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02.09.2021 - Complete Agenda PacketTOWN OF TROPHY CLUB February 09, 2021 Town of Trophy Club Meeting Agenda Town Council 7:00 PM CALL TO ORDER AND ANNOUNCE A QUORUM 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chamber INVOCATION led by Reverend Edlen Cowley, First United Methodist Church, Trophy Club PLEDGES led by Council Member Wilson Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to take discuss or take action on any presentations made to the Council. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak via the Public Portal or have completed the Speakers Form. You may also email mayorandcouncil@trophyclub.org ANNOUNCEMENT(S) AND REPORT(S) — Town Manager Norwood's Report 1. *Business Spotlight — Optic-Kleer Northwest DFW. (S. Norwood) 2. ISO Rating Presentation from Texas Department of Insurance/State Fire Marshal's Office. (S. Norwood) PRESENTATION/PROCLAMATION 3. Texas Registered Municipal Clerk (TRMC #207) 6t' Recertification Recognition to Leticia Vacek from the Texas Municipal Clerk's Certification Program at the University of North Texas. (Mayor Fleury) 4. Take appropriate action approving Proclamation 2021-03 Proclaiming the month of February as Black History Awareness Month in Trophy Club. (Mayor Fleury) CONSENT AGENDA 5. Take appropriate action regarding the Town Council Special Retreat Minutes dated January 9, 2021 and Town Council Regular Minutes dated January 26, 2021. (L. Vacek) 6. Take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2021. (M. Erwin) INDIVIDUAL ITEM(S) 7. Take appropriate action regarding Ordinance 2021-05 amending the Fiscal Year 2021 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 1) providing for an amendment to appropriate funds related to changes in various departments. (M. Erwin) 8. Receive Annual Racial Profiling Report. (P. Arata) EXECUTIVE SESSION 9. Executive Session pursuant to Section 551.074 Personnel Matters — Annual Review of Town Secretary. (Mayor Fleury) RECONVENE INTO REGULAR SESSION 10. Take appropriate action on Executive Session Item. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, February 5, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-237-2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Members of the Town Council may be participating remotely in compliance with the Texas Open Meetings Act, Town Council Rules of Procedure, or under the provisions provided by the Texas Governor in conjunction with the Declaration of Disaster enabled March 13, 2020. Windshield replacement Crack and PF chip repair t c leer !PuttoGlass • • Headlight restoration ► AAA AQAS %epair and calibration keplacement WWW wwwAfwautoglass.com peter@optic-Meer.com VL/ -7126 @optickIeernwdfvv (940) 206 Moving from ISO-3 to ISO-1: Effective March 1 st, 2021, Trophy Club homeowners and local business owners may qualify to receive a lower insurance renewal rate as a result of the ISO 1 rating score earned by the Trophy Club Fire Department. The City joins the top 1% of communities in the US for excellence in fire protection. Only 1 in 33 Texas cities have received an ISO I rating. "This is a town wide accomplishment," says Trophy Club Fire Chief J. Taylor. "It takes a collaborative effort between all town departments, and support from our City Council over a long period, to earn a perfect rating. I especially commend our staff for their dedication and commitment to provide the citizens of Trophy Club superior property fire protection." What is an ISO Rating? An ISO rating is used by most insurance companies to predict and analyze risk when establishing insurance premiums. Approximately 46,000 fire departments around the country are evaluated and classified every 10 years by the Insurance Service Office (ISO), a risk management firm for the insurance industry, using a Public Protection Classification (PPC) program. Departments receive a score from 1 to 10 based on a 100 point grading system. The grading is comprised of Fire Department-50%, Water Utilities-40%, and Emergency 911 Dispatch-10%. In 2008, the Town of Trophy Club received a 74.33 ISO 3 rating compared to this year's score of 95.62 ISO 1 rating. The improvement was in part contributed to the addition to firefighter minimum staffing from 4 per shift, to 5. This is currently accomplished by supplementing staff with part-time professional firefighter/paramedics. Staffing, improved fire apparatus, along with major improvements in personal protective equipment (PPE), departmental training / records, and automatic -aid from surrounding communities contributed to the increased score. Another huge component was the creative utilization of staffing to implement Squad 681 for EMS/Fire responses. This broadens our response in many areas, including providing the ability to respond to back-to- back emergency responses without 20-25 minute automatic aid delays experienced in the past. The Trophy Club Fire Department is committed to continue its efforts to maintain the ISO 1 rating for years to come. Trophy Club residents and business owners are encouraged to share the new rating information with their insurance providers at the time of renewal no earlier than March 1, 2021. For more information about the ISO 1 rating, please call the Trophy Club Fire Department at 682-237-2940. In February 2021, a signed letter from Trophy Club Fire Chief, J. Taylor, will be available for download on the Town or Trophy Club official website, www.trophyclub.org. ::§iiii 1 CLASS TROPHY CLUB FIRE DEPARTMENT r� u 10/20/2020 TEXAS DEPARTMENT OF INSURANCE State fire Marshal's Office (1124M) 333 Guadalupe Street, Austin, Texas 78701 * PO Box 149221, Austin, Texas 78714 (512) 676-6800 1 F: (512) 490-1054 1 TDI.texas.gov/fire I @TXSFMO Mr. Jack Taylor Chief of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 jtaylor@trophyclub.org Dear Mr. Taylor: Place Code: Denton: 12185 Tarrant: 43980 Insurance Services Office (ISO) has submitted a recommendation concerning your community's Public Protection Classification (PPC). Currently, the Community's Public Protection Classification is a Class 03. Insurance Services Office is recommending the classification be changed to a Class 01, with an effective date of 3/1/2021. The recommendation is based on a review of your community performed on 5/19/2020 and does include application of the Exception to the Fire Suppression Rating Schedule. With a single class rating, all class -rated properties will use Class 01. Public Protection Classifications range from 1 (best) to 10 (worst). We have reviewed the information provided and believe it is enough to grant approval. The Insurance Services Office will be notified of our approval of their recommendation and the effective date. If you have any questions regarding this change, you may be reached at the address indicated above or by email to PPCOversight@tdi.texas.gov. Please make sure all community officials and residents within your district are notified of the new Public Protection Classification rating for your community, and the effective date. We would really like to find out how you feel about the Public Protection Classification (PPC) process and the Insurance Services Office (ISO) inspection services, by your participation in a brief customer satisfaction survey. 2 As a newly rated community you are our target audience and we would appreciate your feedback. The data you provide to us will assist us in reviewing our processes to make our relationships better. Please click here to complete our customer satisfaction survey. .liY1t (mot/ f We thank you for your time. Sincerely, Jesse James Williams PPC Oversight Officer PPCOversight@tdi.texas.gov TEXAS STATE FIRE MARSHAL ❑ Approved Signature: py"a, `G`eic�1 Date: 3 11-04-2020 TOWN OF TROPHY CLUB WEBSITE DRAFT SAMPLE Trophy Club Residents and Business Owners, February 9, 2021 Effective March 1, 2021, as assigned by Insurance Services Office Inc. (ISO), all homes and/or businesses located within the town limits of Trophy Club, TX and jurisdictional response area served by the Trophy Club Fire Department are designated as ISO-1, Public Protection Classification (PPC). This letter may serve as official notification for Trophy Club residents and business owners to share with their respective property insurance company. The ISO-1 designation may yield varying discounts to Trophy Club residents and business owners. Your insurance provider may require receipt of an official ISO-1 designation letter to credit any applicable discounts. We want our residents and business community to know that their safety and quality of life are our top concerns. When companies look to Trophy Club, we want them to feel confident knowing that not only will they receive a discount on their insurance rate with our ISO-1 classification, but that our Town continuously invests in the departments that will directly affect them. Sincerely, Jack G. Taylor III Fire Chief Trophy Club Fire Department "Your Safety is our Passion" 4 Century Insurance Agency 2735 Wind River Wne Ste 151 Denton, Tx. 76210 Phone: 940-387-8811 Fax: 940-383-0303 Toll Free: 866-445.5599 Email: jason@ciaauto.com `dwara doe deel4s off: 7aoon 3Eefd Century Insurance Agency, Inc. `dedicated. to Value, 9atep4, and Supe4r&4 Seweice June 19, 2020 J. Taylor, Fire Chief Town of Trophy Club 295 Trophy Club Dr Trophy Club, Tx. 76262 Hello Chief Taylor, Pursuant to our telephone conversation today June 19, 2020, please accept this letter of explanation to clarify the impact that an improved PPC rating can have on the rates for property insurance for both homeowners and commercial property owners. I've been a personal insurance agent since 1990, and currently our agency represents sev- eral of the leading homeowner insurers in the United States such as Safeco, Travelers, Allstate, Nationwide, Metlife, Progressive, and several others. The most important rating factor for all lines of property insurance is the Protection Class. Insurance Service Office (I.S.O.) is the agency tasked with evaluating all fire departments in the United States. The best possible rating is a 1 (one) and the worst is a 10 (ten). Trophy Club has always had an excellent rating of 3. If it is determined after review that ISO declares the Trophy Club Fire Department as a PPC 1, then that will have the effect of an av- erage savings on property insurance of about 10%. In some cases, it could be as much as 15%. Because every insurance company offers a variety of coverages and discounts, the impact will be different for every home and business. But the average should be fairly significant at 10%d. I would point out that a PPC 1 is very rare. There are some very fine departments that have a 3, 4, or 5. It has a lot to do with equipment, water pressure, location of stations, emergency preparedness, training levels, and historical response times. A lot goes into earning the Exemplary rating of a PPC 1. Best wishes to the Trophy Club FD and the citizens of Trophy Club. I hope this information helps. I am available to answer any questions you or your residents may have about this or any other insurance questions. Sincerely, ?JasonIHeLal President Century Insurance Agency, Inc. jason@ciaauto.com at the Certifir.., Mutbers;ttp of .Qorth Texan -19 Zftnarbg; t t.9; Certtf trace of Recertiftratton to Leticia Vacek oignifping gat 0factorp completion of the preocribeb course of otubp r. �n tastlmoney ur mtso f we gave Lwunto ".t OUT Lndfa and do of ftelat &Zd. i Vreoenteb thin Rth_ bap of January2Q2 ] reoi t, aCexao Diu ' ipaf a ks Sasocation, Inc. ICunitiaai C[nk Ro. 207 Chair. Cert fccation Committee Retertification Mate: 17/31/2025 ebutatfo c Alunitival QCferho Certification Vrogram DRAFT Vroda matiou 2021-03 Town of Trovbp Club, Tent WHEREAS, the beginning of our African-American/Black History Month can be traced to 1915 when Dr. Carter G. Woodson founded what is now called the Association for the Study of African -American Life and History (ASALH) which introduced the first Black History Week in February, 1926; and WHEREAS, In 1976, President Gerald Ford issued the first African -American History Month Proclamation calling upon all Americans to celebrate this observance each February; and since then, US Presidents going forward have issued proclamations to pay tribute to African Americans and their contributions; and WHEREAS, African-American/Black History Month is an annual celebration recognizing significant contributions of African -Americans within the Arts, Entertainment, Sports, Politics, Sciences; etc.; and WHEREAS, this year, the ASALH has selected, "The Black Family: Representation, Identity, and Diversity" as this year's theme; NO THEREFORE I, Mayor Alicia Fleury, do hereby proclaim the month of February as: "BLACK HISTORY AWARENESS MONTH IN TROPHY CLUB, TEXAS" and ask that all residents partake in recognizing the significant contributions of our Black History today and always. IN WITNESS WHEREOF, I have here unto set my hand and caused seal of the Town of Trophy Club, Texas to be affixed on this 9th day of February 2021. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Alicia L. Fleury, Mayor Town of Trophy Club, Texas TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR MINUTES TUESDAY, JANUARY 26, 2021; 7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, January 26, 2021. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place Michael Geraci Council Member, Place 5 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager Lisa Payne Town Planner CALL TO ORDER Mayor Fleury called the meeting to order at 7:00 pm and noted a quorum was present with Mayor Pro Tern Lamont, Council Members Wilson, Bone, Monger, Geraci and Shoffner. INVOCATION The Invocation was led by Pastor Brooks, Lake Cities Church. He prayed for our country where everyone is free, the ability to make our own laws, govern ourselves, speak freely, worship freely and to extend blessings on these women and men who are taking care of their neighbors in this community and to always put God first. PLEDGES The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tern Lamont. Mayor Fleury recognized and congratulated the Byron Nelson High School Competition Cheer Team for their recent UIL Division 2 Spirit State Champion, who will be recognized at the February 23, 2021 Town Council Meeting. PUBLIC COMMENT(S) Town Secretary Vacek confirmed there were no speakers registered for Public Comment. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Norwood's Reports (S. Norwood) *Business Spotlight — Starwood Cafe — Dan Rushiti *Recognition of Byron Nelson High School Competition Cheer Team for UIL 6A Division 2 SPIRIT STATE CHAMPION Assistant Town Manager Carroll introduced Mr. Rushiti, owner of Starwood Cafe. Mr. Rushiti thanked the citizens for the tremendous support since their opening in November 2020 and gave a brief family history of how the restaurant January 26, 2021 Page 1 of 6 business came about, noting that Trophy Club is the family's eleventh cafe, a "fill your belly" theme with a touch of healthy flair. Mayor Fleury thanked Mr. Rushiti for his presentation and commented on the flavorful dishes. Assistant Town Manager Carroll commented that beer and wine had recently been added to their menus. PROCLAMATIONS 2. Issuance of Proclamation 2021-01 recognizing the 2020 Ranking for the Town of Trophy Club as the 2nd Safest City in Texas (S. Norwood). Mayor Fleury read Proclamation 2021-01 and made a motion to approve the proclamation. Council Member Monger seconded the motion. The motion carried unanimously. Chief Arata thanked the Council for the recognition and thanked the Police Officers for protecting the Town 24/7, interacting with the schools and citizens, as well as the community being the "eyes and ears" of the Town, helping make Trophy Club the 2nd Safest City in Texas. He praised the involvement and dedication of all Volunteers and Citizens on Patrol Program. Mayor Fleury congratulated Detective Annillo on his recent promotion, with Trophy Club receiving the Grant for the Juvenile Detective Position. A photo was taken of all Officers present with Mayor Fleury. Motion 7-0-0 3. Issuance of Proclamation 2021-02 recognizing February as Kindness Awareness Month in Trophy Club (Mayor Fleury). *BNHS Student Council will announce a February Campaign Kindness Plan. Mayor Fleury read Proclamation 2021-02 and made a motion to approve the proclamation. Council Member Geraci seconded the motion. The motion carried unanimously. Mayor Fleury recognized Trophy Club Rotary Members Heather Hancock and Chasity Murphy for their service in spreading Kindness throughout the Community. Ms. Hancock shared Rotary's Service Projects that include Meals on Wheels, Salvation Army Bell Ringing, Coat Drive, and gathering food/snack packs for weekend meals to BNHS Students. Mayor Fleury mentioned the Trophy Club Rotary has been involved with cleaning up homes in the area as well as community beautification with trash pick-up, and reported that Trophy Club Rotary won the Salvation Army Bell Ringing Project. Ms. Hancock shared their meetings are held on Friday Mornings at the Trophy Club Country Club, 8 AM — 9 AM, with breakfast served, a speaker presentation, and anyone with a heart to serve is welcomed to attend. Mayor Fleury recognized and thanked Trophy Club Residents Alan and Vivian for graciously donating the "Faith Hope and Love" signs seen throughout the Town. Mayor Fleury also recognized Byron Nelson Student Council Representatives to share their Campaign for Kindness Program. Members Sydney Forrester, Dorna Kaufman, Danielle Gomez, Mason Stapleton, and Abigail Springfield gave a brief overview of their service projects that include Support Our Soldiers, a community service drive to deliver necessary items to Soldiers; BNHS Alumni sharing their past service projects, positive message clothespins to all students and faculty, incorporating Black History Month that ties together to spread kindness. Each day there is a new challenge and activity, including a Kindness Dress Up Day (i.e. pajama day), cutting out 2,700 individual hearts with kind messages for all students, who display these on the walls and their backpacks, as well as promoting neighborly camaraderie. Mayor Fleury thanked the Student Council Representatives for their presentation and involving the middle and elementary schools' participation, and invited the Community to participate in the upcoming Virtual Fun Run and Service Project. Motion: 7-0-0 Mayor Fleury announced she would address Item #15 at this time. 15. Take appropriate action on Public Safety Pay Adjustments (S. Norwood). January 26, 2021 Page 2 of 6 Mayor Fleury reported staff had been given the direction to review comparable cities and their Public Safety Salaries for Police and Fire positions. Council Member Monger moved to approve the recommended Public Safety Pay Adjustments. Council Member Wilson seconded the motion. Chief Arata stated that on behalf of the men and women of the TC Police Department, he extended their gratitude for the Mayor and Council's support. Chief Taylor thanked the Council for their approval. Council Member Shoffner thanked Staff for moving quickly and diligently and making this a priority. Mayor Fleury also thanked Staff and Council for the long hours involved with this recommendation. Assistant Town Manager Carroll added his appreciation for the Council's input and feedback and the Staff involved getting the pay adjustments accomplished. The motion carried unanimously. Motion 7-0-0 PUBLIC HEARING ITEM(S): Mayor Fleury declared the Public Hearing Open on the stated items at 7:30 p.m. 4. Case PD-AMD-20-003 (Domestic Pet Services) a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b. Discussion and recommendation for adoption of Ordinance 2021-02 