2018_02.15 CC Packet
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING | February 15, 2018
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION at 5:00 PM | REGULAR SESSION at 7:00 PM
I . CALL TO ORDER
NOTE: Pursuant to §551.071, Texas Government Code, City Council reserves t he right to adjourn into
Executive Session at any time during the Work Session or the Regular Session to discuss posted Executive
Session items or to seek legal advice from the City Attorney on any item posted on the agenda.
II. WORK SESSION
A. Hold interviews of candidates for appointment to City Boards and Commissions
B. Discussion of items on Regular Session
C. Hold a discussion and provi de staff direction regarding the development of a policy for the
calling of Special Meetings of the City Council and for the identification of items to be included
on the Council's Agenda for future consideration
D. Discussion of budget amendments
E. Discussion of water/sewer rate review/reduction
F. Discussion of Charter amendments
G. Discussion of Purchasing Matrix Amendment
III. REGULAR SESSION
IV. ROLL CALL
V. INVOCA TION
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
“Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible ."
VII. VISITOR/CITIZENS FORUM
At this time, any person with business before the City Council not scheduled on the agenda may address the
Council, provided that an official ‘Speaker’s Request Form’ has been completed and submitted to the City Secretary
prior to the start of the meeting. All comments must be directed towards the Mayor and Council, rather than
individual Councilmembers or staff. All speakers must limit their comments to the subject matter as listed on the
‘Speaker’s Request Form.’ No formal action or discussion can be taken on these items.
VIII. REPORTS/ANNOUNCEMENTS
In addition to specific matters listed below, City Council may receive reports about items of community interest,
including but not limited to recognition of individual officials, citizens, or departments, information regarding holiday
schedules, and upcoming or attended events.
A. Updates from the City Council
B. Updates from the City Manager
C. Updates from the Mayor
IX. MONITORING INFORMATION
A. Monthly Financials – January 2 018
B. Schedule of Investment Activity for quarter ending December 31, 2017
X. INCIDENTAL ITEMS
XI. REQUIRED APPROVAL ITEMS (CONSENT)
All matters listed under Required Approval Items (Consent) have been previously discussed, require little or no
deliberation, or are considered to be routine by the City Council. If discussion is desired, an item can be removed
from the Consent Agenda and considered separately.
A. Consider approval of minutes from January 12, 2018 regular meeting
B. Consider adopting Resolution 518 for a grant application to the Justice Assistance Grant
(JAG) Program for rifle -resistant body armor
C. 2017 Racial Pr ofiling Report from the Police Department
XII. DECISION ITEMS
A. Presentation by City Secretary of Certifications of Citizens Petitions for recall under Article XI of
the City Charter
B. Consider approval of Res olution 516, calling a Special Election for May 5, 2018, pursuant to
Article XI of the City Charter
C. Consider approval of Resolution 517, calling the General Election for May 5, 2018
D. Discuss and consider scheduling a Special Session of the City Council
E. Consider making appointments to various Advisory Boards and Commissions including: the
Economic Development Corporation Board, Park s and Recreation Board, Board of
Adjustment/Building Board of Appeals, and Planning and Zoning Commission
F. Con sider appointment of Chair and Vice Chair of the Planning and Zoning Commission
G. Consider appointment of Chair and Vice Chair of the Board of Adjustment/Building Board of
Appeals
XIII. EXECUTIVE SESSION
The City Council may meet in Closed Sess ion at any time during the Work Session or the Regular Session,
pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any
matter in which the duty of the City Attorney under the Texas Disciplinary Ru les of Professional Conduct may
conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues
regarding the Open Meetings Act.
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will pro vide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking
spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours
prior to the meetings. Please contact the City Sec retary at 817.985.2104 or (TDD) 1.800.735.2989 .
CERTIFICATION
I certify that a copy of the February 15, 2018 agenda was posted on the bulletin board next to the main entrance of
City Hall, 405 Municipal Drive, o f the City of Kennedale, Texas, in a place convenient and readily accessible to the
general public at all times, and that said agenda was posted at least 72 hours preceding the scheduled time of said
meeting, in accordance with Chapter 551 of the Texas Gov ernment Code.
___________________
LESLIE GALLOWAY, CITY SECRETARY
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: WORK SESSION - A.
I. Subject:
Hold interviews of candidates for appointment to City Boards and Commissions
II. Originated by:
III. Summary:
Recommendations submitted by Mayor Pro Tem Jan Joplin, via email:
• BOA/BBA: Move Josh Altom from Place 8 (Alternate) to Place 2; Leave Place 8 (Alternate) vacant at
this time
• P&Z: Jadey James, Place 6
• EDC: Stan Seat, Place 1; Ralph Grimes, Place 3; and Marsha Knox, Place 5
• PARKS: Josh Hayes, Place 6
For Council's reference, applications for the above are attached. Each of the newly recommended
members was interviewed in Fall of 2017, except Jadey James and Marsha Knox, who Council may
interview during this Work Session. As of the time of publication of this packet, no application had been
received from Marsha Knox. Josh Altom was first appointed to BOA/BBA in 2016, and his application
from that process is also attached.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.Altom, Josh 2016 Board Appointments_Altom, Josh _NEW.pdf
2.James, Jadey James, Jadey.pdf
3.Seat, Stan Seat, Stan.pdf
4.Grimes, Ralph Grimes, Ralph.pdf
5.Hayes, Josh Hayes, Josh.pdf
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: WORK SESSION - B.
I. Subject:
Discussion of items on Regular Session
II. Originated by:
Leslie Galloway, City Secretary & Communications Coordinator
III. Summary:
At this time, Council may choose to discuss any item on the agenda.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: WORK SESSION - C.
I. Subject:
Hold a discussion and provide staff direction regarding the development of a policy for the calling of
Special Meetings of the City Council and for the identification of items to be included on the Council's
Agenda for future consideration
II. Originated by:
III. Summary:
This item was added to the Work Session at Council's request.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: WORK SESSION - D.
I. Subject:
Discussion of budget amendments
II. Originated by:
III. Summary:
This item is placed on the agenda for discussion at the request of Mayor Pro Tem Jan Joplin.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: WORK SESSION - E.
I. Subject:
Discussion of water/sewer rate review/reduction
II. Originated by:
III. Summary:
This item is placed on the agenda for discussion at the request of Mayor Pro Tem Jan Joplin.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: WORK SESSION - F.
I. Subject:
Discussion of Charter amendments
II. Originated by:
III. Summary:
This item is placed on the agenda for discussion at the request of Mayor Pro Tem Jan Joplin.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: WORK SESSION - G.
I. Subject:
Discussion of Purchasing Matrix Amendment
II. Originated by:
III. Summary:
This item is placed on the agenda for discussion at the request of Mayor Pro Tem Jan Joplin.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: REPORTS/ANNOUNCEMENTS - A.
I. Subject:
Updates from the City Council
II. Originated by:
III. Summary:
Updates and information from City Council Members, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: REPORTS/ANNOUNCEMENTS - B.
I. Subject:
Updates from the City Manager
II. Originated by:
III. Summary:
Updates and information from City Manager George Campbell, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the Mayor
II. Originated by:
III. Summary:
Updates and information from Mayor Brian Johnson, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: MONITORING INFORMATION - A.
I. Subject:
Monthly Financials – January 2018
II. Originated by:
Brady Olsen, Finance Director
III. Summary:
Overview of the City's revenues and expenditures for all funds compared to budget and previous year.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.2018_01 Monthly Financials 2018_01 Monthly Financials.pdf
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
JANUARY 2018
"YOU'RE HERE. YOUR HOME."
FY16-17 FY16-17 FY17-18 CURRENT FY17-18 % OF PY ACTUAL % OF CY BUDGET BUDGET
REVENUES YTD ACTUAL ADOPTED MONTH YTD EARNED EARNED REMAINING
GENERAL FUND 3,413,269 $ 5,998,856 $ 6,386,639 $ 1,064,702 $ 3,870,387 $ 56.9%60.6%2,331,068 $
OTHER GENERAL FUNDS 226,427 $ 1,001,006 $ 973,127 $ 27,545 $ 169,960 $ 22.6%17.5%1,475,205 $
GENERAL FUND 3,639,696 $ 6,999,862 $ 7,359,766 $ 1,092,247 $ 4,040,347 $ 52.0%54.9%3,806,273 $
GENERAL DEBT SERVICE FUND 964,994 $ 1,282,439 $ 1,665,934 $ 288,303 $ 1,168,203 $ 75.2%70.1%202,108 $
WATER/SEWER FUND 1,051,287 $ 4,575,237 $ 4,479,449 $ 331,435 $ 1,410,641 $ 23.0%31.5%3,581,194 $
STORMWATER UTILITY FUND 65,023 $ 349,044 $ 256,664 $ 21,802 $ 87,014 $ 18.6%33.9%404,812 $
WATER IMPACT FUND 10,866 $ 152,434 $ 120,450 $ 9,954 $ 32,932 $ 7.1%27.3%35,726 $
SEWER IMPACT FUND 132 $ 41,762 $ 28,625 $ 2,950 $ 15,290 $ 0.3%53.4%13,025 $
WATER/SEWER FUND 1,127,308 $ 5,118,477 $ 4,885,188 $ 366,141 $ 1,545,877 $ 22.0%31.6%4,034,757 $
EDC4B FUND 133,500 $ 483,952 $ 575,878 $ 42,864 $ 440,399 $ 27.6%76.5%492,828 $
CAPITAL FUND 15,903 $ 180,171 $ 162,535 $ 5,970 $ 36,475 $ 8.8%22.4%87,545 $
SPECIAL REVENUE FUND 91,089 $ 95,393 $ 25,067 $ -$ -$ 95.5%0.0%151,223 $
TOTAL REVENUES 5,972,489 $ 14,160,294 $ 14,674,368 $ 1,795,525 $ 7,231,301 $ 42.2%49.3%8,774,734 $
FY16-17 FY16-17 FY17-18 CURRENT FY17-18 % OF PY BUDGET % OF CY BUDGET BUDGET
EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
GENERAL FUND 1,856,461 $ 5,918,989 $ 6,453,680 $ 532,309 $ 2,001,654 $ 31.4%31.0%4,487,653 $
OTHER GENERAL FUND 639,731 $ 1,070,763 $ 920,034 $ 105,052 $ 273,051 $ 59.7%29.7%(273,051)$
GENERAL FUND 2,496,192 $ 6,989,752 $ 7,373,714 $ 637,361 $ 2,274,705 $ 35.7%30.8%4,214,602 $
GENERAL DEBT SERVICE FUND 291,797 $ 1,423,034 $ 1,663,884 $ 362,336 $ 396,130 $ 20.5%23.8%969,497 $
WATER/SEWER FUND 918,873 $ 3,708,608 $ 4,258,316 $ 480,825 $ 1,261,720 $ 24.8%29.6%3,568,055 $
STORMWATER UTILITY FUND 76,426 $ 272,138 $ 271,303 $ 3,663 $ 69,266 $ 28.1%25.5%501,891 $
WATER IMPACT FUND -$ -$ 153,573 $ -$ -$ 0.0%154,415 $
SEWER IMPACT FUND -$ -$ 60,000 $ -$ -$ 0.0%60,000 $
WATER/SEWER FUND 995,299 $ 3,980,746 $ 4,743,192 $ 484,488 $ 1,330,986 $ 25.0%28.1%4,284,361 $
EDC4B FUND 159,565 $ 602,722 $ 592,963 $ 74,675 $ 216,595 $ 26.5%36.5%587,285 $
CAPITAL FUND 83,630 $ 92,209 $ 175,170 $ 2,130 $ 7,203 $ 90.7%4.1%209,036 $
SPECIAL REVENUE FUND 48,627 $ 104,097 $ 22,984 $ -$ -$ 46.7%0.0%151,223 $
TOTAL EXPENDITURES 4,075,109 $ 13,192,560 $ 14,571,907 $ 1,560,990 $ 4,225,619 $ 30.9%29.0%10,416,004 $
REVENUE SUMMARY BY FUND
EXPENDITURE SUMMARY BY FUND
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
JANUARY 2018
"YOU'RE HERE. YOUR HOME."
FY16-17 FY16-17 FY17-18 CURRENT FY17-18 % OF PY ACTUAL % OF CY BUDGET BUDGET
GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
CITY MANAGER 83,319 $ 356,066 $ 352,423 $ 265,513 $ 99,570 $ 23.4%28.3%252,854 $
MAYOR/CITY COUNCIL 34,002 $ 129,553 $ 115,113 $ 10,974 $ 42,137 $ 26.2%36.6%72,976 $
CITY SECRETARY 36,738 $ 152,017 $ 144,246 $ 23,615 $ 51,563 $ 24.2%35.7%92,683 $
MUNICIPAL COURT 33,859 $ 109,871 $ 128,197 $ 10,491 $ 31,551 $ 30.8%24.6%96,646 $
HUMAN RESOURCES 41,764 $ 123,083 $ 128,583 $ 893 $ 40,144 $ 33.9%31.2%88,439 $
FINANCE 69,792 $ 293,954 $ 301,564 $ 24,155 $ 76,627 $ 23.7%25.4%224,937 $
POLICE 716,309 $ 2,149,697 $ 2,405,689 $ 234,724 $ 768,993 $ 33.3%32.0%1,636,696 $
FIRE 488,732 $ 1,679,349 $ 1,835,873 $ 131,441 $ 535,492 $ 29.1%29.2%1,300,381 $
COMMUNITY DEVELOPMENT 83,434 $ 305,758 $ 341,663 $ 25,618 $ 70,058 $ 27.3%20.5%271,605 $
SENIOR CITIZEN CENTER 14,772 $ 49,345 $ 51,439 $ 2,908 $ 14,695 $ 29.9%28.6%36,744 $
LIBRARY 78,457 $ 263,741 $ 258,031 $ 19,951 $ 82,311 $ 29.7%31.9%175,720 $
NONDEPARTMENTAL 175,284 $ 306,556 $ 390,859 $ 12,988 $ 188,512 $ 57.2%48.2%202,347 $
TOTAL EXPENDITURES 1,856,461 $ 5,918,989 $ 6,453,680 $ 763,271 $ 2,001,652 $ 31.4%31.0%4,452,028 $
FY16-17 FY16-17 FY17-18 CURRENT FY17-18 % OF PY BUDGET % OF CY BUDGET BUDGET
WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
UTILITY BILLING 180,649 $ 928,580 $ 1,237,043 $ 212,792 $ 280,934 $ 19.5%22.7%956,109 $
WATER OPERATIONS 328,800 $ 1,263,519 $ 1,649,405 $ 219,383 $ 589,859 $ 26.0%35.8%1,059,546 $
DEBT 152,813 $ 511,309 $ 677,361 $ -$ 152,813 $ 29.9%22.6%524,548 $
W&S CAPITAL 31,292 $ 196,862 $ 39,796 $ -$ -$ 0.0%39,796 $
NONDEPARTMENTAL 225,320 $ 808,339 $ 654,711 $ 48,649 $ 238,114 $ 27.9%36.4%416,597 $
TOTAL EXPENDITURES 918,873 $ 3,708,608 $ 4,258,316 $ 480,824 $ 1,261,720 $ 24.8%29.6%2,996,596 $
FY16-17 FY16-17 FY17-18 CURRENT FY17-18 % OF PY BUDGET % OF CY BUDGET BUDGET
STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
STREETS 197,102 $ 711,530 $ 698,143 $ 51,870 $ 182,383 $ 27.7%26.1%515,760 $
PARKS MAINTENANCE 24,149 $ 77,298 $ 161,368 $ 6,043 $ 23,741 $ 31.2%14.7%137,627 $
CAPITAL 279,621 $ 281,935 $ 60,523 $ -$ -$ 0.0%60,523 $
TOTAL EXPENDITURES 500,872 $ 1,070,763 $ 920,034 $ 57,913 $ 206,124 $ 46.8%22.4%713,910 $
FY16-17 FY16-17 FY17-18 CURRENT FY17-18 % OF PY BUDGET % OF CY BUDGET BUDGET
EDC4B FUNDS YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
ADMINISTRATION 58,017 $ 190,611 $ 195,517 $ 8,791 $ 40,615 $ 30.4%20.8%154,902 $
DEBT SERVICE 82,525 $ 324,250 $ 322,365 $ 4,766 $ 80,237 $ 25.5%24.9%242,128 $
TOWN SHOPPING CENTER 19,023 $ 75,209 $ 45,362 $ 61,118 $ 95,744 $ 25.3%211.1%(50,382)$
TOWNCENTER REDEVELOPMENT -$ 12,653 $ -$ -$ -$ #DIV/0!-$
TOTAL EXPENDITURES 159,565 $ 602,722 $ 563,244 $ 74,675 $ 216,596 $ 26.5%38.5%346,648 $
EXPENDITURE SUMMARY BY DEPARTMENT
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: MONITORING INFORMATION - B.
I. Subject:
Schedule of Investment Activity for quarter ending December 31, 2017
II. Originated by:
Brady Olsen, Finance Director
III. Summary:
In accordance with Public Funds Investment Act (PFIA), the investments should be reported quarterly.
