HomeMy WebLinkAboutResolution - 2170 - Authorize Interlocal Cooperative Agreements - Law Enforcement Mutual Aid - 10/10/1985KJ:cl
Resolution #2170
October 10, 1985
Agenda Item #29
1:1will hili
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock any and all
Interlocal Cooperation Agreements For Mutual Aid by and between the City of
Lubbock and any and all other political subdivisions of the State of Texas
for the purpose of assisting each other in the investigation and prevention
of criminal activity, and to enforce the laws of this State, and to provide
additional law enforcement assistance and mutual aid to protect health,
life, and property, and to offer police protection and services as allowed
pursuant to such agreements, and to increase the ability to preserve the
safety and welfare of the areas enforced pursuant to such agreements, and
to secure the benefits of interlocal cooperation for mutual aid, a copy of
such agreement attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of the Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 10th day of October , 1985.
Z k— '�-L
ATTEST:
AL N HENRY, MAYOR
Ranetts Boyd, City Secretary
APPROVED A TO CONTENT:
Thomas J. Nichol , Chief of Police
APPROVED AS TO FORM:
Ken Johns , Assistant City Attorney
Resolution #2170
INTERLOCAL COOPERATION
AGREEMENT FOR MUTUAL AID
THIS AGREEMENT entered into this 10th day of October
198, by and between the City of Lubbock, Texas, a Texas
municipal corporation duly authorized under the laws of the State
of Texas, and both
political subdivisions of the State of Texas, both who are
parties acting herein through their duly authorized and desig-
nated officials.
WHEREAS, pursuant to the powers granted under Article XI,
Section 5, of the Texas Constitution, and under TEX.REV.CIV.
STAT.ANN. Article 4413(32c), said parties desire to cooperate and
assist each other in the investigation and prevention of criminal
activity and enforcement of the laws of this State; and,
WHEREAS, the parties to this agreement have determined that
the provision of law enforcement mutual aid across jurisdictional
lines in situations anticipated under the terms of this agreement
will increase their ability to preserve the safety and welfare of
the area enforced pursuant to this agreement; and,
WHEREAS, the governing officials of this agreement's
parties, political subdivisions of the State of Texas, desire to
secure for each party the benefits of such mutual aid; and,
WHEREAS, the governmental function of police protection is
of mutual concern to the parties of this agreement;
NOW, THEREFORE, IT IS MUTUALLY AGREED BY THESE PARTIES AS
FOLLOWS:
I. TERMS
The definitions as used in Article 4413(32c) are incor-
porated herein by reference. The following terms shall have the
following meanings when used in this agreement:
(1) "law enforcement officer" - means any policeman,
sheriff, deputy sheriff, constable, deputy constable, marshal,
deputy. marshal, Department of Public Safety officer, or any other
person empowered with police duties and authority as defined in
the laws of this State.
(2) "party"
or other political
mutual aid pursuant
for aid.
means a county, municipality, state agency,
subdivision of this State who either requests
to this agreement or responds to such request
(3) "municipality" - means any city or town, including a
home rule city operating under the general law or a special
charter.
(4) "chief law enforcement officer" - means the chief of
police of a municipality, the sheriff of a county, or the local
officer in authority of the Department of Public Safety.
(50 "chief administrative officer" - means the mayor or
city manager of a municipality or the county judge of a county or
the corresponding officer of the Department of Public Safety.
II. PURPOSE
The purpose of this agreement is to cooperate in the
investigation and prevention of criminal activity and enforcement
of the laws of this State and to provide additional law enforce-
ment assistance and mutual aid to protect health, life, and
property and to offer police protection and services as allowed
pursuant to this agreement. The services performed and expendi-
tures made pursuant to this agreement shall be deemed for public
and governmental purposes and not for the purpose of staffing or
replacing the law enforcement agency of either party, whose
obligation and duty it is to adequately staff and maintain its
own law enforcement agency.
III. AUTHORIZATION
(A) This agreement shall be duly authorized by the governing
body of each party as evidenced by the signatures of such
governing designees who signed hereinbelow. If such
governing body fails to authorize such agreement, then such
agreement shall be considered null and void.
(B) All parties to this agreement shall be legally authorized to
perform the purposes of this agreement. If a party is not
thereby legally authorized then such agreement shall be null
or void.
(C) Such party or parties paying for the performance of govern-
mental functions or services pursuant to this agreement
shall make payments therefor from current revenues available
to the paying party.
(D) The authority of the parties pursuant to this agreement
includes the authority to apply the rules, regulations,
ordinances, and procedures of the responding party. This
agreement shall be executed by the duly authorized designee
of the parties as expressed in the approving resolution or
order of the governing body of such party, a copy of which
is attached hereto.
