, 2020
30
The f ol l ow i ng r equi r ement s w er e met by t he Tr ophy Cl ub Pol i ce D epar t ment i n
accor dance w i t h The Texas Raci al Pr of i l i ng Law :
I mpl ement a Raci al Pr of i l i ng Pol i cy ci t i ng act or act i ons t hat const i t ut e r aci al
pr of i l i ng.
I ncl ude i n t he r aci al pr of i l i ng pol i cy, a st at ement i ndi cat i ng pr ohi bi t i on of any
peace of f i cer empl oyed by t he Tr ophy Cl ub Pol i ce D epar t ment f r om engagi ng
i n r aci al pr of i l i ng.
I mpl ement a pr ocess by w hi ch an i ndi vi dual may f i l e a compl ai nt r egar di ng
r aci al pr of i l i ng vi ol at i ons.
Pr ovi de publ i c educat i on r el at ed t o t he compl i ment and compl ai nt pr ocess.
I mpl ement di sci pl i nar y gui del i nes f or of f i cer s f ound i n vi ol at i on of t he Texas
Raci al Pr of i l i ng Law.
Col l ect , r epor t and anal yze mot or vehi cl e dat a (Ti er 2 ).
Commi ssi on D at a Audi t s and a Sear ch Anal ysi s.
I ndi cat e t ot al number of of f i cer s w ho knew and di d not k now , t he
r ace/et hni ci t y of i ndi vi dual s bef or e bei ng det ai ned.
Pr oduce an annual r epor t on pol i ce cont act s (Ti er 2) and pr esent t hi s t o t he
l ocal gover ni ng body and TCOLE by M ar ch 1, 202 0 .
Adopt a pol i cy, i f vi deo/audi o equi pment i s i nst al l ed, on st andar ds f or
r evi ew i ng vi deo and audi o document at i on.
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Check l i st
30Town Council Meeting Page 76 of 170 Meeting Date: Tuesday, February 11, 2020
LEGI SLATI V E &
A D M I N I STRATI V E
A D D EN D UM
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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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(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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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
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(B) provide to the magistrate a written assessment of the information collected under Paragraph
(A).
(2) The magistrate is not required to order the collection of information under Subdivision
(1) if the defendant in the year preceding the defendant's applicable date of arrest has
been determined to have a mental illness or to be a person with an intellectual disability
[mental retardation] by the local mental health or intellectual and developmental
disability [mental retardation] authority or another mental health or intellectual disability
[mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous determination may proceed
under Subsection (c).
(3) If the defendant fails or refuses to submit to the collection of information regarding
the defendant as required under Subdivision (1), the magistrate may order the defendant to
submit to an examination in a mental health facility determined to be appropriate by the local
mental health or intellectual and developmental disability [mental retardation] authority for a
reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility
operated by the Department of State Health Services or the Health and Human Services
Commission [Department of Aging and Disability Services] for examination only on request of the
local mental health or intellectual and developmental disability [mental retardation] authority
and with the consent of the head of the facility. If a defendant who has been ordered to a facility
operated by the Department of State Health Services or the Health and Human Services
Commission [Department of Aging and Disability Services] for examination remains in the facility
for a period exceeding 21 days, the head of that facility shall cause the defendant to be
immediately transported to the committing court and placed in the custody of the sheriff of the
county in which the committing court is located. That county shall reimburse the facility for the
mileage and per diem expenses of the personnel required to transport the defendant calculated
in accordance with the state travel regulations in effect at the time.
(b) A written assessment of the information collected under Subsection (a)(1)(A) shall be
provided to the magistrate not later than the 30th day after the date of any order issued under
Subsection (a) in a felony case and not later than the 10th day after the date of any order issued
under that subsection in a misdemeanor case, and the magistrate shall provide copies of the
written assessment to the defense counsel, the prosecuting attorney, and the trial court. The
written assessment must include a description of the procedures used in the collection of
information under Subsection (a)(1)(A) and the applicable expert's
observations and findings pertaining to:
(1) whether the defendant is a person who has a mental illness or is a person with an
intellectual disability [mental retardation];
(2) whether there is clinical evidence to support a belief that the defendant may be
incompetent to stand trial and should undergo a complete competency examination under
Subchapter B, Chapter 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:
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(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
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
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57
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
(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.
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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
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
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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:
(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
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jurisdiction information regarding:
(A) common issues concerning jail administration;
(B) examples of successful strategies for maintaining compliance with state law and the rules,
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
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individuals.
SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read
as follows:
(d) The commission shall adopt reasonable rules and procedures establishing minimum
standards regarding the continuity of prescription medications for the care and treatment of
prisoners. The rules and procedures shall require that a qualified medical professional shall
review as soon as possible any prescription medication a prisoner is taking when the prisoner is
taken into custody.
SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019, 511.020,
and 511.021 to read as follows:
Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the
general revenue fund.
(b) The prisoner safety fund consists of:
(1) appropriations of money to the fund by the legislature; and
(2) gifts, grants, including grants from the federal government, and other donations
received for the fund.
(c) Money in the fund may be appropriated only to the commission to pay for capital
improvements that are required under Section 511.009(a)(23).
(d) The commission by rule may establish a grant program to provide grants to counties
to fund capital improvements described by Subsection (c). The commission may only provide a
grant to a county for capital improvements to a county jail with a capacity of not more than 96
prisoners.
Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the
sheriff of each county shall report to the commission regarding the occurrence during the
preceding month of any of the following incidents involving a prisoner in the county jail:
(1) a suicide;
(2) an attempted suicide;
(3) a death;
(4) a serious bodily injury, as that term is defined by
Section 1.07, Penal Code;
(5) an assault;
(6) an escape;
(7) a sexual assault; and
(8) any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal
Code.
(b) The commission shall prescribe a form for the report required by Subsection (a).
(c) The information required to be reported under Subsection (a)(8) may not include the
name or other identifying information of a county jailer or jail employee.
(d) The information reported under Subsection (a) is public information subject to an
open records request under Chapter 552.
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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
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
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be reinstated until the person passes the examination.
(c) The sheriff of a county shall perform the duties of the jail administrator position at
any time there is not a person available who satisfies the examination requirements of this
section.
(d) A person other than a sheriff may not serve in the jail administrator position of a
county jail unless the person satisfies the examination requirement of this section.
SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j) and
adding Subsection (n) to read as follows: commission shall require an officer to complete a 40-
hour statewide education and training program on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental impairments. An officer shall
complete the program not later than the second anniversary of the date the officer is licensed
under this chapter or the date the officer applies for an intermediate proficiency certificate,
whichever date is earlier. An officer may not satisfy the requirements of this subsection [section]
or Section 1701.402(g) by taking an online course on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental impairments.
(n) As part of the minimum curriculum requirements, the commission shall require an
officer to complete a statewide education and training program on de-escalation techniques to
facilitate interaction with members of the public, including techniques for limiting the use of
force resulting in bodily injury.
SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows:
(a) Except as provided by Subsection (e), a person may not be appointed as a county jailer, except
on a temporary basis, unless the person has satisfactorily completed a preparatory training
program, as required by the commission, in the operation of a county jail at a school operated or
licensed by the commission. The training program must consist of at least eight hours of mental
health training approved by the commission and the Commission on Jail Standards.
SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows:
(b) The commission shall require a state, county, special district, or municipal agency that
appoints or employs peace officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency certificate, not more than 20 hours of
education and training that contain curricula incorporating the learning objectives developed by
the commission regarding:
(A) civil rights, racial sensitivity, and cultural diversity;
(B) de-escalation and crisis intervention techniques to facilitate interaction with persons with
mental impairments; [and]
(C) de-escalation techniques to facilitate interaction with members of the public, including
techniques for limiting the use of force resulting in bodily injury; and
(D) unless determined by the agency head to be inconsistent with the officer's assigned duties:
(i) the recognition and documentation of cases that involve child abuse or neglect, family
violence, and sexual assault; and
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(ii) issues concerning sex offender characteristics.
SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n) to read
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
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the agency's policy adopted under this article;
(6) require collection of information relating to motor vehicle stops in which a ticket,
citation, or warning is issued and to arrests made as a result of those stops, including information
relating to:
(A) the race or ethnicity of the individual detained;
(B) whether a search was conducted and, if so, whether the individual detained consented to
the search; [and]
(C) whether the peace officer knew the race or ethnicity of the individual detained before
detaining that individual;
(D) whether the peace officer used physical force that resulted in bodily injury, as that term is
defined by Section 1.07, Penal Code, during the stop;
(E) the location of the stop; and
(F) the reason for the stop; and
(7) require the chief administrator of the agency, regardless of whether the administrator
is elected, employed, or appointed, to submit an annual report of the information collected under
Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or municipality served by the agency, if the agency is an
agency of a county, municipality, or other political subdivision of the state.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine
the feasibility of installing video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated
equipment in each agency law enforcement motorcycle regularly used to make motor vehicle
stops. The agency also shall examine the feasibility of equipping each peace officer who regularly
detains or stops motor vehicles with a body worn camera, as that term is defined by Section
1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or
equips peace officers with body worn cameras as provided by this subsection, the policy adopted
by the agency under Subsection (b) must include standards for reviewing video and audio
documentation.
(h) A law enforcement agency shall review the data collected under Subsection (b)(6) to
identify any improvements the agency could make in its practices and policies regarding motor
vehicle stops.
SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection
(b) and adding Subsection (c) to read as follows:
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
shall report to the law enforcement agency that employs the officer information relating to the
stop, including:
(1) a physical description of any person operating the motor vehicle who is detained as a
result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2) the initial reason for the stop;
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(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 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
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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,
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
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68
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
Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and
(B) a glossary of terms relating to the information to make the information readily
understandable to the public. This Act takes effect September 1, 2017.
______________________________ ______________________________ President of the
Senate Speaker of the House
I hereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1849 passed the House on May 20, 2017, by the following vote:
Yeas 137, Nays 0, one present not voting.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
Approved:
______________________________
Date
______________________________
Governor
______________________________
Chief Clerk of the House
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69
TROPHY CLUB
POLICE DEPARTMENT
RACIAL PROFILING POLICY
Town Council Meeting Page 115 of 170 Meeting Date: Tuesday, February 11, 2020
Policy Trophy Club Police Department
333 Policy Manual
RACIAL PROFILING I BIAS BASED PROFILING
333.1 PURPOSE
The purpose of this policy is to affirm that the Trophy Club Police Department is committed
to unbiased policing in all its encounters between officers and any person. The Department
recognizes that our society holds the freedoms of the individual as a fundamental concept.
Therefore members of this Department will not infringe upon this freedom without just, legal and
necessary cause.This policy strictly forbids profiling of any individual or group based solely on
race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group,
faith-based organizations or any other identifiable group.
333.2 POLICY
It is the policy of this department to police in a proactive manner and to aggressively investigate
suspected violations of the law. Officers shall actively enforce local, state and federal laws in a
responsible and professional manner, without regard to race, ethnicity, national origin. Officers
are strictly prohibited from engaging in racial profiling as defined in this policy. Racial profiling is
an unacceptable police tactic and will not be condoned.
• This policy strictly prohibits profiling of any individual based on race. ethnic
background. gender, sexual orientation. religion, economic status, age, cultural
group. or any other identifiable group .
• This Policy is adopted in compliance with the requirements of Articles 2.131 through
2.138, Texas Code of Criminal Procedure, which prohibits Texas peace officers from
engaging in racial profiling.
333.3 DEFINITIONS
Racial Profiling: A law enforcement-initiated action based on an individual's race, ethnicity,
national origin, rather than on behavior or information identifying the individual as having engaged
in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential
suspect of criminal behavior. The term is not relevant as it pertains to witnesses, complainants,
persons needing assistance, or other citizen contacts.
Bias Based Profiling: The selection of an individual based solely on a trait common to that group
for enforcement action. This includes, but is not limited to: race, ethnic background, gender, sexual
orientation, religion, economic status, cultural group, or any other identifiable group.
Race or Ethnicity: Persons of a particular descent, including Caucasian, African, 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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PROFILING - 1 Town Council Meeting Page 116 of 170 Meeting Date: Tuesday, February 11, 2020
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Policy Manual
RACIAL PROFILING I BIAS BASED PROFILING
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 hot 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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PROFILING - 2 Town Council Meeting Page 117 of 170 Meeting Date: Tuesday, February 11, 2020
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333. 7 PUBLIC EDUCATION
• This Department shall provide education to the public concerning the racial profiling
complaint process. The primary method of public education shall be through a
brochure, "How to File a Complaint" which are maintained in the lobby of the Trophy
Club Police Department, and at the Trophy Club Town Hall. These brochures are
available in both English and Spanish versions. Other education methods may be
utilized to inform the public, including news media, civic presentations, the Internet,
and/or public meetings.
• The Trophy Club Police Department shall provide relating to the
Department's complaint process which shall be printed on each ticket, citation or
warning issued by Trophy Club Officers. In the event that it is not possible for the
computer generated citations to print the complaint process information, Officers shall
provide information on how to file a complaint when encountering the public by means
of an information card "How to file a complaint" which will be presented to all individuals
who are stopped or arrested by Trophy Club Police Officers.
333.8 COLLECTION OF INFORMATION AND ANNUAL REPORT WHEN CITATION
ISSUED OR ARREST MADE
For each motor vehicle contact in which a citation is issued and/or for each arrest resulting from
a motor vehicle contact, an officer involved in the stop shall collect the following information:
If the person contacted is a resident of the Town of Trophy Club, it shall be reflected in the data
that is entered.
(b) The gender of the person being reported.
(c) Information identifying the race or ethnicity of the person detained. The following codes will
be used to identify the individual's race:
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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PROFILING - 3 Town Council Meeting Page 118 of 170 Meeting Date: Tuesday, February 11, 2020
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(e) What violation/charge was used to make first contact or was it related to a Call-For Service.
