hb Hatc REGULAR MEETING OF THE CITY OF ARANSAS PASS CITY COUNCIL CITY HALL, 600 W. CLEVELAND BLVD., ARANSAS PASS, TEXAS FEBRUARY 3, 2025 -6:00 PM THIS IS A BUSINESS MEETING CONDUCTED BY THE ELECTED GOVERNING BODY FOR THE CITY OF ARANSAS PASS. Out of consideration for all attendees and per Council Policy, please silence all electrical devices, Furthermore, there shall be no talking, gesturing, or derogatory comments during the meeting. All comments must be addressed to the Council and will only be permitted through acknowledgment. of the présiding officer. Policy prohibits the exchange of conversatonVcomments amongst audience members. The advancement of the meeting will not be altered due to any interruptions. Any violation of Council Policies will result in removal from the City Council Meeting. Thank youf for your cooperation. Ramiro Gomez, Mayor Carrie Scruggs, Mayor Pro Tem Jason Knight, Council Member Place 2 Joe Dominguez, Council Member Place 3 J.R. Haskins, Council Member Place 4 1. Call to Order and Certification of a Quorum 2. Invocation 3. Pledges 4. Presentations and Proclamations a. Presentation on 2024 Racial Profiling Report. (Interim Police Chief) 5, Citizen Comments At this time, the public is invited to address the City Council and speak on any matter not specifically listed for public hearing elsewhere in this agenda. Please note that the City Council members may not respond to comments or deliberate on topics ift they are not included on this agenda. Each citizen will be allowed three (3). minutes to address Council. Citizens wishing to speak should fill out a speaker request form, located at the back of City Council chambers, and deliver it to the City Secretary before the meeting begins. City Council has adopted a policy consistent with state law that prohibits defamation, intimidation, personal affronts, or threats of violence, shouting, unruly behavior, and other Regutar City Council Meeting February 3. 2025 similar behavior that impedes or disrupts the orderly conduct of meetings, such as distracting side conversations. See Section 2-1.1 for further details. 6. Staff Reports and other Discussion Items Items in this section are note expected to require action by City Council anda are generally fori information only. a. Beach On the Flats b. Draft Council Policies 7. Action Items City Council will discuss, consider, and take any action deemed necessary on items listed in this a. Consideration of approving a Resolution ordering an election to be held in the City of Aransas Pass on May 3, 2025 for the purpose of electing a mayor and council members to places 1 and 3; submitting proposed city charter amendments to the qualified voters for their approval at. said election; authorizing a Joint Agreement with San Patricio County Elections Administrator for the conduct of the election; providing for procedures for holding such election; providing for notice of election and publication; providing for establishment of early voting polling place and designating election day polling place location; providing a severability clause; and providing an effective date. b. Consideration of approving issuance of request for proposals for the 2025 Independence Celebration Firework Display to be held at Community Park and Consideration of approving the 2025 Facility Lease. Agreement with the Aransas Pass Little League beginning on March 4, 2025 and ending March 3, 2026. d. Consideration of approving Change Order Number 001 with Associated Construction Partners to credit the contractor one hundred eighty (180) additional workdays at no cost for the Stormwater Pump Station No. 1a and No. 2 also known as Maddox Pump Station. (Interim City Manager) section, including the adoption of a minute order, a resolution or an ordinance. (Interim City Manager) selecting the date of July 5, 2025. (Interim City Manager) (Interim City Manager) 8. Executive Session All items listed in this section will be deliberated in a closed session. Members of the public are not generally permitted to attend a closed session. Executive session items may be considered as an action item at the discretion of the Mayor; however, City Council will not take any action in closed a. Texas Government Code Section 551.071 - To meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the session. Regutar City Counoie Mesing-Feonuay9.205 state bar of Texas clearly conflicts with the Texas Open Meetings Act Conn Brown Harbor Lease - Aransas Pass Seafood Packers iii. Cause No. 22-0132, City of Aransas Pass, Texas VS. Rockport Terminals, LLC in the 36th Judicial District Court, Aransas County, relating to: ii. Conn Brown Harbor Lease - Justin Chandler Texas b. Texas Government Code Section 551.073 - to deliberate a negotiated contract for a prospective gift or donation to the state of the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Huey Airframe at VFW Post 2932 9. Action on Executive Session Items Council will reconvene in open session and may take action on anyi item listed in the Executive Session section oft this Agenda. 10. Adjournment 11. Special Accommodations This facility is wheeichair accessible and there are special, parking spaces near the main entrance. Requests for accommodation or special services must be made 481 hours prior to this meeting. Please contact the City Secretary's Office at (361). 758-5301 ext. 1103 or Fax (361) 758-8188 or With respect to any subject matter listed on this agenda, the City Council may meet in Closed Executive Session, if and to the extent allowed by Chapter 551 of the Texas Government Code, including, but not limited to, any of the following sections of Chapter 551: Section 551.071 Consultations with Attorney, Section 551.072 Deliberation about Real Property, Section 551.073 Deliberation regarding Prospective Gift, Section 551.074 Personnel Matters, Section 551.087 Deliberation regarding Economic Development Negotiations, and Section 551.089 Deliberation email lysecrelary@anik.goy for further information. regarding Security Devices or Security Audits. Certificate of Notice Icertify that a copy of the Notice of Meeting was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.aptx.gov, in compliance with Chapter 551, Texas Government. Date: 1.31.25 Time: 2:30p.L. Taken Down: AS KancuHaactt Kandice Garrett, City Secretary ReguarCity Council Meeting-Fabruary, 3, 2025 ARANSAS PASS Police Department 5 - 5 6>>>>9> >>>>PX 4y14.37 a9P - - DEL CARMEN Consulting LLC. LAW ENFORCEHEWT EXPERTS "Dr. Alex del Carmen's zoork on racial profiling exemplifies the very best of the Sandra Bland Act, named after my danghter. My daughter's pledge to fight for injustice is best rebresented in the high quality of Dr. del Carmen 'S reports zohich include, as required by laz, the data analysis, audits, findings and recomerdations, I commend the agencies that voork zoith him as it is clear that they have embraced transparency and adherence to the lazo. # -Quote by Geneva Reed (Mother of Sandra Bland) 1 January 19, 2025 Aransas Pass City Council 600 W. Cleveland Blvd. Aransas Pass, TX 78336 Dear Distinguished Members of the City Council, The Texas Racial Profiling Law was enacted by the Texas Legislature in 2001, with the intent of addressing the issue of racial profiling in policing. During the last calendar year, the Aransas Pass Police Department, in accordance with the law, has collected and reported traffic and motor vehicle related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified, and additional requirements were implemented. Further, in 2017 the Sandra Bland Act was passed and signed into law (along with HB 3051, which introduced new racial and ethnic designations). The Sandra Bland Law currently requires that law enforcement agencies in the state collect additional data and provide a more detailed analysis. I am pleased to report that all of these requirements have been met by the Aransas Pass Police Department and are included in this report. Int this annual report, you will find three sections with information on motor vehicle-related contacts. In addition, when applicable, documentation is included which demonstrates the way the Aransas Pass Police Department has complied with the Texas Racial Profiling Law. In section one, you will find the table of contents. Section two documents compliance by the Aransas Pass Police Department relevant to the requirements established in the Texas Racial Profiling Law. That is, you will find documents relevant to the training of all police personnel on racial profiling prevention and the institutionalization of the compliment Section three contains statistical data relevant to contacts (as defined by the law) which were made during motor vehicle stops that took place between 1/1/24 and 12/31/24. Further, this section includes the Tier 2 form, which is required to be submitted to TCOLE (Texas Commission on Law Enforcement) and the law enforcement agency's local governing authority by March 1 of each year. The data in this report has been fully analyzed and compared to information derived from the U.S. Census Bureau's Fair Roads Standard. The final Int the last section of the report, you will find the original draft of the Texas Racial Profiling Law, SB1074, as well as the Sandra Bland Act (current law). Also in this section, a list of requirements relevant to the Racial Profiling Law, as established by TCOLE is included. The findings in this report support the Aransas Pass Police and complaint processes, as required by law. analysis and recommendations are also included ini this report. Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. 2 INTRODUCTION Letter to Council Members Table of Contents 2 3 - RESPONDING TO THE LAW Public Education on Filing Compliments and Complaints 4 Racial Profiling Course Number 3256 5 Reports on Compliments and Racial Profiling Complaints 11 Tier 2 Data (Includestables) 8 13 o ANALYSIS AND INTERPRETATION OF DATA Tier 2 Motor Vehicle-Related Contact Analysis 23 24 26 27 Comparative Summary of Findings Checklist Analysis LEGISLATIVE AND ADMINISTRATIVE ADDENDUM TCOLE Guidelines 29 34 41 49 50 51 The Texas Law on Racial Profiling Modifications to the Original Law Racial and Ethnic The Sandra Bland Act e Designations Aransas Pass Police Department Racial Profiling Policy 3 Public Education on Responding to Compliments and Complaints Informing the Public on the Process of Filing a Compliment or Complaint with the Aransas Pass Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a compliment or racial profiling complaint. In an effort to comply with this particular component, the Aransas Pass Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling The police department made available, in the lobby area and on its web site, information relevant to filing a compliment and complaint on a racial profiling violation by a Aransas Pass Police Officer. In addition, each time an officer issues a citation, ticket or warning, information on how to file a compliment or complaint is given to the individual cited. This information is in the form of a web address (including in the document issued to the citizen), which has instructions and details specifics related to the compliment or complaint processes. Itis believed that through these efforts, the community has been properly informed of the All Aransas Pass 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 Aransas Pass Police Department have completed the TCOLE basic training on racial profiling. The main outline used to train the officers of Aransas Pass has been included in this Itisi important to recognize that the Chief of the Aransas Pass 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 Aransas Pass Police Department fulfills the training requirement as specified ini the Education Code (96.641) of the Texas Racial Profiling Law. complaint process. new policies and the complaint processes relevant to racial profiling. report. 4 Racial Profiling Course 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. This instructor guide is designed to meet the educational requirement for racial profiling Abstract 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 handouts, practical exercises, and demonstrations procedures and law enforcement issues Evaluation Process and Procedures Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, Instructor Qualifications: Instructors should be very knowledgeable about traffic stop An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http//www.tcleose-state.tX.us. 5 Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL:1 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 CCP2.133 Racial profiling education for police chiefs Education Code 96.641 Training required for intermediate certificate Occupations Code 1701.402 Definition of "race or ethnicity" for form Transportation Code 543.202 Liability CCP2.136 Training program Occupations Code 1701.253 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 oft traffic-stop statistics 7.Annual reports B. Not prima facie evidence F.Vehicle stop report 1.F Physical description of detainees: gender, race or ethnicity 2.A Alleged violation 3. Consent to search 4. Contraband 6. Arrest 5. Facts supporting probable cause 7. Warning or citation issued C.F Feasibility of use of video equipment D. Data does not identify officer G.C Compilation and analysis of data H.Exemption from reporting - audio/video equipment I.Officer non-liability J.Funding 1.F Police chiefs E. Copy of complaint-related video evidence to officer in question K. Required training in racial profiling 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) - see legislation 77R-SB1074 6 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, 116S.Ct. 1769 (1996) 2. Traffic violation acceptable as pretext for further investigation 1. Motor vehicle search exemption 3. Selective enforcement can be challenged B. Terry V. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 2. Stopping and briefly detaining a person 1. Stop & Frisk doctrine 3. Frisk and pat down C. Other cases 1.F Pennsylvania V. Mimms, 434 U.S. 106, 98 S.Ct. 330(1977) 2. Maryland V. Wilson, 117S.Ct. 882(1997) 3. Graham V. State, 119 MdApp 444, 705 A.2d 82(1998) 5. Ferris V. State, 355 Md. 356, 735 A.2d491 (1999) 6. New York V. Belton, 453 U.S. 454(1981) 4. Pryor V. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d990(1998) 7 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments racial profiling. 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 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 E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds - itis a waste of law enforcement resources. law enforcement by minorities and the public as a whole. legitimate stop. 8 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1UNIT GOAL: The student will be able to identify the elements of both inappropriate and 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate 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,"e etc.) 1.1 The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext 2. The driver and passengers are questioned about things that do not relate to the traffic violation appropriate traffic stops. traffic stop. substitute for drug courier profile elements C.At typical traffic stop resulting from racial profiling for closer inspection oft the vehicle, driver, and passengers 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 6. The driver is asked to consent to a vehicle search - ift the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate and passengers by the roadside the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 9 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.P Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit - Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: 10 Report on Compliments and Racial Profiling Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/24-12/31/24 based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. A check above indicates that the Aransas Pass Police Department has not received any complaints, on any members of its police services, for having violated the Texas Racial Profiling Law during the time period 0f1/1/24-12/31/24. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Number Alleged Violation Disposition of the Case Additional Comments: 12 Tables Illustrating Motor Vehicle-Related Contacts TIER2DATA TOTAL STOPS: 1,677 LOCATION OF STOP. City Street US Highway State Highway County Road Private Property Male Total: 1,127 STREET ADDRESS OR APPROXIMATE Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino REASON FOR STOP? Violation of Law Total: 265 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 8 44 47 558 470 1,534 9 21 22 91 2 1 8 143 111 WAS RACE OR ETHNICITY KNOWN PRIOR TO STOP? Yes No 17 1,660 RACE OR ETHNICITY Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino GENDER Female Total: 550 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 12 62 61 858 684 Pre-existing Knowledge Total: 33 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 2 23 8 Moving Traffic Violation Total: 819 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 4 18 14 300 214 8 39 31 402 339 13 TIER 2 DATA Vehicle Traffic Violation Total: 560 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Contraband (in plain view) Total: 1 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 2 22 20 290 226 0 0 1 0 0 WAS SEARCH CONDUCTED? Probable Cause Total: 44 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Inventory Total: 8 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino YES 0 0 5 51 28 NO 12 62 56 807 656 0 0 2 27 15 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 0 5 3 TOTAL 84 1,593 REASON FOR SEARCH? Consent Total: 29 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 1 19 9 Incident to Arrest Total: 2 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 1 0 1 14 TIER 2 DATA WAS CONTRABAND DISCOVERED? DESCRIPTION OF CONTRABAND Alaska Native/American Indian Asian/Pacific Islander Black White Fispanic/Latino Currency Total: 0 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Weapons Total: 3 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Alcohol Total: 10 Drugs Total: 41 YES 0 0 4 34 18 56 NO 0 0 1 17 10 0 0 4 28 9 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino TOTAL 28 0 0 0 0 0 Did the finding result in arrest? YES 0 0 3 13 6 22 NO 0 0 1 21 12 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 0 1 2 TOTAL 34 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 1 5 4 15 TIER 2 DATA Stolen Property Total: 0 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Other Total: 9 Citation Total: 511 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 0 0 0 3 9 18 261 220 Written Warning and Arrest Total: 0 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino RESULT OF THE STOP Verbal Warning Total: 1,120 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Written Warning Total: 21 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 0 6 3 0 0 0 0 0 Citation and Arrest Total:7 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino Arrest Total: 18 0 0 2 3 2 8 53 39 569 451 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 1 12 5 1 0 1 13 6 16 TIER 2 DATA ARREST BASED ON Was physical force used resulting in bodily Violation of Penal Code Total: 13 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino injury during the stop? 0 0 2 8 3 YES 0 1 0 0 0 1 NO 12 61 61 858 684 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino TOTAL Violation of Traffic Law Total: 0 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 0 0 0 1,676 Violation of City Ordinance Total: 0 Alaska Native/American Indian Asian/Pacific Islander Black White ispanic/Latino 0 0 0 0 0 Outstanding Warrant Total: 12 Alaska Native/American Indian Asian/Pacific Islander Black White Hispanic/Latino 0 0 1 7 4 17 Tables llustrating Motor Vehicle Related Contact Data Table 1. Citations and' Warnings Race/ Ethnicity All Contacts Citations Verbal Written Contact Citation Verbal Written Warning Warning Percent Percent Percent Percent Alaska Native/ American Indian Asian/ Pacific Islander Black White Hispanic/ Latino 12 62 61 858 684 3 9 20 264 222 518 8 53 39 569 451 1 0 1 13 6 21 1% 4% 4% 51% 41% 1% 2% 4% 51% 43% 1% 5% 3% 51% 40% 5% 0% 5% 62% 29% TOTAL 1,677 1,120 100% 100% 100% 100% CHEE FREE Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households that have vehicle access. Race/Ethnicity Contact Percentage Households with Vehicle Access Alaska Native/American Indian Asian/Pacific Islander 1% 4% 4% 51% 41% 0% 0% 3% 64% 31% Black White Hispanic/Latino TOTAL 100% 98% Table 3. Motor Vehicle Searches and Arrests. Race/Ethnicity Searches Consent Searches Arrests Alaska Native/American Indian Asian/Pacific Islander 0 0 5 51 28 0 0 1 19 9 0 0 3 15 7 Black White Hispanic/Latino TOTAL 84 29 25 19 Table 4. Instances Where Peace Officers Used Physical Force Resulting in Bodily Injury Instances Where Peace Officers Used Physical Force that Resulted in Bodily Injury Arrest Location of Stop Reason for Stop 1 02/22/24 City Street Vehicle Traffic Violation Table 5. Search Data Race/ Searches Contraband Contraband Arrests Percent Percent Percent No Percent Ethnicity Found Yes Found No Searches Contraband Contraband Arrest Found 0% Alaska Native/ American Indian Asian/ Pacific Islander Black White Hispanic/ Latino TOTAL 0 0 0 0 0% 0% 0% 0 0 0 0 0% 0% 0% 0% 5 51 28 4 34 18 1 17 10 3 15 7 6% 61% 33% 7% 61% 32% 4% 61% 36% 12% 60% 28% 84 56 28 25 100% 100% 100% 100% 20 Table 6. Report on Audits. The following table contains data regarding the number and outcome of required data audits during the period of 1/1/24-12/31/24. Audit Data Number of Data Date of Completion Outcome of Audit Audits Completed 1 2 3 4 1 1 1 1 03/01/24 06/01/24 09/01/24 12/01/24 Data was valid and reliable Data was valid and reliable Data was valid and reliable Data was valid and reliable ADDITIONAL COMMENTS: Table 7. Instance Where Force Resulted in Bodily Injury. Race/Ethnicity Number Percent Alaska Native/American Indian Asian/Pacific Islander 0 1 0 0 0 0% 100% 0% 0% 0% Black White Hispanic/Latino TOTAL 1 100% 21 Table 8. Reason for Arrests from Vehicle Contact Race/ Ethnicity Violation Violation Violation Outstanding Percent Percent Percent Percent of Penal ofTraffic ofCity Warrant Penal Traffic Code 0% 0% 15% 62% 23% 100% City Warrant Code 0 0 2 8 3 13 Law Ordinance Law Ordinance Alaska Native/ American Indian Asian/ Pacific Islander Black White Hispanic/ Latino TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7 4 12 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 8% 58% 33% 100% Table 9. Contraband Hit Rate Race/ Ethnicity Searches Contraband Contraband Search Contraband Found Yes Hit Rate Percent Percent Alaska Native/ American Indian Asian/ Pacific Islander 0 0 5 51 28 0 0 4 34 18 0% 0% 80% 67% 64% 0% 0% 6% 61% 33% 0% 0% 7% 61% 32% Black White Hispanic/Latino 22 Analysis and Interpretation of Data As previously noted, in 2001, the Texas Legislature passed Senate Bill 1074, which eventually became the Texas Racial Profiling Law. This particular law came into effect on January 1, 2002, and required all police departments in Texas to collect traffic-related data and report this information to their local governing authority by March 1 of each year. This version of the law remained in place until 2009, when it was modified to include the collection and reporting of all motor vehicle-related contacts in which a citation was issued, or an arrest was made. Further, the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of the individuals before detaining them. In addition, it became a requirement that agencies report motor vehicle-related data to their local governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1 of each year. The purpose in collecting and disclosing this information is to determine if police officers in any particular One of the main requirements of the law is that police departments interpret motor vehicle-related data. Even though most researchers would likely agree that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying at transparent image before the community, it is in fact very difficult to determine if individual police officers are engaging in racial profiling from a review and analysis of aggregate/.nstitutional 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 As referenced earlier, in 2009 the Texas Legislature passed House Bill 3389, which modified the Racial Profiling Law by adding new requirements; this took effect on, January 1, 2010. The changes included, but are not limited to, the re-definition of a contact to include motor vehicle-related contacts in which a citation was issued, or an arrest was made. In addition, it required police officers to indicate if they knew the race or ethnicity of the individual before detaining them. The 2009 law also required adding "Middle Eastern" to the racial and ethnic category and submitting municipality are engaging in the practice of racially profiling minority motorists. vehicle-related contacts. the annual data report to TCOLE before March 1 ofe each year. 23 In 2017, the Texas Legislators passed HB 3051 which removed the Middle Eastern data requirement while standardizing the racial and ethnic categories relevant to the individuals that came in contact with police. In addition, the Sandra Bland Act (SB 1849) was passed and became law. Thus, the most significant legislative mandate (Sandra Bland Act) in Texas history regarding data requirements on law enforcement contacts became law and took effect on January 1, 2018. The Sandra Bland Act not only currently requires the extensive collection of data relevant to police motor vehicle contacts, but it also mandates for the data to be analyzed while addressing the following: 1.A comparative analysis of the information compiled (under Article. 2.133): a. Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who b. Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting. from stops within the applicable jurisdiction; C. Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidencewas discovered in the 2. Information related to each complaint filed with the agency alleging that a peace officer In an effort to comply with The Texas Racial Profiling/Sandra Bland Law, the Aransas Pass Police Department commissioned the analysis of its 2024 contact data. Hence, two different types of data analyses were performed. The first of these involved a careful evaluation of the 2024 motor vehicle-related data. This particular analysis measured, as required by law, the number and percentage of Whites, Blacks, Hispanics or Latinos, Asians and Pacific slanders, Alaska Natives and American Indians, who came in contact with police in the course of a motor vehicle-related contact and were either issued a ticket, citation, or warning or an arrest was made. Also included in this data were instances when a motor vehicle contact took place for an alleged violation of the law or ordinance. The Tier 2 data analysis included, but was not limited to, information relevant to the number and percentage of contacts by race/ethnicity, gender, reason for the stop, location of stop, searches while indicating the type of search performed, result of stop, basis of an arrest, and use of physical force resulting in bodily injury. The analysis on the data performed in this report, was based on a comparison of the 2024 motor vehicle contact data with a specific baseline. When reading this particular analysis, one should consider that there is disagreement in the literature regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information. Of the baseline measures available, the Aransas Pass Police Department agreed with our recommendation to rely in part, as a baseline measure, on the Fair Roads Standard. This particular baseline is established on data obtained through the U.S. Census Bureau (2020) relevant to the number of households that have access to vehicles while controlling for the race and are not recognized as racial or ethnic minorities; course ofthose searches. employed by the agency has engaged in racial profiling. ethnicity of the heads of households. 24 Itshould be noted that the census data presents challenges to any effort made at establishing ai fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless whether they are among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only, thus excluding individuals who may have come in contact with the Aransas Pass Police Department in 2024 but live outside city limits. In some jurisdictions the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial In 2002, major civil rights groups in Texas expressed their concern and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of "households" that have access to vehicles. Thus, proposing to compare "households" (which may have multiple residents and only a few vehicles) with 'contacts" (an individual-based count). In essence this constitutes a comparison that may result in ecological fallacy. Despite this risk, as noted earlier, the Aransas Pass Police Department accepted the recommendation to utilize this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good will" and transparency" before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to the city of volume of all motor vehicle-related contacts made in a given year. Aransas Pass. Tier2(2024) Motor Vehicle-Related Contact Analysis When examining the enhanced and more detailed Tier 2 data collected in 2024, it was evident that most motor vehicle-related contacts were made with Whites, followed by Hispanics. Of those who came in contact with police, most tickets or citations were issued to Whites and Hispanics; this was followed by Blacks. However, in terms of written warnings, most of these were issued to Whites, followed by While reviewing searches and arrests, the data showed that most searches took place among Whites. When considering all searches, most were consented by Whites and Hispanics, while most custody arrests were also of Whites. Overall, most searches resulted in contraband; of those that produced contraband, most were of Whites; this was followed by Hispanics. Of the searches that did not produce contraband, most were of Whites. Most arrests were made of Whites. Most oft the arrests that originated from a violation of the penal code involved Whites. Overall, the police department reports one instance Hispanics. where force was used that resulted in bodily injury. Comparative Analysis Ac comprenensive analysis of the motor vehicle contacts made in 2024 to the census data relevant to the number of "households" in Aransas Pass who indicated in the 2020 census that they had access to vehicles, produced interesting findings. Specifically, the percentage of Whites who came in contact with police was the same or lower than the percentage of White households in Aransas Pass that claimed in the last census to have access to vehicles. The opposite was true of Blacks, Hispanics, Asians, and American Indians. That is, a higher percentage of Blacks, Hispanics, Asians, and American Indians came ino contact with police than the percentage of Black, Hispanic, Asian, and American Indian households in Aransas Pass that claimed in the last census to have access to vehicles. It should be noted that the percentage difference among Black and American Indian contacts with households is of 3% or less; thus, deemed by some as statistically insignificant. 25 The comprehensive analysis of the searches resulting in contraband shows that the most significant contraband hit rate is of Blacks. This was followed by Whites and Hispanics. This means that among all searches performed in 2024, the most significant percentage of these that resulted in contraband was among Blacks. The lowest contraband hit rate was among Hispanics. Summary ofFindings As previously noted, the most recent Texas Racial Profiling Law requires that police departments perform data audits in order to validate the data being reported. Consistent with this requirement, the Aransas Pass Police Department has engaged del Carmen Consulting, LLC in order to perform these audits in a manner consistent with normative statistical practices. As shown in Table 6, the audit performed reveals that the data is valid and reliable. Further, as required by law, this report also includes an analysis on the searches performed. This analysis includes information on whether contraband was found as a result of the search while controlling for race/ethnicity. The search analysis demonstrates that the police department is engaging in search practices consistent with national trends While considering the findings produced as a result of this analysis, it is recommended that the Aransas Pass 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. in law enforcement. As part of this effort, the Aransas Pass Police Department should continue to: 1) Perform an independent analysis on contact and search data in the upcoming year. 2) Commission data audits in 2025 in order to assess data integrity; that is, to ensure that the The comprehensive data analysis performed serves as evidence that the Aransas Pass Police Department has complied with the Texas Racial Profiling Law and all of its requirements. Further, the report demonstrates that the police department has incorporated a comprehensive racial profiling policy, currently offers information to the public on how to file a compliment or complaint, commissions quarterly data audits in order to ensure validity and reliability, collects and commissions the analysis of Tier 2 data, and ensures that the practice of racial profiling will not be accepted or tolerated. data collected is consistent with the data being reported. 