IV. DUTIES
(A) The responding party of this agreement may assign its law
enforcement officers to perform the purpose of this agree-
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ment inside or outside the responding party's territorial or
jurisdictional limits when:
(1) requested by the chief law enforcement officer or his
designee of the requesting party; and,
(2) the chief law enforcement officer or his designee of
the responding party has determined in his sole
discretion that the assignment is in furtherance of the
purpose of this agreement.
(B) Any request for aid under this agreement shall include the
amount and type of equipment and number and type of person-
nel requested, if any, and shall specify the location to
which the equipment or personnel are to be dispatched, but
the amount and type of equipment and number and type of
personnel to be furnished shall be determined by the chief
law enforcement officer or his designee.
(C) The responding party shall report to the chief law enforce-
ment officer or his designee of the requesting party the
extent of the response.
(D) The responding party shall be released of future duties by
the requesting party when the services of the responding
party for the purpose of this agreement are no longer
required or when the requesting party is notified that the
responding party's dispatched equipment or personnel is
needed by the responding party.
(E) Supervision of the requesting party shall terminate, and any
and all personnel of the City of Lubbock shall cease and
desist their assistance to the requesting party, if such
supervision violates, contradicts, compromises, or otherwise
conflicts with the policies, rules, regulations, orders, or
procedures of the City of Lubbock. In the event of such
termination, the requesting party shall no longer be held
liable for the acts of the personnel of the City of Lubbock
responding under this agreement.
V. RESPONSIBILITIES
(A) The requesting party shall give actual notification to the
responding party of any request made pursuant to this
agreement. Such assistance, if rendered, shall be rendered
according to the responding party's procedures and poli-
cies.
(B) Each party's chief law enforcement officer shall designate
an appropriate official or officials within its jurisdiction
who is empowered to request assistance under this agreement
or respond to such request. The parties shall actually
notify each other of the name(s), address(es) and telephone
- 3 -
number(s) of such designated official(s) and the official
authorized to direct mutual aid activities with their
jurisdiction if other than such designated official(s).
(C) All compensation and other benefits enjoyed by law enforce-
ment officers in their own jurisdictions shall extend to the
services they perform under this agreement. Neither party
to this agreement shall reimburse the other party for costs
incurred pursuant to this agreement except that all medical
expenses, awarded disability payments, and property damage
to requested property incurred by law enforcement officers
of the responding party shall be promptly paid by the
requesting party within ninety (90) days after incurrence of
such damage, expense or award.
(D) Law enforcement officers rendering assistance pursuant to
this agreement shall do so under the direction and super-
vision of the appropriate official designated by requesting
party, with all the powers of a regular law enforcement
officer of the requesting party, as fully as though he were
within the territorial limits of the governmental entity
where he is regularly employed, and his qualifications,
respectively, for office where regularly employed shall
constitute his qualifications for office within the terri-
torial limits of the requesting party, and no other oath,
bond, or compensation need be made.
(E) All requested equipment will remain owned by responding
party during the time it is used pursuant to this agree-
ment.
(F) At all -times while responding party's equipment or personnel
are traveling to or from the location of assistance as
notified by the requesting party to the responding party,
such personnel or equipment shall be deemed to be employed
or used, as the case may be, in the full line and cause of
duty of the responding party. Further, such equipment and
personnel shall be deemed to be engaged in a governmental
function of the responding party.
VI. WAIVER AND INDEMNIFICATION
(A) All immunities from liability enjoyed by the local political
subdivision within its territorial limits and jurisdiction
shall extend to its participation in rendering mutual aid"
pursuant to this agreement outside its territorial limits
and jurisdiction unless otherwise provided by law.
(B) No party to this agreement waives any claims against any
other party hereto which may arise out of their activities
outside their respective jurisdictions while rendering aid
under this agreement.
40
i
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(C) Each party shall indemnify and hold harmless the other
parties to this agreement from all claims by third parties
for property damage or personal injury which may arise out
of the activities of the other parties of this agreement
outside their respective jurisdictions while rendering aid
under this agreement. In lawsuits where either party may be
liable in part or total for the payment of damages, then any
other party to this agreement may intervene in such cause of
action to protect its interests.
(D) All the immunities from liability and exemptions from laws,
ordinances and regulations which law enforcement officers
employed by the various parties hereto have in their o-wn
jurisdictions shall be effective in the jurisdiction in
which they are giving assistance unless otherwise prohibited
by law.
VII. INSURANrF
The requesting party shall procure and carry at its sole
cost and expense through the life of this agreement, insurance
protection as hereinafter specified. Such insurance shall be
carried with an insurance company authorized to transact business
in the State of Texas and shall cover all operations in connec-
tion with this agreement performed by the requesting party.
