CHAPTER 36: POLICE

Section
General Provisions
36.01 Interlocal law enforcement assistance
36.02 Arrest without warrant
36.03 Failure to aid officer
36.04 Excessive force
36.05 Police vehicles; regular license exempt plates

Auxiliary Police Force
36.15 Police Reserve established
36.16 Chief of Police; authority
36.17 Composition
36.18 Membership application
36.19 Member qualifications; references
36.20 List of eligible applicants
36.21 Oath
36.22 Member appointment
36.23 Uniforms; identification; badges
36.24 Duties
36.25 Power of arrest
36.26 Entry upon private property
36.27 Carrying firearms
36.28 Compensation
36.29 Termination
36.30 Impersonation of officer unlawful

Racial Profiling Policy
36.40 Policy and purpose
36.41 Definitions
36.42 Prohibition
36.43 Complaint process; public education
36.44 Corrective action
36.45 Information collection; annual report
36.46 Audio and video equipment
36.47 Review of audio and video documentation
36.48 Documentation, analysis, and reporting without audio or video
36.49 Training; officers and Chief of Police

36.99 Penalty

GENERAL PROVISIONS

§ 36.01 INTERLOCAL LAW ENFORCEMENT ASSISTANCE.
The City Manager, at his or her discretion, may send the regularly employed law enforcement officers
of the city to assist any other county or municipality when, in the opinion of the Mayor, or other officer
authorized to declare a state of civil emergency in that other county or municipality, there exists in that
other county or municipality a need for the services of additional law enforcement officers to protect the
health, life, and property of that other county or municipality, its inhabitants, and the visitors thereto, by
reason of riot, unlawful assembly characterized by the use of force and violence or threat thereof by three or more persons acting together or without lawful authority, or during the time of natural disaster or manmade calamity.
(Prior Code, § 15-1)

§ 36.02 ARREST WITHOUT WARRANT.
Arrests, without warrant, may be made by the Chief of Police or any other police officer of the city
when offenses against the state laws, sections of this code, or city ordinances are committed in their
presence, or where persons are found in suspicious places, and under circumstances which reasonably
show that those persons have been guilty of some felony or breach of the peace, or threatened or about to commit some offense against the law.
(Prior Code, § 15-2)
Statutory reference:
Arrest without warrant, see Tex. Code of Crim. Pro., Art. 14.01 et seq.

§ 36.03 FAILURE TO AID OFFICER.
If any person, being called on by the Chief of Police or any other peace officer, shall refuse or fail to
aid that officer in any manner in which, by law, he or she may be rightfully called on to aid or assist in the execution of a duty incumbent upon that officer, he or she shall be guilty of an offense or misdemeanor under this code.
(Prior Code, § 15-3) Penalty, see § 36.99

§ 36.04 EXCESSIVE FORCE.
(A) The city hereby adopts and will enforce this policy prohibiting the use of excessive force by the
law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights
demonstrations. The city also prohibits the physical barring of any entrance or exit of a facility and will
enforce all applicable state laws regarding same.

(B) (1) Any person found to be violating any provisions of this resolution shall be served by the city
with written notice stating the nature of the violation.

(2) Any person guilty of this violation shall be guilty of a misdemeanor.

(3) Any person violating any of the provisions of this resolution shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation.
(Res. 2463B, passed 8-9-1999) Penalty, see § 36.99

§ 36.05 POLICE VEHICLES; REGULAR LICENSE EXEMPT PLATES.
(A) The City Council designates all vehicles used by the City Police Department investigator shall
carry regular license exempt plates and shall so be designated and attached to this resolution.

(B) The Chief of Police shall execute all documents pertaining to the vehicles assigned to this office.
(Res. 24-89B, passed 8-14-2000)

AUXILIARY POLICE FORCE

§ 36.15 POLICE RESERVE ESTABLISHED.
An auxiliary police force to be known as the Police Reserve is hereby established, this force to be part
of the Police Department.
(Prior Code, § 15-16) (Am. Ord. passed 9-20-1993)

§ 36.16 CHIEF OF POLICE; AUTHORITY.
(A) The Chief of Police shall be the head of the Police Reserve, and the members of the Reserve shall
be under the authority, control, and command of the Chief of Police, subject to the right of general control by the City Manager and also subject to all of the provisions of the ordinances of the city.