This is for the first quarter for FY18 and subsequently will be presented for each quarter to Council to stay
current with PFIA. Included is also the final quarter for FY17.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.September 30 2017 Qtrly Investment Report September 30 2017 Qtrly Investment Report.pdf
2.December 31 2017 Qtrly Investment Report December 31 2017 Qtrly Investment Report.pdf
City of Kennedale, Texas
SCHEDULE OF INVESTMENT ACTIVITY
For The Quarter Ending September 30, 2017
SUMMARY OF INVESTMENTS FOR THE QUARTER
INVESTMENT STRATEGIES
INVESTMENT PORTFOLIO ALLOWABLE BREAKDOWN
MONTHLY BALANCES- INVESTMENTS
Investment Pool Account Name Interest Rate July 2017 August 2017 September 2017 Interest Earned
Texas Daily Consolidated Cash 0.04%31,666.64 $ 31,693.43 $ 31,720.19 $ 79.31 $
TexStar Consolidated Cash 0.03%329,773.32 330,063.01 330,344.72 846.41
TexPool $2.0M CO Bond 0.03%29,684.50 29,709.75 29,734.55 74.53
TexPool Central Deposit 0.01%2,353,683.75 2,209,678.51 2,229,292.10 5,974.90
TOTAL INVESTMENT POOLS 2,744,808.21 $ 2,601,144.70 $ 2,621,091.56 $ 6,975.15 $
MONTHLY BALANCES- WELLSFARGO
Bank Account Name Interest Rate July 2017 August 2017 September 2017 Interest Earned
Wellsfargo Consolidated Cash N/A 1,681,355.75 $ 1,521,155.43 $ 1,767,928.52 $ -$
Wellsfargo Payroll Clearing 0.04%-0.05%193.26 145,060.53 47,513.69 1.94
Wellsfargo Section 125 Flex 0.04%-0.05%- - - -
Wellsfargo Dick Price Rd 0.005%- - - -
Wellsfargo Health Reimbursement 0.00%- - - -
Wellsfargo Employee Health Benefit Trust 0.00%3.45 3.73 3.91 0.52
TOTAL WELLSFARGO 1,681,552.46 $ 1,666,219.69 $ 1,815,446.12 $ 2.46 $
TOTAL MONTHLY BALANCES- ALL 4,426,360.67 $ 4,267,364.39 $ 4,436,537.68 $ 6,977.61 $
TRANSACTION ACTIVITY- INVESTMENTS Balance Balance
Investment Pool Account Name 6/30/2017 Deposits Withdrawls Interest 9/30/2017
Texas Daily Consolidated Cash 31,640.88 $ -$ -$ 79.31 $ 31,720.19 $
TexStar Consolidated Cash 329,498.31 - - 846.41 330,344.72
TexPool $2.0M CO Bond 29,660.02 - - 74.53 29,734.55
TexPool Central Deposit 2,578,895.64 424,753.01 (780,331.45) 5,974.90 2,229,292.10
TOTAL INVESTMENT POOLS 2,969,694.85 $ 424,753.01 $ (780,331.45)$ 6,975.15 $ 2,621,091.56 $
TRANSACTION ACTIVITY- WELLSFARGO Balance Balance
Bank Account Name 6/30/2017 Deposits Withdrawls Interest 9/30/2017
Wellsfargo Consolidated Cash 1,582,743.94 $ 2,884,443.94 $ (2,699,259.36)$ -$ 1,767,928.52 $
Wellsfargo Payroll Clearing 192.73 1,022,777.82 (975,456.86) 1.94 47,513.69
Wellsfargo Section 125 Flex - 2,137.86 (2,137.86) - -
Wellsfargo Health Reimbursement - 2,667.00 (2,667.00) - -
Wellsfargo Employee Health Benefit Trust 3.39 128,804.78 (128,804.26) 0.52 3.91
TOTAL WELLSFARGO 1,582,940.06 $ 4,040,831.40 $ (3,808,325.34)$ 2.46 $ 1,815,446.12 $
The City's main objectives in managing the portfolio are as follows:suitability,preservation &safety of principal,liquidity,marketability,diversification,and
yield.
Certificates of Deposit (25%),Investment Pools (100%)*,Money Market Mutual Funds (100%)*,Repurchase Agreements (50%)*,Government Obligations
(25%),US Treasury &US Agency Callables (25%),US Government Agencies &Instrumentalities (100%),and US Treasury Notes/Bills (100%)
*(no more than 50% in any individual pool, fund, or repurchase agreement)
CITY OF KENNEDALE, TEXAS
INVESTMENT REPORT
FOR QUARTER ENDING September 30, 2017
The Quarterly Investment Report provides the City's investment portfolio position as of the report period indicated above.Fund of the City are invested in
accordance with the City of Kennedale Investment Policy as originally adopted on September 13, 2001 and subsequently reviewed in October of 2016.
99.3%of the City of Kennedale's investments are owned by the Pooled Cash Fund.The remaining .7%goes to the $2.0M 2010 CO Bond Fund,$1.7M TX
Leverage Fund,and Clearing Funds.As of the reporting quarter,59.08%of the City's investments are in investment pools,and 40.98%are invested in money
market savings accounts.
CASH BREAKDOWN BY FUND July 2017 August 2017 September 2017
01- General Fund $2,127,817.11 $1,951,304.51 $1,642,404.64
02- Debt Service Fund -$48,783.44 -$133,596.09 -$127,529.14
04- Capital Project Fund $99,011.17 $105,815.30 $105,867.13
05- Capital Replacement Fund $203,557.54 $201,666.81 $197,904.35
07- Storm Drainage Utility Fund $97,273.99 $116,888.76 $119,271.65
10- Water/Sewer Fund $642,389.41 $742,965.52 $929,589.69
12- Court Security Fund $13,763.75 $14,103.82 $14,334.91
13- Capital Bond Fund
14- Park Dedication Fund $234,710.46 $234,830.84 $234,945.86
15- Economic Development Fund -$62,571.53 -$63,765.86 $119,981.49
16- Court Technology Fund $2,177.41 $2,622.58 $2,922.76
17- Streets Improvement Fund $354,006.79 $324,998.35 $385,798.34
18- Juvenile Case Manager Fund $21,899.81 $21,667.51 $20,968.58
19- EDC4B Capital Bond Fund
21- TIF #1 New Hope Fund -$5,797.92 -$5,797.92 -$8,858.42
31- Police Seizure Fund
32- Library Building Fund $10,500.23 $9,612.93 $9,174.69
34- LEOSE Fund $1,803.68 $1,804.61 $155.09
41- Park Rec/Other Donation Fund $12,542.02 $12,355.79 $12,073.55
45- Roadway Impact Fee Fund $122,192.98 $126,265.67 $138,357.43
61- Water Impact Fee Fund $244,297.89 $253,275.84 $272,011.49
62- Sewer Impact Fee Fund $135,271.62 $139,925.73 $146,626.67
65- Water Improvement Fund
83- Tree Reforestation Fund $68,109.48 $68,144.41 $68,177.79
85- Unclaimed Property Fund $1,990.24 $1,990.24 $1,990.24
95- EDC Reserve Fund $120,513.48 $120,575.29 $120,634.34
TOTAL ALL FUNDS 4,396,676.17 $ 4,247,654.64 $ 4,406,803.13 $
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
350,000.00
Other Accounts
$2.0M CO Bond
Payroll Clearing
Texas Daily
TexStar
-
500,000.00
1,000,000.00
1,500,000.00
2,000,000.00
2,500,000.00
Main Accounts
Central Deposit
Wellsfargo
- 0.50 1.00 1.50 2.00 2.50 3.00 3.50
4.00
Holding Accounts
Section 125 Flex
Employee Health
Benefit Trust
0.71% 7.45%
50.92%
40.92%
Distribution of Money
Texas Daily
TexStar
TexPool
Wellsfargo
City of Kennedale, Texas
SCHEDULE OF INVESTMENT ACTIVITY
For The Quarter Ending December 31, 2017
SUMMARY OF INVESTMENTS FOR THE QUARTER
INVESTMENT STRATEGIES
INVESTMENT PORTFOLIO ALLOWABLE BREAKDOWN
MONTHLY BALANCES- INVESTMENTS
Investment Pool Account Name Interest Rate October 2017 November 2017 December 2017 Interest Earned
Texas Daily Consolidated Cash 0.04%31,748.40 $ 31,776.88 $ 31,809.63 $ 89.44 $
TexStar Consolidated Cash 0.03%330,638.81 330,929.47 331,260.08 915.36
TexPool $2.0M CO Bond 0.03%29,760.64 29,786.33 29,816.08 81.53
TexPool Central Deposit 0.01%2,500,088.59 2,745,206.25 4,879,590.25 7,095.53
TOTAL INVESTMENT POOLS 2,892,236.44 $ 3,137,698.93 $ 5,272,476.04 $ 8,181.86 $
MONTHLY BALANCES- WELLSFARGO
Bank Account Name Interest Rate October 2017 November 2017 December 2017 Interest Earned
Wellsfargo Consolidated Cash N/A 1,419,527.55 $ 1,151,251.80 $ 1,912,377.44 $ -$
Wellsfargo Payroll Clearing 0.04%-0.05%195.39 196.02 196.57 1.90
Wellsfargo Section 125 Flex 0.04%-0.05%- - - -
Wellsfargo Dick Price Rd 0.005%- - - -
Wellsfargo Health Reimbursement 0.00%- - - -
Wellsfargo Employee Health Benefit Trust 0.00%4.30 4.52 4.72 0.81
TOTAL WELLSFARGO 1,419,727.24 $ 1,151,452.34 $ 1,912,578.73 $ 2.71 $
TOTAL MONTHLY BALANCES- ALL 4,311,963.68 $ 4,289,151.27 $ 7,185,054.77 $ 8,184.57 $
TRANSACTION ACTIVITY- INVESTMENTS Balance Balance
Investment Pool Account Name 9/30/2017 Deposits Withdrawls Interest 12/31/2017
Texas Daily Consolidated Cash 31,720.19 $ -$ -$ 89.44 $ 31,809.63 $
TexStar Consolidated Cash 330,344.72 - - 915.36 331,260.08
TexPool $2.0M CO Bond 29,734.55 - - 81.53 29,816.08
TexPool Central Deposit 2,229,292.10 3,737,643.94 (1,094,441.32) 7,095.53 4,879,590.25
TOTAL INVESTMENT POOLS 2,621,091.56 $ 3,737,643.94 $ (1,094,441.32)$ 8,181.86 $ 5,272,476.04 $
TRANSACTION ACTIVITY- WELLSFARGO Balance Balance
Bank Account Name 9/30/2017 Deposits Withdrawls Interest 12/31/2017
Wellsfargo Consolidated Cash 1,767,928.52 $ 3,219,659.77 $ (3,075,210.85)$ -$ 1,912,377.44 $
Wellsfargo Payroll Clearing 47,513.69 907,273.70 (954,590.82) 1.90 196.57
Wellsfargo Section 125 Flex - 1,587.48 (1,587.48) - -
Wellsfargo Health Reimbursement - 3,399.00 (3,399.00) - -
Wellsfargo Employee Health Benefit Trust 3.91 129,442.87 (129,442.06) 0.81 4.72
TOTAL WELLSFARGO 1,815,446.12 $ 4,261,362.82 $ (4,164,230.21)$ 2.71 $ 1,912,578.73 $
The City's main objectives in managing the portfolio are as follows:suitability,preservation &safety of principal,liquidity,marketability,diversification,and
yield.
Certificates of Deposit (25%),Investment Pools (100%)*,Money Market Mutual Funds (100%)*,Repurchase Agreements (50%)*,Government Obligations
(25%),US Treasury &US Agency Callables (25%),US Government Agencies &Instrumentalities (100%),and US Treasury Notes/Bills (100%)
*(no more than 50% in any individual pool, fund, or repurchase agreement)
CITY OF KENNEDALE, TEXAS
INVESTMENT REPORT
FOR QUARTER ENDING December 31, 2017
The Quarterly Investment Report provides the City's investment portfolio position as of the report period indicated above.Fund of the City are invested in
accordance with the City of Kennedale Investment Policy as originally adopted on September 13, 2001 and subsequently reviewed in October of 2016.
99.6%of the City of Kennedale's investments are owned by the Pooled Cash Fund.The remaining .4%goes to the $2.0M 2010 CO Bond Fund,$1.7M TX
Leverage Fund,and Clearing Funds.As of the reporting quarter,73.38%of the City's investments are in investment pools,and 26.62%are invested in money
market savings accounts.
CASH BREAKDOWN BY FUND October 2017 November 2017 December 2017
01- General Fund $1,349,760.70 $1,108,806.98 $2,822,011.27
02- Debt Service Fund -$97,019.42 $109,862.75 $794,577.88
04- Capital Project Fund $119,225.63 $43,272.86 $55,447.35
05- Capital Replacement Fund $192,839.16 $439,216.86 $436,119.94
07- Storm Drainage Utility Fund $86,021.02 $14,078.14 $21,258.40
10- Water/Sewer Fund $1,187,555.08 $1,324,695.47 $1,386,909.83
12- Court Security Fund $14,599.23 $14,812.11 $15,064.89
13- Capital Bond Fund $ - $ - $ -
14- Park Dedication Fund $235,070.54 $235,360.20 $236,242.06
15- Economic Development Fund $78,606.00 $91,858.54 $441,693.32
16- Court Technology Fund $3,266.59 $3,540.83 $3,868.79
17- Streets Improvement Fund $320,358.09 $274,176.96 $321,795.20
18- Juvenile Case Manager Fund $20,240.76 $19,731.85 $19,318.35
19- EDC4B Capital Bond Fund $ - $ - $ -
21- TIF #1 New Hope Fund -$8,858.42 -$8,858.42 -$8,858.42
31- Police Seizure Fund $ - $ - $ -
32- Library Building Fund $8,564.17 $7,975.51 $4,534.84
34- LEOSE Fund $155.17 $155.26 $155.35
41- Park Rec/Other Donation Fund $11,312.80 $10,774.37 $19,797.56
45- Roadway Impact Fee Fund $142,440.92 $150,545.88 $154,640.20
61- Water Impact Fee Fund $278,033.78 $132,662.69 $140,574.23
62- Sewer Impact Fee Fund $149,128.67 $95,681.34 $98,967.16
65- Water Improvement Fund $ - $ - $ -
83- Tree Reforestation Fund $68,213.97 $68,254.47 $68,292.65
85- Unclaimed Property Fund $1,990.24 $1,990.24 $1,990.24
95- EDC Reserve Fund $120,698.36 $120,770.05 $120,837.60
TOTAL ALL FUNDS 4,282,203.04 $ 4,259,364.94 $ 7,155,238.69 $
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
350,000.00
Other Accounts
$2.0M CO Bond
Payroll Clearing
Texas Daily
TexStar
-
1,000,000.00
2,000,000.00
3,000,000.00
4,000,000.00
5,000,000.00
Main Accounts
Central Deposit
Wellsfargo
-
1.00
2.00
3.00
4.00
5.00
October
2017 November
2017 December
2017
Holding Accounts
Section 125 Flex
Employee Health
Benefit Trust
0.44% 4.61%
68.33%
26.62%
Distribution of Money
Texas Daily
TexStar
TexPool
Wellsfargo
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - A.
I. Subject:
Consider approval of minutes from January 12, 2018 regular meeting
II. Originated by:
Leslie Galloway, City Secretary & Communications Coordinator
III. Summary:
Please see the attached minutes for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.2018_01.12_Minutes_City Council Regular
Meeting_DRAFT
2018_01.12_Minutes_City Council Regular
Meeting_DRAFT.pdf
Page 1 of 4
CITY COUNCIL MINUTES | JANUARY 12, 2018
KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING | January 12, 2018
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM | REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 5:3 1 p.m.
II. WORK SESSION
A. Discussion of items on regular agenda
There was no discussion at this time.
B. Discussion of potential board appointments to fill vacancies
Mayor Pro Tem Jan Joplin r ecommended the follo wing appointments :
BOA /BBA : M ove Josh Altom up from alternate , leaving h is place vacant
P&Z : Newly appoint Jadey James
EDC : Newly appoint Stan Seat , Ralph Grimes , and Marsha Kno x
Parks: No current recommendation
Councilmember Gilley voiced his support of Stan Seat. Mayor Johnson suggested
interviewing these candidates at the next Regular Meeting.
Mayor Johnson recessed into Executive Session at 5:3 8 p.m. C ouncil recessed from 6:10
p.m. until the Regular Session.
III. REGULAR SESSION
Mayor Johnson opened the R egular S ession at 7:00 p.m.
IV. ROLL CALL
Present: Mayor Brian Johnson; Mayor Pro Tem Jan Joplin, Place 5; Rockie Gilley, Place 1; Liz
Carrington, Place 2 ; Sandra Lee, Place 3; and Kelly Turner, Place 4 . Absent : None
Staff: City Manager George Campbell, City Secretary and Communications Coordinator Leslie Galloway, Finance Director
Brady Olsen, HR Director Kelly Cooper, Fire Chief Mike McMurray, Police Chief Tommy Williams, Public Works Director Larry
Ledbetter, Public Works Superintendent Larry Hoover, Library Director Amanda King, City Attorney Wayne Olson
V. INVOCATION
Pastor Greg Adams of Covenant Life Baptist Church provided the invocation.
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
VII. VISITOR/CITIZENS FORUM
San dra Child r es , 121 W Mansfield Avenue, submitted a written opinion that she felt
the petition for the recall of Sandra Lee should be disregarded.
Eric Elam , 349 Kennedale Sublett Road , s tated his dissatisfaction with the procedure
for ordering items on the agenda , pointing out that City Attorney Wayne Olson had
s tated in a recent email to staff that acting consistently regarding policy and procedures
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CITY COUNCIL MINUTES | JANUARY 12, 2018
was in the best interest of the City.
L or e e Boyd , 321 W 3rd St r eet , stated her dissatisfaction with how the Councilmembers
elected in May 2017 had been treated and concern with the ordering of the agenda .
Joe Palmer , 4017 Sanguinet Cou rt, Fort Worth, TX , began to speak about the petition ,
but was told by the Mayor that addressing items on the agenda was not allowed during
the Visito r /Citizens Forum.
Motion To approve the s uspension of the adopted p arliamentary p rocedures of the
Kennedale City Council for th i s meeting . Action A p prove , Moved By G illey , Seconded
By M ayor Pro Tem Joplin .