(A) The requesting party shall have comprehensive general
liability insurance with limits of not less than $300,000
bodily injury and $300,000 property damage.
(B) The requesting party shall have comprehensive automobile
liability insurance with limits of not less than $500,000
bodily injury and $50,000 property damage on its owned cars
and non owned cars used in an official capacity by the
requesting party.
(C) The requesting party shall have excess or umbrella liability
insurance in the amount of
with coverage to correspond with the comprehensive general
liability and comprehensive automobile liability coverages.
The responding party is to be named as an additional insured on
this policy or policies for purposes of this agreement only and a
copy of the endorsement doing so is to be attached to the
Certificate of Insurance.
Before this agreement is commenced, the requesting party
shall submit to the responding party for approval the Certifi-
cate(s) of Insurance covering the above cited insurance policy or
Policies carried and offered as evidence of compliance with the
above insurance requirements, signed by an authorized represen-
tative of the insurance company setting forth
(1) The name and address of the insured.
- 5 -
(2) The agreement to which the insurance applies.
(3) The name of the policy and type or types of insurance
in force thereunder on the date borne by such certifi-
cate.
(4) The expiration date of the policy and the limit or
limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be cancelled only by
mailing written notice to the named insured.
(6) A provision that written notice shall be given to the
responding party ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) That no substitute or no amendment thereto will be
acceptable.
VIII. AMENDMENTS
This agreement contains all commitments and agreements of
the parties heretofore entering this agreement and no other oral
or written commitments shall have any force or effect if not
contained herein. Any proposed amendments shall not be effective
until approved in writing by all parties to this agreement.
IX. TERMINATION
(A) This agreement shall remain in effect until terminated by
all parties hereto upon written notice setting forth the
date of such termination. Parties further agree that each
party hereto shall have the right to terminate this agree-
ment upon thirty (30) days written notice to the other party
hereto.
(B) Withdrawal from this agreement by any one party by written
notice shall not terminate this agreement among the remain-
ing parties.
of
X. EFFECTIVE DATE
Effective date of this agreement shall be on the day
, 198_, at 12:01 o'clock a.m.
XI. VENUE
Each party agrees that if legal action is brought under this
agreement, exclusive venue shall lie in Lubbock County, Texas.
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XII. SAVINGS CLAUSE
In case one or more of the provisions contained in this
agreement shall be for any reason held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and
this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
XIII. MUTUALITY
In order to assist each other in the process of mutual aid
response planning, each party hereto shall inform the other party
of all mutual aid agreements which each party has instituted with
other municipalities, counties, or other state agencies.
IN WITNESS WHEREOF, the parties to this agreement have
executed this agreement as of the effective date written above,
each respective party acting by and through its governing body or
its designee in the manner required by each respective party's
charter or as otherwise required by law on the date hereinbelow
specified.
T: _
Ranette Boyd, City Secret y
AP 0 AS TO CONT NT:
Thomas J. Nichols,
Chief of Police, City of Lubbock
APPROVED AS TO FORM:
Ken Joh on,
Assistant City Attorney
Agency:
Title of Designee:
- 7 -
Art. 4413 (31bA HEADS OF DEPARTMENTS Title 70
Cross References
Coordinated Emergency Medical Services Division of State Department of Health,
see art. 4417o.
Department of Community Affairs, coordination of state and federal progr:uus and
other functions affecting local governments, see art. 4413(201).
Health Planning and Development Act, interagency contracts, see art. 4-118h, § 1.06.
Joint Advisory Committee on Government Operations, cooperation of Commission,
see art. 4413(32e), § 12.
Law enforcement officers, interlocal assistance, see art. 9%h.
Library References
States «44. C.J.S. States §§ 52, 55, 56.
` Art: 4413(32c). Interlocal Cooperation Act
I ' Purpose
Section 1. It is the purpose of this Act to improve the efficiency
and effectiveness of local governments by authorizing the fullest pos-
sible range of intergovernmental contracting authority at the local
i level including contracts between counties and cities, between and
among counties, between and among cities, between and among school
` districts, and between and among counties, cities, school districts, and
other political subdivisions of the state, and agencies of the state.
Short title
Sec. 2. This Act may be cited as The Interlocal Cooperation Act.
Definitions
Sec. 3. As used in this Act:
(1) "local government" means a county; a home rule city or a
city, village, or town organized under the general laws of this state;
a special district; a school district; a junior college district; any oth-
er legally constituted political subdivision of the State of Texas or
any adjoining state; or a combination of political subdivisions.