26 Checklist The following requirements weremet by the Aransas Pass Police Department in accordance with The Texas Racial Profiling Law: Implement a Racial Profiling Policy citing act or actions that constitute racial Include in the racial profiling policy, a statement indicating prohibition ofany peace officer employed by the Aransas Pass Police Department from Implement a process by which an individual may file a complaintregarding Provide publiceducation related to the compliment and complaint process. Implement disciplinary guidelines for officers found in violation of the Texas profiling. engaging in racial profiling. racial profiling violations. Racial Profiling Law. Collect, report and analyze motor vehicle data (Tier 2). Commission Data Audits and a Search Analysis. race/ethnicity of individuals before being detained. local governing body and' TCOLE by March 1, 2025. reviewing video and audio documentation. Indicate total number of officers who knew and did not know, the Produce an annual report on police contacts (Tier 2) and present this to the Adopt a policy, Ifvideo/audio equipment is installed, on standards for 27 Legislative & Administrative 28 TCOLE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to The guidelines are written in the form of standards using a style developed from accreditation organizationsincluding 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 guidancet to clarifythei intent oft the: standard, assist agencies in complying with the statutory requirements. or asan example of one possible way to comply with the standard. Each law enforcement agency has a detailed written directive that: clearly defines acts that constitute racial profiling; Standard 1 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 oft 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 int the routine performance of the officers' official duties." 29 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 This written policy is to be adopted and implemented no later than January 1, 2002. policies to just these ethnic groups. 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 ap physical description of each person detained, including gender and the person'sr racec or ethnicity, as stated by the person, or, ift the person does not state a race or ethnicity, as 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 whether any contraband was discovered in the course of the search, and the type of whether probable cause to search existed, and the facts supporting the existence of that whether the officer made an arrest as a result of the stop or the search, including a whether the officer issued a warning or citation as a result of the stop, including a law enforcement agency information relating to the stop, toi include: determined by the officer's best judgment; person stopped consented to the search; contraband discovered; probable cause; statement of the offense charged; the street address or approximate location of the stop; and description of the warning oras 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. 30 Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person 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 tot theg governing body of the municipality or county no later than March: 1 ofe each year and covers the previous calendar There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article stopped is not free to leave. year. 2.133 CCP (tier two). The minimum requirements for "tier one" data fori traffic stops in which a citation results are: 1) ther race or ethnicity ofir individual detained (race and ethnicity as defined byt the bill means of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native 2) whether a search was conducted, and if there was a search, whether it was a consent American"); 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'sg gender and race or ethnicity; 2) the type ofl law violation suspected, e.g., hazardoust traffic, non-hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization 3) whether a search was conducted, and if sO whether it was based on consent or probable of traffic offenses into hazardous or non-hazardous); cause; 4) facts supporting probable cause; 7) location of stop; and 5) the type, ifa any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 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 11 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 31 including searches resulting fromi the stops. The reports also include information relating to each complaint filed withi the agencyalleging that a peace officer employed by the agency has engaged inr racial profiling. An agency may be exempt from thet tier two reporting requirement by applying fori the funds from the Department of Public Safety for video and audio equipment and the State Reports should include both raw numbers and percentages for each group. Caution should be exercised ini 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 does not supply those funds [See 2.135 (a)(2)TCCP). when compared to a 50% rate for Caucasians. Standard 4 Ifal law enforcement agency has video and audio capabilities in motor vehicles regularly used for trafficstops, or audio capabilities on motorcyclest regularlyusedi 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 ifthe 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 the equipment was in place and used during the proceeding calendar year; and video and audio documentation is retained for at least 90 days. Article 2.1337 TCCP provided that: 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 2.132TCCP. 32 Standard 7 Transportation Code. Commentary include: Agencies have citation forms or other electronic media that comply with Section 543.202 of the Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to race or ethnicity, and obtained. whether a search of the vehicle was conducted and whether consent for the search was 33 The Texas Law on Racial Profiling S.B. No. 1074 An Act relating to the prevention of racial profiling by certain peace officers. SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through Art. 2.131. RACIAL PROFILING PROHIBITED. AI peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) Int this article: (1) "lawenforcement agency" means an agencyoft thes state, ordlarountv.municpalily. or other political subdivision of the state, that employs peace officers who make traffic stops in (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, (b) Each law enforcement agency in this state shall adopt a detailed written policy on (2) strictly prohibit peace officers employed by the agency from engaging in racial (3) implement a process by which an individual may file a complaint with the agency if thei individual believes that a peace officer employed byt the agency has engaged ini racial profiling BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 2.138 to read as follows: the routine performance of the officers' official duties. Hispanic, Asian, or Native American descent. racial profiling. The policy must: (1) clearly define acts constitutingracial profiling; profiling; with respect to thei individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action tol be taken against ap peace officer employed by the agency who, after ani investigation, is shown to have engaged in racial profiling in violation of (6) require collection of information relating to traffic stops in which a citation is issued (B) whether a search was conducted and, if sO, whether the person detained consented (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) ifthe 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 (d) Onadotondlamisyunset Subsection(D.alawenforcement agencyshallexamine the feasibility ofi installing video camera and transmtter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmiteractivated equipment in each agency law enforcement motorcycle regularlyused to make traffic stops. Ifa law enforcement agency installs video or audio equipment as provided by this subsection, the the agency's policyadopted under this article; and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and to the search; and constitute prima facie evidence of racial profiling. 34 policy adopted by the agency under Subsection (b) must include standards for reviewing video (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 bya (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3)i 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 Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaninga assigned by Article 2.132(a). and audio documentation. policy under Subsection (b)(6). officer. (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 isnot (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 agencyt that employs the officer information relating to thes stop,including: (1) ap physical description of each person detained as a result of the stop, including: (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 ar result oft the stopa and, ifs so, whether the (4) whether any contraband was discovered in the course of the search and the type of (5) whether probable cause to search existed and the facts supporting the existence of (6) whether the officer made an arrest as a result of the stop or the search, includinga (8) whether the officer issued a warning or a citation as a result of the stop, includinga under arrest. (A) the person's gender;and person detained consented to the search; contraband discovered; that probable cause; statement of the offense charged; (7) the street address or approximate location oft the stop; and 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 whois being detained for the purpose ofac criminal investigation in which thei individual (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 isnot under arrest. 35 during the previous calendar year to the governing body of each county or municipality served by the agencyinamanner. approved by the agency. CAreportrequired under Subsection (b) must include: (1)ac comparative analysis of the information compiled under Article 2.133to: (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 (2) information relating to each complaint filed with the agency alleging that a peace dAreportrequired under Subsection (b)mayr not include dentivynginformation about apeace 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 ofi information required (e) The Commission on Law Enforcement Officer Standards and Education shall develop (f) The data collected as a result of the reporting requirements of this article shall not agency,including searches resulting from the stops; and officer employed by the agency has engaged in racial profiling. under Article 2.133(b)(1). guidelines for compiling and reporting information as required by this article. 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 (1) during the calendar year preceding the date that a report under Article 2.134 is (A) each law enforcement motor vehicle regularlyused by an officer employed by the agencyto make traffic and pedestrian stops is equipped with video camera and transmiter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian (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 (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 (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 ofthes stop. Ifa complaint is filed with thel 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 retaint the videoand audioor audior record oft thes stopuntil final dispostionofthecomplaint if: required to be submitted: stops is equipped with transmiter-activated equipment; and the equipment; or to accomplish that purpose. 36 (c) This article does not affect the collection or reporting requirements under Article Art. 2.136. LIABILITY. A peace officer isr 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 2.132. 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 Artide/15aluAlinludntspchnecrteria toy 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 (1) law enforcement agencies that employ peace officers whose primary duty is traffic priorityto: 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 (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 ofacounty or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certifyt to the Department of Public Safety that the law enforcement agency (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 orr 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 Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles SECTION: 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforement-intated 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. funding or equipment provided to law enforcement agencies. needs funds or video and audio equipment for that purpose. equipment as required by Article 2.135(a)(1). 2.131-2.137. follows: 37 SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (i) As part oft thei 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 (1) monitoring peace officers' compliance with laws and internal agency policies relating (2) implementing laws and internal agency policies relating to preventing racial profiling; an examination of the best practices for: tor racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read ast 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 thanthe second anniversaryoft the date the officerisl 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) Asarequirement forani intermediateproficeroficlencycertficate. and 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 asi 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 (1) the name, address, physical escription,including race or ethnicity, date of birth, and (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or (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 oft the offense, including whether the offense wasas serious traffic the department and must include: driver's license number of the person charged; was involved in transporting hazardous materials; (2) the registration number oft the vehicle involved; violation as defined by Chapter 522; 38 (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, thej judgment, and whether bail was forfeited; (8) [741 the date of conviction; and (9) [(81] the amount of the fine or forfeiture. SECTION 7. Not lateri than. January 1, 2002, al law enforcement agency shall adopt and implement ap 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 SECTION 8. Al local law enforcement agency shall first submit information to the governing body ofe each county or municipality served byt 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 the period beginning January 1, 2002, and ending December 31, 2002. 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 (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (), Section 96.641, Education Code, as 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 orl has held aj 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 SECTION 11. An individual appointed or elected as a police chief before the effective date oft this Act shall complete a program on racial profiling established under Subsection (), Section 96.641, 1701.253, Occupations Code, as added by this Act; and added by this Act. Act, not later than September 1, 2003. Education Code, as added by this Act, not later than September: 1, 2003. SECTION 12. This Act takes effect September 1, 2001 President of the Senate Speaker oft the House 39 Ih 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 Ihereby 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 40 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) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent amended by amending Subsections (a),(b), (d), and (e) and adding Subsection (g) to read as (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 (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle foran (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial (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 (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 oft the (6) require collection of information relating to motorv vehicle [traffic] stops in which a citation is issued and to _arrests made as a result of resuiting-from) those [traffie] stops, including (B) whether a search was conducted and, if so, whether the individual [persen) detained (C) whether the peace officer knew the race or ethnicity of the individual detained before (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit e-he-geweig-wsewy-e: 2.134(b), Code of Criminal Procedure (page 9, lines 40-47). SECTIONS of the bill accordingly: SECTION Article 2.132, Code of Criminal Procedure, is follows: (a) Int this article: vehicleltraffie) stops int the routine performance of the officers' official duties. alleged violation of a law or ordinance. Asian, [er] Native American,or Middle Eastern descent. (1) clearly define acts constituting racial profiling; profiling. The policy must: with respect to the individual; (4) provide public education relating to the agency's complaint process; agency's policy adopted under this article; information relating to: consented to the search; and detaining that individual; and (A) the race or ethnicity of the individual detained; and 41 PwA an annual report of the information collected under (B) the governing body of each county or municipality served by the agency, ift the agency is an (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmiteractivated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [traffie] stops and transmitter activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [traffie] stops. Ifal law enforcement agency installs video or audio equipment as provided byt this subsection, the policy adopted by the agencyunder: Subsection (b) must include standards (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle [traffie] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as (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 disciplinaryp proceduresa against the Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE RAPCAMDPDSIRA STOPS. (a) In B-Pedsnsep-me-aeatwlawéamindwawshwhss beig-detaned-eFtne-purpese-eeFa-EHPHRa-RveSHEAHIO--WAEARe-RGNdHaHS-Rot-under (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance FegwatigtaHC-eStePS2--pedestHan-eH Fsuspecte-dHense, shall report to the law enforcement agency that employs the officeri information relating to the stop, including: (1) a physical description of any [each] person operating the motor vehicle who is detained as a (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 oft the officer's ability; (2) the initial reason for the stop #a#elsw-ererdimanceslegeiehsvebeer-olstederthe (3) whether the officer conducted a search as a result of the stop and, if sO, whether the person (4) whether any contraband or other evidence was discovered in the course of the search and a Subdivision (6): to: (A) the Commission on Law Enforcement Officer Standards and Education;and agency of a county, municipality, or other political subdivision of the state. for reviewing video and audio documentation. required by a policy under Subsection (b)(6). chief administrator. SECTION this article,"racel: Article 2.133, Code of Criminal Procedure, is amended to read as follows: [(1) "Race] or ethnicity" has the meaning assigned by Article 2.132(a). arrest] result oft the stop, including: (A) the person's gender; and suspectedeffense; detained consented to the search; description [thetype] of the contraband or evidence diseevered); (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 42 (C) the search was performed as a result of the towing of the motor vehicle or the arrest ofa any person in the motor vehicle esedamdthe-Bet-swPeIRR-NNNencedlhatprohabe (6) whether the officer made an arrest as a result oft the stop or the search, including astatement 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 stople"Reludnge AMPHORGHHewSNREMAgAAMeANstondhage, (a) through (e) and adding Subsection (g) to read as follows: eausel; SECTION (a) Int this article: Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (1) "Motor vehicel-pedestan, stop" has the meaning assigned by Article2.132(a) meansan nteraetien-betweenapeaeeefe#erandaReNe-SbeIngeetaieeertnerthepurpese-eta (b) Alawe enforcement agency shall compile and analyzet thei information contained ine each report received by the agency under Article 2.133. Not later than March: 1 ofeach 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, tothegoverningl body ofe each county or municipality served by the agency #3-aAReFaPPVed (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 (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 detemmine-te-prewaleneRedHReN-PeNAeHeby-pesce-dfiers (B) examine the disposition of motor vehicle ta#ie-amd-pedestan) 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 (2) information relating to each complaint filed with the agency alleging that a peace officer (d) Areport required under! Subsection (b) may noti include dentilynginformation about a peace officer who makes a motor vehicle taf#e-er-pedestian) stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of (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 FFRHRaHPVestgatHSReraFrest. (2) "Race or ethnicity" has the meaning assigned by Article2 2.132(a). by-theageney. appointed, and must include: (1) a comparative analysis oft thei information compiled under Article 2.133 to: mPeyeyReEePV: and jurisdiction; and employed by the agency has engaged in racial profiling. information required under Article 2.133(b)(1). information as required by this article. 43 (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 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 (1) during the calendar year preceding the date that a report under Article 2.134 is required to (A) each law enforcement motor vehicle regularly used by an officer employed by the agencyto make motor vehicle tale-amd-pedestian) stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle HEaRE-Pe#es#BA, stops is equipped with transmiteractivated equipment; (B) each motor vehicle taficandpedestan) 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 (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 ofi 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 (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 #HEaRePeaes#BA, stop for at least 90 days after the date of the stop. Ifa 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 taHc-er-pedestan, stop, the agency shall retain the video and audio or audio record of the (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) Int this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). chief administrator. SECTION Article 2.135, Code of Criminal Procedure, is amended to read as follows: under Article 2.134 if: be submitted: and recorded by using the equipment; or that purpose. stop until final disposition of the complaint. SECTION read as follows: Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to 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 agencyis liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney (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 general may sue to collect a civil penalty under this subsection. 44 data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each (c) Moneycollected under this article shall be deposited in the state treasury to the credit of the violation. general revenue fund. SECTION Article 102.022 to read as follows: Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Art. 102.022. COSTS ON CONVICTIONTOFUNDSTATEWIDE REPOSITORY FOR DATAF RELATEDTO (2) is classified as a moving violation by the Department of Public Safety under Section 708.052, (b) A defendant convicted of a moving violation in a justice court, county court, county court at CIVIL, JUSTICE. (a) Ini this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and Transportation Code. 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; (3) the court defers final disposition of the person's case. funds ini the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (2) the person receives community supervision, including deferred adjudication;or (d) The clerks oft 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 depositthe (1) keep records of the amount of funds on deposit collected under this article; and (2) send toi the comptroller before the last day of the first month following each calendar quarter (f) Acounty or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality asacollection fee ifthe custodian ofthe county or municipal (g) If no funds due as costs under this article are deposited in a county or municipal treasury in ac calendar quarter, the custodian of the treasury shall file the report required for the quarter in (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 Commissionon Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, the funds collected under this article during the preceding quarter. treasury complies with Subsection (e). the regular manner and must state that no funds were collected. Occupations Code. SECTION ()F Funds collected under this article are subject to audit by the comptroller. (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 ofastatutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) ajury fee (Art. 102.004, Code of Criminal Procedure) : .$20; (2) ai feei for services oft the clerk oft the court (Art. 102.005, Code of Criminal Procedure)... $40; 45 (3) a records management and preservation services fee (Art. 102.005, Code of Criminal (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) : $3; (5) aj juvenile delinquency prevention and graffitie eradication fee (Art. 102.0171, Code of Criminal (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) not to exceed (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 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 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 Procedure). ...$25; Procedure) : .$50 [$5); [and] $5;and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure)...$0.10. by this section. SECTION (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Legislature, Regular Session, 2007, and is further amended to read as follows: of Criminal Procedure on conviction of a defendant as follows: (1) aj jury fee (Art. 102.004, Code of Criminal Procedure). : $20; (2) at fee for clerk oft 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 (4) as security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) : $3; (5) aj juvenile delinquency prevention and graffitie eradication fee (Art. 102.0171, Code of Criminal (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) : - not to exceed (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. 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 (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, (3) aj juryf fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) Procedure) . $25; Procedure) - - $50 [$5); [and] $5;and (7)ac civil justice fee (Art. 102.022, Code of Criminal Procedure)... $0.10. SECTION Section 102.101, Government Code, is amended to read as follows: Criminal Procedure on conviction of a defendant as follows: (1) aj jury fee (Art. 102.004, Code of Criminal Procedure). : $3; Code of Criminal Procedure) : .$3; one juryf fee of $3; 46 (4) as security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ...$ $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) : not to exceed (7) at fee on conviction of certain offenses involving issuing or passing a subsequentydishonored 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) ...$4; $5; Procedure) . not to exceed $7;and (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure)...S0.10 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 (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, (3) aj juryf fee fori two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) (4) as 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 (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . not to exceed of a defendant as follows: (1) aj jury fee (Art. 102.004, Code of Criminal Procedure) .. $3; Code of Criminal Procedure) ..$3; one jury fee of $3; Procedure) not to exceed $4; [and] $5;and SECTION (7)acivil justice fee (Art. 102.022, Code of Criminal Procedure)...S0.10 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 byal law enforcement agencyfrom reports received by thel lawe 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, theW.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 follows: violation of: (1) this chapter; Subsection (a), Section 1701.501, Occupations Code, is amended to read as (a) Except as provided by Subsection (d), the commission shall revoke or suspend al license, place on probation a person whose license has been suspended, or reprimand a license holder fora 47 (2) ther eportingrequirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or (3) ac 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 onlytoinformation based onar motor vehicle stop occurring on or after (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 lawi is continued in effect fori that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of January 1, 2010. the offense occurred before that date. 48 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 SECTION: 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as follows: (B) e3paFteaFdeseentReNGIREA#FGaR/-SPaRHE, Asian or Pacific Islander; stopped for or convicted of traffic offenses. BE IT ENACTED BY THE LEGISLATURE OF THE: STATE OF TEXAS: (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (C) black; (D) white; and (E) Hispanic or Latino Nat.Me-AmeFGaNterP-deseent, SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows: (a) Int this section, "race or ethnicity" means the following categories: (1) Alaska native or American Indian; (2) apaFticardeseentReNdinaweasaR,ARAFGaR,hISPaRE, Asian or Pacific Islander; (3) black; (4) white; and (5) Hispanic or Latino OF-Nate-AmREFaP-deseent. SECTION 3. This Act takes effect September: 1, 2017. President of the Senate Speaker of the House Icertify that H.B. No. 3051 was passed by the House on May 4, 2017, by thei following vote: Yeas 143, Nays 2,2 present, not voting. Chief Clerk of the House vote: Yeas 31, Nays 0. Secretary of the Senate APPROVED: Icertify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following Date Governor 49 The Sandra Bland Act (S.B. 1849) S.B. No. 1849 An Actr trelating toi 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 tograntssupporting: populations that are more likelyt to interact frequently with law enforcement. ARTICLE 1. SHORT TITLE Sandra Bland. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of 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 tot the sheriff's custody has a mental illness orisap 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 ar mental illness ori is a person with an intellectual disability [mental retardation), the magistrate, (2), shall order the local mental health or intellectual and developmental disability mental retardation] authority or another qualified mental health or intellectual disability (A) collect information regarding whether the defendant has a mental illness as defined by 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 (B) provide tot the magistrate: a written assessment oft thei information collected under Paragraph (2) The magistrate is not requiredtoordert the collection ofi information under Subdivision except as provided by Subdivision [mental retardation] expert to: Section 571.003, previous assessment oft the defendant; and (A). 50 (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 Imentalretardation): authority or another mental health ori intellectual disability (1). A court that elects to use the results of that previous determination may proceed (3) Ift 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 oft the head oft thei facility. Ifadefendant who has been ordered to ai 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 (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 ai 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 [mental retardation] expert described by Subdivision under Subsection (c). ina accordance with the state travel regulations in effect at the time. information under Subsection (a)(1)(A) and the applicable expert's observations and findings pertaining to: intellectual disability [mental retardation); Subchapter B, Chapter 46B; and (3) recommended treatment. defendant under Subsection (b) court may, as applicable: (1) whether the defendant is a person who has a mental illness or is a person with an (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 (c) After thet trial court receives the applicable expert's written assessment relating to the or elects to use the results of a previous determination as described by Subsection (a)(2), thei trial (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, ifr required, as provided by Chapter 46B 51 or other proceedings affecting the defendant's receipt of appropriate court-ordered mental health ori intellectual disability mentalretardation) services, including proceedings related tot the defendant's receipt of outpatient mental health services under Section 574.034, Health and (3) consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested, as part ofa a presentence investigation report, or in connection with the impositions of conditions following placement on community (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 (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 Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each lawe enforcement agency shall make agood faith effortto divertap person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment Safety Code; or supervision, including deferred adjudication community supervision. [mentally retarded defendant] from custody on personal or surety bond; or read as follows: center in the agency'sj jurisdiction if: which the agency may divert the person; (1) there is an available and appropriate treatment center ini the agency's jurisdiction to (3) the offense that the person is accused ofisamisdemeanor, otnertnanamisdemeanor (4) the mental health crisis or substance abuse issue is suspected to be the reason the (b) Subsection (a) does not apply to a person who is accused of an offense under Section (2) it is reasonable to divert the person; involving violence; and person committed the alleged offense. 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 governmenta. 