In response to Councilmember Turner ’s question, City Attorney Wayne Olson stated that
while this would have been best considered by being listed as an agenda item, a majority
of the Council c an , indeed, choose to adopt alternative procedures for the meeting.
Motion p asses 3 -2, with Carrington and Turner voting against.
Joe Palmer , c ontinued s tating that those c irculat i ng the petition gave , in his opinion,
false information to tho se residents whose signatures they were solicitin g . He a dded
that the majority vote of the current Council should determine the direction of the City .
VIII. REPORTS/ANNOUNCEMENTS
A. Updates from the City Council
C ouncilmember Gilley applauded the Public Works Department for their recent
overnight repair of a water leak in W i nding Creek during s ub -freezing temperatures.
M ayor Pro Tem Joplin stated that she was a waiting a response from Finance Director
Brady Olsen regarding her questions about the monthly F inancial Summar i es . She
stated that she also attended BO A /BBA and KKB meetings. She closed by saying that
she chose to run for City Council after the water bill increase in 2016 and what she saw
as a misrepre sentation by then City Manager Bob Hart of the reasons behind that
increase ; and stated her frustration with what she felt was an inability to move forward
on many issues that need to be addressed .
B. Updates from the City Manager
City Manager George Campbell had no updates at this time.
C. Updates from the Mayor
M ayor Brian Johnson s tated that the Southeast Tarrant Transportation Partnership
(SETTP ) would have a public meeting at the Arlington Board of Realtors building on
Wednesday, February 14, at 9:00 a.m., which would include updates on funding for local
transportation projects.
IX. MONITORING INFORMATION
A. Monthly Financials – December 2017
There was no discussion at this time.
X. INCIDENTAL ITEMS
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CITY COUNCIL MINUTES | JANUARY 12, 2018
XI. REQUIRED APPROVAL ITEMS (CONSENT)
A. Consider approval of minutes from December 18, 2017 regular meeting
Motion To approve all required approval items on consent agenda . Action Approve,
Moved By Turner, Seconded By C arrington . Motion passed Unanimously .
XII. DECISION ITEMS
Motion To approve the reord er ing of Decision Items , taking them i n the order of D, C, B, A .
Action A p prove , Moved By G illey , Seconded By M ayor Pro Tem Joplin . Motion denied by
Mayor Johnson .
City Attorney Wayne Olson stated that h e was not aware of a ny a dopted procedure
allowing that change to be made. Councilmember Gilley stated that he felt Section 3.8 of
the Charter would allow the C o uncil to reorder these items to the chronological order in
which they occurred , should a majority vote for such a change . Olson stated that he did
not interpret the Charter in that m anner , and that Council would need to adopt procedures
to address s uch an issue , but a t this time needed to follow the current adopted
Parliamentary Procedures .
Motion To adjourn. Action Adjourn, Moved By G illey , Seconded By L ee . Motion
passed 3 -2, with Turner and Carrington voting against.
The meeting was adjourned at 7 :2 0 p.m.
A. Ce rtification by City Secretary of Citizens Petitions for recall under Article XI of the City
Charter; and Consideration and/or action regarding Citizens Petitions for recall under Article XI
of the City Charter
The meeting was adjourned before this item was discussed.
B. Consider approval of Resolution 516, calling a Special Election for May 5, 2018, pursuant to
Article XI of the City Charter
The meeting was adjourned before this item was discussed.
C. Determination of violation of express prohibition of City C harter/Forfeiture of Office for
Councilmember Sandra Lee, pursuant to Section 3.06 of the City Charter
The meeting was adjourned before this item was discussed.
D. Determination of Excused Absences/Forfeiture of Office for Councilmember Liz Carringto n,
pursuant to Section 3.06 of the City Charter
The meeting was adjourned before this item was discussed.
XIII. EXECUTIVE SESSION
The City Council may meet in closed session at any time during the work session or the regular session,
pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney
pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of
Professional Conduct may conflict with the Open Meetings Act, including disc ussion on any item posted on
the agenda, public official liability insurance, legal issues regarding the Open Meetings Act, interpretation of
City Charter requirements regarding forfeiture of office, and the following litigation:
A. Ray v. Johnson, et al; Civil Action No. 4:17 -CV -1006 -Y
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CITY COUNCIL MINUTES | JANUARY 12, 2018
This item was taken out of order. Mayor Johnson recessed into Executive Session at
5:35 p .m., following the Work Session , but before the Regular Session.
XI V. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
There was no action at this time.
XV. ADJOURNMENT
Motion To adjourn. Action Adjourn, Moved By G illey , Seconded By L ee . Motion
passed 3 -2, with Turner and Carrington voting against.
The meeting was adjourned at 7:20 p.m.
APPROVED: ATTEST:
Brian Johnson, Mayor Leslie Galloway, City Secretary
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Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B.
I. Subject:
Consider adopting Resolution 518 for a grant application to the Justice Assistance Grant (JAG) Program
for rifle-resistant body armor
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
The Police Department has applied for a grant through the Justice Assistance Grant (JAG) Program to
purchase rifle-resistant body armor. Adoption of this resolution is required for the grant application to be
considered by JAG.No matching funds are required for this grant.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.Resolution 518: JAG Rife Resistant Body Armor Grant
Support
R518_JAG_Rifle Resistant Body
Armor_2018.pdf
GRANT NUMBER: 3466001 Page 1 of 1
R518 CITY OF KENNEDALE, TX 2 018
RESOLUTION NO. 518
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS , IN SUPPORT OF AN APPLICATION
TO THE JUSTICE ASSISTANCE GRANT PROGRAM .
WHEREAS , the City Council of the City of Kennedale finds it in the best interest
of the citizens of Kennedale , Texas , that the Rifle R esistant Body Armor be operated for
the year 2018 ; and
WHEREAS , the City Council of the City of Kennedale agrees to provide matching
funds for said project , as required by the Office of the Governor grant application; and
WHEREAS , the City Council of the City of Kennedale a s sures that in the event of
loss or misuse of the Office of the Governor funds, that th o se funds will be returne d to
the Office of the Governor in full ; and
WHEREAS , the City Council of the City of Kennedale designates C ity Manager
G eorge Campbell as the grantee ’s authorized official , affording him the power to apply
for, accept, reject, alter , or terminate the grant on behalf of the applicant agency.
NOW THEREFORE, BE IT HERE BY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE, TEXAS t hat the City Council of Kennedale , Texas
approves submission of the grant application for the Rifle Resistant Body Armor
(GRANT #3466001 ) to the Office of the Governor.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE , TEXAS, ON THE 1 5 TH DAY OF F EBRUARY , 2 018 .
APPROVED :
__________________________ MAYOR, BRIAN JOHNSON
ATTEST:
______________________________
CITY SECRETARY, LESLIE GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY, WAYNE OLSON
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C.
I. Subject:
2017 Racial Profiling Report from the Police Department
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
As required by Senate Bill 1074, attached is the 2017 Racial Profiling Report for the Police Department.
This report is required to be presented to Council by March 1 of each year. This year's report was
completed by Dr. Alex del Carmen of Del Carmen and Associates. Dr. del Carmen is a leading expert on
the subject matter of racial profiling and reporting requirements. No Council action is required other than
to accept the report.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
Approve and accept.
VIII. Attachments:
1.Kennedale PD Report 2017 Kennedale PD Report 2017.docx
Annual Contact Report
2017
The Kennedale Police Department
(I) Introduction
Opening Statement
January 6, 2018
Kennedale City Council
405 Municipal Drive
Kennedale, Texas 76060
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. The current report serves as evidence
that the Kennedale Police Department, in accordance with the law, has collected and reported
traffic and motor vehicle-related contact data for the purpose of identifying and addressing (if
necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative
session, the Racial Profiling Law was modified and additional requirements were implemented.
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 for all law
enforcement agencies in the state to collect additional data and provide a more detailed analysis.
This particular report contains three sections with information on traffic and 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 Kennedale 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. In addition, 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 Kennedale 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 provides statistical data relevant to contacts, made during
the course of motor vehicle stops, between 1/1/17 and 12/31/17. In addition, this section contains
the TCOLE Tier 1 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 Kennedale
Police Department’s commitment to comply with the Texas Racial Profiling Law.
Sincerely,
Alex del Carmen, Ph.D.
Del Carmen Consulting, LLC
Table of Contents
Table of Contents
(I)Introduction
a)Opening Statement
b)Table of Contents
c)TCOLE Guidelines
d)The Texas Law on Racial Profiling (S.B. 1074)
e)Modifications to the Original Law (H.B. 3389)
f)Designations for Racial and Ethnic Categories (H.B. 3051)
g)The Sandra Bland Act (S.B. 1849)
(II)Responding to the Texas Racial Profiling Law
a)Institutional Policy on Racial Profiling
b)Educational Campaign Relevant to the Complaint Process —
Addressing Allegations of Racial Profiling Practices
c)Racial Profiling Training of Law Enforcement Personnel
d)Report on Complaints Filed Against Officers for Violating the Racial Profiling
Law (includes outcome of investigation)
e)Police Contact Information Table (2017)/Known Ethnicity and Race of Detained
and TCOLE Tier 1 Form
f)Table Depicting Baseline Comparison (2017)
g)Analysis and Interpretation of Data (2017)
(III)Summary
a)Checklist
b)Contact Information
TCOLE GUIDELINES
Guidelines for Compiling and Reporting Data under Senate Bill 1074
Background
Senate Bill 1074 of the 77 th 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.”
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.
Commentary
Senate Bill 1074 from the 77 th 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
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.
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.
The Texas Law on Racial Profiling
S.B. No. 1074
AN ACT
relating to the prevention of racial profiling by certain peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by
adding Articles 2.131 through 2.138 to read as follows:
Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer
may not engage in racial profiling.
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL
PROFILING. (a) In this article:
(1) "Law enforcement agency" means an agency of the state,
or of a county, municipality, or other political subdivision of the state, that employs peace
officers who make traffic stops in the routine performance of the officers' official duties.
(2) "Race or ethnicity" means of a particular descent,
including Caucasian, African, Hispanic, Asian, or Native American descent.
(b) Each law enforcement agency in this state shall adopt a detailed
written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency
from engaging in racial profiling;
(3) implement a process by which an individual may file a
complaint with the agency if the individual believes that a peace officer employed by the agency
has engaged in racial profiling with respect to the individual;
(4) provide public education relating to the agency's
complaint process;
(5) require appropriate corrective action to be taken against a
peace officer employed by the agency who, after an investigation, is shown to have engaged in
racial profiling in violation of the agency's policy adopted under this article;
(6) require collection of information relating to traffic stops
in which a citation is issued and to arrests resulting from those traffic stops, including
information relating to:
(A) the race or ethnicity of the individual detained;
and
(B) whether a search was conducted and, if so,
whether the person detained consented to the search; and
(7) require the agency to submit to the governing body of
each county or municipality served by the agency an annual report of the information collected
under Subdivision (6) if the agency is an agency of a county, municipality, or other political
subdivision of the state.
(c) The data collected as a result of the reporting requirements of this
article shall not constitute prima facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b), a law enforcement
agency shall examine the feasibility of installing video camera and transmitter -activated
equipment in each agency law enforcement motor vehicle regularly used to make traffic stops
and transmitter -activated equipment in each agency law enforcement motorcycle regularly used
to make traffic stops. If a law enforcement agency installs video or audio equipment as provided
by this subsection, the policy adopted by the agency under Subsection (b) must include standards
for reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not include
identifying information about a peace officer who makes a traffic stop or about an individual
who is stopped or arrested by a peace officer. This subsection does not affect the collection of
information as required by a policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law enforcement
agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the
occurrence on which the complaint is based was made, the agency shall promptly provide a copy
of the recording to the peace officer who is the subject of the complaint on written request by the
officer.
Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND
PEDESTRIAN STOPS. (a) In this article:
(1) "Race or ethnicity" has the meaning assigned by Article
2.132(a).
(2) "Pedestrian stop" means an interaction between a peace
officer and an individual who is being detained for the purpose of a criminal investigation in
which the individual is not under arrest.
(b) A peace officer who stops a motor vehicle for an alleged violation
of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall
report to the law enforcement agency that employs the officer information relating to the stop,
including:
(1) a physical description of each person detained as a result
of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the
person or, if the person does not state the person's race or ethnicity, as determined by the officer
to the best of the officer's ability;
(2) the traffic law or ordinance alleged to have been violated
or the suspected offense;
(3) whether the officer conducted a search as a result of the
stop and, if so, whether the person detained consented to the search;
(4) whether any contraband was discovered in the course of
the search and the type of contraband discovered;
(5) whether probable cause to search existed and the facts
supporting the existence of that probable cause;
(6) whether the officer made an arrest as a result of the stop
or the search, including a statement of the offense charged;
(7) the street address or approximate location of the stop;
and
(8) whether the officer issued a warning or a citation as a
result of the stop, including a description of the warning or a statement of the violation charged.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace
officer and an individual who is being detained for the purpose of a criminal investigation in
which the individual is not under arrest.
(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under Article 2.133. Not later than
March 1 of each year, each local law enforcement agency shall submit a report containing the
information compiled during the previous calendar year to the governing body of each county or
municipality served by the agency in a manner approved by the agency.
(c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) determine the prevalence of racial profiling by
peace officers employed by the agency; and
(B) examine the disposition of traffic and
pedestrian stops made by officers employed by the agency, including searches resulting from the
stops; and
(2) information relating to each complaint filed with the
agency alleging that a peace officer employed by the agency has engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a traffic or pedestrian stop or about an
individual who is stopped or arrested by a peace officer. This subsection does not affect the
reporting of information required under Article 2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and
Education shall develop guidelines for compiling and reporting information as required by this
article.
(f) The data collected as a result of the reporting requirements of this
article shall not constitute prima facie evidence of racial profiling.
Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under
Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and
reporting requirements under Article 2.134 if:
(1) during the calendar year preceding the date that a report
under Article 2.134 is required to be submitted:
(A) each law enforcement motor vehicle regularly
used by an officer employed by the agency to make traffic and pedestrian stops is equipped with
video camera and transmitter -activated equipment and each law enforcement motorcycle
regularly used to make traffic and pedestrian stops is equipped with transmitter -activated
equipment; and
(B) each traffic and pedestrian stop made by an
officer employed by the agency that is capable of being recorded by video and audio or audio
equipment, as appropriate, is recorded by using the equipment; or
(2) the governing body of the county or municipality served
by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the
Department of Public Safety, not later than the date specified by rule by the department, that the
law enforcement agency needs funds or video and audio equipment for the purpose of installing
video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive
from the state funds or video and audio equipment sufficient, as determined by the department,
for the agency to accomplish that purpose.
(b) Except as otherwise provided by this subsection, a law
enforcement agency that is exempt from the requirements under Article 2.134 shall retain the
video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days
after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a
peace officer employed by the agency has engaged in racial profiling with respect to a traffic or
pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final
disposition of the complaint.
(c) This article does not affect the collection or reporting
requirements under Article 2.132.
Art. 2.136. LIABILITY. A peace officer is not liable for damages
arising from an act relating to the collection or reporting of information as required by Article
2.133 or under a policy adopted under Article 2.132.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
Department of Public Safety shall adopt rules for providing funds or video and audio equipment
to law enforcement agencies for the purpose of installing video and audio equipment as
described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or
equipment provided to law enforcement agencies. The criteria may include consideration of tax
effort, financial hardship, available revenue, and budget surpluses. The criteria must give
priority to:
(1) law enforcement agencies that employ peace officers
whose primary duty is traffic enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an
institution of higher education to identify law enforcement agencies that need funds or video and
audio equipment for the purpose of installing video and audio equipment as described by Article
2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria
to prioritize funding or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for
the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the
governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state
for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),
the governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency has installed video and audio equipment as described by Article
2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1).
Art. 2.138. RULES. The Department of Public Safety may adopt
rules to implement Articles 2.131 -2.137.
SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by
adding Article 3.05 to read as follows:
Art. 3.05. RACIAL PROFILING. In this code, "racial profiling"
means a law enforcement -initiated action based on an individual's race, ethnicity, or national
origin rather than on the individual's behavior or on information identifying the individual as
having engaged in criminal activity.
SECTION 3. Section 96.641, Education Code, is amended by adding
Subsection (j) to read as follows:
(j) As part of the initial training and continuing education for police
chiefs required under this section, the institute shall establish a program on racial profiling. The
program must include an examination of the best practices for:
(1) monitoring peace officers' compliance with laws and
internal agency policies relating to racial profiling;
(2) implementing laws and internal agency policies relating
to preventing racial profiling; and
(3) analyzing and reporting collected information.
SECTION 4. Section 1701.253, Occupations Code, is amended by
adding Subsection (e) to read as follows:
(e) As part of the minimum curriculum requirements, the commission
shall establish a statewide comprehensive education and training program on racial profiling for
officers licensed under this chapter. An officer shall complete a program established under this
subsection not later than the second anniversary of the date the officer is licensed under this
chapter or the date the officer applies for an intermediate proficiency certificate, whichever date
is earlier.
SECTION 5. Section 1701.402, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) As a requirement for an intermediate proficiency certificate, an
officer must complete an education and training program on racial profiling established by the
commission under Section 1701.253(e).
SECTION 6. Section 543.202, Transportation Code, is amended to
read as follows:
Sec. 543.202. FORM OF RECORD. (a) In this section, "race or
ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or
Native American descent.
(b) The record must be made on a form or by a data processing
method acceptable to the department and must include:
(1) the name, address, physical description , including race or
ethnicity , date of birth, and driver's license number of the person charged;
(2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle as
defined by Chapter 522 or was involved in transporting hazardous materials;
(4) the person's social security number, if the person was
operating a commercial motor vehicle or was the holder of a commercial driver's license or
commercial driver learner's permit;
(5) the date and nature of the offense, including whether the
offense was a serious traffic violation as defined by Chapter 522;
(6) whether a search of the vehicle was conducted and
whether consent for the search was obtained;
(7) the plea, the judgment, and whether bail was forfeited;
(8) [(7)] the date of conviction; and
(9) [(8)] the amount of the fine or forfeiture.