(2) "governmental functions and services" means all or part of
any function or service included within the following general areas:
police protection and detention services; fire protection; streets,
roads, and drainage; public health and welfare; parks; recreation;
library services; museum services; waste disposal; planning; engi-
neering; administrative functions; and such other governmental
functions which are of mutual concern to the contracting parties.
(3) "administrative functions" means functions normally associat-
ed with the routine operation of government such as tax assessment
250
'le 74
Ch. 7 GOVERNMENTAL COOPERATION Art. 4413 (320
and collection, personnel services, purchasing, data processing, ware-
housing, equipment repair, and printing.
ency
pos-
local
and
;hool
, and
Act.
or a
tate;
oth-
.s or
•t of
•eas :
eets,
pion;
,ngi-
-ntal
ciat-
�ent
Bicentennial exposition; "governmental functions and services" defined
Sec. 3A. For the purpose of providing facilities and,services for
celebration of the 200th anniversary of the founding of the United
States of America, the term "governmental functions and services,"
as used in this Act, includes the planning, construction, and operation
of a bicentennial exposition, which may include a convention center, a
museum, a battleground, camping facilities, amusement areas, exhib-
its, transportation systems, and other facilities and services which
are appropriate to the celebration. The exposition may be operated
and maintained on a permanent basis.
Authority to make interlocal contracts and agreements
Sec. 4. (a) Any local government may contract or agree with one
or more local governments to perform governmental functions and
services under terms of this Act.
(b) The agreements or contracts may be for the purpose of study-
ing the feasibility of contractual performance of any governmental
functions or services or may be for the performance of any govern-
mental functions or services which all parties to the contract are le-
gally authorized to perform, provided such contracts or agreements
shall be duly authorized by the governing body of each party to the'
contract or agreement. An interlocal contract or agreement shall
state the purpose, terms, rights, objectives, duties, and responsibili-
ties of the contracting parties. Interlocal contracts and agreements
may be renewed annually and shall specify that the party or parties
paying for the performance of governmental functions or services
shall make payments therefor from current revenues available to the
paying party.
(c) The authority of a political subdivision to perform a contrac-
tual service includes the authority to apply the rules, regulations, and
ordinances of either the subdivision receiving the service or of the
subdivision providing the service, whichever standard may be agreed
upon by the contracting political subdivisions.
(d) The contracting parties to any interlocal contract or agree-
ment shall have full authority to create an administrative agency or
designate an existing political subdivision for the supervision of per-
formance of an interlocal contract or agreement and any administra-
tive agency so created or political subdivision so designated shall have
the authority to employ personnel and engage in other administrative
activities and provide other administrative services necessary to exe-
cute the terms of any interlocal contract or agreement. For purposes
251
Art. 4413 (32c) HEADS OF DEPARTMENTS Title 70
of this Act any body politic and corporate organized under the laws
of this state shall be considered a political subdivision.
(e) The contracting parties to any interlocal contract or agreement
shall have full authority to contract with state departments and agen-
cies as defined in Article 4413(32), Vernon's Texas Civil Statutes, or
any similar department or agency of an adjoining state. The con-
tracting parties to interlocal contract or agreement shall have specific
authority to contract with the Department of Corrections for the con-
struction, operation and maintenance of a regional correctional facili-
ty provided that title to the land on which said facility is to be con-
structed is deeded to the Department of Corrections and
provided
further that a contract is executed by and between all the parties as
to payment for the housing, maintenance and rehabilitative treatment
of persons held in jails who cannot otherwise be transferred under
authority of existing statutes to the direct responsibility of the De-
partment of Corrections.
(f) No person acting under an interlocal contract or agreement
shall be deemed to be holding more than one office of honor, trust, or
profit or more than one civil office of emolument.
(g) When governmental units enter a contract or agreement for
the furnishing of fire protection services, any civil liability related to
the furnishing of those services is the responsibility of the govern-
mental unit which would be responsible for furnishing the services
absent the contract or agreement.
otsfoLeaC �!�) .
Water supply and waste water treatment facility contracts and leases
Sec. 5. (a) Any city, town, district, or river authority within the
state may enter into a contract with any other city, town, district, or
river authority created under the constitution and laws of this state
for the purpose of obtaining or providing water supply or waste wa-
ter treatment facilities or any interest therein. Any city, town, dis-
trict, or river authority may also enter into a contract with any other
city, town, district, or river authority for the leasing or operation of
water supply facilities or waste water treatment facilities or any in-
terest therein.