(B) The Chief of Police may, by order, establish rules and regulations to govern the Police Reserve
force, subject to the approval of the City Council, to fix specific duties of its members and to provide for the maintenance of discipline. He or she may change those orders from time to time, and he or she may command members of the Police Reserve force to obey the instructions of regular police officers in
carrying out their orders.
(Prior Code, § 15-17) (Am. Ord. passed 9-20-1993)

§ 36.17 COMPOSITION.
The Police Reserve force shall be composed of personnel who have volunteered to join the
organization, whose applications for membership have been accepted and who have complied with all the rules, regulations. and orders provided for the conduct and control of the members thereof. It shall be composed of not more than ten members.
(Prior Code, § 15-18) (Ord. 18-41, passed - - ; Am. Ord. passed 9-20-1993)

§ 36.18 MEMBERSHIP APPLICATION.
An application for membership in the Police Reserve shall be filed with the Police Department. This
application shall be on a form prescribed by the Chief of Police and approved by the City Manager, and shall state the residence of the applicant.
(Prior Code, § 15-19) (Am. Ord. passed 9-20-1993)

§ 36.19 MEMBER QUALIFICATIONS; REFERENCES.
Each application shall be accompanied by a complete set of fingerprints or supplemented immediately
by fingerprinting by the police division, and the fingerprints shall be checked by the Identification Bureau
to ascertain any criminal record of that person. The fact that an applicant is a resident of this city may be
considered by the Police Chief when evaluating applicants. Each applicant shall furnish satisfactory proof of good character, temperate habits, freedom from communicable diseases, and physical ability to perform the duties of the position for which he or she seeks appointment. Each applicant shall furnish three references and attach letters of recommendation from those references to the application.
(Prior Code, § 15-20) (Am. Ord. passed 9-20-1993)

§ 36.20 LIST OF ELIGIBLE APPLICANTS.
The Chief of Police shall compile, and the Police Department shall maintain, a list of eligible
applicants, accompanied by a complete set of fingerprints, and for whom any necessary background check has been performed.
(Prior Code, § 15-21) (Am. Ord. passed 9-20-1993)

§ 36.21 OATH.
Every person whose name appears on the list of eligibles referred to in § 36.20 of this code shall
subscribe to an oath that he or she will observe and obey the U.S. Constitution, the State Constitution, and the laws of this nation, this state, and the city, and that he or she will carry out the duties of a member of the Police Reserve force to the best of his or her ability.
(Prior Code, § 15-22) (Am. Ord. passed 9-20-1993)

§ 36.22 MEMBER APPOINTMENT.
All appointees under the provisions of this subchapter as auxiliary or volunteer police officers shall
be selected from the list of eligibles by the Chief of Police, and approved by the City Manager. The
appointees shall serve without term and at the discretion of the Chief of Police.
(Prior Code, § 15-23) (Am. Ord. passed 9-20-1993)

§ 36.23 UNIFORMS; IDENTIFICATION; BADGES.
The Chief of Police shall prescribe the uniforms and badges for the members of the Police Reserve
force and direct the manner in which the same shall be worn. An identification card or other insignia or
evidence of identity as the Chief may prescribe shall be issued to each member, who must carry the card and other identification at all times while on duty, and he or she must surrender any badge or other
identification as has been issued upon the termination of his or her membership.
(Prior Code, § 15-24) (Am. Ord. passed 9-20-1993)

§ 36.24 DUTIES.
The Police Reserve force, subject at all times to the direction, supervision, and control of the Chief
of Police, shall assist the regular members of the Police Department in the enforcement of law and the
maintenance of peace and order during periods of emergency designated the Chief of Police. The Chief
of Police may prescribe other duties to be performed by the Police Reserve force, not inconsistent with the provisions of this subchapter.
(Prior Code, § 15-25) (Am. Ord. passed 9-20-1993)

§ 36.25 POWER OF ARREST.
A member of the Police Reserve for shall have the following powers of arrest and none other:
(A) He or she may arrest only while on active duty;

(B) He or she may arrest for a public offense committed in his or her presence;

(C) He or she may arrest when a felony has in fact been committed, when he or she has reasonable
cause for believing the person arrested has committed it; and

(D) He or she may lend physical aid to any regular member of the Police Department in making any
lawful arrest, when authorized by the Chief of Police or requested by any regular member of the Police
Department.
(Prior Code, § 15-26) (Am. Ord. passed 9-20-1993)

§ 36.26 ENTRY UPON PRIVATE PROPERTY.
No member of the Police Reserve force shall break into or otherwise forcefully enter upon private
property or enter the dwelling or habitation of another person without the consent of a member of the
Police Department who then and there requests his or her aid in the enforcement of the law.
(Prior Code, § 15-27) (Am. Ord. passed 9-20-1993) Penalty, see § 36.99

