HomeMy WebLinkAbout24-1541 INCOMPLETEORDINANCE NO. 24- 1 541
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL COOPERATION CONTRACT BETWEEN THE CITY OF
DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT (DISD) REGARDING TEXAS
EDUCATION CODE SECTION 37.0814 – ARMED SECURITY OFFICER REQUIRED; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2023, the Texas Legislature passed House Bill (HB) 3, which was signed into
law by the Governor on June 14, 2023, and became effective on September 1, 2023, and;
WHEREAS, HB 3 is an Act relating to measures for ensuring public safety, including the
development and implementation of purchase relating to and funding for public school safety and
security requirements and the provision of safety-related resources, and;
WHEREAS, HB 3 amended Chapter 37, Subchapter C, Texas Education Code, by adding
Sections (a- 1), (a-2), (a-3) and (a-4) to Section 37.081 and adding Section 37.0814; and
WHEREAS, Texas Education Code Section 37.081, entitled “School District Peace Officers,
School Resources Officers, and Security Personnel,” allows the board of trustees of a school district
to employ or contract with security personnel, and;
WHEREAS, Texas Education Code Section 37.0814 provides that a security officer
described by Subsection 37.0814(a) must be:
( 1) a school district peace officer;
(2) a school resource officer; or
(3) a commissioned peace officer employed as security personnel under Section
37.081, and;
WHEREAS, Texas Education Code Section 37.0814, entitled “Armed Security Officer
Required” mandates that the board of trustees of each school district shall determine the appropriate
number of armed security officers for each district campus, and must ensure that at least one armed
security officer is present during regular school hours at each district campus, and;
WHEREAS, Texas Education Code Section 37.081, entitled “School District Peace Officers,
School Resources Officers, and Security Personnel,” allows the board of trustees of a school district
to employ or contract with security personnel, and;
WHEREAS, Texas Education Code Section 37.0814 provides that a security officer
described by Subsection 37.0814(a) must be:
(1) a school district peace officer;
(2) a school resource officer; or
(3) a commissioned peace officer employed as security personnel under Section
37.081, and;
WHEREAS, due to the passage of HB3 and to meet its obligations under Education Code
Section 37.0814, DISD has hired a security director and seeks to hire armed security officers for
its campuses who are currently licensed/commissioned peace officers by the Texas Commission
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on Law Enforcement (TCOLE), and;
WHEREAS, TCOLE licensed/commissioned peace officers must meet all TCOLE mandated
training and firearms qualification standards, and;
WHEREAS, DISD is not a TCOLE authorized law enforcement training provider, and
therefore cannot provide TCOLE mandated training or firearms qualifications to its
licensed/commissioned peace officers, and;
WHEREAS, the Denton Police Department Training Center is a TCOLE authorized training
provider authorized to provide TCOLE mandated training and firearms qualifications to DISD
licensed/commissioned peace officers, and;
WHEREAS, the City of Denton has agreed to provide TCOLE mandated training and
firearms qualifications to DISD licensed/commissioned officers at no cost to DISD, and report that
compliance to TCOLE, and;
WHEREAS, DISD and the City, by and through its Police Department (DPD), have for many
years been a party to an Interlocal Cooperation Contract whereby DPD provides ten (10) full-time
certified peace officers by the State of Texas - (9) Student Resource Officers and one (1) Lieutenant
(SRO Program) - that are assigned to Denton High School, Ryan High School, Guyer High School,
Calhoun Middle School, Strickland Middle School, and McMath Middle School (the latest iteration
of that contract was approved by DISD and then approved by the Denton City Council on July 18,
2023) and;
WHEREAS, this Interlocal Cooperation Contract does not and is not intended to
supersede or amend the existing SRO Contract unless specifically provided therein,
and
WHEREAS, the City and DISD believe entering an Interloca! Cooperation Contract, in the
form of Exhibit “A”, whereby Denton PD staff will provide DISD licensed/commissioned peace
officers with TCOLE mandated training, oversees firearms qualifications, and report compliance
to TCOLE, will not only satisfy the mandates of Education Code Section 37.08 14, but will enhance
public safety within the City of Denton and on DISD campuses; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference to the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Council finds that approving this Interlocal Cooperation Contract
with DISD in the form of Exhibit “A” enhances public safety within the City of Denton and on
DISD campuses, which serves a compelling governmental interest.
SECTION 3. The City Manager or designee is hereby authorized to execute the Interlocal
Cooperation Contract with DISD in the form attached as Exhibit “A“ and made part of this
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Ordinance by reference for all purposes.
SECTION 4. This Ordinance shall be cumulative of all provisions of ordinances of the City
of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions
of such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 5. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance,
since the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,„ t, ,pp„,, thi, O,di„,„„ w„ m,d, by Ge,, VJ kl',aSra L and seconded
by Juc Roll.„J ; thi, O,di„,„,, w„ p„„d ,„d ,pp„„,d by th,
following vote [1- L] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :J
L/
J
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
P ASsn) ANn APPROVRD thi, th, 1 -7 +- d,„ .f Sed+cMb' r J 2024.
GERARD HUDSPETH, MAYOR
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ATTEST:
LAUREN THODEN, CITY SECRETARY
11i?!I )If :
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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