(b) Any contract authorized by this section may
y city, town, district, or river authority obtaining one of the services
j may not obtain these same services from any other source other than
j the city, town, district, or river authority with which it contracted
i except to the extent provided in the contract. If any such contract so
Provides, payments made thereunder shall be operating expenses of
the contracting party's water supply s steles
treat-
ment facilities, or both, as the case may be. °r waste water
252
i
r
Severability clause
Sec, 8. If any provision of this Act or the application thereof to
any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the Act which can be given
effect without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable.
Acts 1971, 62nd Leg., p. 1971, ch. 513, eff. May 31, 1971. Amended by Acts
1973, 63rd Leg., p. 237, ch. 112, § 1, eff. May 18, 1973; Acts 1973, 63rd Leg.,
p. 1279, ch. 472, § 1, eff. June 14, 1973; Acts 1973, 63rd Leg., p. 1782, ch.
655, § 1, eff. Aug. 27, 1973; Acts 1975, 64th Leg., p. 1235, ch. 460, §§ 1 to 3,
eff. June 19, 1975.
Ch. 7 GOVERNMENTAL COOPERATION Art. 4413 (32c)
(c) Except as provided in Subsection (d) of this section, any con-
'-
A
tract entered into under this section may contain any terms and ex-
The 1975 Act inserted, In 4 3(1), "State of
Texas
tend for any period of time to which the parties can agree, and mayprovide
that it will continue in effect until bonds specified in it and
is hereby repealed to the extent of the con -
refunding bonds issued in lieu of those bonds are paid.
'$
(d) No tax revenues shall be pledged to the payment of amounts
=
agreed to be paid under any contract entered into under this section.
z 4.
(e) This section is wholly sufficient authority for executing the
Section 3A was added by Acts 1973, 63rd
Leg., ch. 112,
contracts mentioned in it regardless of any restrictions or limitations
3.
contained in any other laws.
tracts among political subdivisions and
aatoce.eL 5#1
Saving clause
The 1975 Act, in 4 4(d), added the last
Sec. 6. The enactment of this law shall not affect or impair any
act done or right, obligation, or penalty existing before enactment of
purpose and Intent, setting forth the pur-
this law.
aentence ", or any similar department or
Cumulative clause
Sec. 7. The provisions of this Act shall be cumulative of all other
the terms and conditions applying to such
laws or parts of laws, general or special.
Severability clause
Sec, 8. If any provision of this Act or the application thereof to
any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the Act which can be given
effect without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable.
Acts 1971, 62nd Leg., p. 1971, ch. 513, eff. May 31, 1971. Amended by Acts
1973, 63rd Leg., p. 237, ch. 112, § 1, eff. May 18, 1973; Acts 1973, 63rd Leg.,
p. 1279, ch. 472, § 1, eff. June 14, 1973; Acts 1973, 63rd Leg., p. 1782, ch.
655, § 1, eff. Aug. 27, 1973; Acts 1975, 64th Leg., p. 1235, ch. 460, §§ 1 to 3,
eff. June 19, 1975.
Historical Note
Amendments.
Section 4 of the 1975 amendatory act pro -
The 1975 Act inserted, In 4 3(1), "State of
Texas
vided: "Any law in conflict with this Act
or any adjoining", -
is hereby repealed to the extent of the con -
Acts 1973, 63rd Leg., ch. 472. Inserted, in
flict."
.'
13(2), "museum services;".
Title of Act:
Section 3A was added by Acts 1973, 63rd
Leg., ch. 112,
An Act authorizing cooperation and con -
3.
tracts among political subdivisions and
The 1975 Act, in 4 4(d), added the last
agencies of this state; declaring legislative
sentence and, In 14(e), added to the first
purpose and Intent, setting forth the pur-
aentence ", or any similar department or
poses for which contracts can be made and
agency of an adjoining state".
the terms and conditions applying to such
±
F
Section 4(g) was added by Acts 1973, 63rd
contracts; relating to contracts and leases
for water supply and waste treatment facil-
o
Leg•. P. 1782, ch. 655, 3 1.
sties; and declaring an emergency. Acts
1971, 62nd Leg., p, 1751, ch, 513.
aX
253
iS AND VILLAGE
CITIES, TOWNS AND :VILLAGE$ ,;�,
Arf,,. 999b
Title 28
Title 28
authority to make ar-
the same time by such ordinance .confer the duties of s;id office %pon any peace
declaring it to be public
officer of the county, but no marshal elected by the people shaii;be zemoved #rom
•ovide such assistance, a
his office under the Provisipns of,this article. ;,
police reserve unit must
,��_•„n ,� . ,❑a:,•
Amended by Acts 1967, 80th:Leg,, p: 1172, ch. 623, § 3; eff. Aug: 29,.196?;. Acta 1869, 81st
ActI
by action of governing
?ity. Jones Y. State Bd.
