06-C SB1074 Compliance FundsAGENDA INFORMATION SHEET
PROJECT: Consider adoption of a resolution authorizing the Police Chief to make application for and
certifying on behalf of the City Council and the Paris Police Department the need for funds and video and audio
equipment to comply with the requirements of Senate Bill 1074 relating to the prevention of racial profiling.
BACKGROUND: The Texas Legislature at its last session adopted Senate Bill 1074, which amended
Chapter 2 of the Texas Code of Criminal Procedure to add Articles 2.131 through 2.138, imposing
requirements on law enforcement agencies to prevent racial profiling. The City of Paris Police Department
is a law enforcement agency covered by the new statutory requirements. As a consequence, the Paris Police
Department has worked with the Legal Department to adopt a comprehensive racial profiling policy which
complies with the requirements of the state law, and at the same time incorporates pertinent provisions of
model policies prepared by an adjunct agency of Sam Houston State University and the Texas Municipal
League. The policy prepared by the Bill Blackwood Law Enforcement Management Institute of Texas, an
adjunct agency of Sam Houston State University, was utilized in part as a model because that agency was
designated in Section 9 of Senate Bill 1074 to establish a program on racial profiling pursuant to the Texas
Education Code. In addition to a requirement for the Police Department to adopt such a policy, the state
statute also permits each law enforcement agency to implement a simplified and more efficient method of
compiling and tracking records, provided (in the case of a municipality) the governing body of the municipality,
in conjunction with the law enforcement agency, applies for funds and certifies to the Department of Public
Safety that the law enforcement agency needs funds or video and audio equipment for the purpose of installing
video and audio equipment as required by the act, and further certifying that the law enforcement agency does
not receive from the state funds or video and audio equipment sufficient, as determined by the Police
Department, for the department to accomplish the purposes under the act.
DESCRIPTION: The proposed resolution would satisfy the statutory requirements for application for
funding and video and audio equipment and certification by City Council and the Police Department as to the
need for such funding and equipment to qualify the Paris Police Department for the simplified and more
efficient reporting requirements, as well as making it possible for the City to obtain support to acquire the
necessary equipment in allowing the Department to operate in compliance with the new law.
COST: Adoption of the resolution will cost the City of Paris nothing; adoption of the resolution will enable
the City to save money in implementing the new racial profiling policy, and at the same time make it possible
for the City to receive support to acquire the necessary equipment and other support facilities to meet the
requirements of the new state law.
RECOMMENDED ACTION: Consider approval of the proposed resolution.
STAFF CONTACT: Karl Louis, Police Chief; Stephanie H. Harris, Asst. City Attorney/Municipal Court
Prosecutor; and Larry W. Schenk, City Attorney
SCHEDULE: Consider for approval at City Council's December 10, 2001, regular Council meeting to meet
the statutory requirement of applying for funds and certifying the need for such funds prior to January 1, 2002.
DRAFT
J:\Attorney\ALICE\RESWORK\CiJRRENT\Racial Profiling Res-PD Funds.wpd
December 5, 2001
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE PARIS POLICE DEPARTMENT AND
THE CHIEF OF POLICE TO MAKE APPLICATION FOR, AND
CERTIFYING IN CONJUNCTION WITH THE PARIS POLICE
DEPARTMENT THE NEED FOR, FUNDS OR VIDEO AND AUDIO
EQUIPMENT FOR THE PURPOSE OF COMPLIANCE WITH SENATE
BILL 1074 AND CHAPTER 2, ARTICLES 2.131 THROUGH 2.138, OF THE
TEXAS CODE OF CRIMINAL PROCEDURE, RELATING TO THE
PREVENTION OF RACIAL PROFILING; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Texas Legislature at its latest session adopted Senate Bill 1074, amending
Chapter 2 of the Texas Code of Criminal Procedure to add Articles 2.131 through 2.138 related to
the prevention of racial profiling by law enforcement agencies; and,
WHEREAS, as a consequence of said legislation, the Paris Police Department has prepared
and adopted a detailed written policy on racial profiling in full conformance with the law and based
on model policies on racial profiling prepared by an adjunct agency of Sam Houston State University
and the Texas Municipal League; and,
WHEREAS, in addition to adoption of said comprehensive policy preventing racial profiling,
Section 2.13 5 of the statute authorizes law enforcement agencies to simplify and make more efficient
the process of reporting incident to the racial profiling policy, provided the law enforcement agency
and the governing body of the county or municipality served by the law enforcement agency certify
the need for funds and video and audio equipment required to comply with the requirements of the
state statute in implementing the racial profiling policy; and,
WHEREAS, the Chief of Police has identified the need for the Paris Police Department and
the City Council to seek such additional funding and equipment and to certify such need as set out
in the state statute; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the City Council of the City of Paris, Paris, Texas, does hereby authorize the
Chief of Police of the City of Paris to make application for, and the City Council does hereby certify
in conjunction with the Chief of Police and the Paris Police Department the need for, funds or video
and audio equipment for the purpose of installing video and audio equipment as delineated by
Subsection (a) (1) (A) of Article 2.135 of the Texas Code of Criminal Procedure, and the City
Council and the Police Department do further certify that the City of Paris Police Department, as a
law enforcement agency, does not receive from the state sufficient funds or video and audio
equipment, as determined by the Paris Police Department, for the Police Department to accomplish
the purposes and objectives set out in the statute.
Section 3. That the purpose of this resolution shall be in all things to comply with the
requirements of Article 2.135(a)(2) of the Texas Code of Criminal Procedure, and that the actions
taken by City Council and the Paris Police Department as manifested by this resolution shall be in all
things interpreted to accomplish the requirements of Article 2.135(a)(2) as set out therein.
Section 4. That copies of this resolution shall be forwarded to the Texas Department of
Public Safety and any and all appropriate state agencies or entities to manifest the intentions of the
City Council and the Paris Police Department as set out herein.
Section 5. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this lOth day of December, 2001.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
APPROVED:
Karl Louis, Chief
Paris Police Department