§ 36.27 CARRYING FIREARMS.
No person appointed to the Police Reserve force shall carry a firearm except upon written order by
the Chief of Police. No person appointed to the Police Reserve force shall carry a firearm unless on duty, going to or from duty, or as otherwise ordered by the Chief of Police.
(Prior Code, § 15-28) (Am. Ord. passed 9-20-1993) Penalty, see § 36.99

§ 36.28 COMPENSATION.
Members of the Police Reserve force shall serve without compensation. The city may provide hospital
and medical assistance to members of the Police Reserve force who sustain injury in the course of
performing official duties, in the same manner as provided by the city for its full-time police officers.
Reserve officers shall be eligible for death benefits as set out in Chapter 86, Acts of the Sixtieth
Legislature, Regular Session, 1967, as amended (Tex. Gov’t Code, §§ 615.001 - 615.008, 615.021 -
615.025, and 615.041 - 615.044). Provided, however, that nothing in this subchapter shall be construed to authorize or permit a member of the Police Reserve force to become eligible for participation in any pension fund created pursuant to state statute, to which regular officers may become a member by payroll deductions or otherwise.
(Prior Code, § 15-29) (Am. Ord. passed 9-20-1993)

§ 36.29 TERMINATION.
(A) Membership of any person in the Police Reserve may be terminated by the Chief of Police at any
time for any cause deemed sufficient by the Chief of Police. A member of the Police Reserve force may
appeal his or her termination by filing a written request with the City Manager, within five days after
receiving written notice of his or her termination. Any member may resign from the Police Reserve at any time, but it shall be his or her duty to notify the Chief of his or her resignation.

(B) In addition to the penalties provided by law, any violation of the law under color of the
performance of his or her duties as a member of the Police Reserve force, and any breach of the rules and regulations established by the Chief of Police as set forth in the Police Rules and Regulations Manual, or any other rules as the Chief of Police deems necessary to regulate the Police Reserve force, shall subject any member to summary expulsion and the fact thereof may be published at the order of the Chief of Police, with the consent of the City Manager.
(Prior Code, § 15-30) (Am. Ord. passed 9-20-1993) Penalty, see § 36.99

§ 36.30 IMPERSONATION OF OFFICER UNLAWFUL.
It shall be a misdemeanor for any person to wear, carry, or display a Police Reserve force identification card or badge or otherwise deceitfully represent him- or herself to be connected with the City Police Reserve force, unless he or she is in fact a member thereof, in good standing and acting under the order of the Chief of Police.
(Prior Code, § 15-31) (Am. Ord. passed 9-20-1993) Penalty, see § 36.99

RACIAL PROFILING POLICY

§ 36.40 POLICY AND PURPOSE.
This racial profiling policy is adopted in compliance with the requirements of Tex. Code of Crim. Pro.,
Art. 2.131 - 2.136, which prohibits peace officers from engaging in racial profiling.
(Policy, adopted - - )

§ 36.41 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.

ACTS CONSTITUTING RACIAL PROFILING. Acts initiating law enforcement action, such as a
traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon an individual’s race, ethnicity, or national origin or on the basis of racial or ethnic stereotypes, rather than upon the individual’s behavior, information identifying the individual as having possibly engaged in criminal activity, or other lawful reasons for the law enforcement action.

PEDESTRIAN STOP. An interaction between a peace officer and an individual who is being
detained for the purposes of a criminal investigation in which the individual is not under arrest.

RACE or ETHNICITY. Of a particular descent, including Caucasian, African, Hispanic, Asian, or
Native American descent.

RACIAL PROFILING. A law enforcement-initiated action based on an individual’s race, ethnicity,
or national origin rather than on the individual’s behavior or on information identifying the individual as
having engaged in criminal activity. RACIAL PROFILING pertains to persons who are viewed as
suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses,
complainants, persons needing assistance, or other citizen contacts.

