(a) 
The city desires to deter peace officers from profiling individuals based on race, ethnicity or national origin alone rather than on an individual’s behavior or information identifying the individual as having engaged in criminal activity or being a suspect.
(b) 
Although race, ethnicity and national origin may be legitimate elements of a criminal investigation, discretion to initiate law enforcement actions should not be based solely on race, ethnicity or national origin.
(c) 
It is necessary for the city to adopt policies and procedures for implementing articles 2.131 through 2.138, chapter 2, Tex. Code of Crim. Proc., mandating the adoption of a racial profiling policy for the city police department.
(Ordinance 2001-O-212, sec. 1, adopted 12/6/01)
The city racial profiling policy, attached to Ordinance 2001-O-212 as exhibit A (the “policy”), is hereby approved and adopted. The racial profiling policy shall be and remain in full force and effect until such time as repealed, modified or amended by resolution or ordinance of the city council. Where the policy conflicts with the Code of Criminal Procedure or a specific department policy, the more restrictive shall govern.
(Ordinance 2001-O-212, sec. 2, adopted 12/6/01)
The chief of police is responsible for the day-to-day operation of the police department and must operate and manage the police department in a manner consistent with the policies and procedures of the city, the laws of the state and federal government, the Code of Criminal Procedure, and the public safety needs of the citizens. The chief may from time to time issue orders or specific policy statements for the police department that are consistent with the policy adopted herein for the police department and that are consistent with the personnel policies of the city as needed to guide officers and departmental practices not specifically addressed in the policy or that vary the policies as needed to create policies that will comply with changes in the law. The chief of police shall cause such policies and procedures, and any proposed modifications or amendments, to be drafted, prepared and recommended to the city council for review and action as necessary to serve the best interests of the city and the police department employees and citizens.
(Ordinance 2001-O-212, sec. 3, adopted 12/6/01)
The racial profiling policies and procedures of the police department of the city, and all revisions, modifications and amendments thereto, shall be approved by the city council, in its discretion, by resolution, and no such policies, procedures, revisions, modifications or amendments shall be in effect except as approved by the city council acting by resolution. Such policies, procedures, rules and regulations as are approved by resolution of the city council shall be and remain in effect until thereafter repealed, modified or amended by resolution, and all or any part of such policies, procedures, rules, regulations, revisions, modifications and amendments may be repealed, deleted, modified or amended, at any time, by the city council acting in its discretion.
(Ordinance 2001-O-212, sec. 4, adopted 12/6/01)
(a) 
The chief of police shall immediately, upon enactment of this policy, commence examination of the feasibility of installing video camera equipment and transmitter-activated equipment in any city motor vehicle, now owned or acquired after passage of this policy, regularly used to make traffic stops, and transmitter-activated equipment in each city motorcycle, now owned or acquired after the passage of this policy, regularly used to make traffic stops, and shall report to the city council any such vehicles which are not equipped with adequate equipment. 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 such examination support the installation of additional equipment in any motor vehicle required to be equipped but not already equipped, the chief of police is authorized and directed to apply for funding to secure the additional equipment and, if funds are available, shall take such actions as necessary to ensure installation of such additional equipment as expeditiously as feasible. The chief of police is authorized and directed to certify to the department of public safety any need for additional equipment for which funds are not available. On receipt of either sufficient funds or video and audio equipment, the chief of police shall direct such actions as necessary to expeditiously install and begin the operation of video and transmitter-activated equipment in each motor vehicle regularly used to make traffic stops, and shall direct such actions as necessary to expeditiously install and begin the operation of transmitter-activated equipment on each motorcycle regularly used to make traffic stops. The chief of police is authorized and directed to certify to the department of public safety that such 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.
(Ordinance 2001-O-212, sec. 5, adopted 12/6/01)
The policies and procedures, rules and regulations of the police department shall be interpreted and construed consistent with the Code of Criminal Procedure. The general policies and procedures of the police department shall not be interpreted or construed as creating third-party rights. The policies and procedures, rules and regulations of the police department shall be interpreted as a general guideline to be used by the police department to promote professionalism and organizational development. Nothing in the policy, or its amendments, shall be interpreted or construed as an obligation, mandate, requirement or agreement of the city or the police department to function or operate in the manner or methods described therein.
(Ordinance 2001-O-212, sec. 6, adopted 12/6/01)
Nothing in this policy shall be deemed to waive, modify or amend any legal defense available at law or in equity to either the city, the police department or its employees, or to create any legal rights or claims on behalf of any third party. Neither the city, the police department nor its employees waives, modifies or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the state.
(Ordinance 2001-O-212, sec. 7, adopted 12/6/01)