(f) What was the action taken (citation or arrest)?
(g) What was the contacted person's charge?
(h) Was a search was conducted?
(i) If a search was conducted, did the individual detained consent to the search?
(j) 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 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. motor vehicle contacts
shall be equipped with a mobile video camera system capable of recording video and
audio, and each motorcycle regularly used by this department to make motor vehicle
contacts shall be equipped with audio recording equipment.
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PROFILING - 4 Town Council Meeting Page 119 of 170 Meeting Date: Tuesday, February 11, 2020
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RACIAL PROFILING I BIAS BASED PROFILING
B. Each motor vehicle contact made by an officer of this department capable of being
recorded by video and audio, or by audio only for motorcycles, shall be recorded.
C. Supervisors and officers shall ensure that mobile video camera equipment, and/or
audio equipment, is properly functioning prior to commencing their tour of duty. Police
units with malfunctioning or inopera.ple mobile video camera equipment shall not be
utilized under normal
D. Supervisors shall have the authority to assign units with malfunctioning or inoperable
mobile video equipment when situations dictate. Officers assigned to such units shall
collect and document the information listed below for each motor vehicle contact. All
documentation must be submitted to the officer's supervisor prior to ending that tour
of duty. Documentation shall include but is not limited to field interview forms, traffic
citations and warning tickets.
1. A physical description of any person operating the 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 qr 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 wnether:
(h)
(i)
'-' 1. Any contraband or other evidence was in plain view.
2. Any probably cause or reasonable suspicion existed to perform the
search; or
I \
3. The search was performed as a result of the towing of the motor
vehicle or the arrest of any person in the motor vehicle.
4. Whether the officer made an arrest as a result of the stop or the
search, including a statement of whether the arrest was based on a
violation of Penal Code, a violation of traffic law or ordinance or an
outstanding warrant and a statement of the offense charged.
The street address or approximate location of the stop.
Whether the officer issued a citation or a written warning as a result of the
stop. J ,
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PROFILING - 5 Town Council Meeting Page 120 of 170 Meeting Date: Tuesday, February 11, 2020
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(j) Whether the person contacted is a resident or non-resident of the Town of
Trophy Club. This shall be reflected on each citation issued, using an (R)
for residents or an (NR) for non-resident.
333.10 REVIEW OF VIDEO AND AUDIO DOCUMENTATION
A. Each audio and video recording shall be retained for a minimum period of ninety (90)
days, unless a complaint is 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 anniversary of the date the officer was licensed, or
the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.
A person who on September 1, 2001, held a TCOLE intermediate proficiency certificate, or who
had held a peace officer license issued by TCOLE for at least two years, shall complete a TCOLE
training and education program on racial profiling not later than September 1 of the current year.
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PROFILING - 6 Town Council Meeting Page 121 of 170 Meeting Date: Tuesday, February 11, 2020
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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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RACIAL PROFILING I BIAS BASED
PROFILING - 7 Town Council Meeting Page 122 of 170 Meeting Date: Tuesday, February 11, 2020
Cont act I nf or mat i on
For addi t i onal quest i ons r egar di ng t he i nf or mat i on pr esent ed i n t hi s r epor t , please cont act :
Del Car men Consult i ng, LLC
817.681.7840
w w w.t exasr aci al pr of il i ng.com
w w w.delcar menconsul t i ng.com
Di scl ai mer : The aut hor of t hi s r epor t , Al ej andr o del Car men/del Car men Consul t ing, LLC, is not l iable f or
any omi ssi ons or er r or s commi t t ed i n t he acqui sit i on, anal ysi s, or cr eat ion of t hi s r epor t . Fur t her , Dr. del
Car men/del Car men Consul t ing is not r esponsi ble f or t he i nappr opr i at e use and dist r i but i on of
inf or mat i on cont ained i n t hi s r epor t . Fur t her , no liabil i t y shall be i ncur r ed as a r esul t of any har m t hat
may be caused t o i ndivi dual s and/or or gani zat i ons as a r esul t of t he i nf or mat ion cont ained i n t his r epor t .
Copyr i ght : This r epor t may not be al t er ed or r epr oduced out si de t he agr eed t er ms, i n any manner
w hat soever w i t hout t he w r it t en per mi ssion of t he aut hor.
Copy r i ght 2020 Del Car men Consul t i ng, LLC
A l l Ri ght s Reser ved.
7
5
Town Council Meeting Page 123 of 170 Meeting Date: Tuesday, February 11, 2020
Page 1 of 1
To: Mayor and Town Council
From: Patrick Arata, Police Chief
CC: Steve Norwood., Town Manager
Sharon David, Interim Town Secretary/RMO
Re: Annual Racial Profiling Report
Town Council Meeting, February 11, 2020
Agenda Item:
Receive Annual Racial Profiling Report; discussion of same (S. Norwood).
Strategic Link:
Safety & Security Achieve exceeding high standards for public safety and low crime rate.
Background and Explanation:
This annual report is for Calendar Year 2019. The report was prepared and filed with the State
by Del Carman Consulting. The attached Compliance Audit, Racial Profiling Law, for the Trophy
Club Police Department was completed with the information provided from the Denton County
Dispatch System. This is the Tier 1 State Racial Profiling Report (Partial Exemption) required for
submission to TCOLE no later than March 1, 2020.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the staff recommendation.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends approval of the 2019 Annual Racial Profiling Report.
Attachments:
• Annual Racial Profiling Report
Town Council Meeting Page 124 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-027-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding a Resolution approving the submission of a Grant
Application to participate in the U.S. Justice Assistance Grant Program for the Police Department;
authorizing the Mayor or his designee to execute all necessary documents; and providing an effective
date (S. Norwood).
Attachments:Drug Interdiction Juvenile Justice Grant Program-2020.pdf
RES.2020-01 - Drug Interdiction & Juvenile Resource Officer TCPD.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution approving the submission of a Grant Application to
participate in the U.S. Justice Assistance Grant Program for the Police Department; authorizing the Mayor or his designee
to execute all necessary documents; and providing an effective date (S. Norwood).
Town Council Meeting Page 125 of 170 Meeting Date: Tuesday, February 11, 2020
Page 1 of 2
To: Mayor and Town Council
From: Patrick Arata, Police Chief
CC: Steve Norwood, Town Manager
Sharon David, Interim Town Secretary/RMO
Re: Drug Interdiction and Juvenile Justice Grant Program
Town Council Meeting, February 11, 2020
Agenda Item:
Consider and take appropriate action regarding the Drug Interdiction and Juvenile Justice
Program Grant for the Police Department (S. Norwood).
Strategic Link:
Safety & Security: Achieve exceeding high standards for public safety and low crime rate.
Background and Explanation:
Drug Interdiction and Juvenile Justice Program Grant Resolution:
This Grant resolution is to Authorized the Town Manager to execute all necessary documents
related to grants submitted under the U.S. Department of Justice, Office of Justice Programs for
2020.