TRAFFIC STOP. The stopping of a motor vehicle by a peace officer for an alleged violation of law
or ordinance regulating traffic.
(Policy, adopted - - )

§ 36.42 PROHIBITION.
Peace officers of the city are strictly prohibited from engaging in racial profiling. The prohibition
against racial profiling does not preclude the use of race, ethnicity, or national origin as factors in a
detention decision by a peace officer. Race, ethnicity, or national origin may be legitimate factors in such
a decision when used as part of a description of a suspect or witness for whom a peace officer is searching.
(Policy, adopted - - ) Penalty, see § 36.99

§ 36.43 COMPLAINT PROCESS; PUBLIC EDUCATION.
(A) Any person who believes that a peace officer employed by the city has engaged in racial profiling
with respect to that person may file a complaint with the City Police Department, and no person shall be
discouraged, intimidated, or coerced from filing a complaint, or be discriminated against because they have filed a complaint. The city shall accept and investigate citizen complaints alleging racial profiling by its peace officers. These complaints shall be in writing, or if the complainant cannot write, city staff will
assist the complainant in reducing the complaint to writing. The complaint should include the time, place,
and details of the incident of alleged racial profiling, the identity or description of the peace officer or
officers involved, and the identity and manner of contacting the complainant.

(B) Any peace officer, city employee, or city official who receives a citizen complaint alleging racial
profiling shall forward the complaint to the Chief of Police within 12 hours of receipt of the complaint.
Receipt of each complaint shall be acknowledged to the complainant in writing, all the complaints shall
be reviewed and investigated by the Chief of Police within a reasonable period of time, and the results of the Chief’s review and investigation shall be filed with the City Manager and with the complainant.

(C) In investigating a complaint alleging racial profiling, the Chief of Police shall seek to determine
if the officer who is subject of the complaint has engaged in a pattern of racial profiling that includes
multiple acts constituting racial profiling for which there is no reasonable, credible explanation based on
established police and law enforcement procedures. A single act constituting racial profiling may not be
considered a pattern of racial profiling; however, it shall be grounds for corrective action.

(D) In the event that a complaint of racial profiling filed by an individual involves an occurrence that
was recorded on audio or video, the Chief of Police shall, upon commencement of the investigation of the complaint and upon written request of the officer, promptly provide a copy of the recording to the peace officer that is a subject of the complaint.

(E) A copy of this policy shall be maintained in the office of the City Secretary and shall be available
for public inspection. A copy of this policy shall be posted at City Hall for 180 days after passage.
(Policy, adopted - - )

§ 36.44 CORRECTIVE ACTION.
Any peace officer who is found, after investigation, to have engaged in racial profiling in violation
of this policy shall be subject to corrective action, which may include reprimand; diversity, sensitivity, or
other appropriate training or counseling; paid or unpaid suspension; termination of employment; or other
appropriate action as determined by the Chief of Police. Any peace officer subjected to the corrective
action may, within 48 hours, appeal the decision of the Chief of Police to the City Manager. Decisions of the City Manager are final.
(Policy, adopted - - )

§ 36.45 INFORMATION COLLECTION; ANNUAL REPORT.
(A) For each traffic stop in which a citation is issued and for each arrest resulting from traffic stops,
a peace officer involved in the stop shall collect information identifying the race or ethnicity of the person
detained, stating whether a search was conducted, and if a search was conducted, whether the person
detained consented to the search.

(B) The information collected shall be compiled in an annual report covering the period January 1
through December 31 of each year, and shall be submitted to the governing body of the city no later than March 1 of the following year. The annual report shall not include identifying information about any
individual stopped or arrested, and shall not include identifying information about any peace officer
involved in a stop or arrest.
(Policy, adopted - - )

§ 36.46 AUDIO AND VIDEO EQUIPMENT.
(A) The Chief of Police of the city shall, immediately upon enactment of this policy, commence
examination of the feasibility of installing new or additional video camera equipment and transmitteractivated equipment in each city motor vehicle regularly used to make traffic stops, and shall report to the governing body of the city on the findings of this examination no later than six months following enactment of this policy. The report shall include funding options available to the city, including any funding available through the Department of Public Safety.

(B) In the event that the findings of the examination support the installation of this additional equipment, the governing body shall consider and take action on installing the equipment, applying for funding to secure and install the equipment, or other action as the governing body considers appropriate. In the event the examination does not support installing the equipment, the Chief of Police of the city shall
periodically update the governing body on the feasibility.

(C) In the event that the governing body determines that funds are needed in order to install the
equipment, it shall pass a resolution certifying that fact to the Department of Public Safety. On receipt of
either sufficient funds or video and audio equipment, the governing body shall install video and
transmitter-activated equipment in each motor vehicle regularly used to make traffic stops, and the
governing body shall pass a resolution certifying to the Department of Public Safety that this equipment
has been installed and is being used to record each traffic and pedestrian stop made by a peace officer
employed by the city that is capable of being recorded by video and audio or audio equipment, as
appropriate.
(Policy, adopted - - )

§ 36.47 REVIEW OF AUDIO AND VIDEO DOCUMENTATION.
(A) In the event that audio and video equipment is installed, each audio and video recording shall be
retained for a minimum period of 90 days unless a complaint is filed alleging that a peace officer of the
city has engaged in racial profiling with respect to a traffic or pedestrian stop, in which case the recording shall be retained until final disposition of the complaint. In conjunction with preparation of the annual report required under § 36.45 above, the Chief of Police shall periodically conduct reviews of a randomly selected sampling of video and audio recordings made recently by peace officers employed by the city in order to determine if patterns of racial profiling exist.