for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). a (1) Case SUP 20-002 (Pet Bar) Take appropriate action for adoption of Ordinance 2021-03 for a Request by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Club Drive and approximately 250 feet north of SH 114 (L. Payne) b (2) Case SUP 20-003 (City Vet) Take appropriate action for adoption of Ordinance 2021-04 for a Request by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Club Drive and approximately 165 feet north of SH 114 (L. Payne) Town Planner Payne gave a presentation on the Public Hearing Items for Pet Services in Trophy Club Town Center (PD- 30). The Developer with PD-30 requested that Domestic Pet Services be added to the Code for dog grooming and a veterinarian, and proposed that each use obtain a Special Use Permit (SUP) from the Planning & Zoning Commission and Town Council to determine if a particular use is appropriate in a specific location. Exhibit B shows Domestic Pet Services, with an SUP required. Exhibit C shows the definition of Domestic Pet Services, which includes grooming, training, pet supplies, medical care and medical boarding in an enclosed building and the sale of pets or service for farm animals is not allowed. A Pet Bar falls under the definition of Domestic Pet Services, requires an SUP, as a full service facility, open Monday — Friday, 9 AM — 6 PM, and operate in 2,200 sq. foot suite, with no outdoor usage. City Vet provides veterinary services, requiring an SUP, offering medical, dental, and surgical services, and medical boarding, open 7 — 7 PM, and 8 - 6 PM on Saturday and will operate out of a 3,600 square feet suite, with no outdoor usage. January 26, 2021 Page 3 of 6 Public notices were distributed and staff received three letters from Trophy Club Town Center Residents in support. The Planning & Zoning Commission considered these items on January 7, 2021. A motion to recommend approval for these items was proposed, but the vote failed 2-5. Another motion was made to recommend approval with a revised definition to not include medical care and medical boarding for veterinarian services as allowed uses, and the vote passing of 6-1. The Planning & Zoning Commission unanimously recommended approval of the Pet Bar SUP as proposed. Planning & Zoning recommended a denial for the City Vet SUP, which passed with a vote of 5-2. Staff recommends approval of all three items. Council Member Shoffner questioned, if without the definitions allowed for City Vet, why Planning & Zoning Commission denied with a 6-1 vote and then a 5-2 vote. Mrs. Payne explained the vote of the Planning & Zoning Commissioners. Council Member Shoffner asked if the definition was voted for first. Mrs. Payne reported that taking out medical care and medical boarding was the vote that was approved. Council Member Shoffner asked with the 5-2 vote if the only concern pertained to the yard. Mrs. Payne confirmed the main concern pertained to the yard. Mrs. Payne stated a City Vet Representative explained they have other locations without yards with no issues. Mayor Fleury asked if there were any public comments; there being none, Mayor Fleury declared the Public Hearing closed for all three items at 7:35 P.M. Council Member Shoffner shared his opinion that he was not in favor personally with the approval of this item, as it does not provide sales tax to the Town. He added that he disagreed with the Planning & Zoning Commission and read the ordinance definition of Planning & Zoning's purpose and that these items did not reflect this explanation. He also explained he could not approve a denial for this proposal based on this definition and would support the items. Mayor Pro Tern Lamont made a motion to adopt Ordinance 2021-02 under Item 4B to add a definition for "Domestic Pet Services" to the Code. Council Member Shoffner seconded the motion. The motion carried unanimously. Motion: 7-0-0 Mayor Pro Tern Lamont made the motion to adopt Ordinance 2021-03 for Pet Bar Special Use Permit (SUP) to operate at the Trophy Club Town Center (PD-30). Council Member Shoffner seconded the motion. The motion carried unanimously. Motion: 7-0-0 Mayor Pro Tem Lamont made the motion to adopt Ordinance 2021-04 for City Vet Special Use Permit (SUP) to operate at the Trophy Club Town Center (PD-30). Council Member Shoffner seconded the motion. The motion carried unanimously. Motion: 7-0-0 Mayor Fleury welcomed the Pet Bar and City Vet to Trophy Club and for providing their services for the urban setting in PD-30 and the Pet -Friendly Restaurants and also thanked Town Planner Payne for working on these items. CONSENT AGENDA All matters listed under Consent Agenda are considered routine by the Town Council and will be enacted by one motion. No separate discussion of these items will be held. Items removed from the consent agenda will be considered individually. 5. Take appropriate action regarding the Town Council Regular Meeting Minutes dated December 8, 2020 (L. Vacek). January 26, 2021 Page 4 of 6 6. Take appropriate action adopting Ordinance 2021-06 Calling and Ordering the May 1, 2021 General Election for Council Place 3 and Place 4 (L. Vacek). 7. Take appropriate action for a Contract for Plan Review Services with Carroll Pruitt & Associates (W. Carroll). 8. Take appropriate action on a Three Year Renewal Contract in the amount of $3,500 per month with CW Janitorial Services for Town Hall and the Fire Department (W. Carroll). 9. Take appropriate action for an Interlocal Agreement with the City of Grand Prairie for Asphalt Street Repairs (W. Carroll). 10. Take appropriate action for an Agreement with Reynolds Asphalt to match bid pricing received by Grand Prairie during a public bid for asphalt street repair services (W. Carroll). Mayor Pro Tem Lamont moved to approve consent agenda items 5, 6, 7, 8, 9 and 10. Council Member Geraci seconded the motion. The motion carried unanimously. Motion: 7-0-0 INDIVIDUAL ITEMS 11. Take appropriate action appointing Three Members of Council to the Council Budget/Finance Subcommittee for the purpose of fiduciary oversight of the budget and providing input regarding the budget process and administration thereof (Mayor Fleury). Mayor Pro Tern Lamont made a motion to appoint Council Member Shoffner, Council Member Wilson and himself to serve on the Council Budget/ Finance Subcommittee. Council Member Shoffner seconded the motion. The motion carried unanimously. Motion: 7-0-0 12. Take appropriate action for Mayoral Appointments of Two Council Members to serve on the Council Subcommittee for Interviewing Board & Commission Applicants (Mayor Fleury). Mayor Pro Tern Lamont made a motion to appoint Council Member Monger and himself to serve on the Council Board & Commission Subcommittee with Mayor Fleury. Council Member Shoffner seconded the motion. The motion carried unanimously. Motion: 7-0-0 13. Take appropriate action to remove the Council Liaison positions of all Boards & Commissions and require the Board Chair to report their meeting summaries to Town Council (Mayor Fleury). Council Member Geraci made a motion to remove all Council Liaison positions from all Boards & Commissions and require the Board Chair to report the meeting summaries to Town Council. Council Member Bone seconded the motion. The motion carried unanimously. Motion: 7-0-0 14. Take appropriate action Creating a Public Art Committee comprised of Three Council Members appointed by the Mayor (Mayor Fleury). January 26, 2021 Page 5 of 6 Mayor Fleury reported the availability of using 15% of Hotel Occupancy Tax Funds for Public Art Projects such as the Entryway Monumentation. Mayor Fleury moved to appoint Mayor Pro Tern Lamont and Council Member Shoffner to serve with herself on the Public Art Subcommittee. Council Member Monger seconded the motion. The motion carried unanimously. Motion: 7-0-0 16. Setting the Town Council Meetings for Calendar Year 2021(L. Vacek). Mayor Fleury presented the proposed 2021 Town Council Meeting dates. Assistant Town Manager Carroll and Town Secretary Vacek noted that the MUD confirmed to meet the last week of July for the Joint Meeting to discuss the Fire Budget, with no Town business on the agenda. It was the consensus of the Council to meet once in March, (3/23/21), and once in July, (7/13/21), as well as schedule the Joint MUD Meeting to be held the last week of July. It was noted that the second meetings in November and December would be cancelled. EXECUTIVE SESSION Mayor Fleury recognized Mrs. Neelu Kharbanda, owner of Art Z, and thanked her for being a huge support to the community and schools. Mrs. Kharbanda shared that Art Z is promoting an Art Contest with a theme "Kindness Is", with proceeds benefitting Jonathan's House, a local Foster Care Organization that supports abused and neglected children. There will be three age groups; local businesses have donated items to place in the winning baskets; Winners will be show -cased at Town Hall and asked if the Winners could be recognized at the February 23, 2021 Town Council Meeting. Mayor Fleury recessed the meeting at 7:54 p.m. to convene in executive session. 17. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551(Texas Open Meetings Act), the Council will convene into executive session to discuss the following: 1) Deliberate Economic Development Negotiations regarding a commercial prospect pursuant to Texas Government Code 551.087 Economic Development (S. Norwood). RECONVENE INTO REGULAR SESSION 18. Take appropriate action regarding the Executive Session (Mayor Fleury) Mayor Fleury reconvened the meeting at 8:27 pm and stated no action was taken. ADJOURNMENT Mayor Fleury adjourned the meeting at 8:27 p.m. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Alicia L. Fleury, Mayor Town of Trophy Club January 26, 2021 Page 6 of 6 TOWN OF TROPHY CLUB TOWN COUNCIL RETREAT MINUTES Saturday, January 9, 2021; 9 AM The Trophy Club Town Council met for their Annual Retreat on Saturday, January 9, 2021. The meeting was held at the Holiday Inn, 725 Plaza Drive, Trophy Club, Texas in their Trophy Club Ball Room. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Philip Shoffner Council Member, Place 6 ABSENT: Michael Geraci Council Member, Place 5 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager Haley Archer Human Resources Manager Anita Otterson Administrative Assistant CALL TO ORDER Mayor Fleury called the meeting to order at 9:00 am and noted a quorum was present with all Council Members present except Council Member Geraci who was in quarantine due to Covid19. INVOCATION The Invocation was delivered by Wade Carroll, Assistant Town Manager. PUBLIC HEARING ITEMS 1. Case SUP-20-001(Starwood Cafe Alcohol) a) Conduct a Public Hearing for a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -Premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. b) Discussion and recommendation regarding a Request by Starwood Cafe for a Specific Use Permit for Alcoholic Beverage Sales for On -Premises consumption in conjunction with a restaurant use, generally located approximately 345 feet east of Trophy Club Drive and approximately 265 feet north of SH 114. Mayor Fleury declared the public hearing open at 9:09 am and asked if there was anyone to speak on Item 1. There being none, Mayor Fleury thanked Mr. Rushiti, owner, of Starwood Cafe for being present and declared the public hearing closed at 9:10 am. She welcomed the Starwood Cafe to Trophy Club mentioning their great selection of breakfast and lunch menu items. January 9, 2021 Page 1 of 6 Mayor Pro Tern Lamont moved to adopt Ordinance 2021-01 allowing a Specific Use Permit for Alcohol Beverage Sales at the Starwood Cafe. Council Member Monger seconded the motion. The motion carried unanimously as follows: AYE: Mayor Fleury, Mayor Pro Tern Lamont, Council Members Wilson, Monger, Shoffner NAY: None ABSENT: Bone, Geraci 2. Case PD-AMD-20-003 (Domestic Pet Services) a) Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I-D of the Development Standards and add "Domestic Pet Services" (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b) Discussion and recommendation for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I-D of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the Northeast Corner of Trophy Club Drive and SH 114 (L. Payne). a-1) Case SUP 20-002 (Pet Bar) Ordinance 2021-03 b-2) Case SUP 20-003 (City Vet) Ordinance 2021-04 Mayor Fleury declared the public hearing open at 9:14 am and announced that the applicant had requested a continuance and asked if there was anyone to speak on Item 2. There being none, Mayor Fleury declared the public hearing closed at 9:15 pm. Mayor Pro Tern Lamont moved to grant a continuance for Item 2. Council Member Monger seconded the motion. The motion carried unanimously as follows: AYE: Mayor Fleury, Mayor Pro Tern Lamont, Council Members Wilson, Monger and Shoffner NAY: None ABSENT: Bone, Geraci COUNCIL RETREAT/GOAL SETTING SESSION 3. Discussion of Topics and Priorities and Ranking thereof related to Fiscal Year 2021 Budget (S. Norwood) Mayor Fleury stated that this would be a more casual day than other retreats and made note of not hiring a facilitator. She thanked everyone for being present on a Saturday noting that she looked forward to today, their discussions, and providing direction to staff. Mr. Norwood explained that holding the Council Retreat was the first step in the FY2021 Budget process. He mentioned that last year, the Council agreed not to increase property taxes and provided staff with direction to move forward with the implementation of the FD Squad Concept. He stated that in light of the Covid19 Pandemic; staff has been very pleased with the double-digit sales tax revenue received the past year. He mentioned that most of the sales tax increase has been due to Amazon, and the Trophy Club Country Club; thus, Trophy Club has done well in comparison to other cities. He noted that this year; there are projects that will compete for funding this year. At Town Hall, he stated that staff are looking at providing services online vs in -person as Covid numbers continue to rise. He stated that having been through such an impactful year; Trophy Club is still in a strong financial position. He added that this is Council's Goals Retreat where council will provide direction and staff will develop a roadmap. He referenced a handout with a dozen topics to seeking Council direction on. Municipal Utility District (MUD) Consolidation Plan for Fire Operations (Top Priority) January 9, 2021 Page 2 of 6 Mayor Fleury began with the Municipal Utility District Consolidation of Fire Operations with the Town. Council Member Wilson mentioned that the Council needed to start thinking of the consolidation well in advance as Westlake requested to be de -annexed from the MUD. He noted the huge tax impact of the consolidation and stated that the newly created Ad -Hoc Committee would need to begin working with the MUD to address this issue. In response to Council Member Wilson; Mike Erwin stated that financially, the MUD debt is not callable. Council Member Wilson noted that financial next steps would need to be in place prior to the consolidation. It was noted that the Ad Hoc Committee comprised of Mayor Fleury, Mayor Pro Tern Lamont, and Council Member Wilson would meet with the MUD Committee to address the Fire Department transfer to the Town of Trophy Club. Mr. Norwood noted that it may be a multi -year consolidation. Council Member Shoffner asked of consolidation functions or opportunities now. The area of Community Development was mentioned as a duplication now as well as many other departments as the consolidation moves forward. Mayor Pro Tern Lamont noted that in the past; many of the functions were shared as everyone was in the same building. Council Member Wilson noted that everyone recognizes that consolidation will eventually happen and it is in the best interest of both entities to do so by absorbing duplication to digest the organization. The newly created Ad -Hoc Committee will begin working with the MUD Directors to address this issue. Drainage Issues throughout Trophy Club -Multi -year Drainage Plan (Top Priority) Council Member Wilson stated that we truly do not know the total cost of our drainage needs. He suggested that a drainage plan be developed holistically; even though the plan would not be implemented at once. He added that strategic planning needed to be used while developing a holistic plan. Mayor Fleury noted that a drainage plan was a top priority and most important was to keep water out of homes. Council Member Monger stated that the information or study provided by the engineering firm be placed on the web for public consumption. Mr. Norwood referenced the utility drainage funds that can be used for the drainage plan. He stated that this would be a more delicate plan. It was noted that this was a top priority of the Council. Digital Transformation (High Priority) Council Member Wilson spoke of the many businesses that have shifted to being able to work from home due to the pandemic. He asked that the town look at better avenues to allow customers the ability to request city services online in order to digitally transform the town. Mayor Fleury mentioned that has been the trend with the implementation of the new Public Information Requests/ORRs System (JustFOIA) and soon to GoLive with the new Agenda Management System (PrimeGov). She also made mention of the new module (CivicAlert) that would be utilized to notify subscribers of bad weather, and all town notifications. It was stated that the goal would be to digitally transform all departments at Town Hall. Remove Council Liaisons (High Priority) Mayor Fleury mentioned that the Council Liaisons were not necessary and that it made sense to remove the Council Liaisons from each of the Boards. Council Member Shoffner mentioned that that the Council would need a report/update from the Chair of each board. At this time, Council Member Bone entered the meeting. Mayor Pro Tern Lamont stated that it would be a good idea to reach out to each Board Chair and request that each Board Chair provide a report to the Town Council. Direction to staff was to place said item on the next agenda to take action on the removal of all Council Liaisons. Entryway Monuments tied to Trophy Club's Golf Heritage Mayor Pro Tern Lamont suggested placing Bronze Statues at entryways as you drive into Trophy Club of the legendary Ben Hogan, Kathy Whitworth, and Byron Nelson as well as Boy and Girl statues representing hope and dreams. Council Member Shoffner mentioned speaking to the families prior to obtain the proper permission to do so. He also asked that Public Art Funds from the Hotel Occupancy Tax (HOT) be utilized for this project. Council Member January 9, 2021 Page 3 of 6 Wilson asked how much was in the HOT Fund. Mr. Erwin replied $1.5 million and added that the fund is typically used for the Annual July 41h Event. Council Member Wilson asked of the annual revenue into said fund. Mr. Erwin stated that in a typical year, it was approximately $400,000 but for 2021, estimated revenue was $200,000. Council Member Wilson expressed that said funds be used for any of the allowed uses such as Public Art, Preservation, and put the funds to use. He noted that if the paying of certain salaries is permissible; said fund should cover those as well. Council Member Shoffner mentioned that the Council discusses this topic each year and nothing is done. Mayor Fleury asked staff to check on the categories that the HOT Funds could be allocated to as well as their percentages. Mayor Pro Tern Lamont mentioned replacing the POW/MIA Wall Plaque at Veterans' Park with the new Space Force Logo. He asked that HOT Funds be utilized to do so. With regards to the Preservation Category; Council Member Shoffner mentioned utilizing said funds for the updating