This grant will allow the Police Department to request funding (100% for 3 years) for a Juvenile
Detective position to assist the Town and support the School Resources Officers (SROs).
This request, if approved, will allow the Trophy Club Police Department to compete for the
Juvenile Justice Program Grant. This grant will fully funds a police officer (Detective) position at
100% for three (3) years. This position will help with the police department’s investigative case
load and support/back up the SROs. After the third years this position will be funded by the
Town.
This approval is needed to apply for the grant.
Town Council Meeting Page 126 of 170 Meeting Date: Tuesday, February 11, 2020
Page 2 of 2
Financial Considerations:
The Grant value is approximately: $260,000
After three years the cost to the general funds is approximately $90,000 per year.
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends Council approve the suggested Grant amendment.
Attachments:
• Drug Interdiction and Juvenile Justice Program Grant Resolution
Town Council Meeting Page 127 of 170 Meeting Date: Tuesday, February 11, 2020
TOWN OF TROPHY CLUB
RESOLUTION 2020-01
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVENOR,
CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR
THE DRUG INTERDICTION AND JUVENILE RESOURCE OFFICER
PROGRAM FOR THE 2020-2021 FISCAL YEAR; DESIGNATING AND
AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE AS THE
TOWN’S AUTHORIZED OFFICIAL TO EXECUTE ALL NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE:
WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of the Town of
Trophy Club that the Drug Interdiction and Juvenile Resource Officer Program to be operated in the 2020-
2021 fiscal year; and
WHEREAS, in the furtherance of that objective, the Town Council determines it appropriate and
in the best interests of the public health, safety and welfare to submit a grant application for the Drug
Interdiction and Juvenile Resource Officer Program to the Office of the Governor, Criminal Justice
Division; and
WHEREAS. The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal
Justice Division funds. The Town of Trophy Club assures that the funds will be returned to the Criminal
Justice Division in full; and
WHEREAS, the Town of Trophy Club designates Steven Norwood, Town Manager as the
grantee’s authorized official, the authorized official is given the power to apply for, accept, reject, alter, or
terminate the grant on behalf of the Town of Trophy Club and to execute or name a designee to execute
all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF TROPHY CLUB, TEXAS:
Section1. The Town of Trophy Club hereby approves the submission of a grant application
for the Drug Interdiction and Juvenile Resource Officer Program to the Office of the Governor, Criminal
Justice Division and authorizes the Town Manager of his designee to execute all documents.
Section 2. This Resolution shall become effective from and after the date of passage in
accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 11th
day of February, 2020.
_____________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
[SEAL]
_________________________
Sharon David, Interim Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM
_________________________
J. David Dodd III, Town Attorney
Trophy Club, Texas
Grant Application Number: 3982301
Town Council Meeting Page 128 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-016-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding a Joint Election Agreement and Contract between the
Town of Trophy Club and Denton County Elections for administration of the Town’s May 2, 2020
General and Special Elections; and authorize the Mayor or his designee to execute all necessary
documents (S. Norwood).
Attachments:Joint Election Agreement - May 2, 2020 - Denton County.pdf
Denton County Agreement - General Elections May 2, 2020.pdf..pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Joint Election Agreement and Contract between the Town of Trophy
Club and Denton County Elections for administration of the Town’s May 2, 2020 General and Special Elections; and
authorize the Mayor or his designee to execute all necessary documents (S. Norwood).
Town Council Meeting Page 129 of 170 Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 130 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 131 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 132 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 133 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 134 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 135 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 136 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 137 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 138 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 139 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 140 of 170Meeting Date: Tuesday, February 11, 2020
Town Council MeetingPage 141 of 170Meeting Date: Tuesday, February 11, 2020
Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Assistant Town Manager
CC: Steve Norwood, Town Manager
Sharon David, Interim Town Secretary/RMO
Re: Denton County Elections Agreement – May 2020 General and Special Elections
Town Council Meeting, February 11, 2020
Agenda Item:
Consider and take appropriate action regarding a Joint Election Agreement and contract
between the Town of Trophy Club and Denton County Elections for administration of the
Town’s May 2, 2020 General and Special Elections; and authorize the Mayor or his designee to
execute all necessary documents (S. Norwood).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town will be holding a General and Special Election on May 2, 2020 and therefore Staff is
seeking to enter into an agreement with Denton County Elections for their administration
services of such elections.
Legal Review:
Not applicable.
Board/Commission/or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends approval of the Joint Election Agreement and Contract between the Town of
Trophy Club and Denton County Elections.
Town Council Meeting Page 142 of 170 Meeting Date: Tuesday, February 11, 2020
Page 2 of 2
Attachments:
• Draft Denton County Elections Joint Election Agreement for May 2020 General and
Special elections
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Town Council Meeting Page 143 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-049-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/3/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding a requisition request for procurement for Microsoft
licensing from SHI Government Solutions; and authorizing the Mayor or his designee to execute all
necessary documents (S. Norwood).
Attachments:Microsoft Licensing 2020.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a requisition request for procurement for Microsoft licensing from SHI
Government Solutions; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood).
Town Council Meeting Page 144 of 170 Meeting Date: Tuesday, February 11, 2020
Page 1 of 2
To: Mayor and Town Council
From: Mike Pastor, Information Services Manager
CC: Steve Norwood, Town Manager
Sharon David, Interim Town Secretary
Re: Procurement of Annual licensing for Microsoft from SHI
Town Council Meeting, February 11, 2020
Agenda Item:
Consider and take appropriate action regarding a requisition request for procurement for
Microsoft licensing from SHI Government Solutions; and authorizing the Mayor or his designee
to execute all necessary documents (S. Norwood).
Strategic Link:
Infrastructure & Development – Maintain and improve all Town infrastructure.
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Administrative & Financial Services – Provide high value technology and information services.
Background and Explanation:
During the Council meeting on October 22, 2019, Council approved a Purchase Order (PO) for
Microsoft Licensing in the amount of $42,518.46 from SHI Government Solutions. They
misquoted the licensing amount causing the need to cancel the PO and reissue at the updated
costs. The updated cost is still within our original budgeted amount for Microsoft licensing for
this fiscal year and reissuance of the PO to SHI Government Solutions still meets all our
purchasing guidelines and is purchased off the approved Department of Information Resources
(DIR) contract. The new PO to SHI Government Solutions for Microsoft licensing is $46,115.71
which is $3,597.25 more than the previous PO. We also had received a licensing refund of
$7,176.12 because of a reduction in licensing during the FY2018-2019 budget year as the
concurrent licensing was not needed. With the additional costs, we are still under budget.
The total annual licensing for Microsoft through SHI Government Solutions is $46,115.71
Legal Review:
Not applicable.
Town Council Meeting Page 145 of 170 Meeting Date: Tuesday, February 11, 2020
Page 2 of 2
Board/Commission/or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends approval of the Requisition Request.
