Pursuant to the provisions of title 2, chapter 22, section 22.076(b), of the Local Government Code, the city does hereby dispense with and abolish the office of city marshal, with the duties of said office to be conferred upon the chief of police, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
(2007 Code, sec. 9.03.001)
(a) 
Established.
Pursuant to title 11, chapter 341, section 341.003, of the Local Government Code, there is hereby created and established a municipal police department for the city.
(b) 
Composition.
The municipal police department of the city shall consist of one (1) chief of police and such additional police officers as the city council may provide by ordinance upon recommendation of the city manager.
(c) 
Chief of police.
The position of chief of police is hereby declared to be an appointive office of the city, and such office shall be filled by the city manager. The chief of police shall hold his office at will and shall receive such compensation as the city council shall determine in the adopted or amended budget. The chief of police shall be the chief police officer of the city and, as such, shall have responsibility of the administration of the department, to include hiring, firing, and supervising the other members of the police department, subject to the supervision of the city manager, and pursuant to such policies, procedures and guidelines as may be established from time to time by the city council.
(d) 
Qualifications.
The chief of police and each member of the police department shall qualify for employment as peace officers under the rules and regulations set forth by the commission on law enforcement officer standards and education pursuant to chapter 1701 of the Occupations Code and such other qualifications as may be prescribed by the city council that are not in conflict with said statute.
(e) 
Oath.
The chief of police and all members of the police department shall take and subscribe to the official oath prescribed for such office. The chief of police shall be the subject of a surety bond for the faithful performance of their duties payable by and to the city, in such sum as the city council may, from time to time, determine by resolution.
(f) 
Commission.
After taking and subscribing to the oath of office and securing a bond as set forth above, a commission confirming such appointment shall be issued by the mayor to the appointee in the following form:
CITY OF HUTTO, TEXAS
COMMISSION
I, __________, Mayor of the City of Hutto, Texas, upon authority of the city council of the said city do hereby certify the appointment of the said (NAME), (OFFICE), in and for said city, with all the rights, privileges, and duties of a peace officer conferred by the laws of the State of Texas and the ordinances of said city.
Done at Hutto, Texas, this the __________ day of __________, 20 _____ .
__________
Mayor, City of Hutto, Texas ATTEST:
City Secretary
(g) 
Certification of appointment.
The appointment of a chief of police shall be made and entered in the minutes of the city council at any regular or special meeting of said council, and the commission issued to said chief of police shall become effective after the same has been signed by the mayor and such appointment has been entered in the minutes.
(h) 
Badge.
An official badge shall be issued to each member of the police department identifying the chief of police and each patrol officer as a member of said department.
(i) 
Powers and duties.
The chief of police shall, in person or by a designated police officer, attend upon the municipal court while in session and shall promptly and faithfully execute writs and process issued from said court. For the purpose of executing all writs and process issued from the municipal court, the jurisdiction of each police officer shall extend to the boundaries of the county in which the municipal court is situated. The chief of police and each police officer shall have like power with the sheriff of the county to execute warrants; they shall be active in calming riots, disorder and disturbances of the peace within the city limits and shall take into custody all persons so offending against the peace of the city; and the chief of police shall have authority to take suitable and sufficient bail for the appearance before the municipal court of any person charged with an offense against the ordinances or laws of the city. It shall be the duty of the chief of police and each police officer to arrest, without warrant, all violators of the public peace and all who obstruct or interfere in the execution of the duties of their office or who shall be guilty of any disorderly conduct or disturbance whatever, and to prevent a breach of the peace or preserve quiet and good order; further, the chief of police shall have authority to close any theater, ballroom or other public place or building of public resort. In the prevention and suppression of crime and arrest of offenders, the chief of police and each police officer shall have, possess and execute like power, authority and jurisdiction as the sheriff. They shall perform such other duties and possess such other powers and authority as the city council may by ordinance require and confer, not inconsistent with the constitution and laws of the state.
(Ordinance O-2020-016 adopted 7/16/20)
Officers who are presently serving as peace officers in and for the city shall be considered to be commissioned under this article which creates a municipal police department.
(2007 Code, sec. 9.03.003)
(a) 
Established.
Pursuant to title 11, chapter 341, section 341.012, of the Local Government Code, there is hereby created and established a police reserve force for the city.
(b) 
Qualifications.
All members of the police reserve force shall be required to meet the qualifications and standards of training for all reserve law enforcement officers as required by the rules and regulations of the commission on law enforcement officer standards and education pursuant to chapter 1701 of the Occupations Code, as well as other and further qualifications and requirements as may be established by the city council for the employment of police officers, including minimum age, education, physical standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement officer, that are not in conflict with state law.
(c) 
Number of members.
The police reserve force shall consist of such number of members as may be determined from time to time by resolution of the city council.
(d) 
Compensation.
The members of the police reserve force shall receive such compensation as the city council may from time to time determine by resolution.
(e) 
Appointment of members.
Members of the police reserve force shall be appointed by the chief of police pursuant to the policies, procedures and guidelines issued by the city council, and all such appointments shall be subject to confirmation by the city council.
(f) 
Call to service; carrying weapon.
Members of the police reserve force shall serve at the discretion of the chief of police and may be called into service at any time the chief of police considers it necessary to have additional officers to preserve the peace and enforce the law. Further, any such member may carry a weapon only when authorized by the chief of police and when discharging official duties as a duly constituted police officer.
(g) 
Reserve officers to act in supplementary capacity.
Reserve police officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full-time duties of regular police officers without first complying with all requirements for such regular police officers.
(h) 
Oath.
All members of the police reserve force shall take and subscribe to the official oath prescribed for such office.
(i) 
Commission.
After taking and subscribing to the oath of office as provided above, a commission shall be issued to the appointee in the same form prescribed for members of the regular police department.
(j) 
Certification of appointment.
The appointment of any reserve police officer shall be made and entered into the minutes of the city council at any regular or special meeting of said council, and the commission issued to such officer shall be effective after the same has been certified by the mayor and such appointment has been entered into the minutes.
(k) 
Authority and duties.
Every member of the police reserve force, while in the discharge of official duties, shall have the same authority as that conferred upon members of the regular police force of the city and shall be subject to the policies, procedures and guidelines as may be established by resolution of the city council for members of the aforementioned regular police force.
(l) 
Power of mayor to summon special police force.
This section does not limit the power of the mayor to summon into service a special police force as provided by title 11, chapter 341, section 341.011, of the Local Government Code.
(2007 Code, sec. 9.03.004)