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 52 (2) establishing or expanding collaboratives thatserve two or more counties, each with a (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 (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 (3) provide evidenceofal local law enforcement policytodiverta appropriate persons from jails or other detention facilities to an entity affiliated with a community collaborative for the SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITYCOLLABORATIVES. (a) The governing (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 (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; (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 ofa 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 (c) Two or more counties, each with a population of less than 100,000, may form a joint population of less than 100,000 [collaborative). tot the amount of the grant awarded under this section; [and] grant awarded under this section; and purpose of providing services to those persons. asi follows: body of a county shall develop and make public a plan detailing: community collaborative to accomplish the goals of Section 539.002; and (a). 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 Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as (b) A magistrate shall release a defendant on personal bond unless good cause is shown follows: MENTAL ILLNESS OR INTELLECTUAL DISABILITY. follows: 53 otherwise if the: offense; this code); 16.22: (1) defendant is not charged with and has not been previously convicted of a violent (2) defendant is examined by the local mental health ori intellectual and developmental disability mental retardation] authority or another mental health expert under Article 16.22 [of (3) applicable expert, in a written assessment submitted to the magistrate under Article (A) concludes that the defendant has a mental illness or is a person with ani intellectual disability (B) recommends mental health treatment ori intellectual disability treatment for the defendant, (4) magistrate determines, in consultation with thel local mental health ori 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 (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 ori intellectual disability [mental retardation] treatment as recommended by the local mental health or intellectual and developmenta. disability [mental (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 [mental retardation] and is nonetheless competent to stand trial; and as applicable; and ori intellectual disability [mental retardation] services provider. retardation) authority if the defendant's: treated. SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows: Art. 25.03. IFON 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] counselL] 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 ori information tot 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 at the earliest possible time. reenacted and amended to read as follows: 54 (a) The commission shall: (1) adopt reasonable rules and procedures establishing minimum standards for the (2) adopt reasonable rules and procedures establishing minimum standards for the (3) adopt reasonable rules establishing minimum standards for the number of jail (4) adopt reasonable rules and procedures establishing minimum requirements for (6) provide to local government officials consultation on and technical assistance for (7) review and comment on plans for the construction and major modification or (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 (9) review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission construction, equipment, maintenance, and operation of county. jails; custody, care, and treatment of prisoners; supervisory personnel and for programs and services to meet the needs of prisoners; programs of rehabilitation, education, and recreation in countyjails; (5) revise, amend, or change rules and proceduresi sifnecessary; county jails; renovation of county jails; law, commission orders, and the rules adopted under this chapter; 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 (11) adopt rules relating to requirements for segregation of classes of inmates and to (12) require that the chief jailer of each municipal lockup submit to the commission, on aform 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. jaili is in compliance with the rules (14) require that the sheriff and commissioners court of each county submit to the commission, onaform prescribed by the commission, an annual report of persons under 17years 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 (16) adopt a policy for gathering and distributing to jails under the commission's program under Article 42.034, Code of Criminal Procedure; capacities for county jails; and procedures adopted under this chapter; inspections process; jurisdiction information regarding: (A) common issues concerning. jail administration; (B) examples of successful strategies for maintaining compliance with state law and the rules, 55 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 (18) adopt reasonable rules and procedures establishing minimum requirements forj jails Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; to: (A) determine if a prisoner is pregnant; and (B) ensure that thej jail'shealth services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are (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 (20) adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a countyj jail with a minimum oft twoi in-person, noncontact (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 (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 (22)[ [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner ata (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 (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 (A) give prisoners the ability to access a mental health professional at the jail through a (B) give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, ifal health professional is unavailable at the jail or through at telehealth service, provide for a prisoner to be transported to access al health professional; and (C) iffunding 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 SECTION3 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read confined in the jail and are known or determined to be pregnant; avoiding the appearance of impropriety; [and] visitation periods per week of at least 20 minutes duration each; (21) [(20)] require the sheriff ofe each county to: Veterans Affairs or a similar service; and administered by the United States Department of Veterans Affairs; county. jail by a guardian, as defined by Section 1002.012, Estates Code, that: prisoner is otherwise eligible to receive visitors; and rules and procedures that require a county jail to: telemental health service 24 hours a day; individuals. 56 asi 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 SECTION: 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019,511.020, Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fundi is a dedicated account int the taken into custody. and 511.021 to read as follows: 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 (c) Money in the fund may be appropriated only to the commission to pay for capital (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 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: received for the fund. improvements that are required under Section 511.009a)(23). prisoners. (1) a suicide; (2) an attempted suicide; (3) a death; Section 1.07, Penal Code; (5) an assault; (6) an escape; (7) a sexual assault; and (4) as serious bodily injury, as that term is defined by (8) any use oft force resulting in bodily injury, as that term is defined by Section 1.07, Penal (b) The commission shall prescribe a form for the report required by Subsection (a). (c) The information required tol be reported under Subsection (a)(8) may not include the (d) The information reported under Subsection (a) is public information subject to an Code. name or other identifying information of a county. jailer or jail employee. open records request under Chapter 552. Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTY JAIL. (a) On the deathdlaptiomer/nacoumtyatmecommison shall appointala lawenforcement agency, other 57 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 tot 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 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 (2) prescribe the form required by Section 511.020(b), Government Code, as added by continued in effect fori that purpose. added by this article; and this article. SECTION 3.10. Not later than September 1, 2018, the Commission on. Jail Standards shall adopt the rulesa and procedures required by Section 511.009a)(23), Government Code, as added by this article. On and after September 1, 2020, a county jail shall comply with any rule or procedure SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to non-substantive additions to and corrections in adopted by the Commission on. Jail Standards under that subdivision. 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 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 as follows: 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 (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 be reinstated until the person passes the examination. 58 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 (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 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, ini 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 agencythat appoints or employs peace officers to provide each peace officer with at training program at least once every 48 months that is approved by the commission and consists of: techniques to facilitate interaction with persons with mental impairments. force resulting in bodily injury. (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 (B) de-escalation and crisis intervention techniques to facilitate interaction with persons with (C) de-escalation techniques to facilitate interaction with members of the public, including (D) unless determined by the agency head to be inconsistent with the officer's assigned duties: (i) the recognition and documentation of cases thati involve child abuse or neglect, family the commission regarding: mental impairments; [and] (A) civil rights, racial sensitivity, and cultural diversity; techniques for limiting the use ofi force resulting in bodily injury; and violence, and sexual assault; and (ii) issues concerning sex offender characteristics. SECTION4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n)toread 59 ast 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 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 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, (b) The minimum curriculum requirements under Section: 1701.253(), Occupations Code, as amended by this article, apply only to a peace officer who first begins to satisfy those SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect (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, 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) Each law enforcement agency in this state shall adopt a detailed written policy on (2) strictly prohibit peace officers employed by the agency from engaging in racial (3) implement a process by which an individual may file a complaint with the agency if thei individual believes that a peace officer employed byt the agency has engaged in racial profiling (4) provide public education relating to the agencyscomplment 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 (5) require appropriate corrective action to bei taken against a peace officer employed by the agency who, after an investigation, is shown tol have engaged in racial profiling in violation of (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued andi to arrests made as a result of those stops, including information commission under Section 1701.253(n). 511.00905, Government Code, as added by this article. Occupations Code, as amended by this article. requirements on or after April 1, 2018. January 1, 2018. 2021. (b) and (d) and adding Subsection (h) to read as follows: racial profiling. The policy must: (1) clearly define acts constituting racial profiling; profiling; with respect to the individual; officer; the agency's policy adopted under this article; 60 relating to: the search; [and] detaining that individual; (A) the race or ethnicity oft the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to (C) whether the peace officer knew the race or ethnicity of the individual detained before (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 oft the agency, regardless of whether the administrator iselected, employed, ora appointed, to submit an annual report oft the information collected under (B) the governing body of each county or municipality served by the agency, if the agency is an (d) Onadoption of a policy under Subsection (b), al law enforcement agency shalle examine the feasibility ofi installing video camera and transmiteractivated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops andi transmitteractivated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine thei 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. Ifal 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 (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 SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection (b) Apeace officer who stops amotor vehicle fora an alleged violation ofal law or ordinance shall report to the law enforcement agency that employs the officer information relating to the (1) a physical description of any person operating the motor vehicle who is detained as a Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and agency of a county, municipality, or other political subdivision of the state. documentation. vehicle stops. (b) and adding Subsection (c) to read as follows: stop, including: 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; person detained consented tot the search; (3) whether the officer conducted a search as a result of the stop and, if sO, whether the (4) whether any contraband or other evidence was discovered int the course oft the search 61 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 (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 ofatraffic 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] person ini the motor vehicle; (8) whether the officer issued a verbal or written warning or at ticket or citation as a result (9) whether the officer used physical force that resulted in bodily injury, as that term is (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 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) Areport required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator ise elected, employed, or (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, ofp persons who are recognized as racial or ethnic minorities and persons who are not recognized (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 (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 (2) information relating to each complaint filed with the agency alleging that a peace oft the stop; and defined by Section 1.07, Penal Code, during the stop. Subsection (b) appointed, and must include: as racial or ethnic minorities; [and] any searches resulting from stops within the applicable jurisdiction; and of those searches; and officer employed by the agency has engaged in racial profiling. SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read asi 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, 62 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 (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 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 acivil penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The top prioritize funding or equipment provided to law enforcement agencies. 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). 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 (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 (A) ac downloadable format ofanyir information submitted under Article 2.134(b), Code ofCriminal shall: guidelines to better withstand academic scrutiny; and (2) make accessible online: 63 Procedure, thati 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 Yeas 31, Nays 0. Ihereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote: Secretary of the Senate Ihereby 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 64 ARANSAS PASS POLICE DEPARTMENT RACIAL PROFILING POLICY 65 Policy 401 Aransas Pass Police Department Aransas Pass Police Policy Manual (new) Bias-Based Policing 401.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the Aransas Pass Police Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach and partnerships). Department's commitment to policing that is fair and objective. 401.1.1 DEFINITIONS Definitions related to this policy include: Bias-based policing - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Tex. Code of Crim. Pro. art. 3.05). 401.2 POLICY The Aransas Pass Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 401.3 BIAS-BASED POLICING PROHIBITED Bias-based policing is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes. 401.4 MEMBER RESPONSIBILITIES Every member of this department shall perform his/her duties in a fair and objective manner and isr responsible for promptly reporting any suspected or known instances of bias-based policing to as supervisor. Members should, when reasonable to do sO, intervene to prevent any bias-based actions by another member. 