Attachments:
• Requisition Form (PO Request - SHI.pdf)
• SHI Invoices for MS Licensing (SHI Invoices.pdf)
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Town Council Meeting Page 146 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:22020-062-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/5/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appproriate action regarding an Ordinance amending Article A1.012 Parks and
Recreation and Special Events, General Provisions, of Appendix A, Fee Schedule, within the Town's
Code of Ordinances, and provide an effective date (S. Norwood).
Attachments:ORD 2020-04 Amending A1_012 of Park's Fee Schedule.pdf
Parks and Rec Fee Schedule Change 2020.pdf
Action ByDate Action ResultVer.
Consider and take appproriate action regarding an Ordinance amending Article A1.012 Parks and Recreation and Special
Events, General Provisions, of Appendix A, Fee Schedule, within the Town's Code of Ordinances, and provide an
effective date (S. Norwood).
Town Council Meeting Page 147 of 170 Meeting Date: Tuesday, February 11, 2020
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2020-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION A1.012 PARKS AND RECREATION AND
SPECIAL EVENTS OF ARTICLE A1.000, GENERAL PROVISIONS, OF
APPENDIX A, FEE SCHEDULE, OF THE TOWN OF TROPHY CLUB
CODE OF ORDINANCES TO UPDATE FEES; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) FOR EACH VIOLATION; PROVIDING AN
ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, fees imposed by the Town are adopted via Ordinance and are
codified in Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances;
and
WHEREAS, having reviewed the proposed cost adjustments, the Town Council
finds that the proposed fee adjustments are reasonable and necessary to pay the
administrative costs associated with providing services to the public; and
WHEREAS, the Town Council hereby finds that amending Section A1.012 Parks
and recreation and special events of Article A1.000, General Provisions, of Appendix A,
Fee Schedule, of the Town of Trophy Club Code of Ordinances as further specified
herein serves the best interests of the health, safety and welfare of the citizens of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Section A1.012, Parks and recreation and special events, of Article A1.000,
General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances is hereby amended and shall read in its entirety as follows:
Town Council Meeting Page 148 of 170 Meeting Date: Tuesday, February 11, 2020
APPENDIX A FEE SCHEDULE
Sec. A1.012 Parks and recreation and special events
(a) All fees are to be paid at the time of reservation and are based on availability.
Rates shown are for each reservation and are based on a two-hour minimum rental
period, unless otherwise specified.
(b) Additional rental hours will be charged at one-half (1/2) of the 2- or 4-hour rate fee
set forth below.
(c) Fees are not applicable to members of the Trophy Club youth sports associations
when they are participating in Trophy Club youth sports association sponsored
activities.
(d) Reservations.
(1) Harmony park pavilion rental (4-hr):
(A) Resident: $50.00.
(B) Nonresident: $100.00.
(2) Independence Park fees per hour (Residents only)
(2) TCRYBA baseball tournament gate fees (per team): $30.00.
(3) TCRYBA tournament overflow game fee (per game): $50.00.
(A) Independence Park Multi-use field #2 – with lights (two hour
increments) $50.00
3) Tournament Fees
(A) TCRYBA baseball tournament gate fees (per team) $175.00
(B) TCRYBA tournament overflow game fee (per game) $125.00
(4) Tournaments outside of those sponsored by the TCRYBA will be
charged according to the town's special event application and tournament
agreement.
(5) Tournament qualifier generally a 1–3 day tournament.
Town Council Meeting Page 149 of 170 Meeting Date: Tuesday, February 11, 2020
(A) Tournament fee: $9,500.00 MIN includes the first 50 teams; gate
fee is $125.00 per team for each team over the initial 50. Payment for
tournament fees is due ten (10) working days after conclusion of each
tournament.
(B) Deposit of $2,000.00 is due when this agreement is executed.
(C) All overflow tournaments will be based on 0–50 games @
$125.00/game, plus 51 or more games will be an $85.00/game fee.
(Example - 63 game overflow weekend, 50 games x $125.00 =
$6,250.00 plus 13 games x $85.00 = $1,105.00 - grand total =
$7,355.00).
(6) National tournament is a 4 or more day tournament:
(A) Tournament fee $4,000.00 per day at Independence Park (east
and west) Ballfield Complex and $2,200.00 per day at Independence
Park West and/or $1,700.00 per day at Independence Park East. There
will be no gate fee. Payment for tournament fees is due ten (10) working
days after conclusion of each tournament.
(B) Deposit of $2,000.00 is due when the town's tournament
agreement is executed.
(e) Trophy Club Park.
General vehicle entry $2.00
ATV/OHV $15.00
ATV/OHV pass (10 visits) $130.00
Side x side per OHV - Resident $15.00
Side x side per OHV - Non-resident $25.00
Side x side pass - 10 visits - Resident $130.00
Side x side pass - 10 visits - Non-resident $230.00
Boat entry $5.00
Horse entry $3.00
Resident vehicular annual pass $10.00
Nonresident vehicular annual pass $20.00
Large pavilion rental (4 hours) resident $50.00
Large pavilion rental (4 hours) non-resident $100.00
Replacement pass $5.00
Town Council Meeting Page 150 of 170 Meeting Date: Tuesday, February 11, 2020
A replacement pass may be purchased in the event that one (1) an annual pass is damaged, or
two (2) the vehicle for which the pass is issued is damaged or sold, or or three (3) ownership of
the vehicle is otherwise transferred, and four (4) the old pass is removed from the vehicle and
returned either in whole or in part. A partial annual pass is sufficient to allow the issuance of a
replacement pass if the salvaged portion of the pass contains either all or a portion of the
registration number on the original pass. The cost of such replacement pass shall be $5.00 to
cover costs of voiding the old pass and issuing a new pass. If an applicant is unable to return the
old pass, either in whole or in part, and a new pass is requested, then such applicant shall be
required to purchase a new pass at full price.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
setting Fee Schedules 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 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 its application 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 the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.013 of the Texas Local Government Code.
Town Council Meeting Page 151 of 170 Meeting Date: Tuesday, February 11, 2020
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 Two Hundred
Dollars ($200.00).
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 11th day of February 2020.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Sharon David, Interim Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
Town Council Meeting Page 152 of 170 Meeting Date: Tuesday, February 11, 2020
Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Assistant Town Manager
CC: Steve Norwood, Town Manager
Sharon David, Interim Town Secretary/RMO
Re: Fee Schedule Changes
Town Council Meeting, February 11, 2020
Agenda Item:
Consider and take appropriate action regarding an Ordinance amending Article A1.012 Parks
and recreation and special events, General Provisions, of Appendix A, Fee Schedule, within the
Town’s code of Ordinances: and provide an effective date (S. Norwood).
Strategic Link:
Administrative and Financial Services: Exercise fiscal discipline in all Town operations
Background and Explanation:
At the January 27, 2020 Council meeting Staff presented changes to the fee schedule for
Council’s review and approval. Upon entering the fee schedule changes for the Parks and
Recreation section, Sec. A1.012 (6) it was discovered that some of the fees required were
deleted and a formatting error had caused some of the fees to line up incorrectly with
descriptions. Correcting these errors also allowed for the clean-up of language in this section to
match other areas of the Fee Schedule. These errors have been corrected in the ordinance
provided for council’s review and approval. No other changes have been found to be necessary
and all fees will be reviewed again in 2021 as part of the annual review.