' x
Leg., p. 1605, c$_496, § 2, eff•June ,10,JD69. ;I
-• :;
�. Retirement System of
;. Acts 1967, 60th Leg., p."1171, ch. 823, § 1 public � ace and thus rfi"ugm eigsrette
pe ,.
'Vernon's'
1) 505 S.W.2d 361.:
amended Ann.C.C.P, art: 45.04, found as result of jp6arcb ruff defendant's
!tion by city council, ,in
;',-
§ 2 of the 1967 amendatory, act amended ' person incident td such airest wail ddugasi:
998.
statutory requirements,
Art. ble in-prosecution for unlawful-posaessiori
ve unit which was .not
'
of marihuana - Korn v. State (Cr.App.1968)
e jure organized police
< ,402 S,W.2d 730
Notes of Decisions , ,.•i. t. , . '
g body of city could not
; ` 8,' 'Arrest beyond hraits•oftown n. =' `
>serve officers orally or
Workers compensation 13 Paaadena'pohce officer }lad jurisdktion to
son; thus, survivors of
°' arrest defendant In, Houston ag' -both are
were not eligible for.
er art. 62.28f providing
• located • in Harris County Lopez- vk .State
1.- -Construction and application•. ; • (App 1 Dist l:983) 652 &W.2d 51P4. review
nee to surviving spouses.
of organized police re-
M �a'
Article 998,, this article, art, 999a do granted. Y : r . : •: '
not apply .to towns incorporated under art,:
illed while performing'
enoa"il
1133 et seq. unless said town follows .the. 13. Workers' compsati
prerequisites of art. 961; towns ineorporat=' ' - Where town marshal was duly' elected
A by-a mayor •to consti-
+' j ;,”
ed •under'arL 1133 e't'se'q.• may' utrilize'the ' and serving as marshal when lordinance dis-
force pursuant to artprovisions
of art: 1146 to lawfully appoint' Pegg with office: of Lawn maishal and
to the requirements of
the needed peace •officers.-- Op.Atty.den. creating. instead the_position- ciV chief ..of
ss they subsequently be
1981, No. MW-394. : ,�� .�.• ; was• e
Pte: naclecj,: but hist r wouldpot
rnployed as peace .offl
1978, No. H-1286
".:
; , expire until April i,,, 1980, - he was. an em-
7: Arrest without warrant ployee„of Lown at time of accident m .1978,
Arrest �deferidant
of without warrant for `and thus he could recover worker's compen=
?:
offense of vagrancy was authorized by this Kation benefits for injuriessustained while
article giving police officers of city or town ' operating an automobile in pursuit of a law
and may appoint one
)n'the approval of the
, +r;
_ : ''.
power to arrest without warrant persons' • violator.'Burns v.' U.S. FSrd Inas:Co. (Sup.
guilty of disorderly conduct.and violators of .. -1982) 646-S.W.2d 444 ;..: ; •:;;. L ”-
rty, attend upon the
faithfully execute all
'
.:,
,.
Art. 999x. Marshal may be dispensed with.. �. � •
of executing all writs,
iction of the marshal
x
s f
.� • .
Notes of - .. .. .. 1,
t Decisions ursrtes of art 961, ;towns incorporated .un-
corporation court, is
Y
der art. 133 et
1. In genera! } $etl•Y utiLze the provi-
iced in more than one
e counties. He shall
?�
h,
sions of art.' 1146 to
`:Articles .998, 999, •.and this •article do not . 1a.q'•}ppoint the
apply to towns incorporated under art, 1133 needed .peace officers.. p. Atty,Gen.1981,;
Np. ,:
warrants; he shall be
et seq. unless said town follows, preneq- MW-394.' .: . , ,
peace, within the city
against the peace --of.
N
., .r• �._ hr.�
_. ; f• , ;: 3�,.:• ;(
Art. 999b: • Law enforcement.officers; jinteri4cai ,assistance
ufficient bar? for the
irged with an offense
; i j• 7 • n F
Section 1. • 11flAunicipality"• as. used herein means any diV'orWvrir 'An' )uding
home-rule city, or; a-leity ;operating under, the, general law or•a., speeiatl charter.
uty to arrest, without
"Law enforcement officer" as used - herein means any-' policeman, sheriff,: or,
ruct or interfere with
hall be guilty of any
deputy sheriff, constable, or deputy constable,' marshal, -or .deputy •marshal.'
�
''Sec.
,reach of the peace' or.
.