SECTION 7. Not later than January 1, 2002, a law enforcement
agency shall adopt and implement a policy and begin collecting information under the policy as
required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law
enforcement agency shall first submit information to the governing body of each county or
municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as
added by this Act, on March 1, 2003. The first submission of information shall consist of
information compiled by the agency during the period beginning January 1, 2002, and ending
December 31, 2002.
SECTION 8. A local law enforcement agency shall first submit
information to the governing body of each county or municipality served by the agency as
required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004.
The first submission of information shall consist of information compiled by the agency during
the period beginning January 1, 2003, and ending December 31, 2003.
SECTION 9. Not later than January 1, 2002:
(1) the Commission on Law Enforcement Officer Standards
and Education shall establish an education and training program on racial profiling as required
by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and
(2) the Bill Blackwood Law Enforcement Management
Institute of Texas shall establish a program on racial profiling as required by Subsection (j),
Section 96.641, Education Code, as added by this Act.
SECTION 10. A person who on the effective date of this Act holds
an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer
Standards and Education or has held a peace officer license issued by the Commission on Law
Enforcement Officer Standards and Education for at least two years shall complete an education
and training program on racial profiling established under Subsection (e), Section 1701.253,
Occupations Code, as added by this Act, not later than September 1, 2003.
SECTION 11. An individual appointed or elected as a police chief
before the effective date of this Act shall complete a program on racial profiling established
under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than
September 1, 2003.
SECTION 12. This Act takes effect September 1, 200
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001,
by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House
amendments and requested appointment of Conference Committee; May 22, 2001, House
granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a
viva -voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with
amendments, on May 15, 2001, by a non -record vote; May 22, 2001, House granted request of
the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference
Committee Report by a non -record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor
Modifications to the Original Law
(H.B. 3389)
Amend CSHB 3389 (Senate committee report) as follows:
(1) Strike the following SECTIONS of the bill:
(A) SECTION 8, adding Section 1701.164, Occupations
Code (page 4, lines 61-66);
(B) SECTION 24, amending Article 2.132(b), Code of
Criminal Procedure (page 8, lines 19-53);
(C) SECTION 25, amending Article 2.134(b), Code of
Criminal Procedure (page 8, lines 54-64);
(D) SECTION 28, providing transition language for the
amendments to Articles 2.132(b) and 2.134(b), Code of Criminal
Procedure (page 9, lines 40-47).
(2) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 2.132, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (d), and (e) and adding
Subsection (g) to read as follows:
(a) In this article:
(1) "Law enforcement agency" means an agency of the
state, or of a county, municipality, or other political subdivision
of the state, that employs peace officers who make motor vehicle
[traffic ] stops in the routine performance of the officers'
official duties.
(2) "Motor vehicle stop" means an occasion in which a
peace officer stops a motor vehicle for an alleged violation of a
law or ordinance.
(3) "Race or ethnicity" means of a particular descent,
including Caucasian, African, Hispanic, Asian, [or ] Native
American , or Middle Eastern descent.
(b) Each law enforcement agency in this state shall adopt a
detailed written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's
complaint process;
(5) require appropriate corrective action to be taken
against a peace officer employed by the agency who, after an
investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
(6) require collection of information relating to
motor vehicle [traffic ] stops in which a citation is issued and to
arrests made as a result of [resulting from ] those [traffic ] stops,
including information relating to:
(A) the race or ethnicity of the individual
detained; and
(B) whether a search was conducted and, if so,
whether the individual [person ] detained consented to the search;
and
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual; and
(7) require the chief administrator of the agency ,
regardless of whether the administrator is elected, employed, or
appointed, to submit [to the governing body of each county or
municipality served by the agency ] an annual report of the
information collected under Subdivision (6) to:
(A) the Commission on Law Enforcement Officer
Standards and Education; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
(d) On adoption of a policy under Subsection (b), a law
enforcement agency shall examine the feasibility of installing
video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle
[traffic ] stops and transmitter-activated equipment in each agency
law enforcement motorcycle regularly used to make motor vehicle
[traffic ] stops. If a law enforcement agency installs video or
audio equipment as provided by this subsection, the policy adopted
by the agency under Subsection (b) must include standards for
reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not
include identifying information about a peace officer who makes a
motor vehicle [traffic ] stop or about an individual who is stopped
or arrested by a peace officer. This subsection does not affect the
collection of information as required by a policy under Subsection
(b)(6).
(g) On a finding by the Commission on Law Enforcement
Officer Standards and Education that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION ____. Article 2.133, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND
PEDESTRIAN ] STOPS. (a) In this article , "race [:
[(1) "Race ] or ethnicity" has the meaning assigned by
Article 2.132(a).
[(2) "Pedestrian stop" means an interaction between a
peace officer and an individual who is being detained for the
purpose of a criminal investigation in which the individual is not
under arrest.]
(b) A peace officer who stops a motor vehicle for an alleged
violation of a law or ordinance [regulating traffic or who stops a
pedestrian for any suspected offense ] shall report to the law
enforcement agency that employs the officer information relating to
the stop, including:
(1) a physical description of any [each ] person
operating the motor vehicle who is detained as a result of the stop,
including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by
the person or, if the person does not state the person's race or
ethnicity, as determined by the officer to the best of the officer's
ability;
(2) the initial reason for the stop [traffic law or
ordinance alleged to have been violated or the suspected offense ];
(3) whether the officer conducted a search as a result
of the stop and, if so, whether the person detained consented to the
search;
(4) whether any contraband or other evidence was
discovered in the course of the search and a description [the type ]
of the contraband or evidence [discovered ];
(5) the reason for the search, including whether :
(A) any contraband or other evidence was in plain
view;
(B) any probable cause or reasonable suspicion
existed to perform the search ; or
(C) the search was performed as a result of the
towing of the motor vehicle or the arrest of any person in the motor
vehicle [existed and the facts supporting the existence of that
probable cause ];
(6) whether the officer made an arrest as a result of
the stop or the search, including a statement of whether the arrest
was based on a violation of the Penal Code, a violation of a traffic
law or ordinance, or an outstanding warrant and a statement of the
offense charged;
(7) the street address or approximate location of the
stop; and
(8) whether the officer issued a written warning or a
citation as a result of the stop[, including a description of the
warning or a statement of the violation charged ].
SECTION ____. Article 2.134, Code of Criminal Procedure, is
amended by amending Subsections (a) through (e) and adding
Subsection (g) to read as follows:
(a) In this article :
(1) "Motor vehicle [, "pedestrian ] stop" has the
meaning assigned by Article 2.132(a) [means an interaction between
a peace officer and an individual who is being detained for the
purpose of a criminal investigation in which the individual is not
under arrest ].
(2) "Race or ethnicity" has the meaning assigned by
Article 2.132(a).
(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under
Article 2.133. Not later than March 1 of each year, each [local ]
law enforcement agency shall submit a report containing the
incident-based data [information ] compiled during the previous
calendar year to the Commission on Law Enforcement Officer
Standards and Education and, if the law enforcement agency is a
local law enforcement agency, to the governing body of each county
or municipality served by the agency [in a manner approved by the
agency ].
(c) A report required under Subsection (b) must be submitted
by the chief administrator of the law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable jurisdiction, of persons who
are recognized as racial or ethnic minorities and persons who are
not recognized as racial or ethnic minorities [determine the
prevalence of racial profiling by peace officers employed by the
agency ]; and
(B) examine the disposition of motor vehicle
[traffic and pedestrian ] stops made by officers employed by the
agency, categorized according to the race or ethnicity of the
affected persons, as appropriate, including any searches resulting
from [the ] stops within the applicable jurisdiction ; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a motor
vehicle [traffic or pedestrian ] stop or about an individual who is
stopped or arrested by a peace officer. This subsection does not
affect the reporting of information required under Article
2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and
Education , in accordance with Section 1701.162, Occupations Code,
shall develop guidelines for compiling and reporting information as
required by this article.
(g) On a finding by the Commission on Law Enforcement
Officer Standards and Education that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION ____. Article 2.135, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting
requirement under Article 2.133 and the chief administrator of a
law enforcement agency , regardless of whether the administrator is
elected, employed, or appointed, is exempt from the compilation,
analysis, and reporting requirements under Article 2.134 if:
(1) during the calendar year preceding the date that a
report under Article 2.134 is required to be submitted:
(A) each law enforcement motor vehicle regularly
used by an officer employed by the agency to make motor vehicle
[traffic and pedestrian ] stops is equipped with video camera and
transmitter-activated equipment and each law enforcement
motorcycle regularly used to make motor vehicle [traffic and
pedestrian ] stops is equipped with transmitter-activated
equipment; and
(B) each motor vehicle [traffic and pedestrian ]
stop made by an officer employed by the agency that is capable of
being recorded by video and audio or audio equipment, as
appropriate, is recorded by using the equipment; or
(2) the governing body of the county or municipality
served by the law enforcement agency, in conjunction with the law
enforcement agency, certifies to the Department of Public Safety,
not later than the date specified by rule by the department, that
the law enforcement agency needs funds or video and audio equipment
for the purpose of installing video and audio equipment as
described by Subsection (a)(1)(A) and the agency does not receive
from the state funds or video and audio equipment sufficient, as
determined by the department, for the agency to accomplish that
purpose.
(b) Except as otherwise provided by this subsection, a law
enforcement agency that is exempt from the requirements under
Article 2.134 shall retain the video and audio or audio
documentation of each motor vehicle [traffic and pedestrian ] stop
for at least 90 days after the date of the stop. If a complaint is
filed with the law enforcement agency alleging that a peace officer
employed by the agency has engaged in racial profiling with respect
to a motor vehicle [traffic or pedestrian ] stop, the agency shall
retain the video and audio or audio record of the stop until final
disposition of the complaint.
(c) This article does not affect the collection or reporting
requirements under Article 2.132.
(d) In this article, "motor vehicle stop" has the meaning
assigned by Article 2.132(a).
SECTION ____. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1385 to read as follows:
Art. 2.1385. CIVIL PENALTY. (a) If the chief
administrator of a local law enforcement agency intentionally fails
to submit the incident-based data as required by Article 2.134, the
agency is liable to the state for a civil penalty in the amount of
$1,000 for each violation. The attorney general may sue to collect
a civil penalty under this subsection.
(b) From money appropriated to the agency for the
administration of the agency, the executive director of a state law
enforcement agency that intentionally fails to submit the
incident-based data as required by Article 2.134 shall remit to the
comptroller the amount of $1,000 for each violation.
(c) Money collected under this article shall be deposited in
the state treasury to the credit of the general revenue fund.
SECTION ____. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.022 to read as follows:
Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE
REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this
article, "moving violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 708.052, Transportation
Code.
(b) A defendant convicted of a moving violation in a justice
court, county court, county court at law, or municipal court shall
pay a fee of 10 cents as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(d) The clerks of the respective courts shall collect the
costs described by this article. The clerk shall keep separate
records of the funds collected as costs under this article and shall
deposit the funds in the county or municipal treasury, as
appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the
funds collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(h) The comptroller shall deposit the funds received under
this article to the credit of the Civil Justice Data Repository fund
in the general revenue fund, to be used only by the Commission on
Law Enforcement Officer Standards and Education to implement duties
under Section 1701.162, Occupations Code.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION ____. (a) Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, is amended to conform to the
amendments made to Section 102.061, Government Code, by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [$5 ]; [and ]
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 ; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10 .
(b) Section 102.061, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.061, Government Code, as reenacted
and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, to reorganize and renumber that
section, continues in effect as further amended by this section.
SECTION ____. (a) Section 102.081, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
Acts of the 80th Legislature, Regular Session, 2007, and is further
amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [$5 ]; [and ]
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 ; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10 .
(b) Section 102.081, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.081, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION ____. Section 102.101, Government Code, is amended
to read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $4;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5;
(7) a fee on conviction of certain offenses involving
issuing or passing a subsequently dishonored check (Art. 102.0071,
Code of Criminal Procedure) . . . not to exceed $30; [and ]
(8) a court cost on conviction of a Class C misdemeanor
in a county with a population of 3.3 million or more, if authorized
by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7 ; and
(9) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10 .
SECTION ____. Section 102.121, Government Code, is amended
to read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
municipal court shall collect fees and costs on conviction of a
defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
[and ]
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 ; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10 .
SECTION ____. Subchapter D, Chapter 1701, Occupations Code,
is amended by adding Section 1701.164 to read as follows:
Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
collect and maintain incident-based data submitted to the
commission under Article 2.134, Code of Criminal Procedure,
including incident-based data compiled by a law enforcement agency
from reports received by the law enforcement agency under Article
2.133 of that code. The commission in consultation with the
Department of Public Safety, the Bill Blackwood Law Enforcement
Management Institute of Texas, the W. W. Caruth, Jr., Police
Institute at Dallas, and the Texas Police Chiefs Association shall
develop guidelines for submitting in a standard format the report
containing incident-based data as required by Article 2.134, Code
of Criminal Procedure.
SECTION ____. Subsection (a), Section 1701.501,
Occupations Code, is amended to read as follows:
(a) Except as provided by Subsection (d), the commission
shall revoke or suspend a license, place on probation a person whose
license has been suspended, or reprimand a license holder for a
violation of :
(1) this chapter ;
(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.
Racial and Ethnic Designations
(H.B. 3051)
H.B. No. 3051
AN ACT
relating to the categories used to record the race or ethnicity of persons stopped for or convicted
of traffic offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as
follows:
(3) "Race or ethnicity" means the following categories:
(A) Alaska native or American Indian;
(B) [of a particular descent, including Caucasian, African, Hispanic,]
Asian or Pacific Islander;
(C) black;
(D) white; and
(E) Hispanic or Latino [, Native American, or Middle Eastern descent ].
SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows:
(a) In this section, "race or ethnicity" means the following categories:
(1) Alaska native or American Indian;
(2) [of a particular descent, including Caucasian, African, Hispanic,] Asian or
Pacific Islander;
(3) black;
(4) white; and
(5) Hispanic or Latino [, or Native American descent ].
SECTION 3. This Act takes effect September 1, 2017.
____________________________________________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3051 was passed by the House on May 4, 2017, by the following
vote: Yeas 143, Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following
vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
The Sandra Bland Act
(S.B. 1849)
S.B. No. 1849
AN ACT
relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal
offenses, to the confinement, conviction, or release of those individuals, and to grants supporting populations that are more
likely to interact frequently with law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. SHORT TITLE. This Act shall be known as the
Sandra Bland Act, in memory of Sandra Bland.
ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR
PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL
DISABILITY, OR A SUBSTANCE ABUSE ISSUE
SECTION 2.01. Article 16.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
RETARDATION ]. (a)(1) Not later than 12 [72 ] hours after receiving
credible information that may establish reasonable cause to believe
that a defendant committed to the sheriff's custody has a mental
illness or is a person with an intellectual disability [mental
retardation ], including observation of the defendant's behavior
immediately before, during, and after the defendant's arrest and
the results of any previous assessment of the defendant, the
sheriff shall provide written or electronic notice of the
information to the magistrate. On a determination that there is
reasonable cause to believe that the defendant has a mental illness
or is a person with an intellectual disability [mental
retardation ], the magistrate, except as provided by Subdivision
(2), shall order the local mental health or intellectual and
developmental disability [mental retardation ] authority or another
qualified mental health or intellectual disability [mental
retardation ] expert to:
(A) collect information regarding whether the
defendant has a mental illness as defined by Section 571.003,
Health and Safety Code, or is a person with an intellectual
disability [mental retardation ] as defined by Section 591.003,
Health and Safety Code, including information obtained from any
previous assessment of the defendant; and
(B) provide to the magistrate a written
assessment of the information collected under Paragraph (A).
(2) The magistrate is not required to order the
collection of information under Subdivision (1) if the defendant in
the year preceding the defendant's applicable date of arrest has
been determined to have a mental illness or to be a person with an
intellectual disability [mental retardation ] by the local mental
health or intellectual and developmental disability [mental
retardation ] authority or another mental health or intellectual
disability [mental retardation ] expert described by Subdivision
(1). A court that elects to use the results of that previous
determination may proceed under Subsection (c).
(3) If the defendant fails or refuses to submit to the
collection of information regarding the defendant as required under
Subdivision (1), the magistrate may order the defendant to submit
to an examination in a mental health facility determined to be
appropriate by the local mental health or intellectual and
developmental disability [mental retardation ] authority for a
reasonable period not to exceed 21 days. The magistrate may order a
defendant to a facility operated by the Department of State Health
Services or the Health and Human Services Commission [Department of
Aging and Disability Services ] for examination only on request of
the local mental health or intellectual and developmental
disability [mental retardation ] authority and with the consent of
the head of the facility. If a defendant who has been ordered to a
facility operated by the Department of State Health Services or the
Health and Human Services Commission [Department of Aging and
Disability Services ] for examination remains in the facility for a
period exceeding 21 days, the head of that facility shall cause the
defendant to be immediately transported to the committing court and
placed in the custody of the sheriff of the county in which the
committing court is located. That county shall reimburse the
facility for the mileage and per diem expenses of the personnel
required to transport the defendant calculated in accordance with
the state travel regulations in effect at the time.
(b) A written assessment of the information collected under
Subsection (a)(1)(A) shall be provided to the magistrate not later
than the 30th day after the date of any order issued under
Subsection (a) in a felony case and not later than the 10th day
after the date of any order issued under that subsection in a
misdemeanor case, and the magistrate shall provide copies of the
written assessment to the defense counsel, the prosecuting
attorney, and the trial court. The written assessment must include
a description of the procedures used in the collection of
information under Subsection (a)(1)(A) and the applicable expert's
observations and findings pertaining to:
(1) whether the defendant is a person who has a mental
illness or is a person with an intellectual disability [mental
retardation ];
(2) whether there is clinical evidence to support a
belief that the defendant may be incompetent to stand trial and
should undergo a complete competency examination under Subchapter
B, Chapter 46B; and
(3) recommended treatment.