Financial Considerations:
Revenues for the Town of Trophy Club General Fund are expected to only see a minimal change
due to the approval of recommended fee changes.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Town Council Meeting Page 153 of 170 Meeting Date: Tuesday, February 11, 2020
Page 2 of 2
Staff Recommendation:
Staff recommends Council approve the recommended fee schedule changes.
Attachments:
• Ordinance 2020-04
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Town Council Meeting Page 154 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-019-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering
and calling a Special Election to be held on May 2, 2020 for the purpose of submitting to the voters
various proposed amendments to the Town’s Home Rule Charter; and providing an effective date (S.
Norwood).
Attachments:ORD.2020-03 - Charter Review Commission.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special
Election to be held on May 2, 2020 for the purpose of submitting to the voters various proposed amendments to the
Town’s Home Rule Charter; and providing an effective date (S. Norwood).
Town Council Meeting Page 155 of 170 Meeting Date: Tuesday, February 11, 2020
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2020-03
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL
ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE
HELD ON MAY 2, 2020 FOR THE PURPOSE OF SUBMITTING TO THE
RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB 3
PROPOSITIONS RELATING TO THE AMENDMENT OF THE HOME
RULE CHARTER FOR THE TOWN AND OTHER MEASURES AS
MORE FULLY SET FORTH HEREIN; PROVIDING FOR THE
INCORPORATION OF PREMISES; SPECIFYING THE DATE OF
ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION;
SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN
APP LICATION FOR A PLACE ON THE BALLOT; PROVIDING FOR A
RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF A
PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING
ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR
CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR
CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS;
PROVIDING A JOINT ELECTION AGREEMENT WITH DENTON
COUNTY AND TARRANT COUNTY; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001 (a)(2) of the Texas Election Code (hereinafter the
"Code") establishes the first Saturday of May as a Uniform Election Date for the
purposes of conducting a General or Special Election; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a General or Special
Election; and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place, and purpose of such meeting was given as required by Chapter 551,
Texas Government Code, as amended; and
WHEREAS, the Town Council desires to and hereby calls a General Election for
the purpose of electing one (1) Council member for Place #5 for a three (3) year term;
and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 62nd day
before Election Day; and
Town Council Meeting Page 156 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 2 of 10
WHEREAS, because the Town of Trophy Club is located in both Denton County
and Tarrant County, the Town will enter into an Election Services Contract with Denton
County for the purpose of having Denton County provide election services for both the
Denton County and Tarrant County residents of Trophy Club; and
WHEREAS, the Election shall be conducted in accordance with the Code under
the jurisdiction of the Denton County Elections Administration (the “Elections
Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among
Denton County Elections Administration (“DCEA”), and other participating entities, if
any, described in a Contract between the Town and Denton County, a copy of which
Contract will be incorporated herein as Exhibit “B” upon its final approval and execution
by the Town; and
WHEREAS, Section 85.004 of the Texas Election Code provides that an election
order and the election notice must state the location of each early voting polling place;
and
WHEREAS, the Town's first Home Rule Charter was adopted by the residents of
Trophy Club at an election held on Tuesday, November 2, 2004 (hereinafter "Charter")
and was subsequently amended at an election held in May, 2009; and
WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and
Article 11, Section 5 of the Texas Constitution, the Town is authorized to amend a
municipal Charter; and
WHEREAS, on September 24, 2019, the Town Council adopted Resolution No.
2019-25appointing a Charter Review Commission pursuant to Section 11.15 of the
Town Charter (hereinafter “CRC”); and
WHEREAS, the CRC reviewed the Charter and made recommendations for
proposed amendments; and
WHEREAS, the group proposed various amendments which were considered by
Council at an open public meeting; and
WHEREAS, Council has determined it appropriate to submit all three(3) of the
amendments proposed by the CRC to the qualified voters at the May 2, 2020 election
(hereinafter “Proposed Amendments”), that date being more than two years after the
adoption of the Town's Charter and a date is later than the 30th day after the adopting
of this Ordinance; and
WHEREAS, the Town Council finds that each proposition contained in the
Proposed Amendments covers one subject and that the ballot language provided is
prepared to fairly and clearly apprise the voters of the nature of the Proposed
Amendments; and
Town Council Meeting Page 157 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 3 of 10
WHEREAS, the Town Council finds that upon the canvassing of the returns of
the May 2, 2020 election, those propositions that are approved by a majority of the
voters in accordance with state law, the Town’s Home Rule Charter, this Ordinance and
election order, shall be enacted as part of the Town’s Home Rule Charter and such
Charter provisions shall be enacted as set forth in this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
INCORPORATION OF PREMISES
All of the above premises are true and correct and are hereby incorporated in the body
of this Ordinance as if fully set forth herein.
All resident, qualified voters of the Town shall be eligible to vote at the Election.
SECTION 2
DATE OF ELECTION
It is hereby ordered that a General and Special Election (collectively the "Election") shall
be held in and throughout the Town of Trophy Club on Saturday, May 2, 2020 using a
combined ballot.
SECTION 3
PURPOSE OF ELECTION
3.2 The purpose for the Special Election is as follows:
A. To hold an election on Measures, to wit: three(3) amendments to the Town's
Home Rule Charter, adopted in 2004 as amended in 2013, three (3) of such
amendments having been proposed by the 2019-2020 Charter Review
Commission for the Town of Trophy Club and having been reviewed by the
Town Council. Voters shall be permitted to vote "For" or "Against" each of the
Proposed Amendments.
SECTION 4
BALLOT LANGUAGE ON MEASURES
The official ballots for the Special Election shall be prepared in accordance with the
Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” each
proposition, as required for an election on a measure, with the ballots to contain such
provisions, markings and language as required by law, and with such propositions to be
expressed substantially as follows:
Town Council Meeting Page 158 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 4 of 10
4.01 PROPOSITION NO. 1
CONFLICT OF INTEREST AND ABSTENTION; AN AMENDMENT TO SECTION
3.20 TO DELETE SECTION 3.20 (b) AND CHANGE THE TITLE TO CONFLICT
OF INTEREST, WHICH WOULD REMOVE THE REQUIREMENT TO RECORD
AN ABSTENTION AS A NO VOTE.
[ ] FOR
[ ] AGAINST
If this proposition is approved by the majority of voters voting at the Election,
Article III, Section 3.20 shall be amended in accordance with the language as set
forth below (revisions being voted upon noted with additions in bold and
deletions with strike through) and all paragraphs and sections not specifically
amended shall remain in effect as set forth in the Town’s 2013 Amended Home
Rule Charter with the Council retaining the authority to renumber and rearrange
all articles, sections and paragraphs of the Charter, or any amendments thereto,
as it deems appropriate pursuant to Section 11.12 of the Charter:
3.20 Conflict of Interest and Abstention
(a) Conflict of Interest. Should any person on the Town Council have a conflict of interest,
pursuant to any State laws and/or Town ordinances regulating conflicts of interest of municipal
officers, with an agenda item then before the Town Council, he shall openly declare same
before discussion proceeds, and he is thereby prohibited from discussing the item or voting on
the question, and is not considered as present and voting for the purposes of the tally.