of the Cemetery Entrance and placement of a Historical Marker. Mayor Fleury was in agreement and stated that a Public Art Ad Hoc Committee would be created to look into same. Staff direction is to provide the Council the HOT Fund categories and their percentages of funds to be utilized. Pickle Ball Plan (Top Priority) Tony Jaramillo, Director of Parks and Recreation provided an update stating that staff has been able to obtain information of a Pickle ball Consultant and would keep the Council posted on same. He added that said item was in progress. Mayor Fleury thanked Tony for the update. Long Range Strategic Financial Plan (High Priority) Council Member Wilson stated that he would like to see a multi -year Long Range Strategic Plan with the major projects and their associated costs. He added that this too would be important for the citizens as to identify where we need to be 5 years from now. Council Member Wilson noted the plan would identify how we plan to pay for our major projects and their respective costs for long range strategic planning. Mr. Norwood mentioned that he would provide information on the estimated revenue from the PD-30 Build -Out. He also noted that Covid has changed people's behaviors while the legislative session may bring possible impacts. Mr. Norwood reported that Trophy Club was pretty much built out which would eliminate some expenses and/or create new revenue. It was noted that the Budget/Finance Council Sub -Committee would address said item. Police and Fire Pay Plan (Top Priority) Council Member Wilson stated that he has realized that the town's pay range for our First Responders in comparison with other organizations is low. He asked both Chiefs of their concerns with losing staff to other cities due to their low pay. Chief Taylor responded that they have not yet lost any staff due to their low pay but that is was a concern. Chief Arata stated that in the last 2 years he has lost several officers to other communities due to pay; adding that they were 9-10% below when it comes to pay. Council Member Bone mentioned the town paying a higher salary for Experienced Officers that do not require but the Filed Training is a win for Trophy Club. He asked of the number of officers being hired at entry level versus hiring an experienced officer. Chief Arata noted that his department just hired Officer Elder Guevara who fits that model and brings a number of years of experience to the table. He added that many officers with 5 years' experience earn much more than our TC Officers. Mayor Fleury spoke of the Officer salaries and how they are determined taking into account benefits, vacation leave, etc. Mr. Norwood stated that in the last year, Chief Arata has gone after great people and addressing the pay. Council Monger added that he would prefer to pay more for an experienced Officer rather than risking an incident that may occur with a new cadet. Council Member Wilson stated that the MUD was literally losing people over $4k. Mr. Norwood replied that he would bring back a pay plan and commented on the compression issue that will be created. Council Member Wilson stated that we can study what we are going to do for awhile but we all agree that their pay is low; thus, what can we do today to address this. It was noted that the Police Officer entry pay was increased from $55k to $58K during Covid when all other cities were dealing with none. Council Member Shoffner mentioned that January 9, 2021 Page 4 of 6 he loved the ability to utilize laterals for our officer vacancies as those officers have seen more. He added that for where we are moving towards; he did not have a problem with paying what is needed. He mentioned preaching .more training" is always best for our officers because is it so important. He added the Town would spend less money with laterals and pay a greater salary. Lastly, he gave Chief Arata credit for turning the Police Department around from what it was 8 years ago and noted the same for the Fire Department. Chief Arata thanked Mr. Norwood for supporting the needs of the Police Department. Council Member Wilson also stated that he was willing to pay more; as our officers have been out there during the covid pandemic. Mr. Norwood stated that it is time to change our recruitment and video our Mayor and Council showing support their support for our Police Officers. Mayor Fleury asked that the pay issue be a Top Priority and would like to see that brought forward for implementation as all Council Members were in agreement. Civic/Community Center Mayor Pro Tern Lamont stated that he has heard a cry from the community for years to have a center of at least 3,500 sq ft. He said that Mr. Norwood corrected him that it would cost 4 times his estimate. He stated that the Council could ask the Community via a survey. Mayor Fleury stated that she hears this all the time and stated that they were within the parameters of using HOT Funds for it. She indicated creating a Citizen Committee to see what they can do whether it is for Loop Rd; HOAs, Special Interest Committee to look into a Community Center or other ideas. Mr. Norwood stated that 3,500 sq ft would be too small as there is so much wasted space; he spoke of soft costs and commercial kitchens. He added that staff would look at the feasibility by talking to the hotels to see if that would put more heads in beds. He mentioned the O&M Costs for a Community Center with at least 2 additional employees. Mayor Fleury stated that if thereafter, it is decided not to go through with it; staff could put together the explanation for the decision. Council Member Shoffner asked that a list be compiled of other rooms that sit empty from the FD-EOC to the Country Club and Hotels. He added that on the Loop Rd issue; the town had a blue ribbon committee and it consumed so much time and overwhelmed staff. Council Member Shoffner noted that if we put the number out there for a vote on the Loop Rd issue; folks would see how expensive it would be. Council Member Monger asked what do we really expect from the community center to do or happen there. Mayor Fleury stated that there is a larger need for venues now because groups cannot congregate at people's home. She mentioned the possibility of having a digital library within the center. Council Member Shoffner stated that the survey should include the cost of the community center and that was the reason for his voting 'no' on the citizen survey. It was mentioned that said item could be tabled and placed on a low priority right now since many groups are still not meeting. Council Member Wilson stated that he would not want to use commercial real estate for a community center. Mr. Carroll mentioned having to make cuts in other areas or raise taxes as Community Centers never come close to paying for their costs. Mayor Fleury stated that she was glad they were having this discussion as she receives many phone calls from constituents for a Community Center and is learning of the costs and points. Council Member Bone mentioned that people believe that we can do more due to the property taxes they pay. He added that folks need to know that the majority of the property taxes go to the school district. Council Member Shoffner stated that he did not disagree with a center which would be nice. Council Member Shoffner stated that things will get back to normal and that the HOT Fund will thrive and at that time; we can plan for it with a feasibility study. Residents Form Ad Hoc Committee (High Priority) Mayor Fleury stated that the Council should consider a Resident Ad Hoc Committee for residents that want to get involved and have them tasked with certain community issues. She also noted forming an HOA Committee for information sharing of best contractors, etc... and information. She added that at the same time; it would provide for more citizen led committees. A brief discussion ensued and it was the consensus of the Council to encourage, when needed, an Ad Hoc Committee to Community Issues. January 9, 2021 Page 5 of 6 Traffic Issues 114/377 when Interchange is constructed Council Member Monger mentioned that during that time; Trophy Club will see many more vehicles coming through and expressed his concern of the traffic that will generate. He felt it worthwhile to discuss what could be done. Mayor Pro Tem Lamont asked what can be done. Council Member Bone mentioned the first day of the Trophy Club Drive shut down to one lane; there was a head-on and an overturned car. Mayor Pro Tern Lamont mentioned that the HOA at The Lakes will rebuild their wall and suggested having them shut down their construction during rush hours. Council Member Wilson asked if they could schedule it during the Summer as School would not be in session and asked that a conversation with the HOA be held. Staff will follow-up on this matter. Property Taxes Mr. Norwood stated that he would like for the Council to just be open to a property tax increase as we look into the priorities set out. He stated that he was not asking for one at this point but mentioned the high percentage of residential versus commercial in Trophy Club. He spoke of Addison noting their tax base is 80% commercial and 20% residential which is opposite of Trophy Club. He briefly spoke of health insurance costs continuing to increase as well as materials and concrete. He mentioned there was some revenue that could be expected from the potential project of The Trails. He added that fortunately, our sales tax came in at 34% thanks to Amazon but noted that would plateau. Mayor Fleury asked that the police and fire pay plan be placed on the January 26, 2021 Council Agenda. Executive Session — Executive Session was not held. ADJOURNMENT There being no further items to discuss; Mayor Fleury adjourned the meeting at 1:03 pm. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Alicia L. Fleury, Mayor Town of Trophy Club, Texas January 9, 2021 Page 6 of 6 TOWN OF (:7*TROPHY CLUB i Trophy Wood Drive, Trophy Club, TX 76262 1 682.237,2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Mike Erwin, Finance Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary April Duvall, Chief Financial Analyst Re: Fiscal Year 2021— First Quarter Investment Report Town Council Meeting, February 9, 2021 Agenda Item: Acceptance of the First Quarter Investment Report for Fiscal Year 2021 (M. Erwin). Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations. Background and Explanation: The Town's current interest -bearing accounts have an ending market value of $16,676,106 as of December 31, 2020, which is an increase of ($2,740,875) since September 30, 2020. The portfolio is liquid with a weighted average life of 1 day. The total average yield for this quarter was .19% which is higher than the average rolling 6-month Treasury -Bill yield of .12% for the same period. A substantial portion of the Town's investments remain placed in the InterBank Insured Cash Sweep account to take advantage of the fund's liquidity and the 0.45% yield. Financial Considerations: Interest earnings for this quarter total $8,609, this gives the Town a year to date interest earning of $8,609 for Fiscal Year 2021. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Page 1 of 2 Staff Recommendation: Staff recommends acceptance of the First Quarter Investment Report for Fiscal Year 2021. Attachments: • First Quarter Investment Report FY 2021 Town Council Approval: Mayor, Alicia Fleury or designee Page 2 of 2 TOWN OF TROPHY CLUB QUARTERLY INVESTMENT REPORT For the Quarter Ended December 31, 2020 Prepared by Valley View Consulting, L.L.C. The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the Investment Policy and Strategies. Mike Erwin Investment Officer/Finance Manager 1` zkvau Financial Analyst Disclaimer: These reports were compiled using information provided by the Town. No procedures were performed to test the accuracy or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not representative of total return yields, and do not account for investment advisor fees. Strategy Summary Quarter End Results by Investment Category: September 30, 2020 December 31, 2020 Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value Demand Accounts 0.00% $ 2,172,788 $ 2,172,788 0.00% $ 1,904,851 $ 1,904,851 Money Markets/Local Gov't Investment Pools 0.34% 11,762,443 11,762,443 0.21 % 14,771,255 14,771,255 Totals 0.28% $ 13,935,231 $ 13,935,231 0.19% $ 16,676,106 $ 16,676,106 Current Quarter Average Yield (1) Total Portfolio 0.19% Rolling Three Month Treasury 0.09% Rolling Six Month Treasury 0.12% TexPool 0.09% Interest Revenue (Approximate) Quarterly Interest Income $ 8,609 Year-to-date Interest Income $ 8,609 Fiscal Year -to -Date Average Yield (2) Total Portfolio 0.19% Rolling Three Month Treasury 0.09% Rolling Six Month Treasury 0.12% TexPool 0.09% (1) Current Quarter Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank, pool, and money market balances. (2) Fiscal Year -to -Date Average Yields - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Town of Trophy Club Valley View Consulting, L.L.C. Economic Overview 12/31/2020 The Federal Open Market Committee (FOMC) maintained the Fed Funds target range at 0.00% to 0.25% (Effective Fed Funds are trading +/-0.10%), and projected that reduced rates could remain into 2024. Second estimate of Third Quarter GDP was finalized at +33.4%, but still remains 3.5% below pre -pandemic levels. Crude oil traded above $50 per barrel. Employment/ Unemployment continues modest improvement. The Stock Markets reached new highs. Housing continues adding positive economic activity. Additional fiscal stimulus passed and was signed by the President. The Yield Curve steepened slightly from last quarter end. 2.50 2.00 1.50 1.00 0.50 urves L- ----- - -- - - - 0.00 r— ,-- — ' o", ry.�p¢ �y�pg yy.�p4, -December 31, 2019 September 30, 2020 -December 31, 2020 US Treasury Historical Yields - Since 2006 6.00 - 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 -Six Month T-B*ll -Two Year T-Note r_xate___ S&P 500 3,750 3,500 3,250 3,000 2,750 2,500 2,250 2.000 1,750 1,500 1,250 1,000 7so 500 250 0 )•� ) ) ) )ac Sac ) )ac )ec lac �, lac US Treasury Historical Yields - Since Nov 2015 J..V 3.00 2.50 2.00 1.50 1.00 r �, r 0.50 v� 0.00 15 16 16 16 10 1'1 11 1'I 1'I 19 N% 19 10 19 19 19 N�p0 P P !P "o Fe°",pA' pol0 gyp°' Feb' jai" poi No°" Fen"0,ey po°" \40' Fel4o tO �0 Felr � 0 -Six Month T-Bill Two Year T-Note - Ten Year T-Note Valley View Consulting, L.L.C. 2 Investment Holdings December 31, 2020 Coupon/ Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (days) Yield Wells Fargo - Cash 0.00% 01/01/21 12/31/20 $ 1,904,851 $ 1,904,851 1.00 $ 1,904,851 1 0.00% InterBank Money Market Account 0.45% 01/01/21 12/31/20 249,095 249,095 1.00 249,095 1 0.45% InterBank Insured Cash Sweep 0.45% 01/01/21 12/31/20 4,722,916 4,722,916 1.00 4,722,916 1 0.45% TexPool LGIP AAAm 0.09% 01/01/21 12/31/20 7,694,101 7,694,101 1.00 7,694,101 1 0.09% TexasCLASS LGIP-Gov't AAArn 0.09% 01/01/21 12/31/20 2,105,143 2,105,143 1.00 2,105,143 1 0.09% $ 16,676,106 $ 16,676,106 $ 16,676,106 1 0.19% (1) (2) (1) Weighted average life - For purposes of calculating weighted average life, bank accounts, pools and money market funds are assumed to have an one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank accounts, pools and money market funds. Town of Trophy Club Valley View Consulting, L.L.C. 3 3.00 2.50 2.00 1.50 1.00 0.50 0.00 Portfolio Composition MMA/MMF/LGIP 89% Accounts 11% Total Portfolio Performance TexPool - Weighted Average Yield - Rolling 6 Month T-Bill Distribution by Maturity (Millions) $18 $16 $14 $12 $10 $8 $6 $4 $2 -to N '0 IP SIZI *10 NOP Oais N 1 NO ISIN N-611 Op Total Portfolio (Millions) $25 $20 $15 $10 $5 V '�o. -- $0 N i N AILANAR-A I E.N'E'O'E'N'I ,,tl Nt, N%I Nb N(3 Nb NIb Nb ,b Nq) Nro NA NA N\ NA N�o No N(b N% NIb 'p,IP 0 Quarter End Book Value Town of Trophy Club Valley View Consulting, L.L.C. 4 Book and Market Value Comparison Issuer/Description Yield Maturity Date Book Value 09/30/20 Increases Decreases Book Value 12/31/20 Market Value 09/30/20 Change in Market Value Market Value 12/31/20 Wells Fargo- Cash 0.00% 01/01/21 2,1 22,788 — (267,938) 1,904,851 2,172,788 (267,938) 1,904,851 InterBank Money Market Account 0.45% 01/01/21 249,092 3 — 249,095 249,092 3 249,095 InterBank Insured Cash Sweep 0.45% 01/01/21 6,762,851 — (2,039,935) 4,722,916 6,762,851 (2,039,935) 4,722,916 TexPool LGIP 0.09% 01/01/21 2,854,487 4,839,614 — 7,694,101 2,854,487 4,839,614 7,694,101 TexasCLASS LGIP-non Gov't 0.00% 01/01/21 956,456 — (956,456) — 956,456 (956,456) — TexasCLASS LGIP-Gov't 0.09% 01/01/21 939,557 1,165,586 — 2,105,143 939,557 1,165,586 2,105,143 TOTAL / AVERAGE 0.19% 13,935,231 6,005,203 3 264 328 16.656.106 13,935,231 2,740,875 16,676.106 Town of Trophy Club Valley View Consulting, L.L.C. 5 Allocation December 31, 2020 Book and Market Value Total CARES General Fund Storm Debt Service Drainage Hotel Occupancy parkland 2017 CO Funds Utility Tax Dedication Bond Funds Wells Fargo - Cash $ 1,904,851 $ 1,214,497 $ 673,812 $ — $ — $ 16,542 $ — $ — InterBank Money Market 249,095 124,547 — — — — — 124,547 InterBank Insured Cash Sweep MMA 4,722,916 3,178,902 — — — — — 1,544,015 TexPool LGIP 7,694,101 4,847,243 — 2,123,560 723,298 — — — TexasCLASS LGIP-non Gov't — — — — — — — — TexasCLASS LGIP-Gov't 2,105,143 — — — — 1,569,301 535,842 — Total $ 16,676,106 $ 9,365,189 $ 673,812 $ 2,123,560 $ 723,298 $ 1,585,843 $ 535,842 $1,668,562 Town of Trophy Club Valley View Consulting, L.L.C. 6 Allocation September 30, 2020 Book and Market Value CARES Storm Hotel parkland 2017 CO Total General Fund Funds Debt Service Drainage Occupancy Dedication Bond Funds Utility Tax Wells Fargo - Cash $ 2,172,788 $ 1,499,203 $ 673,585 $ — $ — $ — $ — $ . — InterBank Money Market 249,092 124,546 — — — — — 124,546 InterBank Insured Cash Sweep MMA 6,762,851 4,734,184 — — — — — 2,028,667 TexPool LGIP 2,854,487 1,556,254 — 753,986 544,248 — — — TexasCLASS LGIP-non Gov't 956,456 — — — — 763,431 193,025 — TexasCLASS LGIP-Gov't 939,557 — — — — 746,856 192,701 — Total $ 13,935,231 $ 7,914,187 $ 673,585 $ 753,986 $ 544,248 $ 1,510,286 $ 385,727 $ 2,153,213 Town of Trophy Club Valley View Consulting, L.L.C. 7 TOWN OF C TROPHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Mike Erwin, Finance Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Fiscal Year 2020-2021 Budget Amendment #1 Town Council Meeting, February 9, 2021 Agenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2020- 2021(FY21) Budget of the Town of Trophy Club, Texas Budget Amendment No. 1; providing for an amendment to appropriate funds related to changes in various departments; and providing an effective date (M. Erwin). Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations. Background and Explanation: With the passage of the FY21 Approved Budget $140,000 was included for one time payments and salary adjustments in the Town Manager's Office. As discussed these funds were to be disbursed between one time payments and salary increases throughout departments. An additional school crossing guard was also added in FY21 at least through this school year due to staffing shortage. Police Department has received a grant since the approval of the FY21 Budget, the Juvenile Detective Grant. This Amendment recognize revenue and expenditure adjustments for the grant. The third section of the budget amendment increases the expenditures budgeted in the TIRZ fund to reflect the actual payment made in December. This payment included prior year tax collections as well as FY20 tax collections reimbursement. The fourth section of the budget amendment recognizes expenditures using the additional $673,000 in fund balance. These expenditures were not originally budgeted in the FY21 Approved Budget but identified as purchases for the Town's safety related to COVID-19. The two items at the bottom of the spreadsheet allocate remaining CIP funds for use in FY21 for street Page 1 of 2 and drainage work and to move the remaining $176,838.29 from the $673,000 to an assigned fund balance for future COVID-19 related expenditures. The final section of the amendment recognizes the public safety pay raises approved January 26, 2021 for the FY21 Budget. Financial Considerations: Budget Amendment #1 changes the FY21 budget in the following ways: • Distributes the one time expenditures to individual departments. • Distributes the salary true -up expenditures to individual departments. • Recognizes grant funds in the Police Department. • Increases expenditures in the TIRZ fund. • Recognizes capital expenditures related to COVID-19. • Increases remaining CIP expenditures. • Assigns remaining funds to future safety related expenditures. • Recognizes the public safety pay raises approved by Council. The total fiscal impact to the FY21 budget is a net increase of $1,355,959 in expenditures. The new expenditures are covered by $673,000 in additional fund balance from FY20 due to the CARES ACT funding, $544,708 for the Capital Improvement Projects funding by moving all remaining Series 2017 funds and $85,879.22 in new grant revenues. Increases in TIRZ and public safety salaries are covered by existing resources. Leeal Review: Not applicable Board/Commission/ or Committee Recommendation: Not Applicable Staff Recommendation: Staff recommends approval of Ordinance No. 2021-05. Attachments: • Ordinance No. 2021-05 • Budget Amendment # 1 Town Council Approval: Mayor Alicia Fleury or designee Page 2 of 2 TOWN OF TROPHY CLUB ORDINANCE NO. 2021-05 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2020-2021 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS, BUDGET AMENDMENT NO. 1; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS FOR EXPENDITURES ASSOCIATED WITH OPERATIONS AND CAPITAL; PERSONNEL CHANGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2020-2021 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council did not appropriate funds for expenditures associated with previous fiscal year's capital projects; current fiscal year reclassification of expenditures; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit "A", will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2020-2021 Budget is hereby amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2020-2021 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first amendment that has occurred since the October 1, 2020 effective date of the Town's Fiscal Year 2020-2021 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2020-2021 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 9th day of February, 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas ORD 2021-05 Page 2 of 4 [SEAL] ATTEST: Leticia Vacek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-05 Page 3 of 4 Exhibit "A" Town of Trophy Club Budget Amendment No. 1 FY21 BUDGET AMENDMENT #1: Section 1 TMO $ 140,000.W $ (13450(1.00) $ 1,500.00 Police Salaries Salary true -up $ 1,559,995.00.1 44,541.69 $ 1,604,536.69 Police Salaries _ Seasonal -10th CrossingGuard _ $ 99,452.00 $ 13,000.00 $ 101,452.00 Police Stipend Scoff sti nds in lieu o salary increases $ - $ 6,000.00 $ 6;000.00 EMS Salaries Salary true -up $ 670,420.00 $ 14,409.11 $ 684,829.11 EMS Stipend Staff stipends in lieu of salary increases _ $ $ 1,875.00 $ 1,875.00 Fire Salaries Salar�r true_up __.-_� $ 670,420.00_$ 14,409.11 $684,829.11 Fire Stipend _ _ Staffstipends in lieu of salary increases _ $ _._ $ 1,875.00 $ 1,875.00 Streets Stipend Staff stipends in lieu of salaryincreases $ - $ 450.00 $ 450.00 Parks Salaries Salary true -up $ 593,771.00 $ 9,469.87 $ W3,239.87 Parks Stipend Staff stipends in lieu of salary increases $ - $ 8,250.00 $ 8,250.00 Recreation Stipend Staff stipends in lieu of salary increases $ - $ 1,500.00 $ 1,500.00 Community Development Salaries Salary true -up $ 361,043.00 e$ 3,050.70 $ 364,093.70 Community Development Stipend Staff stipends in lieu of salary increases $ - $ 2,250.00 $ 2,250.00 Finance `___ Salaries Salary true -up $ 29778800 e$ 11,870.52 $ 309,658.S2 Finance Stipend Staff stipends in lieu of salary increases $ - $ 1,500.00 $ 1,500.00 Court y Stipend Staff stipends in lieu of salary increases $ $ 750.00 $ 750.00 Human Resources _ Stipend Staff stipends in lieu of salary increases $ 750.00 $ 750.00 Communications Stipend Staff stipends in lieu of salary increases $ - $ 7S0.00 $ 750.00 Facilities Stipend Staff stipends in lieu of salary increases $ - $ 750.00 $ 750.00 Trophy Club Pork Stipend Staff stipends in lieu of salary increases $ - $ $ . Street Maintenance Stipend Staff stipends in lieu of salary increases $ $ 1,050.W $ 1,050.00 Section 1 Police Grants Juvenile Detective Grant Salaries Drug Interdiction andluvenile Resource O icer .__._ $ 1,604,536.69 $ 85,879.22 $ 1,690,415.91 — Grant Revenue Grant Revenue �$ 135,000.00 $ 85,879.22 $ 220,879.22 Section 3 MFund Incentive Programs Reflect amount paid this December $ 49,2i;Ooo $ 19,220.00 $ 69,500.00 Section 4 CAPITAL Poke Dona Safety Supply COVID-19 related expenses $ - $ (17,172.30) GL Seamans COVID-19 related expenses $ - $ (16 663.25) GL Seamans _ _COVID-19 related e e 5 _ $ - $ (5,556.56) Versa Trust COVID-19relatedex nses $ $ (36,969.90) Ca Rat EquipmentR�lacement Wnd __ _ $ - $ 76,362.01 $ 76,362.01 —.__..._............_-.-_.-___.._...---.-.-._- Ftrc/EMS .-...._-------- Siddons-Martin COWD-19 related expenses $ (335,672.00) Electra Acoustics COVID-19 related expenses $ (45,394.82) Capital Equipment Replacement Fund $ 30,500.00 $ 335,672.00 $ 366172.00 Capial Equipment Replacement Fund $ 110,000.00 $ 45,394.82 $ 155,394.82 Parks Total Recreation Products COVID-19 related expenses $ (38,732.88) Capital Equipment Replacement Fund $ 150,000.00 $ 38,732.88 $ 188,732.88 Copkal Pro1eccs land Remoinin 2017 Bond Funds _ $ 1,447,604.00 $ 544,708.00 $ 1,992,312.00 —.__._—_.__.__................_._..._.._.-.-.-...-............._..-.-.-_._--_.-__._._._..._.._-.-_.-_.._._..._..._._.._-.-.-.-.-.-.--M-0-- Use oJGF Fund Bakna S .._. 1,000,000.00 EstabBshmentoass ned nd balance Future Safety and/or Welfare Related Purchases $ 176,838.29 $ 176,838.29 Section 5 Poke Salaries Council action January 26, 2021 $ 1,690,415.91 $ 138,664.51 $ 1,829,080.42 Overtime Council action January 26,2021 $ 90,000.00 $ 7,771.S7 $ 97,772.57 EMS Salaries Council action January 26, 2021 $ 684,829.11 $ 26,594.91 $ 711,424.02 Overtime Council action January 26,2021 $ 72,896.00 $ 5,181.72 $ 78,077.72 FIRE Salaries Council action January 26, 2021 $ 684,829.11 $ 26,594.91 $ 711,424.02 Overtime Council action January 26, 2021 $ 72,896.00 $ 5,181.72 $ 78,077.72 ORD 2021-05 Page 4 of 4 FY21 BUDGET AMENDMENT: DepartmentRecommended Description Amended Section 1 —--------------------------------------------- Police ----..------------------------------------------------------------ -- _-------__'--------------- S 140,t>D0.00 S - ----- i13esoo.00) S — ------ 1,500.00 ---"----------'----------------------_------------- Police Salaries -.-.--Salary true -up•••_-_-__-----_- ------_-.---_------_$ •---------•�-- ------------------"-•-"— 1,559,995.00 $ 44541.69-$1,604,536.69 '----'----------•------------------------'------------- Salaries Seasonal -10[h Crossin Guard - ---------'--------9----------------------------------------•----- - _ - 88,452.00 $------3A00--- '-"`---- o ice EMS Stipend Staff stipends in Ileu of salary increases ______ $ '--------------___000.0------ - $ $ -----_ 6,000.00 --.__------------------------------------..._------------- Salaries Sola true-u ry-"' P--___-------'—"-------------------------------------------------------00--5 .------ -- ""—""'—"" 14,409_11 $------694,829.11 EMS Stipend Satofstipends in lieu of salary increases $ - ___--- - $ 1,87—$ ------ 1,875.00 Fire -------•'------'-------------------......--Stipen--....---..... Salaries Salary true -up - ------ends $ 670,420.00 $ 14,409.11 $ 684,829.11 Fire Streets Stipend --•----------------------- inlieuo solar -increa---'—' StaJJstipends in Ileu of salary increases 6 -----------"'------------------------'—'--'---- - $ 1,875.00 $ 1,875.00 Stipend Staff stipends in lieu of salary increases $ - $ 450.00 $ 450.00 Parks --"-------------------------------------------------'--- Salaries _ Sala true-u ry--"---P-------'------..__---------"---------"----------'-- S 593,771.00 $ 9,468.87 $----- _ 603,139.87 Parks---------------------------- Stipend Staff stipends in lieu of salary increase. $ $ 8,250.00 $ ------ _ 8,250.00 Recreation -------------------__-----------------__------------------------"-----"'--__.----------- Stipend Staff stipends in lieu of salary increases $ _ 1,500.00 $ 1,500.00 ommunity Development —"-----_------------"'_---__'-------__'----_'—_ --------•-------------- Salaries Salary true -up —__"__'-___'___-----'__—"'.---.____------------------------- ------------'----------_$ $ __----------___-- 361,043.00 $ 361, ------- 3,050.70 $ 364,093.70 Communi Develo ment tY P Stipend Staff stipends in lieu of salary increases —' $ --- $ ----050.70------------O93. 2,150.00 $ 2,250.00 mance __-----------------••-------- Salaries ---___—_.___—_—_---------"---.—__ _ _ Salary true -up _ _ $ _—_—` _ 297,788.00 $ 11,870.52 $ _ — 309,658.51 Finance ------___.._______—..'_____-----------------------""'—_ Stipend Staff stipends in lieu of salary ------ $ _ -----'_'____5------- 1,500.00 ourt - Stipend StafJstipends in Ileu of salary increases $ - $ 750.00 $ 750.00 Human Resources _----'----------------------"-------------'-----"----------------------------------------------_-----------_"------------'__--------------"--------------'_'_-- Stipend Staff stipends in lieu of salary increase_ $ 750. $ ------ _--------------------750.00 Communicatlons "---------------'------------"---------' Stipend staff stipends 1n lieu of salary increases $ $ 750.00 $ 750.00 Facillties ____--__----'---____.—__._—. _ _____.._—________._ ----------------- - Sti end Sta sti nds in lieu o solo increases P ff Pe ofsalary 5--------_5--___750.00 _ _- _ _ _ ____..____________00 $ $ - -_.—__ Tro h Club Park P Y Stipend StafJstipends in lieu of salary increases $ _ $ __-_-_-_-_--_-_7_5.0_.00 $ Street Maintenance Stipend Staff stipends in lieu oJsalory increases $ $ 1,050.00 $ 1,050.00 Section 2 ------------------------ —----- Pollce Grants ----------- —----- —----- —----- —----- ---------- -------- ------ -------- ------ -------- ------ -------- ------ - ------- ------ -------- ------ -------- ------ ----- ------- ----- ---- Juvenile Detective Grant Salaries Drug Interdiction and Juvenile Resource Off--------- -- $ 8------ -- $ 1,690,415.91 -------------------------------------r -_—_-----------------••----------------..-------------------------------- rant evenue Grant Re venue ---•.--$ --- — -------------•------ - ----- - 135,000.00 $------� ------------ -' 85,879.22 $ -------------- 220,879.22 Section 3 _ ----- — — — --- ----- !11! Fund - -- --- ---------- —----- —----- —----- —----- ------- —----- — -- — -- — —---- —----- —----- —..... --- — - - ----------------------------------------------------- Intend-- Programs Reflect amount paid this December $ -- 49,280.00 $ -- -- - 19,120.00 $ - - - -- 68,500.00 Section 4 a �"-- — — --- — CAPITAL — _-'-----....------ ----- —----- ce —----- —----- ----- ___-------'------------------------------- Dana SafetySuPP1Y --------------'------------------------------------------------------ COVID-19 related ex enses ------------�'----�------��- -- — GL Seamans _ COVID-19 related expenses __"------'-----•------------------------------ -------- ----------------__' $ -- --_ — _ ------------- GL Seamans COVID-19 related expenses —'��------ ---------------------� ""'-------------- erso rust COVID-19 related expenses $________ . $ (36,969.90) Capitol Equlpmen[Rep/attmentFund $ _ - $ 76,362.01 $ __ _ —76,362.01 F/re/EMS------------ --------------------------------------------------------------------------------------------------------------- ----'------------------------------------------ Slddans-Martin --------------- ---------- --------------------------------------- COVID-19 related ex enses _ �___—_.....__ ---------------- -- ------- $ ----- --'--'----------------- (335,672.00) ElectraAcoustics----------------------------------------COVID_ ..LTLted expenses $_ (45,394.82) dplta Copltal Equlpment Rep/attment Fund ----------------------- __ ---- $ —_..._ --- 30,500.00 $_ 335,671.00 $ 366,172.00 Cap/tal Equlpment Replacement Fund $ 110,000.00 $ i5,39iTT $ _ 155,394.82 ..... -------------------- —----- Parks------ —----- — ----- — ----- — ----- — ----- -------' -- ------ -'—----------- ------------------------.__----------------.._------ ------ —----- —--- __— ------ — - -- Total Recreation Products COVID-19 related expenses ---'------------'---------'-----------"----------- _"-----------'_'------------ $ (38,731.88J Capita Equlpment Rep/anment Fund _ _ _ — __ ------- ----------------- $ __ 150,000.00 $ __ - _"__-2.88) -- 38, 731.88 $ ____ 188,732.88 —'-'------'--------- Capita/ Protects Fund ---------- —----- —----- —----- —----- ------- —--------------- -------------------------------------------------------------------------------------------------------------------------- Capital--------------------------'------------'-'------------'-------------------------------------- OutlaY Remaining 20178ond Funds $ 1,447,604.00 $ 544,708.00 $ 1,992,311- __---------------------------------------------------•_--------------•-------------------------------------------- Useo/GF fund Ba/antt ------------------- S -- 1,000,000.00 $__ -- - 4%161.71 $ 1,496,161.71 Establishment oJassigned Jund balance Future Safety and/or Welfare Related Purchases $ 176,838.29 $ 176,838.29 Section 5 _— --- — — — -- — - — — — ------------------------------------------------------------------ --------------------- Pollce Salaries -- —------- —..... —----- —----- --'-----------____---------- Council action lanua 16, 2021 _______________'---415.91 ------ —ry-----------"------ ----- ------- — 1,690,415.91 $_ 3 ,664.51 - -- 138,664.51 $ 1,829,-----_ 1,829,080.41 Overtime ------ --------5 Council action lanuary26, 2021 _S ------90,000.00 $ 7,772.57 $ 97,771.57 -----------------------••------------.__---------------------------"------------"__----------------------------------------------------------- EMS Salaries Council action January 26,2021 ---'-----------------....-----------—"--------------- -- — --------------....----------------------------- $ ----- 684,829.11 $ ---- -------- ------- 26,594.91 $ ----------"'-- 711,424.02 --------------------------------_._---------e-"—' Overtime — — ------------------ �aunCll action January 26.2011 -------- $ ------------------------------------------------------ 72,896.00 $ 5,181.72 $ 78,07772 FIRE Salaries _ _ --'-----------------•'_-------------------- Council January26, ------------------------------_$------ _ ---- -------------------- 684,819.11 $_ . 26,594.91 $•_—•_ -"'"------- 711,424.02 Overtime Council action January 26, 2011 $ 72,896.00 $ 5,181.72 $ 78,07771 TOWN OF T(:7* TROPHY CLUB 1 Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org ( trophyclub.org To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Annual Racial Profiling Report Meeting Date: February 9, 2021 Agenda Item: Receive Annual Racial Profiling Report; (S. Norwood). Strategic Link: Safety & Security: Achieve exceedingly high standards for public safety and low crime rates. Background and Exalanation: This annual report is for Calendar Year 2020. The report was prepared by Del Carman Consulting and filed with the Texas Commission on Law Enforcement (TCOLE). Dr. Del Carman reviewed the data and determined that the Trophy Club Police Department (TCPD) is in compliance with all laws and rules regarding racial profiling. Dr. Del Carman also noted that the TCPD has done an outstanding job on Bias based issues to maintain a professional staff. The attached Compliance Audit and Racial Profiling Law, for the Trophy Club Police Department was completed with the information provided from the Denton County Dispatch System. This is the Tier 1 State Racial Profiling Report (Partial Exemption) required for submission to TCOLE no later than March 1, 2021. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed said item and concurs with staff recommendation. Board/Commission/ or Committee Recommendation: Not Applicable Staff Recommendation: Staff recommends approval of the 2020 Annual Racial Profiling Report. Page 1 of 2 Attachments: • Annual Racial Profiling Report • Racial Profiling Data Error Memo Page 2 of 2 TCTOWN OF * TROPHY CLUB 1 T}opl v wood Dive � Dopbv Chub, TX 76262 (68 2.237.2900 TO: TCOLE FROM: Chief Arata SUBJECT: Racial Profile data error DATE: January 15, 2021 The Trophy Club Police Department (TCPD) has completed the Racial Profiling Report and has identified an error in the data. This data is related to the Race Known category. The error was that between January 1, 2020 and January 24, 2020. The Racial Profiling part of the RMS system had a "bug" that did not place data in the correct locations. The Texas Commission on Law Enforcement (TCOLE) Racial Profiling Report requires that all fields must be completed and does not allow unassigned data to be documented. Lt. Connella, from TCOLE advised the TCPD to enter the 129 missing records in the category "no," which indicates that the race was unknown in those 129 situations. TCPD was also asked to submit a written justification to document this change. The error was detected, fixed, and will not happen again. Attachments: 1. E-mail 2. 2020 Annual racial profiling stats Report 3. January 2020 racial profiling stats Patrick Arata Chief of Police Town of Trophy Club E Trophy Club POLICE DEPARTMEN 12020 "Dr. Alex del Carmen's work on racial profiling exemplifies the very best of the Sandra Bland Act, named after my daughter.My daughter's pledge to fight for injustice is best represented in the high quality of Dr. del Carmen's reports which include, as required by law, the data analysis, audits, findings and recommendations. I commend the agencies that work with him as it is clear that they have embraced transparency and adherence to the law." -Quote by �;eneva 12eed (tMother vJ Sandra 3land) _.. x' �) A. January 24, 2021 Trophy Club City Council 1 Trophy Wood Drive Trophy Club, Texas 76262 Dear Distinguished Members of the City Council, The Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted in 2001, the Texas Racial Profiling Law. During the past year, the Trophy Club Police Department, in accordance with the law, has collected and reported motor vehicle -related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements were implemented. Moreover, in 2017, the Sandra Bland Act was passed and signed into law (along with HB 3051 which introduced new racial and ethnic designations). The Sandra Bland Law requires that law enforcement agencies in the state collect additional data and provide a more detailed analysis. All of these requirements have been met by the Trophy Club Police Department and are included in this report. This particular report contains three sections with information on motor vehicle -related contact data. In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the Trophy Club Police Department has complied with the Texas Racial Profiling Law. In section 1, you will find the table of contents in addition to the Texas Senate Bill (SB1074); which later became the Texas Racial Profiling Law. Further, you will find the Texas HB 3389, which, in 2009, introduced new requirements relevant to racial profiling as well as the Sandra Bland Act.Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCOLE (Texas Commission on Law Enforcement) is included. In addition, you will find, in sections 2 and 3 documentation which demonstrates compliance by the Trophy Club Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to the implementation of an institutional policy banning racial profiling, the incorporation of a racial profiling complaint process and the training administered to all law enforcement personnel. The last section of this report includes statistical data relevant to contacts, made during the course of motor vehicle stops and in accordance with the law, between 1 /1 /20 and 12/31 /20. In addition, this section contains the TCOLE Tier 2 form, which is required to be submitted to this particular organization by March 1 st of each year. The data in this report has been analyzed and compared to data derived from the U.S. Census Bureau's Fair Roads Standard. The final analysis and recommendations are also included in this report. The findings in this report serve as evidence of the Trophy Club Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Table of Contents Introduction Letter to Council Members 1 Table of Contents 2 Responding to the Law Public Education on Filing Compliments and Complaints 4 Racial Profiling Course Number 3256 5 Reports on Compliments and Racial Profiling Complaints 11 Tier 2 Data (Includes tables) 15 Analysis and Interpretation of Data Tier 2 Motor Vehicle -Related Contact Analysis 31 Comparative Analysis 31 Summary of Findings 32 Checklist 34 Legislative and Administrative Addendum TCOLE Guidelines 37 The Texas Law on Racial Profiling 42 Modifications to the Original Law 49 Racial and Ethnic Designations 57 The Sandra Bland Act 58 Trophy Club Police Department Racial Profiling Policy 73 4 n] • ar AV e 171 0 rl 3 Informing the Public on the Process of Filing a Compliment or Complaint with the Trophy Club Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a compliment or racial profiling complaint. In an effort to comply with this particular component, the Trophy Club Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area and on its web site, information relevant to filing a compliment and complaint on a racial profiling violation by a Trophy Club Police officer. In addition, each time an officer issues a citation, ticket or warning, information on how to file a compliment or complaint is given to the individual cited. This information is in the form of a web address (including in the document issued to the citizen), which has instructions and details specifics related to the compliment or complaint processes. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. All Trophy Club Police officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Trophy Club Police Department have completed the TCOLE basic training on racial profiling. The main outline used to train the officers of Trophy Club has been included in this report. It is important to recognize that the Chief of the Trophy Club Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Trophy Club Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of "race or ethnicity" for form Transportation Code 543.202 A. Written departmental policies Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic -stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint -related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband Facts supporting probable cause G. Compilation and analysis of data H. Exemption from reporting - audio/video equipment (.Officer non -liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two -year -old licenses as of 09/01 /2001 (training to be completed no later than 09/01 /2003) - see legislation 77R-SB1074 7. Warning or citation issued 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806,116 S.Ct.1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct.1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism. B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly - the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole. C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers. D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile - a racially -based stop today can throw suspicion on tomorrow's legitimate stop. E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds - it is a waste of law enforcement resources. a 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race -based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" - "Driving While Black" - a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search - if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license -plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over -reckless or over -cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre -stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell -phone when signaled to stop 4. Unusual pull -over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti -theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit - Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://tio2.tic.state.tx.us/tlo/77r/billtext/SBOl 074F.htm r� W3 11 Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/20 - 12/31/20, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. 0 A check above indicates that the Trophy Club Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1 /1 /20 - 12/31 /20. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case Number itional Comments: rangy ,,tor 0 s Iroplo- �190,00y ram 10 41. J sw 11 13 14 TOTAL STOPS: 3,106 Male Total: 2,019 STREET ADDRESS OR APPROXIMATE LOCATION OF STOP. City Street 2,992 US Highway 12 County Road 1 State Highway 1 Private Property 100 WAS RACE OR ETHNICITY KNOWN PRIOR TO STOP? Yes 206 No 2,900 RACE OR ETHNICITY Alaska Native/American Indian 9 Asian/Pacific Islander 116 Black 331 White 2,443 Hispanic/Latino 207 GENDER Female Total: 1,087 Alaska Native/American Indian 5 Asian/Pacific Islander 46 Black 97 White 874 Hispanic/Latino 65 Alaska Native/American Indian 4 Asian/Pacific Islander 70 Black 234 White 1,569 Hispanic/Latino 142 REASON FOR STOP? Violation of Law Total: 65 Alaska Native/American Indian 2 Asian/Pacific Islander 0 Black 8 White 52 Hispanic/Latino 3 Pre -Existing Knowledge Total: 51 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 14 White 34 Hispanic/Latino 3 Moving Traffic Violation Total: 2,514 Alaska Native/American Indian 4 Asian/Pacific Islander 105 Black 243 White 1,988 Hispanic/Latino 174 Vehicle Traffic Violation Total: 476 Contraband (in plain view) Total: 5 Alaska Native/American Indian 3 Asian/Pacific Islander 11 Black 66 White 369 Hispanic/Latino 27 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 4 Hispanic/Latino 0 WAS SEARCH CONDUCTED? Probable Cause Total:132 YES Alaska Native/American Indian 2 NO 7 Asian/Pacific Islander 0 116 Black 42 289 White 169 2,274 Hispanic/Latino TOTAL 6 219 201 2,887 REASON FOR SEARCH? Consent Total: 72 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 6 White 64 Hispanic/Latino 2 Alaska Native/American Indian 2 Asian/Pacific Islander 0 Black 34 White 92 Hispanic/Latino 4 Inventory Total: 4 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 4 Hispanic/Latino 0 Incident to arrest Total: 6 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 5 Hispanic/Latino 0 WAS CONTRABAND DISCOVERED? DESCRIPTION OF CONTRABAND Alaska Native/American Indian YES 1 NO 1 Asian/Pacific Islander 0 0 Black 29 13 White 101 68 Hispanic/Latino TOTAL 2 133 4 86 Did the finding result in arrest (total should equal previous column)? Alaska Native/American Indian YES NO 0 1 Asian/Pacific Islander 0 0 Black 5 24 White 69 32 Hispanic/Latino TOTAL 0 74 2 59 Drugs Total: 83 Alaska Native/American Indian 1 Asian/Pacific Islander 0 Black 20 White 62 Hispanic/Latino 0 Weapons Total: 2 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 1 Hispanic/Latino 0 Currency Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Alcohol Total: 10 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 2 White 8 Hispanic/Latino 0 Stolen Property Total: 0 Citation Total: 387 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Other Total: 38 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 6 White 30 Hispanic/Latino 2 RESULT OF THE STOP Verbal Warning Total: 2,641 Alaska Native/American Indian 7 Asian/Pacific Islander 98 Black 278 White 2,088 Hispanic/Latino 170 Written Warning Total: 4 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 0 White 3 Hispanic/Latino 0 Alaska Native/American Indian 2 Asian/Pacific Islander 17 Black 48 White 283 Hispanic/Latino 37 Written Warning and Arrest Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Citation and Arrest Total: 3 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 3 Hispanic/Latino 0 Arrest Tota I: 71 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 5 White 66 Hispanic/Latino 0 ARREST BASED ON WAS PHYSICAL FORCE RESULTING IN Violation of Penal Code Total: 60 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 3 White 57 Hispanic/Latino 0 Violation of Traffic Law Total: 1 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 1 Hispanic/Latino 0 Violation of City Ordinance Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Outstanding Warrant Total: 13 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 2 White 11 Hispanic/Latino 0 BODILY INJURY USED DURING STOP? Yes Tota I: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 No Total: 3,106 Alaska Native/American Indian 9 Asian/Pacific Islander 116 Black 331 White 2,443 Hispanic/Latino 207 NUMBER OF COMPLAINTS OF RACIAL PROFILING Tota I Resulted in disciplinary action 1 0 Did not result in disciplinary action 19 JV 20 Table 1. Motor Vehicle Contacts Including Tickets, Citations and Warnings. (1 /1 /20-12/31 /20) Race/Ethnicity All Motor Tickets or Verbal Written Vehicle Citations* Warnings Warnings Contacts W116 N % N % N % N % Alaska Native or 9 0 2 1 7 0 0 0 American Indian Asian or Pacific Islander 116 4 17 4 98 4 1 25 Black 331 11 48 12 278 11 0 0 White 2,443 79 286 73 2,088 79 3 75 Hispanic or Latino 207 7 37 9 170 6 0 0 TOTAL 3,106 100 390 100 2,641 100 4 100 *Includes stops for alleged violation of a law or ordinance, tickets/citations, and verbal and written warnings "N"represents"number"of all motor vehicle -related contacts ** Race/Ethnicity is defined by HB 3051 Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison Comparison of motor vehicle -related contacts with households that have vehicle access (in percentages). (1 /1 /2020 -12/31 /20) Race/Ethnicity* Contacts Households With (in percentages) Vehicle Access (in percentages) Alaska Native or American Indian 0 0 Asian or Pacific Islander 4 5 Black 11 14 White 79 60 Hispanic or Latino 7 19 TOTAL 100 98 "N" represents "number" of all motor vehicle contacts ** Race/Ethnicity is defined by HB 3051 Table 3. Motor Vehicle Searches and Arrests. (1 /1 /20-12/31 /20) Race/Ethnicity Searches Consensual Custody Arrests Searches N % N % N % Alaska Native or American 2 1 0 0 0 0 Indian Asian or Pacific Islander 0 0 0 0 0 0 Black 42 19 6 8 5 7 White 169 77 64 89 69 93 Hispanic or Latino 6 3 2 3 0 0 TOTAL 219 100 72 100 74 100 "N" represents "number" of all motor vehicle contacts ** Race/Ethnicity is defined by HB 3051 Table 4. Instances Where Peace Officers Used Physical Force that Resulted in Bodily Injury (1 /1 /20-12/31 /20) Instances Where Peace Location of Stop Reason for Stop Officers Used Physical Force that Resulted in Bodily Injury Table 5. Search Data (1 /1 /20-12/31 /20) Race/Ethnicity Searches Contraband/ Contraband/ Arrests Evidence Evidence Found Not Found N % N % N % N % 2 1 1 1 1 1 0 0 Alaska Native or American Indian Asian or Pacific Islander 0 0 0 0 0 0 0 0 Black 42 19 29 22 13 15 5 7 White 169 77 101 76 68 79 69 93 Hispanic or Latino 6 3 2 2 4 5 0 0 TOTAL 219 100 133 100 86 100 74 100 "N" represents "number" of all motor vehicle contacts ** Race/Ethnicity is defined by HB 3051 Table 6. Report on Audits. The following table contains data regarding the number and outcome of required data audits during the period of 1 /1 /20-12/31 /20. Data Audits on Racial Profiling Data Number of Data Audits Completed Date of Completion Outcome of Audit 1 January 20, 2020 Data reviewed is valid and reliable. 2 April 20, 2020 Data reviewed is valid and reliable. 3 August 20, 2020 Data reviewed is valid and reliable. 4 December 20, 2020 Data reviewed is valid and reliable. Additional Comments: Table 7. Instances Where Use of Force Was Used Which Caused Bodily Injury During a Motor Vehicle Contact. (1 /1 /20-12/31 /20) Race/Ethnicity Use of Force Causing Bodily Injury Alaska Native or American Indian N % 0 0 Asian or Pacific Islander 0 0 Black 0 0 White 0 0 Hispanic or Latino 0 0 TOTAL 0 0 "N" represents "number" of all motor vehicle contacts ** Race/Ethnicity is defined by HB 3051 Table 8. Reason for Arrests Resulting From a Motor Vehicle Contact. (1 /1 /20-12/31 /20) Race/Ethnicity Violation of Penal Code Traffic Law City Ordinance Outstanding Warrant Alaska Native or American Indian N % N % N % N % 0 0 0 0 0 0 0 0 Asian or Pacific Islander 0 0 0 0 0 0 0 0 Black 3 5 0 0 0 0 2 15 White 57 95 1 100 0 0 11 85 Hispanic or Latino 0 0 0 0 0 0 0 0 TOTAL 60 100 1 100 0 0 13 100 "N" represents "number" of all motor vehicle contacts ** Race/Ethnicity is defined by HB 3051 In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling Law. This particular law came into effect on January 1, 2002 and required all police departments in Texas, to collect traffic -related data and report this information to their local governing authority by March 1st of each year. In 2009, the racial profiling law was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or arrest made. In addition, the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of individuals before detaining them. Further, it was required that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1 st of each year. The purpose in collecting and disclosing this information is to determine if police officers in a particular municipality are engaging in the practice of racially profiling minority motorists. The Texas Racial Profiling Law also requires police departments to interpret motor vehicle -related data. Even though most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if individual police officers are engaging in racial profiling, from a review and analysis of aggregate/institutional data. In other words, it is challenging for a reputable researcher to identify specific "individual' racist behavior from aggregate -level "institutional" data on traffic or motor vehicle -related contacts. As referenced earlier, in 2009, the Texas Legislature passed House Bill 3389, which modified the Racial Profiling Law by adding new requirements; this took effect on January 1 st, 2010. These changes included, but are were not limited to, the re -definition of a contact to include motor vehicles where a citation was issued or an arrest made. In addition, it required police officers to indicate if they knew the race or ethnicity of the individual before detaining them. Also, the 2009 law required adding "middle eastern" to the racial and ethnic category and submitting the annual data report to TCOLE before March 1 st of each year. In 2017, the Texas Legislators passed H.B. 3051 which removed the Middle Eastern data requirement while standardizing the racial and ethnic categories relevant to the individuals that came in contact with the police. In addition, the Sandra Bland Act (S.B. 1849) was passed and became law. Thus, the most significant legislative mandate (Sandra Bland Act) in Texas history regarding data requirements on law enforcement contacts, became law and took effect on January 1, 2018. The Sandra Bland Act not only currently requires the extensive collection of data relevant to police motor vehicle contacts, but it also mandates for the data to be analyzed while addressing the following: 1. A comparative analysis of the information compiled (under Article 2.133): a. Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; b. Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; c. Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches. 2. Information related to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. In an effort to comply with The Texas Racial Profiling/Sandra Bland Law, the Trophy Club Police Department commissioned the analysis of its 2020 contact data. Hence, two different types of data analyses were performed. The first of these involved a careful evaluation of the 2020 motor vehicle -related data. This particular analysis measured, as required by the law, the number and percentage of Whites, Blacks, Hispanics or Latinos, Asians and Pacific Islanders, Alaska Natives and American Indians (Middle Easterners and individuals belonging to the 'other" category, as optional categories), that came in contact with the police in the course of a motor vehicle related contact, and were either issued a ticket, citation, warning were issued or an arrest was made. Also, included in this data were instances where a motor vehicle contact took place for an alleged violation of the law or ordinance. The Tier 2 data analysis included, but was not limited to, information relevant to the number and percentage of contacts by race/ethnicity, gender, reason for the stop, location of stop, searches while indicating the type of search performed, result of stop, basis of an arrest and use of physical force resulting in bodily injury. It is important to recognize that the department opted to report its data in a more detailed manner (new template) which allows for a better and more reliable analysis. It should be noted that the additional data analysis performed was based on a comparison of the 2020 motor vehicle contact data with a specific baseline. When reviewing this particular analysis, one should consider that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing motor vehicle -related contact information. Of the baseline measures available, the Trophy Club Police Department opted to adopt, as a baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau (2010) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is anticipated that next year, when the 2020 Census findings are available, this information will be updated, accordingly. There is no question that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Trophy Club Police Department in 2020 but live outside city limits. In some cases, the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all motor vehicle -related contacts made in a given year. Since 2002, several civil rights groups in Texas expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of "households" that have access to vehicles. Thus, proposing to compare "households" (which may have multiple residents and only a few vehicles) with "contacts" (an individual -based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the Trophy Club Police Department accepted the recommendation to utilize this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good will" and "transparency" before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to the Dallas Fort -Worth (DFW) Metroplex. Tier 2 (2020) Motor Vehicle -Related Contact Analysis When analyzing the enhanced and more detailed Tier 2 data collected in 2020, it was evident that most motor vehicle -related contacts were made with Whites. This was followed by Blacks.Of those that came in contact with the police, most tickets or citations were issued to Whites; this was followed by Blacks. However, in terms of written warnings, most of these were issued to Whites. Regarding searches and arrests, the data showed that most searches took place among Whites. When considering all searches, most were consented by Whites while most custody arrests were of Whites, as well. Overall, most searches resulted in contraband; of these, most searches producing contraband took place among Whites; this was followed by Blacks.Of the searches that did not produce contraband, most were of Whites. Most arrests were made on Whites. Most of the arrests that originated from a violation of the penal code involved Whites. This same was evident among those arrested as a result of a violation of a traffic law or those arrested due to an outstanding warrant. Overall, the police department does not report any instances where force was used that results in bodily injury. Comparative Analysis The data analysis of motor vehicle contacts to the census data relevant to the number of "households" in DFW who indicated, in the 2010 census, that they had access to vehicles, produced interesting findings. Specifically, the percentage of Blacks, Hispanics, Asians and American Indians that came in contact with the police was lower than the percentage of Black, Hispanic, Asian and American Indian households in DFW that claimed, in the 2010 census, to have access to vehicles. The opposite was true of Whites. That is, a higher percentage of Whites came in contact with the police than the percentage of White households in DFW that claimed, in the 2010 census, to have access to vehicles. The analysis of the searches performed shows that most of the searches produced contraband. This is above national law enforcement trends. In addition, of those searches that produced contraband, the majority of them involved White contacts. Summary of Findings The most recent Texas Racial Profiling Law requires that police department perform data audits in order to validate the data being reported. Consistent with this requirement, the Trophy Club Police Department has engaged del Carmen Consulting, LLC in order to perform these audits in a manner consistent with normative statistical practices. As shown in table 6, the audits performed have shown that the data is valid and reliable. Further, as required by law, this report also includes an analysis on the searches performed. This analysis includes information on whether contraband was found as a result of the search while controlling for race/ethnicity. The search analysis demonstrates that the police department is engaging in search practices consistent with national trends in law enforcement. While considering the findings made in this analysis, it is recommended that the Trophy Club Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the contacts police officers are making with all individuals. As part of this effort, the Trophy Club Police Department should continue to: 1) Perform an independent analysis on contact and search data in future years. 