401.4.1 REASON FOR CONTACT Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual. Copyright! Lexipol, LLC 2021/12/06, AIIF Rights Reserved. Publishedy with permissiont by Aransas Pass Police Bias-Based Policing 244 Department Aransas Pass Police Department Aransas Pass Police Policy Manual (new) Bias-Based Policing To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as Except for required data-collection forms or methods, nothing ini this policy shall require any officer applicable. to document a contact that would not otherwise require reporting. 401.4.2 REPORTING MOTOR VEHICLE STOPS The Patrol Division Commander should ensure that the Department has appropriate systems in place to collect information required by state racial profiling laws (Tex. Code of Crim. Pro. art. Each time an officer makes a motor vehicle stop, the officer shall gather the required information 2.132 (Tier One); Tex. Code of Crim. Pro. art. 2.133 (Tier Two)). using the system inj place for racial profiling reporting. 401.5 SUPERVISOR RESPONSIBILITES Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints (a) Supervisors should discuss anyi issues with thei involved officer and his/her supervisor 1. Supervisors should document these discussions, in the through our Guardian (b) Supervisors shouldperiodically, review Mobile Audio/Video WA/lecordings.ponabe audio/video recordings, Mobile Data Terminal (MDT) data and any other available resource used to document contact between officers and the public to ensure 1. Supervisors should document these periodic reviews by tagging videos they review with the "Racial Profiling & Policy Review" tag in evidence.com. 2. Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c) Supervisors shall initiate investigations of any actual or alleged violations of this policy (d) Supervisors should take prompt and reasonable stepst to address any retaliatoryaction taken against any member of this department who discloses information concerning Policy. in a timely manner. Tracking system. compliance with this policy. and refer their findings for an internal affairs investigation. bias-based policing. 401.6 STATE REPORTING body served by the Department. Copyright! Lexipol, LLC 2021/12/06, AIIF Rights Reserved. Publishedy with permissiont by Aransas Pass Police The Chief of Police shall annually submit a report of thei information required in Tex. Code of Crim. Pro. art. 2.132 to the Texas Commission on Law Enforcement (TCOLE) and to each governing Bias-Based Policing 245 Department Aransas Pass Police Department Aransas Pass Police Policy Manual (new) Bias-Based Policing The Chief of Police shall also provide to TCOLE and each governing body served by the Department a report containing an analysis of the information required by Tex. Code of Crim. Pro. art. 2.133. The report must be submitted by March 1 of each year (Tex. Code of Crim. Pro. The reports may not include identifying information about any officer who made the motor vehicle stop or about any individual who was stopped or arrested (Tex. Code of Crim. Pro. art. 2.132; art. 2.134). Tex. Code of Crim. Pro. art. 2.134). 401.7 ADMINISTRATION The Patrol Division Commander should review the efforts of the Department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police. The annual report shouldi not contain anyi identifyingi information about any specific complaint, member of the public or officer. It should be reviewed by the Chief of Police toi identify any changes in training or operations that should be made toi improve service (Tex. Code of Crim. Supervisors should review the report submitted to TCOLE and the governing body and the annual Pro. art. 2.132). report and discuss the results with those they are assigned to supervise. 401.8 COMPLIMENTS AND COMPLAINTS The Patrol Division Commander is responsible for educating the public on the Department's compliment and complaint process (see the Personnel Complaints Policy). This education may be achieved by information provided through the DeparmentweDsite and via the Patrol Department's Homepage. This information shall include the telephone number (361-758-5224), mailing address (600 Cleveland Blvd., Aransas Pass, Texas 78336) and e-mail Unform/heCherearansaspassix.gov, address to make a compliment or complaint Int the event that an investigation is initiated against an officer or staff member for a violation of this policy, the Patrol Division Commander should ensure that a copy of any related recording is provided as soon as practicable to the employee upon written request (Tex. Code of Crim. Pro. regarding a ticket, citation, warning issued or other staff interaction. art. 2.132). 401.9 TRAINING All sworn members of this department will be scheduled to attend TCOLE-approved training on the subject of racial- and bias-based profiling. This training shall be completed no later than the second anniversary of the date the officer was licensed, or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001,held a TCOLE intermediate proficiency certificate, or who had held a peace officer license issued by TCOLE for at least two years, shall complete a TCOLE training and education program on racial profiling not later than September 1, 2003. Each member of this department undergoing initial TCOLE-approved training will thereafter be required to complete an approved refresher Copyright! Lexipol, LLC 2021/12/06, AIIF Rights Reserved. Publishedy with permissiont by Aransas Pass Police Bias-Based Policing 246 Department Aransas Pass Police Department Aransas Pass Police Policy Manual (new) Bias-Based Policing course every five years or sooner if deemed necessary, in order to keep current with changing racial issues and cultural trends. Iti is the responsibility of the Department Training Coordinator to ensure all officers remain in compliance with this requirement. Copyright! Lexipol, LLC 2021/12/06, AIIF Rights Reserved. Published with permissiont by Aransas Pass Police Bias-Based Policing 247 Department For additional questions regarding the information presented in this report, please contact: Del Carmen Consultingo 817.681.7840 www.texastaclalpronimg.com wwwdelcarmenconsu.ting.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting O, 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 oft the information contained in this report. Copyright 2023 Del Carmen Consulting All Rights Reserved. Copyright: This report may not be altered or reproduced outside the agreed terms, in any manner whatsoever without the written permission of the author. nbot CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of February 3, 2025 Date: January 28, 2025 To: Mayor and City Council From: Kandice Garrett, City Secretary Title: Ordering a General Election = May 3, 2025 PURPOSE: Consideration of approving a Resolution ordering an election to be held in the City of Aransas Pass on May 3, 2025 for the purpose of electing a mayor and council members to places 1 and 3; submitting proposed city charter amendments to the qualified voters for their approval at said election; authorizing a Joint Agreement with San Patricio County Elections Administrator for the conduct of the election; providing for procedures for holding such election; providing for notice of election and publication; providing for establishment of early voting polling place and designating election day polling place location; providing a severability clause; and providing an effective date. The early voting period will begin on April 22, 2025 through April 29, 2025, with two 12- hour days on April 22 and April 28, 2025. BACKGROUND AND FINDINGS: As stated in the City Charter, the general election shall be held in compliance with the Texas Election Code as allowed in Section 41.001(a) and enter into a joint election with San Patricio County Elections Administrator. CONFORMITYTO CITY POLICY: This Resolution complies with the requirements of the Texas Election Code and the City Charter. Finance DEPARTMENTAL CLEARANCES: RECOMMENDATION: Approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Joint Election Agreement RESOLUTION NO. 2025-1072 A RESOLUTION ORDERING AN ELECTION TO BE HELD IN THE CITY OF ARANSAS PASS ONI MAY3, 2025 FORTHE PURPOSE OFELECTING AMAYORA ANDCOUNCIL MEMBERSTOPLACES1AND3,SUBMITING PROPOSED CITY CHARTER AMENDMENTS TO THE QUALIFIED VOTERS FOR THEIR APPROVAL AT SAID ELECTION; AUTHORIZING A JOINT AGREEMENT WITH SAN PATRICIO COUNTY ELECTIONS ADMINISTRATOR FOR THE CONDUCT OF THE ELECTION; PROVIDING FOR PROCEDURES FOR HOLDING SUCHE ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION; PROVIDING FOR ESTABLISHMENT OF EARLY VOTING POLLING PLACE AND DESIGNATING ELECTION DAY POLLING PLACE LOCATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. A municipal election is ordered to be held in the City of Aransas Pass on Saturday, May 3, 2025, such date being a uniform election date as definedi in Texas Election Code $41.001, for the purpose of electing a Mayor and Council Members to Places 1 and 3;and submitting proposed city charter amendments to the qualified voters for their approval SECTION: 2. At the election, the voters shall be presented with thei following propositions in the form prescribed by the Texas Election Code concerning amendments to the Charter: at said election; Proposition A Shall the City Charter be amended to restrict the city manager from heading one (1) or more departments except on a temporary, interim Shall the City Charter be amended to provide term limits for council Shall the City Charter be amended to clarify the selection process for Shall the City Charter be amended to require the City to provide that resolutions and ordinances must be adopted by the affirmative vote of Shall the City Charter be amended tor require all bond issues over eight Shall the City Charter be amended to limit the sale of utility services basis? Proposition B Proposition C Proposition D members and the mayor? ar member to serve as Mayor Pro-Tempore? ar majority of members present and voting? million dollars to be approved by the voters? Proposition E Proposition F outside the City Limits? SECTION3. The election and early voting shall be conducted at thet time and in the manner specified in an agreement between San Patricio County and the City of Aransas Pass SECTION 4. The manner of holding such election and all questions pertaining thereto shall regarding election process and practices. be governed by the election laws of the State of Texas. Resolution No. 2025-1072 Page 1 of2 SECTION! 5. San Patricio County will conduct the General Election on May 3, 2025 and for the City of Aransas Pass with the polls open from 7:00 am to 7:00 pm as set forth in the SECTION 6. For Election Precincts 1A, 106 and 115, Aransas Pass, Texas, with the Presiding Judge and Alternate Judge to be appointed by the San Patricio County Elections Administrator. The rate of pay for the election officers for Judges will be $11.00 per hour, Clerks will be $10.00 per hour, and. Judges will receive an additional fee of $25.001 for pickup Early voting in person will be conducted beginning on April 22, 20241 through April 29, 2025 as set forth in the agreement, at the Aransas Pass Civic Center, 700 W. Wheeler, Aransas Pass, Texas. Said place of voting shall remain open between the hours of 8:00 am to 5:00 pm on each weekday, and two twelve-hour days being April 22, 2025 and April 28, 2025, from 7:00 am to 7:00 pm, as set forth in the agreement and made part of this ordinance. Mail ballot applications shall be mailed to Pam Hill, San Patricio County Elections SECTION 7. Ballots shall be prepared in accordance with the Texas Election Code. The Hart' Verity Voting System shall be used for the conduct of the voting on election day and for early voting to be conducted by the San Patricio County Election Administration Office and said system approved by the Texas Secretary of State. All expenditures necessary for the conduct oft the election, the purchase ofr materials thereof, andi the employment of all election officials is hereby authorized as per the Agreement for Joint Election with the San Patricio SECTION8. The City Secretary is directed to post and publish such election notices asa are SECTION9. Itwas determined that the Hart' Verity Voting System (Version 2.0) will be used int the above-mentioned election for early voting by personal appearance, election day, and paper ballots voted by mail and otherwise, andi in accordance with the Texas Election Code, the San Patricio County Elections Administrator is hereby appointed as the Early Ballot SECTION 10. This Resolution shall take effect and be in effect after its passage. agreement and made part of this ordinance. and delivery of election supplies. Administrator, 410' W. Market Street #1, Sinton, Texas. County Election Administration Office and attached as Attachment A. required by the Election Laws of the State of Texas. Board for said Election. PASSED AND ADOPTED this the 3rd day of February, 2025. Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Resolution No. 2025-1072 Page 20 of2 THE STATE OF TEXAS COUNTY OF SANI PATRICIO $ $ $ COMMISSIONERS COURT CONTRACT: FOR ELECTIONSERVICES THIS AGREEMENT FOR ELECTION SERVICES (hereinafter "Contract") is made this 3rd day ofJanuary, 2025, by and between San Patricio County, Texas (hereinafter' "County"), and City of Aransas Pass and Aransas Pass Independent School District (collectively hereinafter "Political Subdivision"), pursuant to Texas Election Code Sections 31.092 and 271.002 for a May 3, 2025 election tol be administered by Pamelal Hill, San PatricioCounty Elections Administrator, This Contract is subject to the written approval of the County's attorney and shall not be binding on the parties until such written approval is obtained. Upon written approval of the County's attorney and the participating parties, this Contract shall be binding on said parties. (hereinafter "Elections Administrator"). RECITALS WHEREAS, Political Subdivision, at its sole expense, is holding a general election for the WHEREAS, County owns an electronic voting system, the Hart Verity Voting System (Version 2.7), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122, as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County's electronic voting system and to compensate County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to selection of certain elected officers on May 3, 2025. the parties, ITI IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a "Joint Election" in accordance with Chapter 271 of the Texas Election Code and this Contract. The San Patricio County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in Political Subdivision agrees to pay San Patricio County for equipment, supplies, services, and administrative costs as provided in this Contract. The San Patricio County Elections Administrator shall serve as the administrator for the Joint Election; however, Political Subdivision shall remain responsible for the decisions and actions ofi its officers necessary for the lawful conduct ofi its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers oft the Political this Contract. 1of10 Subdivision. Iti is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and iti is agreed that San Patricio County and the Elections Administrator may enter into other joint election agreements and contracts for election services for those purposes on terms and conditions generally similar to those set forth in this Contract. Political Subdivision agrees that San Patricio County may enter into joint election agreements with other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall share aj joint ballot on the County's electronic voting system at the applicable polling places. In such cases, costs shall be pro-rated among the participants At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share ai mutual ballot in those precincts where jurisdictions However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating ai measure on which the voter is ineligible to vote. Multiple ballot styles shall according to Section X ofthis Contract. overlap. be available in those shared polling places where jurisdictions do not overlap. II. LEGALI DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Ifn necessary, the Political Subdivision shall prepare a submission to the United States Department of Justice for pre-clearance of the joint election procedures and polling places, pursuant to the San Patricio County Elections Administrator. Voting Rights Act of 1965, as amended. III. VOTINGI LOCATIONS The Elections Administrator shall select and arrange for the use ofa all election day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by the County. The proposed voting locations are listed in Attachment B, as amended, of this Contract. In the event a voting location is not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Political Subdivision. The Elections Administrator shall notify the Political Subdivision in writing of any If polling place(s) for the May 3, 2025 election are different from the polling place(s) used by changes to the locations listed in Attachment B. 2of10 Political Subdivision in its most recent election, Election Administrator agrees to post a notice (in English and Spanish) no later than May 2, 2025 at the previous polling places in the jurisdiction stating that the polling location has changed and stating the Political Subdivision's polling place IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Political Subdivision shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Political Subdivision, thel Elections Administrator agrees to assist ini recruiting The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter Co of Chapter 32 oft the' Texas Election Code, and will take the necessary steps toi insure The Elections Administrator shall arrange for the training of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up theire election supplies. Each] presiding election judge willl be sent al letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding. judge may appoint. Each election judge and clerk will receive compensation as stated in Attachment "A" from Political Subdivision at an hourly rate established by the Political Subdivision pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to election day and for returning the supplies and equipment to the The Elections Administrator may employ other personnel necessary for the proper administration oft the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on election day. and for the efficient tabulation of ballots at the central counting station. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated Iti is agreed by all parties that at all times andi for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are: independent contractors and are: not employees or agents of the County or Political Subdivision. No statement contained in this Contract shall be construed SO as to find any. judge, clerk, or any other election personnel an employee or agent of the County or Political Subdivision, and no election personnel shall be entitled to the rights, privileges. or benefits of County or Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent oft the County or Political Subdivision unless considered a county employee as determined by the San Patricio names and addresses in effect for the May 3, 2025 election. polling place officials who are bilingual (fluent in both English and Spanish). that all election judges appointed for the. Joint Election are eligible to serve. central counting station after the polls close. at the rate set by San Patricio County. County Human Resources Department. 3of10 V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but notl limited to official ballots, sample ballots, voter registration lists, and all: forms, signs, maps and other materials used by the election judges at the voting locations. At each polling location, joint participants shall share voting equipment and supplies tot the extent possible. Thej participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive al ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions doi not overlap. The Elections Administrator: shall provide the necessary voter registration information, maps, instructions. and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a Political Subdivision shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). This list shall be delivered to the Elections Administrator as soon as possible after ballot positions have been determined by each of the participating authorities. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. proper election. VI. EARLYVOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Political Subdivision agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by San Patricio County pursuant to Section 83.052 of the Texas Election Code. Early Voting by personal appearance will be held at the locations. dates, and times listed in Attachment "B", as amended, of this Contract. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Political Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for The Elections Administrator shall, upon request, provide the Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following processing. the election. 4of10 VII. EARLY VOTING BALLOT BOARD Political Subdivision with the help of the Elections Administrator if requested shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION ANO ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to: receive and tabulate the voted ballots in accordance with the provisions of The participating authorities hereby, in accordance with sections 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Laura Stevens, Assistant Election Administrator Tabulation Supervisor: Pamela Hill, Election Administrator Presiding Judge: Victoria Pereida, Election Clerk the Texas Election Code and of this Contract. The Counting Station Manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. Said Manager shall be responsible for releasing cumulative totals and precinct returns from the election to the joint participants, by distribution of hard copies transmittals by facsimile and The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 ofthe Texas Election Code unless a waiveris granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be by phone (when SO requested). responsible for the official canvass of their respective elections. provided to each participating authority and the Secretary of State's Office. IX. RUNOFF ELECTION Political Subdivision shall have the option of extending the terms of this Contract through its runoff election, if applicable. In the event of such runoff election, the terms of this Contract shall automatically extend unless the Political Subdivision notifies the Elections Political Subdivision shall reserve the right to reduce the number of early voting locations and/or election day voting locations in any runoff election. If necessary, any voting changes Administrator in writing within 10 days of the original election. 5of10 made by the Political Subdivision between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. X.ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared shall be pro-rated equally Itis agreed that the normal rental rate of tenj percent (10%) for the County's voting equipment used on election day shall be charged and pro-rated among the participants utilizing each polling Costs for Early Voting by Personal Appearance shall be allocated as shown in Attachment " A"of among the participants utilizing that polling place. location. this Contract. XI. WITHDRAWAL FROM CONTRACTDUETO CANCELLATION OF ELECTION Political Subdivision may withdraw from this Contract and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The Political Subdivision is fully liable for any expenses incurred by San Patricio County on behalf of the Political Subdivision. Any monies deposited with the County by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. XII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the. Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of the County's records. The Elections Administrator shall ensure that the records are maintained in an orderly manner SO that the records are clearly Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. Iti is the responsibility of each participating authority tol bring to the attention oft the Elections Administrator identifiable and retrievable. 6of10 any notice of pending election contest, investigation, litigation or open records request which may bei filed with the participating authority. XIII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Political Subdivision's official ore employee who performs the duties ofasecretary under the Texas Election The Elections Administrator agrees to provide advisory services to the Political Subdivision as Code shall serve as Recount Coordinator. necessary to conduct aj proper: recount. XIV. MISCELLANEOUS PROVISIONS 1. Because other districts and political subdivisions may wish to participate in the use of the County'selection: equipment and voting places, it is agreed that thel Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by 2. The Elections Administrator shall file copies oft this Contract with the San Patricio County Treasurer and the San Patricio County Auditor in accordance with Section 31.099 of the 3. In the event that legal action isi filed contesting Political Subdivision' s election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, thel Elections Administrator, and additional election 4. Nothing in this Contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this Contract or a violation 5. The parties agree that under the Constitution and laws of the State of Texas, neither San Patricio County nor Political Subdivision can enteri into an agreement whereby either party agrees toi indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. 6. This Contract shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in San Patricio County, 7. In the event one or more of the provisions contained in this Contract shall for any reason bel held tol be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or the participating authorities. Texas Election Code. personnel as necessary. of the Texas Election Code. Texas. 7of10 unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained 8. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 9. The waiver by any party of a breach of any provision of this Contract shall not operate as 10. Any amendments of this Contract shall be of no effect unless in writing and signed by all herein. orb be construed as a waiver of any subsequent breach. parties hereto. XV. COST ESTIMATES The exact amount of the Political Subdivision's cost obligation under the terms of this Contract shall be calculated after the May 3, 2025 election (or runoff election, if applicable), and if the amount of the Political Subdivision's cost obligation exceeds the amount deposited, the Political Subdivision shall pay to San Patricio County the balance due within thirty (30) days after receipt IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has been of the final invoice from the Elections Administrator. executed on behalf of the parties hereto as follows, to-wit: Itl has on the authorizing; It has on the day of 2025 been executed on behalf of San Patricio County by the County Judge and the Elections Administrator pursuant to the Texas Election Code SO day of 2025 been executed on behalf of the Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action of the Political Subdivision SO authorizing; ATTEST: SAN PATRICIO COUNTY, TEXAS David R. Krebs, County Judge ATTEST: POLITICAL SUBDIVISION Pamela Hill, Election Administrator Title: 8of10 ATTACHMENT. A VOTINGI EQUIPMENT Each represents aj per day fee: Verity Controller: Vdrive Verity Scanner $465.00 $525.00 $65.00 $525.00 Verity Touch with Access (disability): STAFF FOR POLLINGLOCATIONS Judges: $14.00 per hour Clerks: $13.00 per hour Judges: $25.00 fee for Pickup and Delivery to San Patricio County Election Administrator's Office in Sinton, Texas. PROGRAMMING EQUIPMENT AND BALLAT PRODUCTION: $1,000.00 for programming and testing equipment .20 cents for each mail ballot $3.00 mail ballot kit plus cost of postage $250.00 audio translation $300.00 election night tallying and reports ADMINISTRATION FEE: $500.00 per election 9of10 ATTACHMENT B Early Voting Location: Aransas Pass Civic Center Dates: April 22-2 29, 2025 Times: April 22 & 28 7:00am - 7:00pm April 23, 24,25&298 8:00am - 7:00pm Election Day Location: Aransas Pass Civic Center Date: May 3, 2025 Time: 7:00: a.m. - 7:00 p.m. 10of10 Hanboz CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of February 3, 2025 Date: January 27, 2025 To: Honorable Mayor and Council From: Kaylynn Paxson, Director of Community Enrichment TITLE: Consider and Act on Issuance of Request for Proposals for the 2025 Independence Celebration Firework Display to be held at Community Park. PURPOSE: Authorize Staff to publish an RFP for the annual firework show scheduled for July 5, 2024. Alternate date option for July 4th or6 6th, 2025. BACKGROUND AND FINDINGS: This will be the 11th annual firework show put on by The City of Aransas Pass. CONFORMITY TO CITY POLICY: This conforms to city policy and state purchasing guidelines. FINANCIAL IMPACT: The cost of the show has been historically $20,000 in years past. CITY OF ARANSAS PASS, TEXAS REQUESTS FOR PROPOSAL (RFP) FIREWORKS SHOW FOR INDEPENDENCE DAY CELEBRATION 2025 SPECIFICATIONS AND GENERAL PROPOSAL REQUIREMENTS FOR THE INDEPENDENCE DAY CELEBRATION FIREWORKS SHOW FOR THE CITY ARANSAS PASS NOTICE TO RESPONDERS: REQUEST FOR PROPOSALS (RFPs) FOR FIREWORK CONTRACTOR The City of Aransas Pass is accepting Proposals for Professional Services fora a Community Firework Display. Sealed proposals will be received from all interested parties at the City Secretary's Office of the City of Aransas Pass, 600 W. Cleveland, Aransas Pass, Texas 78336. Deadline to submit proposals is Monday March 3, 2025 at 3:00 PM. Proposals shall be submitted in a sealed envelope and marked as follows: ATTN: CITY SECRETARY "FIREW/ORKS SHOW CONTRACTOR" CITY OF ARANSAS PASS 600' W. CLEVELAND ARANSAS PASS, TEXAS 78336 A proposal package may be obtained from the City Secretary's Office located at 600V W. Cleveland, Aransas Pass, Texas 78336, (361) 758-5301, or from the City's Website. wwwdhonransapas.gw The city reserves the right to reject all bids, close the bid without prior notice, or award the bid to a party other than the lowest bidder. 1 SPECIFICATIONS: Display must be a minimum of 15 minutes in length and not exceed 20 minutes. Cost for the display shall not exceed $23,000. The display will be scheduled for the evening of July! 5, 2025 (1st choice). Alternative Date(s) will be July 4th or 6th, 2024. The City will provide staging area. City of Aransas Pass. Display shall be choreographed to a music selection approved by the All necessary permits must be secured 15 days prior to show. Display shall include a spectrum of styles, patterns and sound effects. Show must include 6" firework shells within the variety used. All shells must be fired with an electronic computer firing system. There should be no large gaps of time between shells, good display pacing, multiple firing, tailed effect and a choreographed control of the display execution. Contractor shall provide information on average pace of shells per minute. Contractor shall be responsible for the use of appropriate racks for each shell type, to ensure fire safety. Aransas Pass Fire Chief will have sole discretion as to the decision to fire shells based on inclement weather, wind, crowd issues, security, etc... Contractor must be available for display on back-up date. Display presentation must be staffed and executed by trained and licensed personnel in pyrotechnics. The specific date will be identified in Int the event the display is canceled for any reason, contractor is responsible for securing product and equipment in the staging area. Contractor is also responsible for providing security needed for equipment, product and staging area until the display is executed on the Supplier must provide a flash drive containing music which has been City will barricade and determine staging location. See Site Map. the Contract for Services. back-up date. choreographed fori the fireworks display. 2 Staging area for firing display will be ready for set-up at 8:00 am the day Contractor is required to provide security at staffing area for equipment and product during pre-event set-up and up through display. Contractor must be federally licensed for pyrotechnic displays. The use of alcohol by Contractor in Staging Area is strictly prohibited. Contractor must provide at a minimum $1,000,000.00 general commercial liability insurance policy with the City listed as an additional Contractor must submit an invoice prior to receiving payment. To facilitate payment process, it is recommended that an invoice be submitted prior to the show. The payment schedule is determined by the City and payment for goods and services will follow all state and The City will provide support at the event to include Public Safety Contractor must help identify and locate any unexploded shells. Contractor must participate with a sweep of grounds for debris at the prior to the scheduled event. insured. local guidelines. personnel. conclusion of the event. EXAMPLE OF PREVIOUS YEAR SHOWS: Show was fired from one central staging area. The show was a total of 15 minutes including finale. each 4 inch, 88 each 5 inch, 16 each 6 inch. Contractor used a total of 724 shells that included 435 each 3 inch, 185 SITE MAP: 3 Aransas Pass Aquatic Center 400E. Johnson Ave Aransas Pass, TX 78336 27.884338, -97.152782 PROPOSAL TO INCLUDE: A. Proposal Format. The company will be responsible for submitting a written proposal providing a detailed listing of the display outline, firing equipment, staffing, proof of license, proof ofinsurance, cancellation security/storage plan, rain date, delivery and installation. B. Fee Quotations. The fee proposal for the display will include all costs associated with the event, including all equipment, product, permitting, staffing, delivery, insurance, installation, brekdown/dlean-up, taxes and service charges. Each firm is required to provide the maximum amount of fireworks for that fee. 4 C.Submittal Requirements. Each of the following items shall be considered an integral part of the Contractor's proposal. 