(c) After the trial court receives the applicable expert's
written assessment relating to the defendant under Subsection (b)
or elects to use the results of a previous determination as
described by Subsection (a)(2), the trial court may, as applicable:
(1) resume criminal proceedings against the
defendant, including any appropriate proceedings related to the
defendant's release on personal bond under Article 17.032;
(2) resume or initiate competency proceedings, if
required, as provided by Chapter 46B 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
(2) establishing or expanding collaboratives that
serve two or more counties, each with a population of less than
100,000 [collaborative ].
(b) The department shall require each entity awarded a grant
under this section to:
(1) leverage additional funding from private sources
in an amount that is at least equal to the amount of the grant
awarded under this section; [and ]
(2) provide evidence of significant coordination and
collaboration between the entity, local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community
collaborative funded by a grant awarded under this section ; and
(3) provide evidence of a local law enforcement policy
to divert appropriate persons from jails or other detention
facilities to an entity affiliated with a community collaborative
for the purpose of providing services to those persons .
SECTION 2.04. Chapter 539, Government Code, is amended by
adding Section 539.0051 to read as follows:
Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY
COLLABORATIVES. (a) The governing body of a county shall develop
and make public a plan detailing:
(1) how local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in the county could coordinate to establish
or expand a community collaborative to accomplish the goals of
Section 539.002;
(2) how entities in the county may leverage funding
from private sources to accomplish the goals of Section 539.002
through the formation or expansion of a community collaborative;
and
(3) how the formation or expansion of a community
collaborative could establish or support resources or services to
help local law enforcement agencies to divert persons who have been
arrested to appropriate mental health care or substance abuse
treatment.
(b) The governing body of a county in which an entity that
received a grant under Section 539.002 before September 1, 2017, is
located is not required to develop a plan under Subsection (a).
(c) Two or more counties, each with a population of less
than 100,000, may form a joint plan under Subsection (a).
ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS
SECTION 3.01. The heading to Article 17.032, Code of
Criminal Procedure, is amended to read as follows:
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY
ILL ] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY .
SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) A magistrate shall release a defendant on personal bond
unless good cause is shown 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:
(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, 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 COUNTY JAIL. (a) On the death of a prisoner in a county jail,
the commission shall appoint a law enforcement agency, other than
the local law enforcement agency that operates the county jail, to
investigate the death as soon as possible.
(b) The commission shall adopt any rules necessary relating
to the appointment of a law enforcement agency under Subsection
(a), including rules relating to cooperation between law
enforcement agencies and to procedures for handling evidence.
SECTION 3.08. The changes in law made by this article to
Article 17.032, Code of Criminal Procedure, apply only to a
personal bond that is executed on or after the effective date of
this Act. A personal bond executed before the effective date of
executed, and the former law is continued in effect for that
purpose.
SECTION 3.09. Not later than January 1, 2018, the
Commission on Jail Standards shall:
(1) adopt the rules and procedures required by Section
511.009(d), Government Code, as added by this article, and the
rules required by Section 511.021(b), Government Code, as added by
this article; and
(2) prescribe the form required by Section 511.020(b),
Government Code, as added by this article.
SECTION 3.10. Not later than September 1, 2018, the
Commission on Jail Standards shall adopt the rules and procedures
required by Section 511.009(a)(23), Government Code, as added by
this article. On and after September 1, 2020, a county jail shall
comply with any rule or procedure adopted by the Commission on Jail
Standards under that subdivision.
SECTION 3.11. To the extent of any conflict, this Act
prevails over another Act of the 85th Legislature, Regular Session,
2017, relating to nonsubstantive 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 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 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, 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 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
(II) Responding to the Law
Institutional Policy on Racial Profiling
K e n n e d a l e P o l i c e D e p a r t m e n t
R e f e r e n c e : C h a p t e r 2 P o l i c y #1
Subject: Professional Standards & Conduct- Date: 08/01/2011
Bias Based Profiling Revised: 12/04/2017
P u r p o s e :T o r e a f f i r m t h e K e n n e d a l e P o l i c e D e p a r t m e n t ’s p r o f e s s i o n a l c o m m i t m e n t t o
u n b i a s e d p o l i c i n g i n a l l i t s e n c o u n t e r s b e t w e e n o u r p o l i c e o f f i c e r s a n d a n y p e r s o n ; t o
r e i n f o r c e p r o c e d u r e s t h a t s e r v e t o e n s u r e p u b l i c c o n f i d e n c e a n d m u t u a l t r u s t t h r o u g h
t h e p r o v i s i o n o f s e r v i c e s i n a f a i r a n d e q u i t a b l e f a s h i o n ; a n d t o p r o t e c t o u r o f f i c e r s
f r o m u n w a r r a n t e d a c c u s a t i o n s o f m i s c o n d u c t w h e n t h e y a c t w i t h i n t h e d i c t a t e s o f
a g e n c y p o l i c y , s t a t e , a n d f e d e r a l l a w s .
A u t h o r i t y :
1 .U n i t e d S t a t e s C o n s t i t u t i o n , 4 t h A m e n d m e n t & 1 4 t h A m e n d m e n t
2 .T e x a s C o d e o f C r i m i n a l P r o c e d u r e , A r t i c l e s 2 .1 3 1 – 2 .1 3 8 a n d 3 .0 5
3 .S B 1 0 7 4 (2 0 0 1 ) T h e T e x a s R a c i a l P r o f i l i n g L a w
4 .H B 3 3 8 9 (2 0 0 9 ) U p d a t e o n O r i g i n a l L a w
5 .H B 3 0 5 1 (2 0 1 7 ) R a c i a l a n d E t h n i c D e s i g n a t i o n s
6 .S B 1 8 4 9 (2 0 1 7 ) T h e S a n d r a B l a n d A c t
(N o n -D a t a R e q u i r e m e n t s (e s t a b l i s h e d b y S B 1 0 7 4 , H B 3 3 8 9 a n d S B 1 8 4 9 )
D e f i n i t i o n s ;
1 .A c t s C o n s t i t u t i n g R a c i a l P r o f i l i n g : a r e a c t s i n i t i a t i n g l a w e n f o r c e m e n t a c t i o n , s u c h a s a m o t o r
v e h i c l e c o n t a c t , a d e t e n t i o n , a s e a r c h , i s s u a n c e o f a c i t a t i o n , o r a n a r r e s t b a s e d s o l e l y u p o n a n
i n d i v i d u a l ’s r a c e , e t h n i c i t y , o r n a t i o n a l o r i g i n , o r o n t h e b a s i s o f r a c i a l o r e t h n i c s t e r e o t y p e s ,
r a t h e r t h a n u p o n t h e i n d i v i d u a l ’s b e h a v i o r , i n f o r m a t i o n i d e n t i f y i n g t h e i n d i v i d u a l a s h a v i n g
p o s s i b l y e n g a g e d i n c r i m i n a l a c t i v i t y , o r o t h e r l a w f u l r e a s o n s f o r t h e l a w e n f o r c e m e n t a c t i o n .
2 .B i a s B a s e d P r o f i l i n g : t h e s e l e c t i o n o f a n i n d i v i d u a l b a s e d s o l e l y o n a t r a i t c o m m o n t o a g r o u p
f o r e n f o r c e m e n t a c t i o n . T h i s i n c l u d e s , b u t i s n o t l i m i t e d t o : r a c e , e t h n i c b a c k g r o u n d , g e n d e r ,
s e x u a l o r i e n t a t i o n , r e l i g i o n , e c o n o m i c s t a t u s , a g e , c u l t u r a l g r o u p , o r a n y o t h e r i d e n t i f i a b l e g r o u p .
3 .L a w E n f o r c e m e n t A g e n c y : m e a n s a n a g e n c y o f t h e s t a t e , o r o f a c o u n t y , m u n i c i p a l i t y , o r o t h e r
p o l i t i c a l s u b d i v i s i o n o f t h e s t a t e , t h a t e m p l o y s p e a c e o f f i c e r s w h o m a k e m o t o r v e h i c l e c o n t a c t s
i n t h e r o u t i n e p e r f o r m a n c e o f t h e o f f i c e r ’s o f f i c i a l d u t i e s .
4 .M V R : a n a c r o n y m f o r m o b i l e v i d e o / a u d i o r e c o r d i n g e q u i p m e n t .
5 .P r o b a b l e C a u s e : a l s o k n o w n a s r e a s o n a b l e s u s p i c i o n . P r o b a b l e C a u s e i s m o r e t h a n a m e r e
h u n c h , b u t i s b a s e d o n a s e t o f a r t i c u l a b l e f a c t s a n d c i r c u m s t a n c e s t h a t w o u l d w a r r a n t a p e r s o n
o f r e a s o n a b l e c a u t i o n i n b e l i e v i n g t h a t a c r i m e h a s b e e n c o m m i t t e d , i s a b o u t t o b e c o m m i t t e d , o r
i s i n t h e p r o c e s s o f b e i n g c o m m i t t e d . P r o b a b l e C a u s e c a n b e b a s e d o n t h e o b s e r v a t i o n s o f a
p o l i c e o f f i c e r , c o m b i n e d w i t h h i s /h e r t r a i n i n g a n d l a w e n f o r c e m e n t e x p e r i e n c e , a n d /o r r e l i a b l e
i n f o r m a t i o n r e c e i v e d f r o m c r e d i b l e s o u r c e s .
6 .R a c e o r E t h n i c i t y : m e a n s o f a p a r t i c u l a r d e s c e n t , i n c l u d i n g C a u c a s i a n , A f r i c a n , H i s p a n i c , A s i a n ,
N a t i v e A m e r i c a n o r M i d d l e E a s t e r n d e s c e n t . D e t e r m i n i n g a p e r s o n ’s r a c e o r e t h n i c i t y s h a l l b e
d e t e r m i n e d b y t h e o f f i c e r i n a c c o r d a n c e w i t h a p p l i c a b l e s t a t e a n d f e d e r a l s t a n d a r d s .
7 .R a c i a l P r o f i l i n g : m e a n s a l a w e n f o r c e m e n t -i n i t i a t e d a c t i o n b a s e d o n a n i n d i v i d u a l ’s r a c e ,
e t h n i c i t y , o r n a t i o n a l o r i g i n r a t h e r t h a n o n t h e i n d i v i d u a l ’s b e h a v i o r o r o n i n f o r m a t i o n
i d e n t i f y i n g t h e i n d i v i d u a l a s h a v i n g e n g a g e d i n c r i m i n a l a c t i v i t y .
8 .T e x a s C o m m i s s i o n o n L a w E n f o r c e m e n t : T C O L E i s a s t a t e a g e n c y c r e a t e d i n 1 9 6 5 b y a n a c t o f
t h e 5 9 t h T e x a s L e g i s l a t u r e , e m p o w e r e d t o e s t a b l i s h m i n i m u m l i c e n s i n g a n d t r a i n i n g s t a n d a r d s
f o r T e x a s p e a c e o f f i c e r s t o i m p r o v e t h e p r o f i c i e n c y o f l a w e n f o r c e m e n t s e r v i c e s .
9 .M o t o r v e h i c l e c o n t a c t : m e a n s t h e s t o p p i n g o f a m o t o r v e h i c l e b y a p o l i c e o f f i c e r f o r a n a l l e g e d
v i o l a t i o n o f l a w o r o r d i n a n c e r e g u l a t i n g t r a f f i c .
10.V e r b a l W a r n i n g s : If an officer elects to complete a motor vehicle contact with a verbal
warning, a response must still be entered into all of the required racial profiling fields in
CAD.
D i s c u s s i o n :
T h e K e n n e d a l e P o l i c e D e p a r t m e n t i s c h a r g e d w i t h e n f o r c i n g t h e l a w , a s w e l l a s , p r o t e c t i n g c i t i z e n ’s
c o n s t i t u t i o n a l r i g h t s , r e g a r d l e s s o f r a c e , c o l o r , e t h n i c i t y , n a t i o n a l o r i g i n , a g e , g e n d e r , s e x u a l
o r i e n t a t i o n , r e l i g i o n , d i s a b i l i t y , o r e c o n o m i c s t a t u s . B e c a u s e o f t h e n a t u r e o f o u r l a w e n f o r c e m e n t
p r o f e s s i o n , p o l i c e o f f i c e r s a r e r e q u i r e d t o b e o b s e r v a n t , t o i d e n t i f y u n u s u a l o c c u r r e n c e s , s u s p i c i o u s
b e h a v i o r , a n d l a w v i o l a t i o n s , t a k i n g a p p r o p r i a t e a n d r e a s o n a b l e l a w e n f o r c e m e n t a c t i o n . I t i s t h i s
p r o a c t i v e e n f o r c e m e n t t h a t p r e v e n t s c r i m e , k e e p s o u r c i t i z e n s f r e e f r o m c r i m e , o u r c i t y s t r e e t s s a f e ,
a n d t h a t d e t e c t s a n d a p p r e h e n d s c r i m i n a l s . T h i s a g e n c y p o l i c y i s i n t e n d e d t o a c c o m p l i s h o u r p o l i c e
m i s s i o n , w h i l e e n f o r c i n g t h e l a w a n d a r r e s t i n g c r i m i n a l s w i t h i n c o n s t i t u t i o n a l r e s t r i c t i o n s .
W h i l e c r i m i n a l b e h a v i o r p r o f i l i n g c a n b e a u s e f u l i n v e s t i g a t i v e t o o l t o a s s i s t l a w e n f o r c e m e n t
o f f i c e r s i n c a r r y i n g o u t t h e i r d u t i e s , p e a c e o f f i c e r s a r e p r o h i b i t e d f r o m e n g a g i n g i n r a c i a l p r o f i l i n g .
I n s t e a d , p o l i c e o f f i c e r s s h o u l d f o c u s o n a p e r s o n ’s b e h a v i o r , c o n d u c t , o r o t h e r f a c t u a l i n f o r m a t i o n .
T h e y s h o u l d n o t l e t t h e i r p e r s o n a l b i a s o r p r e j u d i c e s i n t e r f e r e w i t h t h e i r p r o f e s s i o n a l p e r f o r m a n c e a s
a p e a c e o f f i c e r . O f f i c e r s m u s t h a v e r e a s o n a b l e s u s p i c i o n s u p p o r t e d b y s p e c i f i c a r t i c u l a t e d f a c t s t h a t
t h e p e r s o n i s c o m m i t t i n g , h a s c o m m i t t e d , o r i s a b o u t t o c o m m i t a c r i m e , o r i s p r e s e n t i n g a t h r e a t t o
t h e s a f e t y o f t h e m s e l v e s o r o t h e r s . E m p l o y e e s s h a l l t r e a t a l l c i t i z e n s w i t h f a i r n e s s , r e s p e c t , a n d
d i g n i t y . Police Officers should always conduct themselves in a dignified, respectful and
professional manner at all times when interacting with the public.
P o l i c y :
I t i s t h e p o l i c y o f t h e K e n n e d a l e P o l i c e D e p a r t m e n t t o p o l i c e i n a p r o a c t i v e m a n n e r , t o a g g r e s s i v e l y
i n v e s t i g a t e s u s p i c i o u s p e r s o n s , v e h i c l e s , a n d c i r c u m s t a n c e s , w h i l e a c t i v e l y e n f o r c i n g t h e m o t o r
v e h i c l e t r a f f i c l a w s . O f f i c e r s s h a l l a c t i v e l y e n f o r c e s t a t e a n d f e d e r a l l a w s i n a r e s p o n s i b l e a n d
p r o f e s s i o n a l m a n n e r , w i t h o u t r e g a r d t o a p e r s o n ’s r a c e , e t h n i c i t y o r n a t i o n a l o r i g i n . H o w e v e r ,
a g e n c y p o l i c y s t r i c t l y p r o h i b i t s o u r p o l i c e o f f i c e r s f r o m e n g a g i n g i n r a c i a l p r o f i l i n g a s d e f i n e d b y
s t a t e l a w . T h i s p o l i c y s h a l l b e a p p l i c a b l e t o a l l p e r s o n s , w h e t h e r d r i v e r s , p a s s e n g e r s o r p e d e s t r i a n s .
P r o c e d u r e :
A.Bias Based Profiling Prohibited : Kennedale’s police officers are strictly prohibited from
engaging in bias based profiling including racial profiling in traffic contacts, field
contacts, and in asset seizure and forfeiture efforts. Officers profiling individuals based
on ethnic background, color, gender, sexual orientation, religion, economic status, age,
cultural group, physical impairment or any other identifiable group in the performance of
their official law enforcement duties are legally, morally, and ethically wrong.
R a c i a l p r o f i l i n g i s p r o h i b i t e d b y b o t h s t a t e / f e d e r a l l a w s . R a c i a l p r o f i l i n g s e r v e s n o
l e g i t i m a t e l a w e n f o r c e m e n t p u r p o s e . I t l e a d s t o a l l e g a t i o n s o f v i o l a t i o n s o f t h e
c o n s t i t u t i o n a l r i g h t s o f t h e c i t i z e n s w e s e r v e , w h i l e u n d e r m i n i n g l e g i t i m a t e l a w e n f o r c e m e n t
o b j e c t i v e s . A d d i t i o n a l l y , r a c i a l p r o f i l i n g a l i e n a t e s c i t i z e n s , d e s t r o y s p u b l i c t r u s t o f l a w
e n f o r c e m e n t , a n d i n v i t e s m e d i a s c r u t i n y , l e g i s l a t i v e a c t i o n , a n d j u d i c i a l i n t e r v e n t i o n
The prohibition against profiling does not preclude the use of race, ethnicity, or national
origin as factors in a detention decision. Race, ethnicity, or national origin may be
legitimate factors in such a detention when used in part as a description of a criminal
suspect or witnesses for whom a police officer is searching.