(B) In reviewing audio and video recordings, the Chief of Police shall seek to determine if the officer
who is involved therein has engaged in a pattern of racial profiling that includes multiple acts constituting
racial profiling for which there is no reasonable, credible explanation based on established police and law enforcement procedures. A single act constituting racial profiling may not be considered a pattern of racial profiling; however, it shall be grounds for corrective action.
(Policy, adopted - - )

§ 36.48 DOCUMENTATION, ANALYSIS, AND REPORTING WITHOUT AUDIO OR VIDEO.
(A) In addition to the annual report required when citations are issued and arrests made, and so long
as the city has not equipped all motor vehicles regularly used to make traffic and pedestrian stops with
audio and video equipment, as applicable, and so long as the city has not or is not able to certify to the
Department of Public Safety that it needs funds for this audio and video equipment but has not received
those funds, then each peace officer of the city shall make the following report for each traffic and
pedestrian stop:

(1) A physical description of each person detained as a result of the stop, including:

(a) The person’s gender; and

(b) The person’s race or ethnicity, as stated by the person, or if the person does not state the person’s race or ethnicity, as determined by the officer to the best of his or her ability.

(2) The traffic law or ordinances alleged to have been violated or the suspected offense;

(3) Whether the officer conducted a search as a result of the stop, and, if so, whether the person
detained consented to the search;

(4) Whether any contraband was discovered in the course of the search and the type of
contraband discovered;

(5) Whether probable cause to search existed and the facts supporting the existence of that
probable cause;

(6) Whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged;

(7) The street address or approximate location of the stop; and

(8) Whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged.

(B) The information in each report shall be analyzed and compiled in a report that covers the period
January 1 through December 31 of each year, and shall be submitted to the governing body of the city no later than March 1 of the following year. Each report shall include:

(1) A comparative analysis of the information compiled by each officer under divisions (A)(1)
through (A)(8) of this section, to:

(a) Determine the prevalence of racial profiling by peace officers employed by the city; and

(b) Examine the disposition of traffic and pedestrian stops made by officers employed by the city, including searches resulting from the stops.

(2) Information relating to each complaint filed with the city alleging that a peace officer employed by the city had engaged in racial profiling.

(C) The report required by this section may not include identifying information about a peace officer
who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by an officer.

(D) The compilation of information, analysis, and report required by this section shall not be required
for any calendar year during which:

(1) The city has equipped all motor vehicles and motorcycles regularly used to make traffic and
pedestrian stops with audio and video equipment, and each traffic and pedestrian stop made by a peace
officer employed by the city that is capable of being recorded by video and audio or audio equipment, as appropriate, has been so recorded; or

(2) The city has certified to the Department of Public Safety that it needs funds for this audio and
video equipment, as described in § 36.46(C) of this code, but has not received those funds.
(Policy, adopted - - )

§ 36.49 TRAINING; OFFICERS AND CHIEF OF POLICE.
(A) Each peace officer employed by the city shall complete the comprehensive education and training
program on racial profiling established by the State Commission on Law Enforcement Officer Standards and Education (TCLEOSE) not later than the second anniversary of the date the officer was licensed, or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at least two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1, 2003.

(B) The Chief of Police shall, in completing the training required by Tex. Edu. Code, § 96.641,
complete the program on racial profiling established by the Bill Blackwood Law Enforcement
Management Institute of Texas.
(Policy, adopted - - )

§ 36.99 PENALTY.
(A) General. Any person who shall of violate any provision of this chapter for which no other penalty
is provided shall, upon conviction, be subject to penalties as provided in § 10.99 of this code.

(B) Excessive force. Any person guilty of violation of § 36.04 of this code shall be guilty of a
misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100 for each
violation. Each day in which any violation shall continue shall be deemed a separate offense.
(Res. 2463B, passed 8-9-1999)

(C) Impersonation of Police Reserve officer. Violation of § 36.30 of this code shall be punishable
by a fine not to exceed $500.
(Prior Code, § 15-31) (Am. Ord. passed 9-20-1993)