(b) Abstention. Should any person on the Town Council choose to abstain from voting on any
question before the Town Council, where no conflict of interest exists, the person's vote shall be
recorded as a negative vote in the official minutes of the meeting.
4.02. PROPOSITION NO. 2:
CHARTER REVIEW COMMISSION; AN AMENDMENT TO SECTION 11.15
CHANGING THE INTERVALS OF CHARTER REVIEW FROM NOT MORE
THAN SEVEN (7) YEARS TO NOT MORE THAN TEN (10) YEARS
[ ] FOR
[ ] AGAINST
If this proposition is approved by the majority of voters voting at the Election,
Article III, Sections 3.02(a)(1) shall be amended in accordance with the language
as set forth below (revisions being voted upon noted with additions in bold and
deletions with strike through) and all paragraphs and sections not specifically
amended shall remain in effect as set forth in the Town’s 2013 Amended Home
Rule Charter with the Council retaining the authority to renumber and rearrange
all articles, sections and paragraphs of the Charter, or any amendments thereto,
as it deems appropriate pursuant to Section 11.12 of the Charter:
Town Council Meeting Page 159 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 5 of 10
11.15 Charter Review Commission
The Council shall appoint a Charter Review Commission at intervals of not more than seven (7)
ten (10) years. The Commission shall consist of nine (9) qualified voters of the Town. Each
council member shall appoint one member to serve on the Charter Review Commission, and
remaining members shall be appointed by vote of the Council. The Commission shall review the
Town Charter and make Charter amendment recommendations, where appropriate, that will
help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be
the duty of the Charter Review Commission to:
(a) Inquire into the operation of the Town government under the Charter and
determine whether any provisions require revision. To this end, public hearings may
be held;
(b) Propose any recommendations it deems desirable to ensure compliance with
this Charter;
(c) Propose amendments to this Charter to improve its effective application to
current conditions; and
(d) Report its findings and present its proposed amendments to the Town Council.
The Council shall receive and have published in the Town's official newspaper the Charter
Review Commission's final report. It shall consider any recommendations and, if any
amendments are presented, may order the amendment or amendments submitted to the voters
of the Town.
The term of office of [the] Commission shall be six (6) months or longer if extended by the
Council and, at the completion of such term, a report of the proceedings of the Commission
shall be filed with the Town Secretary and shall become public record.
4.03. PROPOSITION NO. 3:
ARTICLE XII TRANSITIONAL PROVISIONS; AN AMENDMENT TO DELETE
ARTICLE XII WHICH ESTABLISHED THE TRANSITIONAL PROCEDURES
FOR THE TOWN TO FOLLOW AFTER THE ORIGINAL CHARTER WAS
PASSED. THE TRANSITION HAS BEEN COMPLETED.
[ ] FOR
[ ] AGAINST
If this proposition is approved by the majority of voters voting at the Election,
Article XII, shall be amended in accordance with the language as set forth below
(revisions being voted upon noted with additions in bold and deletions with strike
through) and all paragraphs and sections not specifically amended shall remain
in effect as set forth in the Town’s 2013 Amended Home Rule Charter with the
Council retaining the authority to renumber and rearrange all articles, sections
and paragraphs of the Charter, or any amendments thereto, as it deems
appropriate pursuant to Section 11.12 of the Charter:
Town Council Meeting Page 160 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 6 of 10
Article XII. Transitional Provisions
12.01 Interim Municipal Government
Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights
or privileges of persons who are Town officers or employees at the time of its adoption.
12.02 Persons Serving on Boards, Commissions or Corporations
Persons serving on any board, commission or corporation at the time of the adoption of this
Charter shall continue to serve until their term shall have expired or until their successors shall
have qualified.
12.03 Effect of this Charter on Existing Law
All ordinances, resolutions, rules and regulations in force in the Town on the effective date of
this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or
repealed. All taxes, assessments, liens, encumbrances and demands, of or against the Town,
fixed or established before or on the effective date of this Charter shall be valid when properly
fixed or established either under the law in force at the time of beginning of such proceedings or
under the law after the adoption of this Charter.
12.04 Continuance of Contracts, Franchises and Succession of Rights
All contracts including without limitation franchises entered into by the Town or for its benefit
prior to the taking effect of this Charter shall continue in full force and effect. Public
improvements for which legislative steps have been taken under laws or ordinances existing at
the time this Charter takes effect may be carried to completion in accordance with the provisions
of such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights,
claims, and demands, which have accrued under the laws, heretofore in force governing the
Town shall belong to and be vested in and shall be prosecuted by and for the use and benefit of
the corporation hereby created, and shall not in any way be diminished, affected or prejudiced
by the adoption and taking effect of this Charter.
12.05 Submission of Charter to Voters
The Charter Commission in preparing this Charter concludes that it is impracticable to
segregate each subject so as to permit a vote of “yes” or “no” on the same, for the reason that
the Charter is so constructed that in order to enable it to work and function it is necessary that it
should be adopted in its entirety. For these reasons, the Charter Commission directs that the
said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of
the Town at an election to be held for that purpose on Tuesday, November 2, 2004. Not less
than thirty days prior to such election, the Council shall cause the Town Secretary to mail a copy
of this Charter to each qualified voter of the Town as appears from the latest certified list of
registered voters. If a majority of the qualified voters voting in such election shall vote in favor of
the adoption of this Charter, it shall immediately become the governing law of the Town, until
amended or repealed. The form of the ballot for use in such election shall be as follows:
Town Council Meeting Page 161 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 7 of 10
FOR THE ADOPTION OF THE CHARTER
AGAINST THE ADOPTION OF THE CHARTER
SECTION 5
VOTING PRECINCTS
The voting precincts for the Election are designated by their respective county precinct
numbers. The proposed times and locations of early voting for Denton County are set
forth in Exhibit “A”, a copy of which is attached hereto and incorporated herein. Exhibit
“A” shall be amended to include the final schedule of times and locations of early voting
for both Town of Trophy Club Denton and Tarrant County residents upon
announcement by the Denton County Elections Administrator. Notwithstanding the
foregoing, the early voting times and locations set forth in Exhibit “A” may be changed
without further action of the Town Council if so directed by the Elections Administrator
for Denton County.
In addition to the early voting polling locations within the Town, all Denton County
Trophy Club voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County.
Tarrant County Trophy Club voters may only vote at the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas.
The Elections Administrator is hereby authorized and directed to make such changes in
polling locations as may be necessary for the proper conduct of the Election. Each
polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day.