1 .P o l i c e p r a c t i c e s , k n o w n a s r a c i a l p r o f i l i n g , a r e u n l a w f u l . O f f i c e r s p r a c t i c i n g r a c i a l
p r o f i l i n g a r e g u i l t y o f d i s c r i m i n a t i o n b y r a c e , w h i c h i s a v i o l a t i o n o f s t a t e / f e d e r a l l a w s .
2 .A c t s c o n s t i t u t i n g r a c i a l p r o f i l i n g m a y i n c l u d e : a p o l i c e o f f i c e r e n g a g i n g i n p r e -t e x t u a l
m o t o r v e h i c l e c o n t a c t s o f m i n o r i t i e s , w i t h t h e i n t e n t o f s e a r c h i n g t h e d r i v e r a n d
o c c u p a n t s f o r c o n t r a b a n d , s u c h a s d r u g s ; o r d e t a i n i n g t h e d r i v e r o f a v e h i c l e b a s e d o n t h e
d e t e r m i n a t i o n t h a t a p e r s o n o f t h a t r a c e , e t h n i c i t y , o r n a t i o n a l o r i g i n i s u n l i k e l y t o o w n o r
p o s s e s t h a t s p e c i f i c m a k e o r m o d e l o f v e h i c l e ; o r s t o p p i n g a y o u n g b l a c k m a l e w h o i s
o b s e r v e d i n a p r e d o m i n a n t l y w h i t e n e i g h b o r h o o d .
3 .O f f i c e r s s h o u l d f o c u s t h e i r e n f o r c e m e n t o r i n v e s t i g a t i v e e f f o r t s u p o n c r i m i n a l b e h a v i o r
o r c o n d u c t , n o t o n e ’s r a c e , e t h n i c i t y , o r g e n d e r . H o w e v e r , i t i s n o t i l l e g a l t o u s e r a c e a s
d e s c r i p t i v e i n f o r m a t i o n , s u c h a s a r o b b e r y s u s p e c t d e s c r i p t i o n - y o u n g b l a c k m a l e , 6 ’5 ”,
1 8 5 l b s ., w e a r i n g a r e d j a c k e t , a n d s i l v e r D a l l a s C o w b o y ’s b a s e b a l l c a p . (T B P 2 .0 1 )
B .C o m p l a i n t P r o c e s s :
1.Any individual may file a complaint with the Chief of Police, if the individual
believes that a Kennedale Police Officer has engaged in racial profiling with respect
to the individual. No person shall be discouraged, intimidated, or coerced from filing
such a complaint or discriminated against because they filed such a complaint.
2.To make a compliment or complaint with respect to each ticket, citation, or warning
issued by a police officer, send to the following:
Chief of Police
401 Municipal Dr.
Kennedale, Texas 76060
817-985-2160
E-mail – twilliams@cityofkennedale.com
3 .T h e K e n n e d a l e P o l i c e D e p a r t m e n t s h a l l a c c e p t a n d i n v e s t i g a t e c i t i z e n c o m p l a i n t s
a l l e g i n g r a c i a l p r o f i l i n g b y i t s p o l i c e o f f i c e r s i n t h e s a m e c o n s i s t e n t m a n n e r a s o t h e r
c o m p l a i n t s o f p o l i c e m i s c o n d u c t . S u c h c o m p l a i n t s m u s t b e i n w r i t i n g , i n c l u d i n g t h e
i d e n t i t y o r d e s c r i p t i o n o f t h e o f f i c e r , d a t e , t i m e , p l a c e a n d d e t a i l s o f t h e a l l e g e d i n c i d e n t
o f r a c i a l p r o f i l i n g .
4 .A n y p o l i c e o f f i c e r , c i t y e m p l o y e e , o r c i t y o f f i c i a l w h o r e c e i v e s a c i t i z e n c o m p l a i n t
a l l e g i n g r a c i a l p r o f i l i n g s h a l l d i r e c t t h e c o m p l a i n t t o t h e C h i e f o f P o l i c e , w h o r e t a i n s t h e
r i g h t t o a s s i g n t h e c o m p l a i n t t o a n i n v e s t i g a t o r , w i t h i n o r o u t s i d e t h e p o l i c e d e p a r t m e n t ,
i n c l u d i n g t h e T a r r a n t C o u n t y S h e r i f f ’s D e p a r t m e n t , T a r r a n t C o u n t y D i s t r i c t A t t o r n e y ,
T e x a s R a n g e r s , T e x a s A t t o r n e y G e n e r a l , o r F B I .
5 .T h e a c c u s e d o f f i c e r w i l l b e g i v e n t h e o p p o r t u n i t y t o r e s p o n d , i n w r i t i n g , t o t h e c i t i z e n ’s
a l l e g a t i o n s . D e p e n d i n g u p o n t h e c i r c u m s t a n c e s a n d f a c t s , t h e i n v e s t i g a t i o n m a y b e
e i t h e r a d m i n i s t r a t i v e , c r i m i n a l , o r b o t h .
6.The investigator shall seek to determine if the accused officer has 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.
7.The investigator shall record findings supporting sustained, unfounded, or exonerated.
Any recommendations for disciplinary action or changes in policy, training, or patrol
tactics should be included.
8 .I f a c o m p l a i n t i n v o l v e s a n a u d i o / v i d e o r e c o r d i n g , t h e C h i e f o f P o l i c e s h a l l , u p o n
c o m m e n c e m e n t o f t h e i n v e s t i g a t i o n a n d w r i t t e n r e q u e s t o f t h e o f f i c e r , p r o v i d e a c o p y o f
t h e r e c o r d i n g t o t h e a c c u s e d p o l i c e o f f i c e r .
9 .T h e C h i e f o f P o l i c e w i l l a c k n o w l e d g e i n w r i t i n g r e c e i p t o f t h e c o m p l a i n t . U p o n
c o n c l u s i o n o f t h e i n v e s t i g a t i o n , t h e C h i e f o f P o l i c e s h a l l n o t i f y t h e c o m p l a i n a n t o f t h e
f i n a l r e s u l t s . I f a r a c i a l p r o f i l i n g c o m p l a i n t i s s u s t a i n e d a g a i n s t a n o f f i c e r , i t w i l l r e s u l t i n
a p p r o p r i a t e c o r r e c t i v e a n d /o r d i s c i p l i n a r y a c t i o n , a s d i r e c t e d b y t h e C h i e f o f P o l i c e . T h e
C h i e f o f P o l i c e w i l l m a k e t h e f i n a l d e t e r m i n a t i o n a b o u t t h e d i s p o s i t i o n o f a n y c o m p l a i n t .
C .P u b l i c E d u c a t i o n :
1 .T h e C h i e f o f P o l i c e i s r e s p o n s i b l e t o p r o v i d e p u b l i c e d u c a t i o n r e l a t i n g t o t h e a g e n c y ’s
c o m p l i a n t p r o c e s s .
2 .T h i s p u b l i c a w a r e n e s s e f f o r t m a y i n c l u d e , b u t i s n o t l i m i t e d : t o n e w s m e d i a , r a d i o , c i v i c
c l u b p r e s e n t a t i o n s , c i t i z e n p o l i c e a c a d e m i e s , t h e i n t e r n e t , p r i n t e d p a m p h l e t s , a s w e l l a s ,
c i t y c o u n c i l m e e t i n g s .
D.Corrective Action :
1.The Kennedale Police Department does not condone the practice of racial profiling. Any peace officer
who is found to have engaged in racial profiling shall be subject to corrective action as deemed
appropriate by the Chief of Police.
2.Depending upon the facts and circumstances, corrective action may include cultural diversity and
racial sensitivity training, employee counseling, disciplinary action, and/or dismissal.
E .M o t o r V e h i c l e C o n t a c t D a t a C o l l e c t i o n & R e p o r t i n g :
1 .T h e K e n n e d a l e P o l i c e D e p a r t m e n t c o l l e c t s r a c i a l p r o f i l i n g d a t a .
2 .P a t r o l o f f i c e r s a r e r e q u i r e d t o r e c o r d t h e f o l l o w i n g i n f o r m a t i o n r e l a t i n g t o m o t o r v e h i c l e
c o n t a c t s , r e s u l t i n g i n a c i t a t i o n o r a r r e s t : t h e v i o l a t o r ’s r a c e o r e t h n i c i t y , w h e t h e r a
s e a r c h w a s c o n d u c t e d , a n d i f s o , w a s t h e s e a r c h c o n s e n s u a l .
3.Whether the peace officer knew the race or ethnicity of the individual detained before
detaining that individual.
4.Whether the peace officer used physical force that resulted in bodily injury, as that
term is defined by Section 1.07, Penal Code (“means physical pain, illness, or any
impairment of physical condition), during the contact;
a. The location of the contact, and
b. The reason for the contact
c. Complete the Use of Force Report as required.
5 . W h i l e t h i s i n f o r m a t i o n m a y b e g a t h e r e d i n v a r i o u s w a y s , i n c l u d i n g m o b i l e d a t a
t e r m i n a l s , h a n d -h e l d d e v i c e s , r e p o r t s , p a t r o l o f f i c e r s s h a l l r e c o r d t h i s i n f o r m a t i o n o n
(C A D ) O S S I .
6. Race or Ethnicity: The following categories must be used:
o White (W)
o Black (B)
o Hispanic or Latino (H)
o Asian or Pacific Islander (A)
o Alaska Native or American Indian (AI)
o Middle Eastern (ME)
o There is no “other” category.
You must identify someone’s race or ethnicity to the best of your ability using one of
these categories
7. Data Fields: Information that must be collected.
Initial Reason for Contact?
Free text field that defaults to same reason as offense
Race – W, B, H, A, AI, ME
Officer Knew Race Prior to Contact?
Yes or No
Search Type?
No Search (default)
Consent
Plain View
Probable Cause (includes a search warrant or K9 hit)
Incident to Arrest
Inventory
Contraband?
None found
Drugs
Weapons
Other Contraband
Arrest?
Yes
No (default)
Arrest based on:
Penal Code Violation
Traffic Law Violation
City Ordinance Violation
Outstanding Warrant
Offense Charged:
Free text field
Use of Force Resulting in Bodily Injury?
Yes
No (default)
If an officer elects to complete a motor vehicle contact with a verbal warning, a response
must still be entered into all of the required racial profiling fields in CAD.
It is not necessary to enter the vehicle information unless it is specifically relevant to the
warning being issued.
F . A n n u a l A d m i n i s t r a t i v e R e v i e w / R e p o r t : A n n u a l l y , t h i s a d m i n i s t r a t i o n s h a l l r e v i e w a g e n c y
p r a c t i c e s r e l a t e d t o m o t o r v e h i c l e c o n t a c t s . O n e p u r p o s e o f t h i s a d m i n i s t r a t i v e r e v i e w i s t o
i d e n t i f y a n y v i o l a t i o n s r e l a t e d t o t h i s w r i t t e n d i r e c t i v e , s t a t e , o r f e d e r a l l a w s , i n c l u d i n g t r a i n i n g
d e f i c i e n c i e s .
1 .A s p a r t o f t h e A n n u a l P o l i c e R e p o r t , t h e C h i e f o f P o l i c e s h a l l r e p o r t t o t h e K e n n e d a l e
C i t y C o u n c i l a s t a t i s t i c a l s u m m a r y o f m o t o r v e h i c l e c o n t a c t s , r e s u l t i n g i n a c i t a t i o n ,
a r r e s t , a n d /o r s e a r c h .
2 .T h e i n f o r m a t i o n c o l l e c t e d s h a l l b e c o m p i l e d i n a n a n n u a l r e p o r t c o v e r i n g t h e p e r i o d
J a n u a r y 1 t h r o u g h D e c e m b e r 3 1 o f e a c h y e a r , a n d s h a l l b e s u b m i t t e d t o t h e K e n n e d a l e
C i t y C o u n c i l n o l a t e r t h a n M a r c h 1 o f t h e f o l l o w i n g y e a r .
3 .T h e a g e n c y s h a l l r e v i e w t h e d a t a c o l l e c t e d u n d e r S u b s e c t i o n (b ) (6 ) t o i d e n t i f y a n y
i m p r o v e m e n t s t h e a g e n c y c o u l d m a k e i n i t s p r a c t i c e s a n d p o l i c i e s r e g a r d i n g m o t o r
v e h i c l e c o n t a c t s .
4 .T h e r e p o r t w i l l c o n t a i n r e q u i r e d i n f o r m a t i o n , i n c l u d i n g :
N u m b e r o f c i t a t i o n s b y r a c e o r e t h n i c i t y ;
N u m b e r o f c i t a t i o n s r e s u l t i n g i n a s e a r c h ;
N u m b e r o f c o n s e n s u a l s e a r c h e s ; a n d
N u m b e r o f c i t a t i o n s r e s u l t i n g i n c u s t o d i a l a r r e s t .
5 .T h e a n n u a l r e p o r t s h a l l n o t i n c l u d e i d e n t i f y i n g i n f o r m a t i o n a b o u t a n y i n d i v i d u a l s t o p p e d
o r a r r e s t e d , a n d s h a l l n o t i n c l u d e i d e n t i f y i n g i n f o r m a t i o n a b o u t a n y p o l i c e o f f i c e r
i n v o l v e d i n a m o t o r v e h i c l e c o n t a c t o r a r r e s t .
6 .T h i s d a t a c o l l e c t e d a s a r e s u l t o f r e p o r t i n g r e q u i r e m e n t s (S t a t e L a w ) s h a l l n o t c o n s t i t u t e
p r i m a f a c i a e v i d e n c e o f r a c i a l p r o f i l i n g !
G . A u d i o a n d V i d e o E q u i p m e n t :
1 .A s p a r t o f t h e n e w “r a c i a l p r o f i l i n g ” l a w , l a w e n f o r c e m e n t a g e n c i e s w e r e e n c o u r a g e d t o
i n s t a l l v i d e o / a u d i o c a m e r a s i n e v e r y p a t r o l v e h i c l e t o e n s u r e o f f i c e r a c c o u n t a b i l i t y . I f
p a t r o l v e h i c l e s a r e e q u i p p e d w i t h m o b i l e v i d e o / a u d i o r e c o r d i n g e q u i p m e n t , t h e a g e n c y
i s e x e m p t f r o m c o m p i l i n g i n f o r m a t i o n c o n t a i n e d i n A r t i c l e s 2 .1 3 3 a n d 2 .1 3 4 .
T h e f e a s i b i l i t y o f e q u i p p i n g e a c h o f f i c e r w h o r e g u l a r l y d e t a i n s o r s t o p s m o t o r v e h i c l e s
w i t h a b o d y w o r n c a m e r a , a s t h e t e r m i s d e f i n e d b y S e c t i o n 1 7 0 1 .6 5 1 , O c c u p a t i o n C o d e
w i l l b e e x a m i n e d .
2 .T h i s a d m i n i s t r a t i o n h a s g o n e t o g r e a t e x p e n s e i n s t a l l i n g M V R s y s t e m s i n a l l p a t r o l
v e h i c l e s t o a c c o m p l i s h t h e m a n y p a t r o l o b j e c t i v e s , i n c l u d i n g o f f i c e r a c c o u n t a b i l i t y ,
d o c u m e n t a t i o n , e v i d e n c e , a n d t r a i n i n g .
3 .A l l m o t o r v e h i c l e c o n t a c t s s h a l l b e r e c o r d e d . D u r i n g m o t o r v e h i c l e c o n t a c t s , M V R
e q u i p m e n t s h a l l a u t o m a t i c a l l y a c t i v a t e a n d r e m a i n o n u n t i l t h e m o t o r v e h i c l e c o n t a c t i s
t e r m i n a t e d .
4 .I f a c o m p l a i n t i s f i l e d w i t h t h i s d e p a r t m e n t , t h e a g e n c y s h a l l r e t a i n t h a t v i d e o t a p e u n t i l
f i n a l d i s p o s i t i o n o f t h e c o m p l a i n t .
5 .F i r s t -L i n e S u p e r v i s o r s w i l l e n s u r e t h a t p a t r o l o f f i c e r s a r e r e c o r d i n g t h e i r m o t o r v e h i c l e
c o n t a c t s , i n c o m p l i a n c e w i t h a g e n c y p o l i c y , a s w e l l a s , s t a t e l a w . F i r s t -L i n e S u p e r v i s o r s
a r e r e s p o n s i b l e t o p e r i o d i c a l l y r e v i e w t h e v i d e o s , m o n i t o r i n g t h e p e r f o r m a n c e o f p a t r o l
o f f i c e r s , a n d t a k i n g c o r r e c t i v e m e a s u r e s , a s w a r r a n t e d , t o p r e v e n t a n y p o l i c e m i s c o n d u c t ,
i n c l u d i n g r a c i a l p r o f i l i n g . F i r s t -L i n e S u p e r v i s o r s a r e r e q u i r e d t o r e v i e w a t l e a s t t h r e e
r a n d o m v i d e o s e a c h q u a r t e r (3 m o n t h s ) p e r o f f i c e r . W h e n c o n d u c t i n g r a n d o m ,
q u a r t e r l y , s u p e r v i s o r y r e v i e w s o f o f f i c e r ’s v i d e o , r e v i e w t h e f o o t a g e i n a m a n n e r
i n t e n d e d t o g a i n a n u n d e r s t a n d i n g o f t h a t o f f i c e r ’s p e r f o r m a n c e a n d a d h e r e n c e t o p o l i c y
a n d l a w . A l l a u d i o /v i d e o r e c o r d i n g s o f a r a c i a l p r o f i l e u s e o f f o r c e w i l l b e i n v e s t i g a t e d
a n d s a v e d .