• 2. An Y coon or roomier all_ shall have' the' we"r l " ` - '
y .p t3' po y tesolution
to close any theatre;
' :
,or
order of its governing'body to .make pr6visi6' for,' or io ,iuih6r6.,,ts major or
chief administrative officer; ,chief df police or marshal make '..ionfor; '.,.
z the prevention and
possess and execute
`:
`
to Prov. its
regularly employed )aw enforceiften£. offroeis •to' assist;any'other= county: or
e shall. perform such
municipality, when in the opinion of the tris or "or other offioer`suthorized 'to
declare a state .of Civil emer en y
cy in.Such
-s the city council max
• g other county or municipality; there
Constitution and laws
exists in such other- county or municipality a need for the services of additional
law. enforcement.offieers!to.proteet the health
dthful performanceof
life acid ro of such other
p Perty,'•
ve a salary or fees of
<;
Lounty or munieipaliiy; its inhabitants; andlthe visitors thereto, ky.Qti of riot,'
unlawful - assembly 'tlui by': the `use
ng body of any city or
ing
act�eri of ; force and _violence; o}; 'thte i.
thereof by three or'moze persons acting together or without lawful
to the preceding'
ice of marshal, and at
aukhariiy, or.
Suring time of iiatutaT dWaster:•or' 'man-made calami ,-...
A2't. 999b ' MIES,*TOWNS AND VILLAGE$
Me is
See. ta. A county or municipality may by resolution or order of its governing
body enter into. an agreement with any neighboring municipality or contiguous
county to form a mutual aid law enforcement task force to cooperate in the
investigation. of criminal activity and enforcement of the laws of this state.
Peace officers employed by counties or municipalities entering into such agree
ments shall have only such additional investigative authority throughout the.
region as may be set forth in the agreement. The counties or municipalities shall
provide for compensation of peace, officers. involved. in the activities. of a mutual
aid law enforcement task force, which provision for compensation shall be
contained in the agreement.
A law enforcement officer employed by a county or municipality covered by an
agreement authorized by this, section, may make arrests outside the county or
municipality in which he is employed, but within the area covered by • -the
agreement, provided , however, that the law enforcement agencies within such
county. or .municipality shall be notified of such arrest without delay. Such
notified agency shall make available the notice of such.arrest in the same manner
as if said arrest were made by a member of the law enforcement agency of said
county or municipality.
Sec. 3. While any'law enforcement officer regularly 'employed'as such in one
county or, municipality is in . the service of . another county; or municipality,
pursuant to this Act, he shall , be a peace officer of such ,oihti r .county or
municipality and be under the command of the law;enforcement officer therein
who is in charge in that county or tnuiiicipality, with all the powers of a regular
law enforcement officer in- such other' county or municipality, as fully as though
he were within the county or mpnicipality where regularly employed and his
qualification, respectively, for office where regularly employed shall constitute
his qualification for office in such. other'county or municipality,, and ,no other.
oath, bond, or compensation need be made.
Sec. 4. Any law enforcement officer who is ordered by the official designated
by the governing body of any county or municipality to_ perform police or peace
duties outside the territorial limits .of the county or municipality where he is,
regularlyemployed as such officer, shall be entitled to the same wage, salary,
pension, and all other compensation and all other rights for such service,
including injury or death benefits, the same as though the service had beeil
rendered within the linuts of the county or municipality where he is regularly
employed, and shall also be paid for any reasonable;expenses ofAravel, food, or
lodging that he may incur while on duty outside such limits.'
Sec. 5. All wage and disability payments, pension payments, damage to
equipment and clotteing, medical expense, and'expenses of travel, food,- and
lodging shall be paid by the county. or, municipality regularly employing such -law
enforcement officer.' - Upon making such payments, .the, county or municipality
that , furnished the cervices shall, when it so requests,. be reimbursed by the
county or raunicipality whose authorized official requested. the services out -,of
which the payments. arose. Each such county. or municipality. is hereby expressly,
authorized to make such payments and reimbursements. notwithstanding. any,
provision m'its charter or ordinances to the con
. t� ary
Acts. 1969, 61st Leg, p. 201, ch. 81, eff. April 17, 1969. Sec. 2a added bi.�cts 1973. 63rd
Leg., p. 162¢, ch.. 587,. § 4 eff. June 15, -1978. •
Title'* Act: under which bueh'power is granted, coniW
An Act granting to a county or a inunici- ` toting such law!: enforcement; -officers` as
munici-
pality the power.toprovide services of its"
Wit,, -while o, employfficers in the ed;
law defining law enforcement officers to anothor sueli powers; providing for payinent of their. 49F.6
county or municipality under stated condi- vices and expenses incident thereof and far
tions; defining municipality and law • en- its'reimbirsemen '' providing severabrti r
forcement officer, enumerating conditions repealing ill laws lig conflic ; ins declaiia
134 .:
';I} VILLtGE9 CITIES.28 ' TOWNS AND VILLAGESTitle 28 Titit
of its governing ', eah �rgency..Acts 1969, 61st Leg., p. 201, Notea.of, p�egsioq�<s;afi",
y or contiguous n��`
ooperate in the Cross References I. Ingeneral :.::; z
s of this state. Intergovernmental cooperation act see Arreata made
act 4413(32b). by peace-ofikers Cornutiq-
nto such agree- iRt Interlocal cooperation act, see sioned by the city of Copperas Cove pursu-
throughout the r ant to contract between the piiy and.Central
44.13(32c).