1. List all products with effect descriptions and quantities. 2. Identify electronic firing system to be used for display. 3. Provide copy of Insurance showing City named as an additional insured. 4. Provide the duration of display and potential patriotic song list. 5. Provide copy of license. 6. Timeline for preparing pre-event staging area. 7. Provide a plan for product/equipment storage and security in the event of cancellation. 8. Cost for Display. 9. Contractor shall indicate any and all deviations from the specifications. 10. Deadline to submit proposals is Monday, March 3, 2025 at 3:00 PM. POINT OF CONTACT: Kaylynn Paxson City of Aransas Pass Director of Community Enrichment kpaxson@aransaspasstx.gov 361-758-0009 5 aboz CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of February 3, 2025 Date: February 3, 2025 To: Honorable Mayor and Council From: Kaylynn Paxson, Director of Community Enrichment TITLE: Consider and Act approving the 2025 lease agreement with the Aransas Pass Little League. PURPOSE: Approve the 2025 lease agreement between the City of Aransas Pass and the Aransas Pass Little League. BACKGROUND AND FINDINGS: The City of Aransas Pass enters into a lease agreement with the Aransas Pass Little League every year. CONFORMITY TO CITY POLICY: This conforms to city policy. FINANCIAL IMPACT: There is no new financial impact over the previous year. Habay CITY OF ARANSAS PASS FACILITY LEASE AGREEMENT THIS AGREEMENT is made and entered into this day of ,2025, by and between the City of Aransas Pass, Texas, a municipal corporation (the "City"), and) Aransas Pass Little League CITY HEREBY GRANTS to Licensee al license to use and manage the Senior League, Little League and Minor League Fields at Community Park, upon the terms and conditions oft this Agreement, which are: 1. TERM. Licensee Shall be entitled to use and manage the Senior League Field; Little League Field; and, Minor League Field during the months leased. This lease agreement is for a period of twelve months, commencing on the 4th of March 2025 and ending on the 3rd of March 2026. The League will only be responsible for paying the lease for months used at a rate of $1 per 2. LIMITED USE OF SITE. The Aransas Pass Little League shall have use of said above facilities only for the specified dates listed above. Any amendments and/or changes to the Lease Agreement with the Aransas Pass Little League shall not be made, unless specifically authorized by prior written approval from the City Manager and City Council. The City holds the right to use the facilities during this term if not in use by the Little League. The city grants permission to the Aransas Pass Little League to use the ball field area fence and gate to manage and regulate entry in accordance with, and in support of gate fees and concession stand sales. The City hereby further grants concession privileges to the Aransas Pass Little League. The privileges of the concession building are to make direct sales to the public of food, candy, and soft drinks. NO alcoholic beverages or tobacco products will be sold. The Aransas Pass Little League agrees the operation of the concession will be in accordance with the Health and Sanitation Rules and Regulations promulgated by the San Patricio County Health Department. 3. ACCEPTANCE OF SITE. Licensee represents and warrants that it has inspected the Site, including all facilities, utilities and improvements thereon, and that they are all acceptable "as is" and 4. UTILITIES. The City shall pay the cost of utilities consumed during the Term, including water, sewer, and electricity up to $245.00 electrical and $570.00 for water/sewer per month. Licensee shall pay the cost of those utilities generated or consumed on or within the Site during the Term which exceed the specified amounts paid by the City of Aransas Pass, including but not limited 5. ALTERATIONS, ADDITIONS, IMPROVEMENTS. No permanent alterations, additions or improvements shall be made to the Site. The City shall require the Licensee to remove any alteration, addition or improvement and restore the Site to its original condition at the Licensee's expense. Licensee need not obtain the City's consent for temporary improvements made by Licensee on the Site necessary to produce the Event, including by way of example and not limitation, portable toilets, temporary electrical cords and junction boxes, water hoses, temporary lighting, temporary fencing, equipment, generators, trailers, tents, temporary vendor facilities, trash receptacles, portable Association ("Licensee"): month. appropriate for the Event. to electricity, water and solid waste. gazebos, and all other improvements of a similar nature. Licensee shall remove all such temporary improvements existing on the Site or Parking Lots at the conclusion of the Event, failing which the City ori its designee may seize, impound, remove and destroy the same at Licensee's expense. 6. REPAIRS, MAINTENANCE, AND CLEANUP. Licensee shall at its expense keep and maintain the Site in good repair during the Term. The City will not perform any of the maintenance work to fields, grounds or concession building during lease agreement. Thel licensee agrees to repair, replace or compensate the City for any excessive cleanup required or for any damage sustained to City property during the Term, as determined by the City in its sole discretion. The Aransas Pass Little League agrees to clean the concession area, bleachers and fields of trash after each game or practices. Trash will be placed in trash bags, which will be tied and placed in provided receptacles 7.1 INSPECTIONS. The Aransas Pass Little League may participate with the City of Aransas Passi in regular 8.PEST CONTROL. The Aransas Pass Little League will provide monthly professional pest control services at their expense for the concession stand and storage areas for the entire contract period. Copies of receipts of pest control services shall be submitted to the City of Aransas Pass monthly. 9.INTERNET SERVICES. The City of Aransas Pass agrees to provide internet services for the concession 10. CONDITION AND VACATION OF SITE. Licensee shall neither commit nor permit waste of the Site. At the termination of this Agreement by lapse of time or otherwise, Licensee shall vacate and return the Site to the City in the same or better condition as received, failure to do SO will allow the City or its designee to take any necessary steps to return the Site tot the same or better condition as they 11. COMPLIANCE WITH LAWS. Licensee shall comply and cause its employees, agents and subcontractors to comply with all laws, ordinances and regulations applicable to the occupation, use or maintenance of the Site, and shall promptly comply and cause the same to comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or 12. RIGHT OF ENTRANCE. The City shall have the right to enter the Site at all times during the Term and shall have free access at all times to all spaces occupied by the Licensee, its employees, agents 13. GAMES SCHEDULES PROVIDED AND UPDATED. The Aransas Pass Little League will provide the City of Aransas Pass a copy oft their game schedules with game dates, game times, teams playing and field locations for all games held in the Aransas Pass Community Park at least one week prior to the beginning of each season and two days prior to any tournament. A schedule of additional dates/make up dates must be sent to the City of Aransas Pass at least 24 hours prior to the start 14. BACKGROUND CHECKS. The Aransas Pass Little League will conduct background checks on all of its coaches and officers. The Aransas Pass Little League will provide al listing of all coaches and officers who have successfully passed an approved background check. The Aransas Pass Little League will also provide to the City of Aransas Pass, the name of the entity conducting the a. Licensee shall at its expense maintain in force during the Term a comprehensive public liability coverage insuring Licensee against liability arising from Licensee's occupation, use or maintenance of the Site. Licensee's coverage shall be in the amount of not less than $1,000,000 for property damage and bodily injury to or death of one person in any accident or occurrence and in the amount of not less than $3,000,000 for property damage and bodily injury to or death of more than one person in any one accident or occurrence. All such insurance shall name the City, its officers, employees and agents as additional insured. b. City shall at its option and expense maintain in force during the Term such fire, casualty, and extended coverage insurance covering any City owned improvements on the Site as the City ord dumpsters. inspections ofi the leased facilities. stand fort the duration oft this contract. were received byl Licensee, atl Licensee's expense. upon or associated with the Site. and subcontractors. ofa any added game to the original schedule of games. background checks for the Aransas Pass Little League. 15. INSURANCE AND INDEMNIFICATION. may desire. Licensee shall at its option and expense maintain in force during the Term such fire, casualty and extended coverage insurance on Licensee's personal property located on the Site, including trade fixtures, equipment, machinery, inventory or other personal property belonging to or in the custody of Licensee, and all such policies may waive any d. All coverage maintained by Licensee pursuant to Subparagraph (a) shall be provided by companies registered and licensed to sell insurance in the state of Texas and which may legally provide the coverage set forth herein, and shall be provided by companies reasonably satisfactory to the City and ini form and substance reasonably satisfactory to the City, and shall provide that coverage will not be subject to cancellation, termination, revocation or material change except after thirty (30) days' prior written notice to the City. e.V Within thirty days of the date of this agreement, and for the Term, and for the term of this agreement to commence, the Licensee shall furnish to the City such certificates of coverage and certified copies of policies pursuant to subparagraph (a). In order to satisfy this provision, the documentation required by this part must be sent to the following address: City of Aransas Pass, Attn: City Secretary, 600 West Cleveland Blvd., Aransas f.Thel licensee shall indemnify and hold harmless and defend the City and its officers, employees, agents and representatives from and against any and all damages, lawsuits, liabilities, claims, costs and expenses including reasonable attorney's fees ("Damages") arising in whole or in part from: () the occupation, use or maintenance oft the Site by Licensee or anyone claiming by, through or under Licensee; or (i) the breach of any of Licensee's representations, warranties, covenants or agreements hereunder, including any Damages arising from the combined fault of Licensee and City, but excluding any Damages arising solely from the negligence or willful misconduct of the City. The covenants contained in this paragraph shall survive the termination oft this Agreement. f.If any third-party claim is made against the City that, if sustained, would give rise to indemnification liability of the Licensee under this Agreement, the City shall promptly cause notice of the claim to be delivered to the Licensee and shall afford the Licensee and its counsel, at the Licensee's sole expense, the opportunity to join in defending or compromising the claim. The covenants contained in this paragraph shall survive the right of subrogation against the City. Pass, Texas 78336. termination of this Agreement. 16. SUBLEASING. The Aransas Pass Littlel League will nots sublease thef fields at Community Park without the 17. USE AND MANAGEMENT OF OTHER ORGANIZATIONS. The Aransas Pass Little League will work with other organizations for thei field use of the youth fields at Community Park. The Aransas Pass Little League will make certain any party reserving fields will comply with the insurance and coaches background checks requirements required of the Aransas Pass Little League. All additional weekends may be scheduled by other organizations through the Aransas Pass Little League. All organizations using the Community Park fields must provide their own insurance with the same parameters as the insurance provided by the Aransas Pass Little League, and also must conduct background checks on all of their coaches and officers. They must provide al listing of all coaches and officers who have successfully passed an approved background check to the Aransas Pass Little League. The renting organization will also provide to the City of Aransas Pass, the name of 18. ATTORNEY'S FEES. In the event of any litigation hereunder, each party shall be responsible for its own attorney's fees and court costs at all trial and appellate levels and at any mediation or knowledge of and approval of the City of Aransas Pass. the entity conducting the background checks for their organization. arbitration. 19. TIME. Time is of the essence in this Agreement. 20. FORCE MAJEURE. The City's failure or inability to provide any facility for public use at any time as a result of circumstances beyond its control, such as, but not limited to, war, terrorism, strikes, fires, floods, hurricanes, acts of God, power failures, or damage or destruction of any facility related thereto, shall not be deemed al breach of this Agreement. 21. REMEDIES. Failure to cure a breach of a material term hereunder within four (4) days of Licensee's receipt of written notice thereof shall entitle the City to terminate this Agreement. All rights and remedies conferred upon the parties in this Agreement shall be cumulative and in addition tot those available under the laws of the State of Texas. 22. ASSIGNMENT. This Agreementi is not assignable. 23. SEVERABILITY. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any 24. MODIFICATIONS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar 25. WAIVER. Failure by the City to enforce any provision of this Agreement shall not be deemed a waiver oft the provision or modification of this Agreement. A waiver by the City of any breach ofa a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be 26. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions oft the parties, whether oral or written, and there are other provision hereof. formality as this Agreement and executed by the City and Licensee. construed tol be a modification of the terms ofi this Agreement. no representations, warranties, covenants or other agreements among them. Approved by the City of Aransas Pass City Council this the day of 2025. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF ARANSAS PASS A.P.L.L. President Ramiro Gomez, Mayor Attest to: A.P.L.L. Vice-President Mary Juarez, City! Manager hbot CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of February 3, 2025 Pai Date: To: From: January 30, 2025 Mayor and Council dfiores@APTX.goy David Flores Jr, Director of Public Works and Development Services Title: Consider and Act on approving the no cost change order for Associated Construction Partners for 180 days. PURPOSE: To allow the ACP to add days for additional work requested on behalf of the BACKGROUND AND FINDINGS: Unforeseen tasks have been discovered as well as theft. One delay was the damaged discharge pipe located underground, this was repaired by the contractor. Another delay was that the louver was stolen from the jobsite SO another one had to be ordered at the cost of the contractor which has a long lead time. This change order will NOT have a cost increase, only additional working City of Aransas Pass for the Maddox Pump Station project days. CHANGE ORDER PROJECT Stormwater Pump Station No1 1&N No2 City of Aransas Pass TO CONTRACTOR 1215 W Bandera Rd., Ste. 114-461 Borene, TX78116 CHANGE ORDER NUMBER: 001 DATE: January29,2025 OWNER:X ENGINER:X CONTRACTOR:X FIELD: OTHER: ENGINEER'S PROJECT NUMBER: 170300.200 CONTRACT FOR: Stormwater Pump Station No1 1&N No2 Associated Construction Partners, Ltd. CONTRACT DATE: December 8, 2023 THE CONTRACT IS CHANGED AS FOLLOWS: 1. Credit Contractor: ana additional 180 days to the original contract schedule. The Contract Sum will be unchanged. NOTE: This Change Order does noti include changes int the Contract Sum, or Guaranteed Maximum Price which! have been authorized by Construction Directive until the cost andt timel have been agreed upon by botht the Owner and Contractor, in whicho case a Change Order is executedi tos supersede the Construction Change Directive. NOTVALID UNTIL SIGNED BY THE ENGINEER, CONTRACTOR. AND OWNER. Ardurra Group Inc. ENGINEER (Firm name) 801 Navigation Blvd Corpus Christi,TX 78408 ADDRESS Wupep BY (Signature) Eric Villarreal - Client Service Manager (Typedr name) DATE ACP. Cityof Aransas Pass OWNER CONTRACTOR (Firm name) Borene, TX 78116 ADDRESS BY (Signature) (Typed name) DATE 1215 WI Bandera Rd., Ste. 114-461 600W. Cleveland Boulevard Aransas Pass, TX 78336 ADDRESS BY (Signature) (Typed name) DATE 1.29.25 1of1