6 .A n y e v i d e n c e o f r a c i a l p r o f i l i n g o r p o l i c e m i s -c o n d u c t , t h e F i r s t -L i n e S u p e r v i s o r w i l l
f o r w a r d t h e v i d e o t a p e t o t h e C h i e f o f P o l i c e f o r c o r r e c t i v e m e a s u r e s , i n c l u d i n g
s a n c t i o n s .
H .R a c i a l P r o f i l i n g T r a i n i n g : A l l o f f i c e r s , i n c l u d i n g t h e C h i e f o f P o l i c e , a r e r e s p o n s i b l e t o
a d h e r e t o t h e T e x a s C o m m i s s i o n o n L a w E n f o r c e m e n t (T C O L E ) a n d t h e L a w E n f o r c e m e n t
M a n a g e m e n t I n s t i t u t e o f T e x a s (L E M I T ) t r a i n i n g a n d e d u c a t i o n r e q u i r e m e n t s , a s m a n d a t e d
b y s t a t e l a w .
1 .A l l o f f i c e r s s h a l l c o m p l e t e a T C O L E t r a i n i n g a n d e d u c a t i o n p r o g r a m o n r a c i a l p r o f i l i n g ,
i n a c c o r d a n c e w i t h s t a t e l a w .
2 .T h e C h i e f o f P o l i c e w i l l b e r e q u i r e d t o a t t e n d t h e L E M I T p r o g r a m o n r a c i a l p r o f i l i n g .
T o m m y W i l l i a m s B P 2 .0 1
C h i e f o f P o l i c e
Complaint Process: Informing the
Public and Addressing Allegations of
Racial Profiling Practices
Informing the Public on the Process of Filing a Racial Profiling Complaint with the
Kennedale Police Department
The Texas Racial Profiling Law requires that police agencies provide information to the
public regarding the manner in which to file a racial profiling complaint. In an effort to comply
with this particular component, the Kennedale 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 complaint on a racial profiling violation by a Kennedale Police officer. 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.
Racial Profiling Training
Racial Profiling Training
Since 2002, all Kennedale 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 Kennedale Police Department have completed the TCOLE basic training on
racial profiling. The main outline used to train the officers of Kennedale has been included in
this report.
It is important to recognize that the Chief of the Kennedale 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 Kennedale Police Department fulfills the training
requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law.
Racial Profiling
Course Number 3256
Texas Commission on Law Enforcement
September 2001
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
1. Definition of what constitutes racial profiling
2. Prohibition of racial profiling
3. Complaint process
4. Public education
5. Corrective action
6. Collection of traffic-stop statistics
7. Annual reports
B. Not prima facie evidence
C. Feasibility of use of video equipment
D. Data does not identify officer
E. Copy of complaint-related video evidence to officer in question
F. Vehicle stop report
1. Physical description of detainees: gender, race or ethnicity
2. Alleged violation
3. Consent to search
4. Contraband
5. Facts supporting probable cause
6. Arrest
7. Warning or citation issued
G. Compilation and analysis of data
H. Exemption from reporting – audio/video equipment
I. Officer non-liability
J. Funding
K. Required training in racial profiling
1. Police chiefs
2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001
(training to be completed no later than 09/01/2003) – see legislation 77R-SB1074
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
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://tlo2.tlc.state.tx.us/tlo/77r/billtext/SB01074F.htm
Report on Complaints
Report on Complaints
The following table contains data regarding officers that have been the subject of a complaint,
during the time period of 1/1/17---12/31/17, based on allegations outlining possible violations
related to the Texas Racial Profiling Law. The final disposition of the case is also included.
X
A check above indicates that the Kennedale 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 1/1/17 ---- 12/31/17.
Complaints Filed for Possible Violations of The Texas Racial Profiling Law
Complaint
No.
Alleged Violation Disposition of the Case
Additional Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Tables Illustrating Traffic and Motor
Vehicle-Related Contacts
Tier 1 Data
(I) Tier 1 Data
Motor Vehicle-Related Contact Information (1/1/17 —12/31/17)
Race/Ethnicity*Contacts Searches Consensual
Searches
PC Searches Custody
Arrests
N %N %N %N %N %
Caucasian 1,293 55 113 45 33 53 32 32 45 50
African 509 22 80 32 18 29 43 43 21 24
Hispanic 471 20 52 21 11 18 23 23 21 24
Asian 63 3 2 .8 0 0 1 1 1 1
Native
American
2 .08 0 0 0 0 0 0 0 0
Middle Eastern 6 .3 1 .4 0 0 0 0 1 1
Other 1 .04 1 .4 0 0 0 0 0 0
Total 2,345 100 249 100 62 100 99 100 89 100
“N” represents “number” of traffic-related contacts
* Race/Ethnicity is defined by Senate Bill 1074 as being of a “particular descent, including Caucasian, African,
Hispanic, Asian, Native American or Middle Eastern”.
**Figure has been rounded
Motor Vehicle Contacts
0
10
20
30
40
50
60
Caucasian African Hispanic Asian Native American Middle Eastern Other
Tier 1 Data (Motor Vehicle Contacts in Percentages)
Searches Consent PC
0
20
40
60
80
100
120
Caucasian African Hispanic Asian Native American Middle Eastern Other
Tier 1 Data (Frequency of Searches)
Arrests
0
10
20
30
40
50
60
Caucasian African Hispanic Asian Native American Middle Eastern Other
Tier 1 Data (Arrests in Percentages)
Total Number of Instances where Officers Knew/did not Know Race/Ethnicity of Individuals
Before Being Detained (1/1/17--12/31/17)
Total Number of
Instances where Officers
Knew Race and Ethnicity
of Individuals Before
Being Detained
Total Number of
Instances where Officers
Did Not Know the Race
and Ethnicity of
Individuals Before Being
Detained
216 2,129
Race/Ethnicity
0
500
1000
1500
2000
2500
Known Not Known
Known Race/Ethnicity (Frequencies)
Tier 1 (Partial Exemption TCLEOSE Form)
Partial Exemption Racial Profiling Reporting (Tier 1)
Department Name: Kennedale Police Department
Agency Number: 2201700
Chief Administrator Name: Tommy Williams
Reporting Name: Tommy Williams
Contact Number: 817.985.2161
E-mail Address: twilliams@cityofkennedale.com
Certification to Report 2.132 (Tier 1) – Partial Exemption
Policy Requirements (2.132(b) CCP): 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 stops in
which a citation 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; 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 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.
These polices are in effect
Chief Tommy Williams
Chief Administrator
Date: February 8, 2018
Partial Exemption Racial Profiling Reporting
(Tier 1)
Video and Audio Equipment Exemption
Partial Exemption Claimed by (2.135(a) CCP):
X all cars regularly used for motor vehicle stops are equipped with
video camera and transmitter-activated equipment and each motor
stop is recorded and the recording of the stop is retained for at least
90 days after the stop.
OR
□ In accordance with 2.135(a)(2) the agency has requested and not
received funds to install the recording equipment
I claim this exemption
Chief Tommy Williams
Chief Administrator
Date: February 8, 2018
Partial Exemption Racial Profiling Reporting (Tier 1)
(This is the TCLEOSE recommended form. The form is not
mandatory. The information contained in this form, however, is
mandatory. You may use your form, but all information must be
provided.)
If you claim a partial exemption you must submit a report that contains the following data
or use this format to report the data.
Instructions: Please fill out all boxes. If zero, use 0.
1. Total on lines 4, 11, 14, and 17 Must be equal
2. Total on line 20 Must equal line 15
Number of Motor Vehicle Stops:
1. 1188 citation only
2. 180 arrest only
3. 27 both
4.1,395 Total
Race or Ethnicity:
5. 509 African
6. 63 Asian
7. 1293 Caucasian
8. 471 Hispanic
9. 6 Middle Eastern
10. 2 Native American
1 Other
11. 2,345Total
Race or Ethnicity Known Prior to Stop?
12. 216 Yes
13. 2,129 No
14. 2,345 Total
Search Conducted:
15. 249 Yes
16. 2096 No
17. 2,345 Total
Was Search Consented?
18. 62 Yes
19. 187 No
20. 249 Total (Must Equal # 15)
Option to submit required data by utilizing agency
report
You must submit your report in PDF format
Electronic Submission of data required by 2.132(b)(6) CCP
(6) require collection of information relating to motor vehicle stops in
which a citation 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; and
This report meets the above requirements
Chief Tommy Williams February 8, 2018
Chief Administrator Date
Send entire documents electronically to this website
www.tcleose.state.tx.us
Tier 1 Baseline Comparison
(Fair Roads Standard)
(II) Motor Vehicle-Contacts and Fair Roads Standard Comparison
Comparison of motor vehicle-related contacts with households in DFW that have vehicle access
(in percentages). (1/1/17 —12/31/17)
Race/Ethnicity*Contacts
(in percentages)
Households with vehicle
access (in percentages)
Caucasian 55 60
African 22 14
Hispanic 20 19
Asian 3 5
Native American .08 N/A
Middle Eastern .3 N/A
Other .04 N/A
Total 100 98**
* Race/Ethnicity are defined by Senate Bill 1074 as being of a “particular descent, including Caucasian, African,
Hispanic, Asian, Native American and Middle Eastern”.
**Represents rounded figure
Caucasian African Hispanic Asian Native
American
Middle Eastern Other
0
10
20
30
40
50
60
70
Contacts Households
Motor Vehicle Contacts and Households
(Percentages) 2017
Analysis and Interpretation of Data
Analysis
In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial
Profiling Law. That is, the law came into effect on January 1, 2002 and required all police
departments in Texas, to collect traffic-related data and report this information to their local
governing authority by March 1 st 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 the individual before detaining
them. Further, it is required that agencies report motor vehicle related data to their local
governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1st
of each year. The purpose in collecting and presenting 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 stated previously, in 2009, the Texas Legislature passed House Bill 3389, which
modified the existing Racial Profiling Law by adding new requirements; this took effect on
January 1st, 2010. These most recent changes include, but are not exclusive of, the re-definition
of a contact to include motor vehicles where a citation was issued or an arrest made. In addition,
it requires police officers to indicate if they knew the race or ethnicity of the individual before
detaining them. Also, the 2009 law requires adding "middle eastern" to the racial and ethnic
category and submitting the annual data report to TCOLE before March 1st of each year. I am
pleased to inform you that these additional requirements have been addressed, since 2009, by the
Kennedale Police Department as it is demonstrated throughout this report.
In 2017, the Texas Legislators passed H.B. 3051 which removed the Middle Eastern data
requirement but standardized 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. That is, the most significant legislative act in Texas history regarding future data
requirements on law enforcement contacts, became law and effective January 1, 2018. All future
reports will contain more extensive data entries and analysis as well as records regarding audits
and the analysis of searches, as required by law.
In an effort to comply with The Texas Racial Profiling Law, the Kennedale Police
Department commissioned the analysis of its 2017 motor vehicle contact data. Thus, two
different types of data analyses were performed. The first of these involved a careful evaluation
of the 2017 motor vehicle-related data. This particular analysis measured, as required by the
law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native
Americans, Middle Easterners and individuals belonging to the “other” category, that came in
contact with the police in the course of a motor vehicle related contact, and were either issued a
citation or arrested. Further, the analysis included information relevant to the number and
percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or
probable cause). Also, the data analysis included the number and percentage of individuals who,
after they came in contact with the police for a motor vehicle-related reason, were arrested.
The additional data analysis performed was based on a comparison of the 2017 motor
vehicle contact data with a specific baseline. When reviewing this particular analysis, it should
be noted 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 Kennedale 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 clear 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 Kennedale Police Department in 2017 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 Kennedale Police Department made a decision that it would use 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 1 (2017) Motor Vehicle-Related Contact Analysis
When analyzing the Tier 1 data collected in 2017, it was evident that most motor vehicle-
related contacts were made with Caucasian drivers. This was followed by African American and
Hispanic drivers. With respect to searches, most of them were performed on Caucasian drivers.
This was followed by African Americans and Hispanics. It is important to note that the arrest
data revealed that Caucasian drivers were arrested the most in motor vehicle-related contacts;
this was followed by African Americans and Hispanics.
Fair Roads Standard 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 individuals of African American
and Hispanic descent that came in contact with the police was higher than the percentage of
African American and Hispanic households in DFW that claimed, in the 2010 census, to have
access to vehicles. With respect to Caucasians and Asians, a lower percentage of contacts were
detected. That is, the percentage of Caucasian and Asian drivers that came in contact with the
police in 2017 was lower than the percentage of Caucasian and Asian households in DFW with
access to vehicles.
Summary of Findings
The comparison of motor vehicle contacts showed that the Kennedale Police Department
came in contact (in motor vehicle-related incidents) with a smaller percentage of Caucasian and
Asian drivers than the percentage that resided in DFW and had access to vehicles. Further, the
data suggested that the percentage of African American and Hispanic drivers that came in
contact with the police in 2017 was higher than the percentage of African American and
Hispanic households in DFW with access to vehicles. In addition, the data showed that in a large
number of instances, officers did not know the race or ethnicity of individuals before detaining
them, when compared to instances where officers knew the race/ethnicity of individuals before
they were detained.
While considering the findings made in this analysis, it is recommended that the
Kennedale 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; particularly with African Americans and Hispanics. Although this
additional data may not be required by state law, it is likely to provide insights regarding the
nature and outcome of all motor vehicle contacts made with the public.
As part of this effort, the Kennedale Police Department is now required by law to:
1)Perform an independent search analysis on the search data collected throughout
2018.
2)Commission data audits in 2017 in order to assess data integrity; that is, to ensure
that the data collected is consistent with the data being reported.
The Kennedale Police Department has complied with the Texas Racial Profiling Law.
(III) Summary
Checklist
Checklist
The following requirements were met by the Kennedale Police Department in accordance with
The Texas Racial Profiling Law:
Clearly defined act or actions that constitute racial profiling
Statement indicating prohibition of any peace officer employed by the
Kennedale Police Department from engaging in racial profiling
Implement a process by which an individual may file a complaint regarding racial profiling
violations
Provide public education related to the complaint process
Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling
Law
Collect data (Tier 1) that includes information on
a)Race and ethnicity of individual detained
b)Whether a search was conducted
c)If there was a search, whether it was a consent search or a probable cause search
d)Whether a custody arrest took place
Indicate total number of officers who knew and did not know, the race/ethnicity of
individuals before being detained.
Produce an annual report on police contacts (Tier 1) and present this to local governing body
and TCOLE by March 1, 2018.
Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and
audio documentation
Contact Information
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.
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: DECISION ITEMS - A.
I. Subject:
Presentation by City Secretary of Certifications of Citizens Petitions for recall under Article XI of the City
Charter
II. Originated by:
Leslie Galloway, City Secretary & Communications Coordinator
III. Summary:
City Secretary and Communications Coordinator Leslie Galloway will present the certifications of the
citizens petitions to City Council, calling for the recall of Councilmembers Jan Joplin and Sandra Lee.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.City Sec Certification Certification_CS_2018Petition.pdf
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: DECISION ITEMS - B.
I. Subject:
Consider approval of Resolution 516, calling a Special Election for May 5, 2018, pursuant to Article XI of
the City Charter
II. Originated by:
Leslie Galloway, City Secretary & Communications Coordinator
III. Summary:
At this time, Council will consider calling a Special Election, in response to the citizens petitions,
regarding the recall of Councilmember Sandra Lee, Place 3 and Mayor Pro Tem Jan Joplin, Place 5.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.R516 2018 Special Recall Election R516 2018 Special Recall Election_FEB.pdf
Page 1 of 4
R516 CITY OF KENNEDALE, T X 2018
RESOLUTION NO. 51 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, CALLING A SPECIAL ELECTION TO BE HELD ON MAY 5, 2018 , T O
DETERMINE WHETHER KENNEDALE VOTERS DESIRE TO REMOVE
COUNCILMEMBERS SANDRA LEE , PLACE 3 , AND JAN JOPLIN , PLACE 5
FROM THE CITY COUNCIL ; APPROVING A JOINT ELECTION WITH
TARRANT COUNTY AND ESTABLISHING PROCEDURES FOR THAT
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS , the City of Kennedale, Texas, (the “City”) is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS , pursuant to Article XI of the City Charter recall petition s were
received to call an election for the recall of Sandra Lee, City Council Place 3, and Jan
Joplin, City Council Place 5; and
WHEREAS within twenty (20) days of the filing of the petitions t he City Secretary
completed an examin ation of the petitions and certified the results to the City Council on
January 12 , 20 18 ; and
WHEREAS , the Charter and state law require that a recall election be held on the
next state uniform election date in sufficient time to meet the requirements of law; and
WHEREAS , May 5, 2018 is the next uniform election date; and
WHEREAS , the special election shall be held in conjunction with the general
election for City Council members which will be held on May 5, 2018 ; and
WHEREAS , the election will be held as a joint election, conducted by Tarrant
County under the authority of Chapter 271 of the Texas Election Code (the “Code”); and
WHEREAS , by this Resolution, it is the intention of the City Council to designate a
polling place for the election, to appoint the necessary election officers , to establish and
set forth procedures for conducting the election, and to authorize the Mayor to execute
a contract with Tarrant County for conducting the election.
NOW, THEREFORE, BE IT RESO LVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1. SPECIAL ELECTION CALLED.
An election is hereby called to determine whether Kennedale voters desire to
remove Councilmembers Sandra Lee, Place 3 and Jan Joplin, Place 5 from the City
Council . The election shall be held on May 5 , 201 8, between the hours of 7:00 a.m. and
7:00 p.m. at the Kennedale Community Center , 316 W. 3rd Street, Kennedale, Texas
76060 in conjunction with the general election . The propositions shall read as follows:
Page 2 of 4
R516 CITY OF KENNEDALE, T X 2018
PROPOSITION NO. 1
Yes □ Shall Sandra Lee, Council Person Place 3, be recalled and removed from
No □ o ffice?