nicipalities shall Texas Council of Governents .are' not un-
ies. of a mutual 4 Library References m
constitutional and are authorized by stat.
;. Municipal Corporations o=1$g.
sation shall be. Op Atty.Gen,1974, No,, H-296,
U.S.C JSMunicipal Corporations § 574.
y covered by anY; Apt, 999c. Payment of hospitalization costs for a
the county or - peace officers .and iinenten
covered by the ' Section 1. As used in this Act:
iea within such.1SQlr'"Peace officer" means a peace officer as defined`in,Article 2.12;.Cone'of
it delay. Such Criminal Procedure, 1965, as-amended. :.
-ie same manner (2) „City" means^'.an incorporated city or town, whether operated under a
agency of said home-rule charter tor incorporated under the general laws of this state..
Sec. 2. If a peace officer or fireman employed by a city sustains an in•
I as such in one the' performance of his duties which results in lm9 m
permanent incapacity for work attd
or municipality, requires constant confinement in •a hospital or other institution providing medical
ther county or treatment, the city may pay all costs of such confinement in excess. of •amounts
officer therein which -are paid under any Policy of insurance or by another-governmental entity.
>rs of a regular Sec. 3. To the extent it is permitted to make
fullyfully as though : � ', � i • Payments under 'Act, the
a and his ity subrogated to the rights of the peace officer or fireman in .suit against
third Ply because of •the injury.a
shall constitute
and no other '} 4 To receive fti2ids under this Act, -B' peace officer er 'firetriaiiPmWd,
furnish the governing body of the city: , .
1 -..
'icial designated (1) Proof that he sustained an injury in the course of his duties' resulting in
lice or permanent incapacity for work and requiring constant confinement for medical
y peace treatment;;
ty where he is . - •::� ,k. ,•�:•
e wage, salary, (2) Proof of the portion of the cost of confinement not ,paid under any policy of
- such service J insurance or by another governmental entity;. and .
rvice had been (3) any other information, or evidence required b the overnin body.-
heisrey Y g ga•..
regularly Sec. 5. This Act does -not permit payment of costs of constant confinement:
travel, food, or for medical treatment incurred prior to the effective date of the Act
m ¢' Acts 1973, 63rd Leg., p. 1696, ch. 616, eff. Aug. 27, 1973.
its, damage to -
avel, food, and Title of Act: i•. •«,,::?. s*"°t .iT!
Cross References
loying such law : An Act relating to the -payment by cities County or precuict taw enf •.
or municipality , and towns in certain circumstances of the cials personal in' or�At'off-,
costs of constant hospitalization for a JmY claunsr subroga0pp =4y,
�bursed by the � � peace •.county, see art. 158ib-1; ;..
services out ofofficer or fireman who is injured while per-
forming his duties and is permanently ince-
ereby expressly ` Library References:
thstandin ""'" pacitated for work and requires constant•'Munfcipal'Gorpomtibm-4t:200(b�'f
g an y hospitalization; and declaring an emergen- CJ.S. Municipal .`Corozatibne �§'6 �,:
d cy. Acts 1973, 63rd Leg., p. 1696, ch. 616.
/: e Legit'./u1f
Acts 1973, 63rd t;,t,•c��, f�.d,rt�,
# Art. 999d. Purchase `of liabilit ins i•�13n{;
r Y urarice for.certaln municipal. ea loyees.
> granted; consti- �} A municipality,-mAiAnsure tbe,officera and em
sent officers as • Y departments and othermunici P�Ye� Of.;thq
county or munici- r against liability to third rsons arising from and out a�the; use and o tioix
peho rg oY, : �ehicks
is defining their +� ' automobiles motor trucks para of.
went of their ser- �'`' cy medical fire or 'and'°cher motor,vehiclea used-as•muncigal amergen.
t thereof and for that police vehicles in. tha.line of duty. by paocuring::po • for•
sing severability; wL; purpose with. insurance companies authorized WJo busiaess.in, thb
ct; and declaring. All insurance taken out by a municipality, state.
shall be on state.
'�
135