SECTION 6
ELECTIONS ADMINISTRATION
The Denton County Elections Administrator, Frank Phillips, is hereby appointed as
Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks
will be appointed as needed to process early voting mail and to conduct early voting.
Early voting by mail shall be conducted in conformance with the requirements of the
Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk,
701 Kimberly Drive, Suite A101 , Denton, Texas 76208. The Elections Administrator
and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early
Voting Ballot Board and the presiding judge and alternate judge in accordance with the
requirements of the Code. Early voting by personal appearance shall be conducted at
the times on the dates and at the locations designated on Exhibit “A” hereto. The main
early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101,
Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the
main early voting polling location listed above, and at the locations designated on
Exhibit “A” hereto; such locations may be changed or additional early voting locations
Town Council Meeting Page 162 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 8 of 10
may be added by the Elections Administrator, without further action of the Town
Council, as is necessary for the proper conduct of the Election.
SECTION 7
COMPENSATION
Compensation for election judges and alternate judges for their service in the Election
shall be determined by the Elections Administrator. E-slate, a Direct Record Electronic
(DRE) System shall be used for early voting by personal appearance, and in the May
11, 2013 election at Denton County Polling Sites. Paper ballots, which are optically
scanned, shall be used for early voting by mail. In the May 2, 2020 election, the
Elections Administrator shall cause ballots to be prepared in the form of the ballot first
above prescribed, being in both English and Spanish, and shall furnish election officials
such ballots, in such form, together with any other forms or blanks, in accordance with
the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas
and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are
applicable.
SECTION 8
EARLY VOTING
In addition to the early voting polling location located within the Town, Trophy Club
Denton County voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County per the Joint Election Agreement
and Contract for Election Services with Denton County.
Trophy Club Tarrant County voters may only vote at the early voting polling location
designated and maintained by the Denton County Elections Administrator.
SECTION 9
ELECTION MATERIALS
The election materials enumerated in the Code shall be printed in both English and
Spanish for use at the polling places and for early voting for the Election and provisions
shall be made for oral assistance to Spanish-speaking voters
.
SECTION 10
ELECTION RETURNS
The election officers shall make returns for the Election in the manner required by law,
and the ballots that are properly marked in conformance with the provisions of the Code
for votes cast both during the period of early voting and on the day of the Election shall
be counted in the manner required by law.
Town Council Meeting Page 163 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 9 of 10
SECTION 11
NOTICE OF ELECTION PUBLICATION
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English and Spanish at the Town Hall on the bulletin board used
for posting notices of the meetings of the Town Council and by publication of said notice
one time in a newspaper of general circulation published within the Town, the date of
the publication to be not less than fourteen (14) days nor more than thirty (30) days prior
to the date set for the Election.
SECTION 12
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the election not earlier than May 5, 2020 and not later than May 13, 2020. Notice of the
time and place for canvass shall be posted on the official bulletin board in the same
manner as required by the Open Meeting Act for other Town Council meetings in
accordance with the Chapter 551 of the Local Government Code.
SECTION 13
VOTING RIGHTS ACT
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with
the provisions of the Code and the Federal Voting Rights Act in carrying out and
conducting the Election, whether or not expressly authorized herein.
SECTION 14
SEVERABILITY
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the Town Council without incorporation of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 15
ELECTION CONTRACTS
The Town Manager or the Town Manager’s designee is authorized to amend or
supplement the Contract to the extent required for the Election to be conducted in an
efficient and legal manner as determined by the Elections Administrator. Attached and
Town Council Meeting Page 164 of 170 Meeting Date: Tuesday, February 11, 2020
ORD 2020-03 Page 10 of 10
incorporated herein as Exhibit “B” is a copy of a joint election agreement between the
Town and the Denton County Elections Department.
SECTION 16
ENGROSSMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
SECTION 17
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 11TH day of February, 2020.
C. Nick Sanders, Mayor
ATTEST:
________________________________
Sharon David, Interim Town Secretary
Town of Trophy Club, Texas
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
Town Council Meeting Page 165 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:22020-063-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/5/2020 Town Council
On agenda:Final action:2/11/2020
Title:Receive a live demonstration of the Trophy Club Police Department's City Protect online Software (S.
Norwood).
Attachments:
Action ByDate Action ResultVer.
Receive a live demonstration of the Trophy Club Police Department's City Protect online Software (S. Norwood).
Town Council Meeting Page 166 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:22020-068-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/6/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding the appointment of two council members to a Joint
Town Council/MUD Committee regarding Town and MUD assets (Mayor Sanders).
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the appointment of two council members to a Joint Town Council/MUD
Committee regarding Town and MUD assets (Mayor Sanders).
Town Council Meeting Page 167 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-020-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Discussion of items for Future Agenda to include agenda items for consideration on the February 25,
2020 Council agenda and items from the Town Council Future Agenda Items list (S. Norwood).
A). Item No. 2 from the Future Agenda Items list: Receive an update from Town Staff regarding
Entryway Monumentation and Landscaping for the Town of Trophy Club. (Sanders 2/27/2018) (1-
May 22, 2018) (2-August 28, 2018) (3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6-
July 23, 2019) (7-October 22, 2019) (8-February 11, 2020)
B). Item No. 8 from the Future Agenda Items list: Review amending the Meetings and Rules of
Procedure to have a provision for excused absences. (Shoffner & Sanders 10/22/2019) (1-February
11, 2020)
Attachments:
Action ByDate Action ResultVer.
Discussion of items for Future Agenda to include agenda items for consideration on the February 25, 2020 Council
agenda and items from the Town Council Future Agenda Items list (S. Norwood).
A). Item No. 2 from the Future Agenda Items list: Receive an update from Town Staff regarding Entryway
Monumentation and Landscaping for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22, 2018) (2-August
28, 2018) (3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6-July 23, 2019) (7-October 22, 2019)
(8-February 11, 2020)
B). Item No. 8 from the Future Agenda Items list: Review amending the Meetings and Rules of Procedure to have a
provision for excused absences. (Shoffner & Sanders 10/22/2019) (1-February 11, 2020)
Town Council Meeting Page 168 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:22020-074-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/8/2020 Town Council
On agenda:Final action:2/11/2020
Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter
551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the
following:
A). Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee:
Town Secretary Position (S. Norwood)
Parks & Recreation Board (S. Norwood)
Discussion of Mayor Pro Tem (S. Norwood)
Attachments:
Action ByDate Action ResultVer.
Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open
Meetings Act), the Council will convene into executive session to discuss the following:
A). Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
Town Secretary Position (S. Norwood)
Parks & Recreation Board (S. Norwood)
Discussion of Mayor Pro Tem (S. Norwood)
Town Council Meeting Page 169 of 170 Meeting Date: Tuesday, February 11, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-026-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/14/2020 Town Council
On agenda:Final action:2/11/2020
Title:Consider and take appropriate action regarding the Executive Session (S. Norwood).
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Executive Session (S. Norwood).
Town Council Meeting Page 170 of 170 Meeting Date: Tuesday, February 11, 2020