2) Commission data audits in 2021 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. The comprehensive analysis of the data included in this report demonstrates that the Trophy Club Police Department has complied with the Texas Racial Profiling Law and all of its requirements. Further, the report demonstrates that the police department has incorporated a comprehensive racial profiling policy, currently offers information to the public on how to file a compliment or complaint, commissions quarterly data audits in order to ensure validity and reliability, collects and commissions the analysis of tier 2 data, and ensures that the practice of racial profiling is not tolerated. Checklist The following requirements were met by the Trophy Club Police Department in accordance with The Texas Racial Profiling Law: Ej Implement a Racial Profiling Policy citing act or actions that constitute racial profiling. [J Include in the racial profiling policy, a statement indicating prohibition of any peace officer employed by the Trophy Club Police Department from engaging in racial profiling. ['j Implement a process by which an individual may file a complaint regarding racial profiling violations. D Provide public education related to the compliment and complaint process. Implement disciplinary guidelines for officers found in violation of the Texas Racial Profiling Law. Collect, report and analyze motor vehicle data (Tier 2). [J Commission Data Audits and a Search Analysis. [� Indicate total number of officers who knew and did not know, the race/ethnicity of individuals before being detained. ['j Produce an annual report on police contacts (Tier 2) and present this to the local governing body and TCOLE by March 1, 2021. Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio docurnentation. 34 0, A aY 35 TCOLE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an " agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties." 37 The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1, 2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2) states, "the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. 38 Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133 CCP (tier two). The minimum requirements for "tier one" data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American"); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search; and 3) whether there was a custody arrest. The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected, e.g., hazardous traffic, non -hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non -hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 7) location of stop; and 8) statement of the charge, e.g., felony, misdemeanor, or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops 39 including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2) TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped and searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. 40 Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained. 41 The Texas Law on Racial Profiling S.B. No. 1074 - An Act relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and B whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter -activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter -activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the 42 policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made the agency shall promptly provide a copy of the recording to the peace officer who is the subiect of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). ll "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and if so whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (S) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article. "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled 43 during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about aapeace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. O The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter -activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter -activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. 44 (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the countv or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A) the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement -initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. 45 SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: 0) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: (d) As a requirement for an intermediate proficiency certificate an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; Le (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; M the plea, the judgment, and whether bail was forfeited; the date of conviction; and [{8}] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001 President of the Senate Speaker of the House 47 I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non -record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non -record vote. Approved: Date Governor Chief Clerk of the House 48 Modifications to the Original Law (H.oB* 3389) Amend CSHB 3389 (Senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66); (B) SECTION 24, amending Article 2.132(b), Code of Criminal Procedure (page 8, lines 19-53); (C) SECTION 25, amending Article 2.134(b), Code of Criminal Procedure (page 8, lines 54-64); (D) SECTION 28, providing transition language for the amendments to Articles 2.132(b) and 2.134(b), Code of Criminal Procedure (page 9, lines 40-47). (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION . Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (a),(b), (d), and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle[tFaffie] stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. ll "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, [eF] Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle [tFaf€ie] stops in which a citation is issued and to _arrests made as a result of [Fesulting f.^"'J those [tFaffie] stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the individual [peFsen] detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [te the geyeffiiRg body of eaeh ceunty eF st, +municipality sewed by the age"] an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter -activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [4affie] stops and transmitter activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [4a#96] stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle [4affie] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.133, Code of Criminal Procedure, is amended to read as follows: Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PE^CTD1A"'] STOPS. (a) In this article, "race[: [ ] or ethnicity" has the meaning assigned by Article 2.132(a). being detained f9F the PUFpese of a r=Fiminal which the individual is net undef affest.] (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [Fe6u''+ing t"aff". E)F ""^ steps a pedeStFianfeF any suspeeted effense] shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any [each] person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop [traff;,. laW „ ^~,manee alleged to have h,,,,„ , elated er the (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description [fie] of the contraband or evidence [disc�eped]; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; B any probable cause or reasonable suspicion existed to perform the search, or 50 (C) the search was performed as a result of the towing of the motor vehicle or the arrest of anv person in the motor vehicle [existed and the f. ets SUPPeFting the existenee f that PFeb eause]; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop[ ineluding-a deSffiptien of the waFning OF a statement of the vielatien ]. SECTION . Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (a) through (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor vehicle[,, "pedestrian] stop" has the meaning assigned by Article 2.132(a) [+weans -an 0 nteFaetien between a peaee efficeF and an individual whe is being detained f9F the PUFp0se of a ffiminai *nyestigatien on which the individual is not undeF aFFes-t1j. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each [Iecai] law enforcement agency shall submit a report containing the incident -based data [94OF natiert] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agencv is a local law enforcement agency, to the governing body of each county or municipality served by the agency [' by the agepley]. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected employed or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops within the applicable jurisdiction of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [ eteFmine the pFevalence Of Faeial ^ 19filing by peaGe ^ffiee f empleyed by the ]; and (B) examine the disposition of motor vehicle [tFaff.e and pedeStFia .] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [the] stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [tFaffie OF pedeStFia ,] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. 51 (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, egardless of whether the administrator is elected employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [traf#6 and pedeStFan] stops is equipped with video camera and transmitter -activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [tFaffie and pedeS+'"^] stops is equipped with transmitter -activated equipment; and (B) each motor vehicle [tFaffie and pedeStriaR] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [4aff0^ and pedeStFian] stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [4aff;^ eF pedeStFi R] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). SECTION . Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows: Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident -based data as required by Article 2.134 the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident -based 52 data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Monev collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. SECTION . Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.022 to read as follows: Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as a moving violation by the Department of Public Safety under Section 708.052, Transportation Code. (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. f A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or municipal treasury complies with Subsection (e). (g) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) The comptroller shall deposit the funds received under this article to the credit of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission on Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, Occupations Code. 0) Funds collected under this article are subiect to audit by the comptroller. SECTION . (a) Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $20; (2) a fee for services of the clerk of the court (Art.102.005, Code of Criminal Procedure) ... $40; 53 (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) ... $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) ... 50 [�S]; [a-nd] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5, and (7) a civil justice fee (Art. 102.022 Code of Criminal Procedure) $0 10. (b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) ... $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) ... $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art.102.0171, Code of Criminal Procedure) ... 50 [$S]; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10. (b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) ... $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) ... one jury fee of $3; 54 (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) ... $4; (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5; (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure) ... not to exceed $30; [and] (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) ... not to exceed $7, and (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10. SECTION . Section 102.121, Government Code, is amended to read as follows: Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) ... $3; (3) a jury fee for two or more defendants tried jointly (Art.102.004, Code of Criminal Procedure) ... one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) ... not to exceed $4; [ate] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10. SECTION . Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section 1701.164 to read as follows: Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT -BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident -based data submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident - based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2.133 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident -based data as required by Article 2.134, Code of Criminal Procedure. SECTION Subsection (a), Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d), the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapterl 55 (2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or (3) a commission rule. SECTION . (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal Procedure, as amended by this Act, relating to the compilation, analysis, and submission of incident -based data apply only to information based on a motor vehicle stop occurring on or after January 1, 2010. (b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. M. Racial and Ethnic Designations (H.B. 3051) H.B. No. 3051 - An Act relating to the categories used to record the race or ethnicity of persons stopped for or convicted of traffic offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as follows: (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; [of a particular deseent, ineluding Gaweasian, AfFiean, H ,] Asian or Pacific Islander; C black; (D) white; and (E) Hispanic or Latino [, Native AmeFiean, eF Meddle EasteFn descent]. SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows: (a) In this section, "race or ethnicity" means the following categories: (1) Alaska native or American Indian; (2) [ef a paFtieulaF deseent, ' ,] Asian or Pacific Islander; 3 black; (4) white; and (5) Hispanic or Latino [, eF Native AFneFiean d nt]. SECTION 3. This Act takes effect September 1, 2017. President of the Senate Speaker of the House I certify that H.B. No. 3051 was passed by the House on May 4, 2017, by the following vote: Yeas 143, Nays 2, 2 present, not voting. Chief Clerk of the House certify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following vote: Yeas 31, Nays 0. Secretary of the Senate APPROVED: Date Governor 57 The Sandra Bland Act (SeBe 1849) S.B. No. 1849 An Act relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, to the confinement, conviction, or release of those individuals, and to grants supporting populations that are more likely to interact frequently with law enforcement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE 1. SHORT TITLE SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of Sandra Bland. ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL DISABILITY, OR A SUBSTANCE ABUSE ISSUE SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows: Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than 12 [72] hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff's custody has a mental illness or is a person with an intellectual disability [mental retardation], including observation of the defendant's behavior immediately before, during, and after the defendant's arrest and the results of any previous assessment of the defendant, the sheriff shall provide written or electronic notice of the information to the magistrate. On a determination that there is reasonable cause to believe that the defendant has a mental illness or is a person with an intellectual disability [mental retardation], the magistrate, except as provided by Subdivision (2), shall order the local mental health or intellectual and developmental disability [mental retardation] authority or another qualified mental health or intellectual disability [mental retardation] expert to: (A) collect information regarding whether the defendant has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with an intellectual disability [mental retardation] as defined by Section 591.003, Health and Safety Code, including information obtained from any previous assessment of the defendant; and (B) provide to the magistrate a written assessment of the information collected under Paragraph (A). (2) The magistrate is not required to order the collection of information under Subdivision (1) if the defendant in the year preceding the defendant's applicable date of arrest has been determined to have a mental illness or to be a person with an intellectual disability [mental retardation] by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health or intellectual disability [mental retardation] expert described by Subdivision (1). A court that elects to use the results of that previous determination may proceed under Subsection (c). (3) If the defendant fails or refuses to submit to the collection of information regarding the defendant as required under Subdivision (1), the magistrate may order the defendant to submit to an examination in a mental health facility determined to be appropriate by the local mental health or intellectual and developmental disability [mental retardation] authority for a reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination only on request of the local mental health or intellectual and developmental disability [mental retardation] authority and with the consent of the head of the facility. If a defendant who has been ordered to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination remains in the facility for a period exceeding 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located. That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time. (b) A written assessment of the information collected under Subsection (a)(1)(A) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection (a) in a felony case and not later than the 10th day after the date of any order issued under that subsection in a misdemeanor case, and the magistrate shall provide copies of the written assessment to the defense counsel, the prosecuting attorney, and the trial court. The written assessment must include a description of the procedures used in the collection of information under Subsection (a)(1)(A) and the applicable expert's observations and findings pertaining to: (1) whether the defendant is a person who has a mental illness or is a person with an intellectual disability [mental retardation]; (2) whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B, Chapter 4613; and (3) recommended treatment. (c) After the trial court receives the applicable expert's written assessment relating to the defendant under Subsection (b) or elects to use the results of a previous determination as described by Subsection (a)(2), the trial court may, as applicable: (1) resume criminal proceedings against the defendant, including any appropriate proceedings related to the defendant's release on personal bond under Article 17.032; (2) resume or initiate competency proceedings, if required, as provided by Chapter 46B 59 or other proceedings affecting the defendant's receipt of appropriate court -ordered mental health or intellectual disability [mental retardation] services, including proceedings related to the defendant's receipt of outpatient mental health services under Section 574.034, Health and Safety Code; or (3) consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested, as part of a presentence investigation report, or in connection with the impositions of conditions following placement on community supervision, including deferred adjudication community supervision. (d) This article does not prevent the applicable court from, before, during, or after the collection of information regarding the defendant as described by this article: (1) releasing a defendant who has a mental illness [mentally ill] or is a person with an intellectual disability [mentally retarded defendant] from custody on personal or surety bond; or (2) ordering an examination regarding the defendant's competency to stand trial. SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article 16.23 to read as follows: Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if: (1) there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person; (2) it is reasonable to divert the person; (3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and (4) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense. (b) Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code. SECTION 2.03. Section 539.002, Government Code, is amended to read as follows: Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLABORATIVES. (a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to entities, including local governmental entities, nonprofit community organizations, and faith -based community organizations, to establish or expand community collaboratives that bring the public and private sectors together to provide services to persons experiencing homelessness, substance abuse issues, or [and] mental illness. [The department may make a maximum of five grants, which must be made in the most populous municipalities in this state that are located in counties with a population of more than one million.] In awarding grants, the department shall give special consideration to entities: (1) establishing [a] new collaboratives; or M1 (2) establishing or expanding collaboratives thatserve two or more counties, each with a population of less than 100,000 [collaborative]. (b) The department shall require each entity awarded a grant under this section to: (1) leverage additional funding from private sources in an amount that is at least equal to the amount of the grant awarded under this section; [and] (2) provide evidence of significant coordination and collaboration between the entity, local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in establishing or expanding a community collaborative funded by a grant awarded under this section; and (3) provide evidence of a local law enforcement policy to divert appropriate persons from jails or other detention facilities to an entity affiliated with a community collaborative for the purpose of providing services to those persons. SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read as follows: Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVE& (a) The governing body of a county shall develop and make public a plan detailing: (1) how local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in the county could coordinate to establish or expand a community collaborative to accomplish the goals of Section 539.002; (2) how entities in the county may leverage funding from private sources to accomplish the goals of Section 539.002 through the formation or expansion of a community collaborative; and (3) how the formation or expansion of a community collaborative could establish or support resources or services to help local law enforcement agencies to divert persons who have been arrested to appropriate mental health care or substance abuse treatment. (b) The governing body of a county in which an entity that received a grant under Section 539.002 before September 1, 2017, is located is not required to develop a plan under Subsection (a). (c) Two or more counties, each with a population of less than 100,000, may form a joint plan under Subsection (a). ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read as follows: Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as follows: (b) A magistrate shall release a defendant on personal bond unless good cause is shown 61 otherwise if the: (1) defendant is not charged with and has not been previously convicted of a violent offense; (2) defendant is examined by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health expert under Article 16.22 [of this code]; (3) applicable expert, in a written assessment submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability [mental retardation] and is nonetheless competent to stand trial; and (B) recommends mental health treatment or intellectual disability treatment for the defendant, as applicable; and (4) magistrate determines, in consultation with the local mental health or intellectual and developmental disability [mental retardation] authority, that appropriate community -based mental health or intellectual disability [mental retardation] services for the defendant are available through the [Texas] Department of State [Mental] Health Services [and Mental Retardation] under Section 534.053, Health and Safety Code, or through another mental health or intellectual disability [mental retardation] services provider. (c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or intellectual disability [mental retardation] treatment as recommended by the local mental health or intellectual and developmental disability [mental retardation] authority if the defendant's: (1) mental illness or intellectual disability [mental retardation] is chronic in nature; or (2) ability to function independently will continue to deteriorate if the defendant is not treated. SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows: Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the time the indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall [on request] deliver a copy of the indictment [same] to the accused or the accused's [his] counsel[,] at the earliest possible time. SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows: Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused or the accused's counsel at the earliest possible time before trial [it shall not be necessary before trial to furnish the accused with a copy of the indictment or information; but he or his counsel may demand a copy, which shall be given as early as possible SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows: 62 (a) The commission shall: (1) adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails; (2) adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners; (3) adopt reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services to meet the needs of prisoners; (4) adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails; (5) revise, amend, or change rules and procedures if necessary; (6) provide to local government officials consultation on and technical assistance for county jails; (7) review and comment on plans for the construction and major modification or renovation of county jails; (8) require that the sheriff and commissioners of each county submit to the commission, on a form prescribed by the commission, an annual report on the conditions in each county jail within their jurisdiction, including all information necessary to determine compliance with state law, commission orders, and the rules adopted under this chapter; (9) review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission orders, and rules and procedures adopted under this chapter; (10) adopt a classification system to assist sheriffs and judges in determining which defendants are low -risk and consequently suitable participants in a county jail work release program under Article 42.034, Code of Criminal Procedure; (11) adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails; (12) require that the chief jailer of each municipal lockup submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the lockup, including all information necessary to determine compliance with state law concerning secure confinement of children in municipal lockups; (13) at least annually determine whether each county jail is in compliance with the rules and procedures adopted under this chapter; (14) require that the sheriff and commissioners court of each county submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the county jail, including all information necessary to determine compliance with state law concerning secure confinement of children in county jails; (15) schedule announced and unannounced inspections of jails under the commission's jurisdiction using the risk assessment plan established under Section 511.0085 to guide the inspections process; (16) adopt a policy for gathering and distributing to jails under the commission's jurisdiction information regarding: (A) common issues concerning jail administration; (B) examples of successful strategies for maintaining compliance with state law and the rules, 31 standards, and procedures of the commission; and (C) solutions to operational challenges for jails; (17) report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; (18) adopt reasonable rules and procedures establishing minimum requirements for jails to: (A) determine if a prisoner is pregnant; and (B) ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant; (19) provide guidelines to sheriffs regarding contracts between a sheriff and another entity for the provision of food services to or the operation of a commissary in a jail under the commission's jurisdiction, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety; [and] (20) adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a county jail with a minimum of two in -person, noncontact visitation periods per week of at least 20 minutes duration each; (21) [(20)] require the sheriff of each county to: (A) investigate and verify the veteran status of each prisoner by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veterans Affairs or a similar service; and (B) use the data described by Paragraph (A) to assist prisoners who are veterans in applying for federal benefits or compensation for which the prisoners may be eligible under a program administered by the United States Department of Veterans Affairs; (22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a county jail by a guardian, as defined by Section 1002.012, Estates Code, that: (A) allow visitation by a guardian to the same extent as the prisoner's next of kin, including placing the guardian on the prisoner's approved visitors list on the guardian's request and providing the guardian access to the prisoner during a facility's standard visitation hours if the prisoner is otherwise eligible to receive visitors; and (B) require the guardian to provide the sheriff with letters of guardianship issued as provided by Section 1106.001, Estates Code, before being allowed to visit the prisoner; and (23) adopt reasonable rules and procedures to ensure the safety of prisoners, including rules and procedures that require a county jail to: (A) give prisoners the ability to access a mental health professional at the jail through a telemental health service 24 hours a day; (B) give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional; and (C) if funding is available under Section 511.019, install automated electronic sensors or cameras to ensure accurate and timely in -person checks of cells or groups of cells confining at -risk individuals. SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read as follows: (d) The commission shall adopt reasonable rules and procedures establishing minimum standards regarding the continuity of prescription medications for the care and treatment of prisoners. The rules and procedures shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody. SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019, 511.020, and 511.021 to read as follows: Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the general revenue fund. (b) The prisoner safety fund consists of: (1) appropriations of money to the fund by the legislature; and (2) gifts, grants, including grants from the federal government, and other donations received for the fund. (c) Money in the fund may be appropriated only to the commission to pay for capital improvements that are required under Section 511.009(a)(23). (d) The commission by rule may establish a grant program to provide grants to counties to fund capital improvements described by Subsection (c). The commission may only provide a grant to a county for capital improvements to a county jail with a capacity of not more than 96 prisoners. Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the sheriff of each county shall report to the commission regarding the occurrence during the preceding month of any of the following incidents involving a prisoner in the county jail: (1) a suicide; (2) an attempted suicide; (3) a death; (4) a serious bodily injury, as that term is defined by Section 1.07, Penal Code; (5) an assault; (6) an escape; (7) a sexual assault; and (8) any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal Code. (b) The commission shall prescribe a form for the report required by Subsection (a). (c) The information required to be reported under Subsection (a)(8) may not include the name or other identifying information of a county jailer or jail employee. (d) The information reported under Subsection (a) is public information subject to an open records request under Chapter 552. Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTYJAIL. (a) On the death of a prisoner in a county jail, the commission shall appoint a law enforcement agency, other M than the local law enforcement agency that operates the county jail, to investigate the death as soon as possible. (b) The commission shall adopt any rules necessary relating to the appointment of a law enforcement agency under Subsection (a), including rules relating to cooperation between law enforcement agencies and to procedures for handling evidence. SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal Procedure, apply only to a personal bond that is executed on or after the effective date of this Act. A personal bond executed before the effective date of executed, and the former law is continued in effect for that purpose. SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall: (1) adopt the rules and procedures required by Section 511.009(d), Government Code, as added by this article, and the rules required by Section 511.021(b), Government Code, as added by this article; and (2) prescribe the form required by Section 511.020(b), Government Code, as added by this article. SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this article. On and after September 1, 2020, a county jail shall comply with any rule or procedure adopted by the Commission on Jail Standards under that subdivision. SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to non -substantive additions to and corrections in enacted codes. ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to read as follows: Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a) The Texas Commission on Law Enforcement shall develop and the commission shall approve an examination for a person assigned to the jail administrator position overseeing a county jail. (b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to the jail administrator position overseeing a county jail to pass the examination not later than the 180th day after the date the person is assigned to that position. The rules must provide that a person who fails the examination may be immediately removed from the position and may not be reinstated until the person passes the examination. (c) The sheriff of a county shall perform the duties of the jail administrator position at any time there is not a person available who satisfies the examination requirements of this section. (d) A person other than a sheriff may not serve in the jail administrator position of a county jail unless the person satisfies the examination requirement of this section. SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j) and adding Subsection (n) to read as follows: commission shall require an officer to complete a 40- hour statewide education and training program on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. An officer may not satisfy the requirements of this subsection [section] or Section 1701.402(g) by taking an online course on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. (n) As part of the minimum curriculum requirements, the commission shall require an officer to complete a statewide education and training program on de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury. SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (e), a person may not be appointed as a county jailer, except on a temporary basis, unless the person has satisfactorily completed a preparatory training program, as required by the commission, in the operation of a county jail at a school operated or licensed by the commission. The training program must consist of at least eight hours of mental health training approved by the commission and the Commission on Jail Standards. SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows: (b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission and consists of: (1) topics selected by the agency; and (2) for an officer holding only a basic proficiency certificate, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding: (A) civil rights, racial sensitivity, and cultural diversity; (B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; [and] (C) de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury; and (D) unless determined by the agency head to be inconsistent with the officer's assigned duties: (i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and (ii) issues concerning sex offender characteristics. SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n) to read 67 as follows: (n) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program regarding de-escalation techniques to facilitate interaction with members of the public established by the commission under Section 1701.253(n). SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement shall develop and the Commission on Jail Standards shall approve the examination required by Section 511.00905, Government Code, as added by this article. SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement shall establish or modify training programs as necessary to comply with Section 1701.253, Occupations Code, as amended by this article. (b) The minimum curriculum requirements under Section 1701.253(j), Occupations Code, as amended by this article, apply only to a peace officer who first begins to satisfy those requirements on or after April 1, 2018. SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect January 1, 2018. (b) A person in the position of county jailer on September 1, 2017, must comply with Section 1701.310(a), Occupations Code, as amended by this article, not later than August 31, 2021. ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF CITATIONS SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (b) and (d) and adding Subsection (h) to read as follows: (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; [and] (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter -activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter -activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search M. and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; [and] (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows: (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; [and] (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows: Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, 70 available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)]. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using [installed] video and audio equipment and body worn cameras for those purposes [as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1)]. SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows: (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident -based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The attorney general may sue to collect a civil penalty under this subsection. SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed. SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this article, apply only to a report covering a calendar year beginning on or after January 1, 2018. SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement shall: (1) evaluate and change the guidelines for compiling and reporting information required under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable the guidelines to better withstand academic scrutiny; and (2) make accessible online: (A) a downloadable format of any information submitted under Article 2.134(b), Code of Criminal 71 Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and (B) a glossary of terms relating to the information to make the information readily understandable to the public. This Act takes effect September 1, 2017. President of the Senate Speaker of the House I hereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote: Yeas 31, Nays 0. Secretary of the Senate I hereby certify that S.B. No. 1849 passed the House on May 20, 2017, by the following vote: Yeas 137, Nays 0, one present not voting. ARTICLE 6. EFFECTIVE DATE SECTION 6.01. Except as otherwise provided by this Act, Approved: Date Governor Chief Clerk of the House 72 TROPHY CLUB POLICE DEPARTMENT RACIAL PROFILING POLICY 73 Trophy Club Police Department Policy Manual RACIAL PROFILING 1 BIAS BASED PROFILING 333.1 PURPOSE The purpose of this policy is to affirm that the Trophy Club Police Department is committed to unbiased policing in all its encounters between officers and any person. The Department recognizes that our society holds the freedoms of the individual as a fundamental concept. Therefore members of this Department will not infringe upon this freedom without just, legal and necessary cause.This policy strictly forbids profiling of any individual or group based solely on race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, faith -based organizations or any other identifiable group. 333.2 POLICY It is the policy of this department to police in a proactive manner and to aggressively investigate suspected violations of the law. Officers shall actively enforce local, state and federal laws in a responsible and professional manner, without regard to race, ethnicity, national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. Racial profiling is an unacceptable police tactic and will not be condoned. • This policy strictly prohibits profiling of any individual based on race, ethnic background gender, sexual orientation religion, economic status, age, cultural group, or any other identifiable group. This Policy is adopted in compliance with the requirements of Articles 2.131 through 2.138, Texas Code of Criminal Procedure, which prohibits Texas peace officers from engaging in racial profiling. 333.3 DEFINITIONS Racial Profiling: A law enforcement -initiated action based on an individual's race, ethnicity, national origin, rather than on behavior or information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspect of criminal behavior. The term is not relevant as it pertains to witnesses, complainants, persons needing assistance, or other citizen contacts. Bias Based Profiling: The selection of an individual based solely on a trait common to that group for enforcement action. This includes, but is not limited to: race, ethnic background, gender, sexual orientation, religion, economic status, cultural group, or any other identifiable group. Race or Ethnicity: Persons of a particular descent, including Caucasian, Black, Hispanic, Asian, Middle Eastern or Native American descent. Acts Constituting Racial (Bias Based) Profiling: Acts initiating law enforcement action, such as a traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon an individual's race, ethnicity, or national origin or on the basis of racial or ethnic stereotypes, rather than upon the individuals' behavior, information identifying the individual as having possibly engaged in criminal activity, or other lawful reasons for the law enforcement action. Copyright Lexipol, LLC 2021101/22. All Rights Reserved. RACIAL PROFILING / BIAS BASED Published with permission by Trophy Club Police Department PROFILING -1 Trophy Club Police Department Policy Manual RACIAL PROFILING / 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 not engage in profiling based solely on race, ethnic background, gender, sexual orientation, religion, economic status, age, culture, or any other identifiable group. 333.5 COMPLAINT PROCESS No person shall be discouraged, intimidated or coerced from filing a complaint, or be discriminated against because they have filed a complaint. Any person who believes that a peace officer employed by the Trophy Club Police Department has engaged in racial profiling with respect to that person, may file a complaint in accordance with the provisions ofTrophy Club Police Department Policy 901 Complaints. An employee who is contacted regarding a complaint against an officer shall follow the procedures set forth in Trophy Club Police Department Policy 901 Complaints. Citizens who appear in person wishing to file a complaint shall be provided with a department brochure, "How to File a Complaint." Brochures are maintained in the Trophy Club Police Department lobby, and at the Trophy Club Town Hall. Citizens may also be directed to the Departmental website to file a complaint. Any supervisor who becomes aware of an alleged or suspected violation of this Policy shall report the alleged violation in accordance with Trophy Club Police Department Policy 901 Complaints. Complaints of racial profiling shall be classified as a Level I complaint, and shall be investigated by the Professional Standards Unit,or a designated Internal Affairs Investigator unless otherwise directed by the Chief of Police. A log of all Racial Profiling Complaints will be maintained by the Chief of Police. 333.6 DISCIPLINARY AND CORRECTIVE ACTIONS Any officer of this Department who is found, after investigation, to have engaged in racial profiling in violation of this Policy may be subject to disciplinary action, up to an including termination. Disciplinary or corrective actions may include diversity, sensitivity or other appropriate training or counseling, as determined by the Chief of Police. Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. RACIAL PROFILING / BIAS BASED Published with permission by Trophy Club Police Department PROFILING - 2 Trophy Club Police Department Policy Manual RACIAL PROFILING /BIAS BASED PROFILING 333.7 PUBLIC EDUCATION This Department shall provide education to the public concerning the racial profiling complaint process. The primary method of public education shall be through a brochure, "How to File a Complaint" which are maintained in the lobby of the Trophy Club Police Department, and at the Trophy Club Town Hall. These brochures are available in both English and Spanish versions. Other education methods may be utilized to inform the public, including news media, civic presentations, the Internet, and/or public meetings. The Trophy Club Police Department shall provide public education relating to the Department's complaint process which shall be printed on each ticket, citation or warning issued by Trophy Club Officers. In the event that it is not possible for the computer generated citations to print the complaint process information, Officers shall provide information on how to file a complaint when encountering the public by means of an information card "How to file a complaint" which will be presented to all individuals who are stopped or arrested by Trophy Club Police Officers, 333.8 COLLECTION OF INFORMATION AND ANNUAL REPORT WHEN CITATION ISSUED OR ARREST MADE For each motor vehicle contact in which a citation is issued and/or for each arrest resulting from a motor vehicle contact, an officer involved in the stop shall collect the following information: If the person contacted is a resident of the Town of Trophy Club, it shall be reflected in the data that is entered. (b) The gender of the person being reported. (c) Information identifying the race or ethnicity of the person detained. The following codes will be used to identify the individual's race: f . A = Asian Z. B = Black 3. C = Caucasian 4. H = Hispanic 5. M = Middle Eastern 6. NA = Native American/American Indian 7. O = Other Note: Officers may not ask the individual to identify their race. If the officer is unable to determine the race or ethnicity of the person contacted, then the race shall be entered as "Other" on the citation(s) issued (d) Whether the officer knew the race or ethnicity of the individual detained before detaining that individual. Copyright Lexipd. LLC 2021101122. All Rights Reserved. RACIAL PROFILING / BIAS BASED Published with permission by Trophy Club Police Department PROFILING - 3 Trophy Club Police Department - Policy Manual RACIAL PROFILING / BIAS BASED PROFILING (e) What violation/charge was used to make first contact or was it related to a Call -For Service. (f) What was the action taken (citation or arrest)? (g) What was the contacted person's charge? (h) Was a search was conducted? (i) If a search was conducted, did the individual detained consent to the search? 0) Whether a search was conducted because probable cause existed. (k) Whether contraband was found; and, if so, what was the contraband? (1) The information collected shall be entered into a database by entering Racial Profiling data utilizing the in -car Mobile Data Computer (MDC) or the computers available in the Department. All contacts requiring Racial Profiling data collection must be entered 1. In the event the data is unable to be collected electronically, the data will be recorded on temporary forms and entered in the database at a later date. 2. ThePatrol Captain shall ensure all Racial Profiling Data is collected and reported to the Chief of Police. The data collected shall be compiled in an annual report covering the period .January 1 through December 31 of each year, and shall be submitted to the governing body of the Town of Trophy Club no later than March of the following year. The report will include: (a) A breakdown of citations by race or ethnicity; (b) Number of citations that resulted in a search; (c) Number of searches that were consensual; (d) Number of citations that resulted in custodial arrest; and (e) Public education efforts concerning the racial profiling complaint process. 3. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifying information about any peace officer involved in a stop or arrest. A. Racial Profiling Data will also be reported to the Texas Commission on Law Enforcement Officer Standards and Education (TCOLE) by March 1 of each year, following the Commission's prescribed format. 333.9 AUDIO AND VIDEO EQUIPMENT A. Each motor vehicle regularly used by this department to make motor vehicle contacts shall be equipped with a mobile video camera system capable of recording video and audio, and each motorcycle regularly used by this department to make motor vehicle contacts shall be equipped with audio recording equipment. Copyright Lexipol, uC 202110 /22, All Rights Reserved. RACIAL PROFILING / BIAS BASED Published with permission by Trophy Club Police Department PROFILING - 4 Trophy Club Police Department Policy Manual RACIAL PROFILING / 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 inoperable mobile video camera equipment shall not be utilized under normal circumstances. D. Supervisors shall have the authority to assign units with malfunctioning or inoperable mobile video equipment when situations dictate. Officers assigned to such units shall collect and document the information listed below for each motor vehicle contact. All documentation must be submitted to the officer's supervisor prior to ending that tour of duty. Documentation shall include but is not limited to field interview forms, traffic citations and warning tickets. 1. A physical description of any person operating the motorvehicle, who is detained as a result of the stop, including: (a) The person's gender. (b) The person's race or ethnicity, as stated by the person, or if the person does not state, the person's race or ethnicity, as determined by the officer to the best of his or her ability. Officers will not ask the individual to identify their race or ethnicity. (c) Whether the officer knew the race or ethnicity of the individual detained before detaining that individual. (d) The initial reason for the stop. (e) Whether officer conducted a search as a result of the stop, and, if so, whether or not the person detained consented to the search. (f) Whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence. (g) The reason for the search, including whether: 1. Any contraband or other evidence was in plain view. 2. Any probably cause or reasonable suspicion existed to perform the search; or 3. The search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle. 4. Whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of Penal Code, a violation of traffic law or ordinance or an outstanding warrant and a statement of the offense charged. (h) The street address or approximate location of the stop. (i) Whether the officer issued a citation or a written warning as a result of the stop. Copyright Lexipol. LLC 2021101/22, All Rights Reserved. RACIAL PROFILING / BIAS BASED Published with permission by Trophy Club Police Department PROFILING - 5 Trophy Club Police Department Policy Manual RACIAL PROFILING /BIAS BASED PROFILING (j) Whether the person contacted is a resident or non-resident of the Town of Trophy Club. This shall be reflected on each citation issued, using an (R) for residents or an (NR) for non-resident. 333.10 REVIEW OF VIDEO AND AUDIO DOCUMENTATION A. Each audio and video recording shall be retained for a minimum period of ninety (90) days, unless a complaint is Fled alleging that an officer has engaged in a racial profiling with respect to a motor vehicle contact. The Captain of the Patrol Division shall ensure that all audio and recordings are properly stored and retained in accordance with applicable laws and this Policy. B. (If a complaint is received alleging that an officer has engaged in racial profiling, the audio/video recording shall be forwarded to the Chief of Police. The Chief of Police shall retain the video until final disposition of the complaint has been made. C. The Patrol Captain or designee shall review a randomly selected sampling of video and audio recordings, made recently by officers employed by the Department, in order to determine if patterns of racial profiling exist.This Policy requires the supervisory review of at least three (3) random videos each quarter (3 months) per officer. These reviews shall be documented on the appropriate form. D. Written documentation shall include: The names of the officers whose contacts were reviewed. 2. The date(s) of the videos reviewed. 3. The date the actual review was conducted. 4. The name of the person conducting the review. E. The Patrol Captain shall forward the required documentation to the Chief of Police or his designee. F. The Field Operations Division shall maintain a file of all video review documentation performed, in compliance with this Policy. G. In reviewing audio and video recordings, the Patrol Captain or designee shall seek to determine if the officer(s) reviewed have engaged in a pattern of racial profiling that includes multiple acts constituting racial profiling for which there is no reasonable, credible explanation based on established police and law enforcement procedures. 333.11 TRAINING Each peace officer employed by the department shall complete the comprehensive education and training program on racial profiling established by the Texas Commission on Law Enforcement Officer (TCOLE) not later than the second anniversary of the date the officer was licensed, or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCOLE intermediate proficiency certificate, or who had held a peace officer license issued by TCOLE for at least two years, shall complete a TCOLE training and education program on racial profiling not later than September 1 of the current year. Copyright LeApd, LLC 2021101122, All Rights Reserved. RACIAL PROFILING / BIAS BASED Published with permission by Trophy Club Police Department PROFILING - 5 Trophy Club Police Department Policy Manual RACIAL PROFILING /BIAS BASED PROFILING The Chief of Police shall, in completing the training required by Section 96.641, Texas 777 Education Code, complete the program on racial profiling established by the Bill Blackwood Law Enforcement management Institute of Texas (LEMIT). Copyright Lexipol, LLC 2021101/22, All Rights Reserved. RACIAL PROFILING / BIAS BASED Published with permission by Trophy Club Polioe Department PROFILING - 7 Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting, LLC 817.681.7840 www.texasracialprofiling.com www.delcarmenconsulting.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. Copyright: This report may not be altered or reproduced outside the agreed terms, in any manner whatsoever without the written permission of the author.