PROPOSITION NO. 2
Yes □ Shall Jan Joplin, Council Person Place 5, be recalled and removed from
No □ o ffice?
SECTION 2. JOINT ELECTION AGREEMENT APPROVED.
A Joint Election Agreement between Tarrant County and the City of Kennedale
(the “Agreement”), incorporated herein for all purposes , is hereby approved and the
Mayor is authorized to execute the Agreement. In the event of conflict between this
resolution and the Agreement, the Agreement shall control.
SECTION 3 . EARLY VOTING.
a. Early voting by per sonal appearance. Early voting by personal appearance
shall be conducted beginning April 2 3 , 201 8 , and continue through May 1 ,
201 8 , at the Kennedale Community Center, 316 W. 3rd Street, Kennedale,
Texas 76060 at the following times:
MONDAY, APRIL 23, 2018 8:00 A.M. – 5:00 P.M.
TUESDAY, APRIL 24, 2018 8:00 A.M. – 5:00 P.M.
WEDNESDAY, APRIL 25, 2018 8:00 A.M. – 5:00 P.M.
THURSDAY, APRIL 26, 2018 8:00 A.M. – 5:00 P.M.
FRIDAY, APRIL 27, 2018 8:00 A.M. – 5:00 P.M.
SATURDAY, APRIL 28, 2018 7:00 A.M. – 7:00 P .M.
SUNDAY, APRIL 29, 2018 11:00 A.M. – 4:00 P.M.
MONDAY, APRIL 30, 2018 7:00 A.M. – 7:00 P.M.
TUESDAY, MAY 1, 2018 7:00 A.M. – 7:00 P.M.
Branch offices for early voting by personal appearance shall also be
established as outlined in the Joint Election Ag reement with Tarrant County.
b. Early Voting by Mail. Nathan Neblett , the Tarrant County Elections
Administrator , or his successor, acting pursuant to Texas Government Code §
601.002 (“Election Administrator”), is hereby designated as Early Voting Clerk
for the special election. Applications for early voting by mail may be delivered
not later than the close of business on April 24, 2018 to the Election
Administrator in any of the following ways : via mail to Earl y Voting Clerk, P.O.
Box 961011, Fort Worth, Texas 76161 -0011 ; via courier or hand delivery to
Tarrant County Elections, 2700 Premier St., Fort Worth, Texas 76111 -3011 ;
via fax to 817 -831 -6118 ; or via email to votebymail@tarrantcounty.com .
c. Early Voting Ballot Board. Early voting, both by personal appearance and by
mail, shall be canvassed by the Early Voting Ballot Board established by
Tarrant County under the terms of the Agreement.
Page 3 of 4
R516 CITY OF KENNEDALE, T X 2018
SECTION 4 . APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE.
The Presiding Election Judge and Alternate Presiding Judge shall be appointed
by Tarrant County as authorized by Chapter 271 of the Code.
SECTION 5 . METHOD OF VOTING.
The Agreement shall provide (a) the type of electronic voting equipment to be
used for early voting by personal appearance and on election day, (b) notification and
training for election judges and clerks, (c) an estimate and final payment terms for the
election servic es provided, (d) agreements for early voting equipment and voting
machine rental, and (e) other procedures to conduct the election.
SECTION 6 . GOVERNING LAW AND QUALIFIED VOTERS.
The election shall be held in accordance with the Constitution of the State of
Texas and the Code, and all resident qualified voters of the City shall be eligible to vote
at the election.
SECTION 7 . PUBLICATION AND POSTING OF NOTICE OF ELECTION.
Notice of the election shall be given as required by Chapter 4 of the Code.
S ECTION 8 . NECESSARY ACTIONS .
The Mayor and the City Secretary, in consultation with the City Attorney, are
hereby authorized and directed to take any and all actions necessary to comply with the
provisions of federal and state law in carrying out and conducting the election, whether
or not expressly authorized herein.
SECTION 9 . EFFECTIVE DATE.
This resolution shall be effective upon its adoption.
PASSED AND APPROVED THIS 1 5 th DAY OF F EBRU ARY , 2018.
APPROVED:
______________________________ MAYOR, BRIAN JOHNSON
[CITY SEAL]
Page 4 of 4
R516 CITY OF KENNEDALE, T X 2018
ATTEST:
______________________________
CITY SECRETARY, LESLIE GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY, WAYNE OLSON
Staff Report to th e Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: DECISION ITEMS - C.
I. Subject:
Consider approval of Resolution 517, calling the General Election for May 5, 2018
II. Originated by:
Leslie Galloway, City Secretary & Communications Coordinator
III. Summary:
The City of Kennedale contracts with Tarrant County for general election purposes. There have been
no changes to the contract with Tarrant County since it was made in 2010.
DATES OF IMPORTANCE FOR THE 2018 GENERAL ELECTION INCLUDE:
• Ja nuary 17, 2018: First day to file an application for a place on the general election ballot
• February 16, 2018: Deadline to file an application for place on the ballot (must be received by 5:00 pm);
D eadline for ordering a general election or a special m easure election
• February 20, 2018: Deadline for write -in candidates to file “Declarations of Write -In Candidacy ”
• February 22, 2018: Drawing to determine the order of names on the ballot at 4:30 p.m. in City
Secretary ’s office; candidates are encourag ed to attend, but it is not required
• February 23, 2018: Deadline to withdraw and have your name removed from the ballot (must be
received in writing by 5:00 pm)
• March 9, 2018: Ballot language due to Tarrant County
• March 16, 2018: Ballot proof appr oval due to Tarrant County by 12:00 noon
• April 5, 2018: Last day to register to vote in the May 5, 2018 General Election
• April 23, 2018: First day of early voting by personal appearance
Early Voting will be conducted Monday, April 23 through Tuesday, M ay 1, 2018, in the Kennedale
Community Center (in the Library at 316 W 3rd Street, Kennedale, Texas).
EARLY VOTING
MONDAY, APRIL 23, 2018 8:00 A.M. – 5:00 P.M.
TUESDAY, APRIL 24, 2018 8:00 A.M. – 5:00 P.M.
WEDNESDAY, APRIL 25, 2018 8:00 A.M. – 5:00 P.M.
THURSDAY, APRIL 26, 2018 8:00 A.M. – 5:00 P.M.
FRIDAY, APRIL 27, 2018 8:00 A.M. – 5:00 P.M.
SATURDAY, APRIL 28, 2018 7:00 A.M. – 7:00 P.M.
SUNDAY, APRIL 29, 2018 11:00 A.M. – 4:00 P.M.
MONDAY, APRIL 30, 2018 7:00 A.M. – 7:00 P.M.
TUESDAY, MAY 1 , 2018 7:00 A.M. – 7:00 P.M.
ELECTION DAY
SATURDAY, MAY 5, 2018 7:00 A.M. – 7:00 P.M.
(continued on following page)
• April 24, 2018: Last day to receive an application for a ballot by mail
• May 1, 2018: Last day for early voting by personal appearance.
• May 5, 2018: ELECTI ON DAY 7:00 a .m . to 7:00 p .m .
at the Kennedale Community Center (in the Library at 316 W 3rd Street, Kennedale, Texas).
May 8 -16, 2018: Period for official canvass of returns and oaths of office of newly elected officers, unless
runoff is necessary
[NOTE: A Council meeting must be held during this period to canvass the returns; Council's
Regular Meeting would fall after the deadline, on Monday, May 21, 2018.] (PER TARRANT COUNTY
ELECTIONS: "Please do not plan to canvass until May 15th or 16th.")
• May 13 -21: Period for ordering a runoff election, if necessary (not later than the 5th day after official
canvass)
• June 16, 2018: Runoff Election, if necessary
IV. Fi scal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. R517 2018 General Election R517 2018 General Election.pdf
Page 1 of 3
R517 CITY OF KENNEDALE, T X 2018
RESOLUTION NO. 51 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 5,
2018; APPROVING A JOINT ELECTION WITH TARRANT COUNTY; AND
ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS , the City of Kennedale, Texas, (the “City”) is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHERE AS , the regular election for City Council of the City of Kennedale is
required to be held on May 5 , 201 8 , at which time the voters will elect persons to fill the
office of Mayor and City Council Places 2 and 4 ; and
WHEREAS , the election will be held as a joint election, conducted under the
authority of Chapter 271 of the Texas Election Code (the “Code”); and
WHEREAS , by this Resolution, it is the intention of the City Council to designate a
polling place for the election, to appoint the necessary electi on officers , to establish and
set forth procedures for conducting the election, and to authorize the Mayor to execute
a contract with Tarrant County for conducting the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1. GENERAL ELECTION CALLED.
An election is hereby called to elect the office of Mayor and City Council Places 2 and 4
to serve from May of 201 8 until May of 20 20, or until their successors are duly elected
and qualified. The election shall be held on May 5 , 201 8, between the hours of 7:00
a.m. and 7:00 p.m. at Kennedale Community Center, 316 W. 3rd Street, Kennedale,
Texas 76060.
SECTION 2. JOINT ELECTION AGREEMEN T APPROVED.
The Joint Election Agreement for Tarrant County and the City of Kennedale (the
“Agreement”) and incorporated herein for all purposes is hereby approved and the
Mayor is authorized to execute the Agreement. In the event of conflict between this
resolution and the Agreement, the Agreement shall control.
SECTION 3. APPLICATION FOR PLACE ON BALLOT.
Qualified persons may file as candidates by filing applications in the office of the City
Secretary from 8:00 a.m. to 5:00 p.m., Monday through Friday, from January 17, 2018
through February 16, 2018.
SECTION 4. EARLY VOTING.
a. Early voting by personal appearance. Early voting by personal appearance
shall be conducted beginning April 2 3 , 201 8 , and continue through May 1 ,
Page 2 of 3
R517 CITY OF KENNEDALE, T X 2018
201 8 , at the Kennedale Community Center, 316 W. 3rd Street, Kennedale,
Texas 76060 at the following times:
MONDAY, APRIL 23, 2018 8:00 A.M. – 5:00 P.M.
TUESDAY, APRIL 24, 2018 8:00 A.M. – 5:00 P.M.
WEDNESDAY, APRIL 25, 2018 8:00 A.M. – 5:00 P.M.
THURSDAY, APRIL 26, 2018 8:00 A.M. – 5:00 P.M.
FRIDAY, APRIL 27, 2018 8:00 A.M. – 5:00 P.M.
SATURDAY, APRIL 28, 2018 7:00 A.M. – 7:00 P.M.
SUNDAY, APRIL 29, 2018 11:00 A.M. – 4:00 P.M.
MONDAY, APRIL 30, 2018 7:00 A.M. – 7:00 P.M.
TUESDAY, MAY 1, 2018 7:00 A.M. – 7:0 0 P.M.
Branch offices for early voting by personal appearance shall also be
established as outlined in the Joint Election Agreement with Tarrant County.
b. Early Voting by Mail. Nathan Neblett, the Tarrant County Elections
Administrator, or his successor, acting pursuant to Texas Government Code §
601.002 (“Election Administrator”), is hereby designated as Early Voting Clerk
for the special election. Applications for early voting by mail may be delivered
not later than the close of business on April 24, 201 8 to the Election
Administrator in any of the following ways: via mail to Early Voting Clerk, P.O.
Box 961011, Fort Worth, Texas 76161 -0011; via courier or hand delivery to
Tarrant County Elections, 2700 Premier St., Fort Worth, Texas 76111 -3011 ;
via fax t o 817 -831 -6118 ; or via email to votebymail@tarrantcounty.com.
c. Early Voting Ballot Board. Early voting, both by personal appearance and by
mail, shall be canvassed by the Early Voting Ballot Board established by
Tarrant County under the terms of the Agreement.
SECTION 5. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE.
The Presiding Election Judge and Alternate Presiding Judge shall be appointed by
Tarrant County as authorized by Chapter 271 of the Code.
SECTION 6. METHOD OF VOTING.
The Hart InterCivic eSlate Direct Recording Electronic Voting System (the “eSlate
DRE”) shall be used for early voting by personal appearance and on Election Day the
the eSlate DRE and the Hart InterCivic eScan Optical Scan Voting System (“eScan”)
shall be used. The City Council hereby adopts the eSlate DRE for early voting and the
eSlate DRE and eScan for Election Day. All expenditures necessary for the conduct of
the election, the purchase of materials therefor , and the employment of all election
officials are hereby authorized, and shall be conducted in accordance with the Code.
SECTION 7. GOVERNING LAW AND QUALIFIED VOTERS.
The election shall be held in accordance with the Constitution of the State of Texas and
the Code, and all resident qualified voters of the City shall be eligible to vote at the
election.
Page 3 of 3
R517 CITY OF KENNEDALE, T X 2018
SECTION 8. PUBLICATION AND POSTING OF NOTICE OF ELECTION.
Notice of the election shall be given as required by Chapter 4 of the Code.
SECTION 9. SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT.
Tarrant County is authorized to make such submissions as are necessary to the United
States Justice Department to seek pre -clearance for any changes in voting practices as
authorized by the Voting Rights Act of 1965, as amended.
SECTION 10. NEC ESSARY ACTIONS .
The Mayor and the City Secretary, in consultation with the City Attorney, are hereby
authorized and directed to take any and all actions necessary to comply with the
provisions of federal and state law in carrying out and conducting the election, whether
or not expressly authorized herein.
SECTION 11. RUNOFF ELECTION.
Should a runoff election be required following the canvass of the May 5 , 201 8 election,
the Council hereby orders that a runoff electio n be held on June 16 , 201 8 . The polling
place on Election Day for the runoff election shall be at the same polling place as the
original election and the hours of voting shall be between 7:00 a.m. and 7:00 p.m.
SECTION 12. EFFECTIVE DATE.
This resolution shall be effective upon its adoption.
PASSED AND APPROVED THIS 1 5 th DAY OF FEBRUARY , 2018.
APPROVED:
______________________________ MAYOR, BRIAN JOHNSON
[CITY SEAL
ATTEST:
______________________________
CITY SECRETARY, LESLIE GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY, WAYNE OLSON
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: DECISION ITEMS - D.
I. Subject:
Discuss and consider scheduling a Special Session of the City Council
II. Originated by:
III. Summary:
This item is placed on the agenda for discussion at the request of Mayor Pro Tem Jan Joplin.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor a nd City Council
Date: February 15, 2018
Agenda Item No: DECISION ITEMS - E.
I. Subject:
Consider making appointments to various Advisory Boards and Commissions including: the Economic
Development Corporation Board, Park s and Recreation Board, Board of Adjustment/Building Board of
Appeals, and Planning and Zoning Commission
II. Originated by:
III. Summary:
This item is to provide an opportunity to appoint members to Boards and Commissions, as were
discussed at the last meeting including: the Economic Development Corporation Board, Park s Board,
Board of Adjustment/Building Board of Appeals, and Planning and Zoning Commission.
EDC Board
• VACANT, Place 1
• Pat Turner, Vice President, Place 2
• Ronald Whitley, Place 3
• Robert Mundy, President, Place 4
• V ACANT, Place 5
• Mark Yeary, Place 6
• VACANT, Place 7
Parks Board
• David Deaver, Chair, Place 1
• Jeff Nevarez, Place 2
• Michael Chandler, Place 3
• Gary Swan, Place 4
• Phil Wallace, Place 5
• VACANT, Place 6
• Carlos Chargoy, Pla ce 7
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
BOA/BBA
• Eric Elam, Place 1
• VACANT, Place 2
• Perry Clementi, Place 3
• Martin Young, Place 4
• Lana Sather, Place 5
• Jeff Nevarez, Place 6 (Alternate)
• Josh Virnoche, Place 7 (Alternate)
• Josh Altom, Place 8 (Alternate)
• Azam Sh aikh, Place 9 (Alternate)
P&Z Commission
• Lary Adkins, Place 1
• Chris Pugh, Place 2
• Daniel Medina, Place 3
• Tom Pirtle, Place 4 (current Vice Chair)
• Sheldon Gerron, Place 5
• VACANT, Place 6
• John Hivale, Place 7
• Horace Young, Place 8 (Altern ate)
• Ka yla Hughes, Place 9 (Alternate)
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: DECISION ITEMS - F.
I. Subject:
Consider appointment of Chair and Vice Chair of the Planning and Zoning Commission
II. Originated by:
III. Summary:
Pursuant to the City Code, the City Council appoints both the Chair and Vice Chair of the Planning and
Zoning Commission. This item is placed on the agenda for Council consideration to make such
appointments.
Board Members
• Lary Adkins, Place 1
• Chris Pugh, Place 2
• Daniel Medina, Place 3
• Tom Pirtle, Place 4 (current Vice Chair)
• Sheldon Gerron, Place 5
• VACANT, Place 6
• John Hivale, Place 7
• Horace Young, Place 8 (Alternate)
• Kayla Hughes, Place 9 (Alternate)
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
Staff Report to the Honorable Mayor and City Council
Date: February 15, 2018
Agenda Item No: DECISION ITEMS - G.
I. Subject:
Consider appointment of Chair and Vice Chair of the Board of Adjustment/Building Board of Appeals
II. Originated by:
III. Summary:
Pursuant to the City Code, the City Council appoints both the Chair and Vice Chair of the Board of
Adjustment/Building Board of Appeals. This item is placed on the agenda for Council consideration to
make such appointments.
Board Members
• Eric Elam, Place 1
• VACANT, Place 2
• Perry Clementi, Place 3
• Martin Young, Place 4
• Lana Sather, Place 5
• Jeff Nevarez, Place 6 (Alternate)
• Josh Virnoche, Place 7 (Alternate)
• Josh Altom, Place 8 (Alternate)
• Azam Shaikh, Place 9 (Alternate)
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments: