TITLE III: ADMINISTRATION
		Chapter
			30.	CITY GOVERNMENT
			31.	BOARDS AND COMMISSIONS
			32.	POLICE PROTECTION
			33.	EMERGENCY MANAGEMENT
			34.	PERSONNEL POLICIES
			35.	TAXATION AND FINANCE
			36.	RECORDS MANAGEMENT
			37.	IDENTITY THEFT PREVENTION PROGRAM
CHAPTER 30: CITY GOVERNMENT
Section
General Provisions
	30.01	Adoption of Texas Local Government Code
	30.02	City offices to be filled by appointment
Court
	30.15	Judge of the Corporation Court
	30.16	Court costs in criminal cases
City Jail
	30.30	Designation of City Jail
	30.31	City Jailer
City Officials
	30.40	Building Official
GENERAL PROVISIONS
§ 30.01  ADOPTION OF TEXAS LOCAL GOVERNMENT CODE.
	The provisions of the Tex. Loc. Gov’t Code, insofar as its provisions are applicable to the city are adopted and accepted.
(Ord. passed 4-6-43)
§ 30.02  CITY OFFICES TO BE FILLED BY APPOINTMENT.
	(A)	All offices of the city, except members of the governing body, shall hereafter be filled by appointment as hereinafter provided; provided that all officers who have been elected by vote of the people shall be allowed to serve until the expiration of their terms of office.
	(B)	At the expiration of the present terms of office of elected officers, except members of the governing body, such offices shall be appointed or terminated by the Mayor and confirmed by a majority of the City Council.
(Ord. passed 6-21-65; Ord. 14-11-17A, passed 11-17-14)
COURT
§ 30.15  JUDGE OF THE CORPORATION COURT.
	(A)	The office of Judge, Corporation Court, of the city is created. The Court shall have all of the jurisdiction and powers conferred by law upon Corporation Courts and the word “Recorder,” whenever used in city ordinances, statutes or laws of the state is and shall be construed as being synonymous with the word “Judge.”
	(B)	(1)	The office of Recorder or Judge of the Corporation Court shall be appointed or terminated by the Mayor, and confirmed by a majority of the City Council.
		(2)	The Recorder of the Corporation Court shall perform the duties as prescribed by the laws of the state.
		(3)	The Recorder shall be appointed for a term of office running concurrently with that of the Mayor. He or she shall receive such compensation as the City Council shall fix by ordinance or resolution and shall furnish such surety bond as may be required by the City Council, the premium to be paid by the city.
(Ord. 26, passed 11-25-47; Ord. passed 7-31-65; Ord. 14-11-17, passed 11-17-14)
§ 30.16  COURT COSTS IN CRIMINAL CASES.
	(A)	The Judge and/or Recorder, City Attorney and/or Acting City Attorney and all officers of the Court shall receive the fees as provided by law for misdemeanor cases.
	(B)	In each misdemeanor case presented to or tried in the Corporation Court of the city, the Judge or Recorder of the Court shall tax as costs the fees set out in the proceeding division of this section, and the judgment of guilty, if the Court or jury so finds the dependant guilty, shall provide for the collection of such costs. Any person subsequently incarcerated shall be credited upon his or her fine and costs with such sum of money as may be provided by laws for persons serving in jail in lieu of payment of fine and costs.
	(C)	All fines and costs collected by the Corporation Court shall be paid into the general fund of the city, unless otherwise specified, and vouchers thereon issued in the regular manner for the payment of the fees to the Court and its officers.
(Ord. 22, passed 9-23-47)
Cross-reference:
	Municipal Court Technology Fund, see § 35.06
CITY JAIL
§ 30.30  DESIGNATION OF CITY JAIL.
	The City of New Boston Jail located at New Boston, Texas, is and henceforth shall be the official city jail of and for the City of Hooks, Bowie County, Texas.
(Ord. 23, passed 9-23-47)
§ 30.31  CITY JAILER.
	The City of New Boston Police Department Chief of Police and his or her officers shall be the official city jailor.
(Ord. 23, passed 9-23-47)
CITY OFFICIALS
§ 30.40  BUILDING OFFICIAL.
	(A)	The city hereby creates the office of Building Official.  The title of this official shall be the Building Official.
	(B)	The Building Official shall be appointed by the City Council.  The appointment shall be for an indefinite period and the Building Official shall be subject to discharge at the will of the City Council.  The appointment and removal shall require majority vote of the City Council.
	(C)	The compensation of the Building Official shall be set from time to time by the City Council.
	(D)	The duties and hours of work of the Building Official shall be set as needed and determined by the Mayor, in compliance with all laws and rules, regulations and ordinances.
(Ord. 02-01-14, passed 1-14-02)
CHAPTER 31: BOARDS AND COMMISSIONS
Section
City Planning Commission
	31.01	Creation and purpose
	31.02	Membership and appointment
	31.03	Terms of office
	31.04	Organization
	31.05	Duties
	31.06	Meetings
	31.07	Officers
CITY PLANNING COMMISSION
§ 31.01  CREATION AND PURPOSE.
	A City Planning Commission is created in order to administer the growth and development policies of the city.
(Ord. passed 1-13-75)
§ 31.02  MEMBERSHIP AND APPOINTMENT.
	The Planning Commission shall consist of five members and two alternates that shall be appointed by the Mayor and City Council. Each member mush be a qualified electorate and reside within the corporate limits of the city. It is the intent of the City Council that members shall, by reason of diversity of their individual occupation, constitute a board which is broadly representative of the community.
(Ord. passed 1-13-75; Am. Ord. 18-02-12, passed 2-12-18)
§ 31.03  TERMS OF OFFICE.
	The terms of three of the members and one alternate shall expire on December 31 of each odd-numbered year, and the terms of two of the members and one alternate shall expire on December 31 of each even-numbered year. The members of the Board shall be identified by place numbers one through five. The alternates shall be identified by place numbers one and two. The odd-numbered places shall expire in the odd-numbered years; the even-numbered places shall expire in the even-numbered years. Board members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first regular Board meeting after their appointment.
(Ord. Passed 1-13-75; Am. Ord. 18-02-12, passed 2-12-18)
§ 31.04  ORGANIZATION.
	The Commission shall hold an organizational meeting in January of each year and shall elect a Chairman and Vice-Chairman from among its members before proceeding to any other matters of business. The Board shall elect a Secretary and such other officers as it deems necessary either from its membership or from staff representatives assigned by the chief executive of the city to work with the Commission. The Board shall meet regularly and shall designate the time and place of its meetings. The Board shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this subchapter and the requirements of law.
(Ord. passed 1-13-75)
§ 31.05  DUTIES.
	Duties of the Planning Commission shall include the following:
	(A)	Review subdivision proposals; 
	(B)	Review building permit applications; and 
	(C)	Administer the city’s growth and development policies.
(Ord. passed 1-13-75)
§ 31.06  MEETINGS.
	The Commission shall meet on the third Monday of each month. The time and place of the meeting shall be determined by the Commission at the annual organizational meeting and posted at City Hall.
(Ord. passed 1-13-75)
§ 31.07  OFFICERS.
	(A)	The Commission shall have the following officers:
		(1)	Chairman.  The Chairman shall preside at all meetings of the Commission.
		(2)	Vice-Chairman.  The Vice-Chairman shall preside in the absence of the Chairman at any meeting.
		(3)	Recording Secretary.  The Recording Secretary of the Commission shall be the City Secretary who will sit on the Commission as an ex-officio member.
	(B)	In addition to the offices in division (A) of this section, the Commission may create other offices it deems necessary.
(Ord. passed 1-13-75)
CHAPTER 32: POLICE PROTECTION
Section
	32.01	Establishment of Reserve Force
	32.02	Chief of Police to have control
	32.03	Application and eligibility for membership
	32.04	Duties; authority of Chief of Police
	32.05	Identification of members; expiration and renewal of commissions
	32.06	Removal from membership; resignation
	32.07	Authority of Chief of Police to diminish membership
	32.08	Power, authority and training of members
	32.09	Remuneration of members for services
	32.10	Summary dismissal
	32.11	False impersonation
	32.12	Uniforms and badges; not to be worn by nonmembers
	32.13	Written records
§ 32.01  ESTABLISHMENT OF RESERVE FORCE.
	There is established a City Police Reserve Force composed of personnel who have volunteered to join the organization and whose application for membership has been accepted and who have complied with the rules, regulations and orders provided for the conduct and control of the members thereof. Its membership shall be limited to the same number of officers as are commissioned officers of the regular Police Force. Members of the Police Reserve Force shall not be considered as employees of the city for any purposes other than supervision and control while on duty.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.02  CHIEF OF POLICE TO HAVE CONTROL.
	The members of the Police Reserve shall be under the authority, control and command of the Chief of Police of the city subject to all of the provisions of the ordinances of the city and of this chapter. Members shall be appointed from a list of eligibles compiled as provided in § 32.03.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.03  APPLICATION AND ELIGIBILITY FOR MEMBERSHIP.
	(A)	A list of eligibles shall be established, in compliance with rules and regulations set forth in the Hooks, Texas Police Manual, as follows:
		(1)	All applicants for positions with the Police Reserve Force must apply in writing on the form prescribed by the Chief of Police.
		(2)	All applicants for positions in the Police Reserve Force must meet the following basic qualifications:
			(a)	Must be over 19 years of age.
			(b)	A native born United States citizen and an actual resident of the city.
			(c)	Graduate of a standard high school or completed a General Equivalent Degree.
			(d)	Must be free of all physical and mental defects, physically strong and well proportioned.
			(e)	Must be of good moral character.
			(f)	Must never have been convicted of a felony.
	(B)	Selections will be made through examinations, and appointments will be made by the Chief of Police and must be approved by the City Council. All examinations shall be impartial, practical in their character and shall relate to those matters which fairly test the relative capacity of the persons examined to discharge the duties of the position to which they expect to be appointed.
	(C)	(1)	All applicants successfully completing the examination shall, before appointment, be subjected to:
			(a)	A rigid background investigation. 
			(b)	A fingerprint check for a criminal record. 
			(c)	A driver's license record check. 
			(d)	A credit rating check. 
			(e)	A rigid physical examination. 
		(2)	Failure to receive a favorable report on any of the five above mentioned investigations shall cause the applicant to be rejected and denied admission to the Reserve Police Force.
	(D)	 All applications before appointment to the Police Reserve Force shall subscribe to an oath that he or she will obey and observe the Constitution of the United States, the Constitution of the State of Texas and the laws of this nation, this state and this city and that he or she will carry out the duties of a member of the Police Reserve Force. 
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.04  DUTIES; AUTHORITY OF CHIEF OF POLICE.
	(A)	The duties of the Police Reserve Force, subject at all times to the direction, supervision and control of the Chief of Police, shall be to assist the regular members of the Police Department of this city in the enforcement of the law and in the maintenance of peace and order during periods of emergency designated by the Chief of Police. The Chief of Police may, by order, establish rules and regulations to govern the Police Reserve Force, to fix the specific duties of its members and to provide for the maintenance of discipline. He or she may change such orders from time to time, and he or she may command members of the Police Reserve Force to obey the instructions of regular police officers in carrying out their duties.
	(B)	The Chief of Police may prescribe other duties than those mentioned herein to be performed by the Police Reserve Force, not inconsistent with the provisions hereof.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.05  IDENTIFICATION OF MEMBERS; EXPIRATION AND RENEWAL OF COMMISSIONS.
	(A)	An identification card and other insignia or evidence of identity as the Chief may prescribe shall be issued to each new member, who must carry the card and other identification at all times while on duty, and he or she must surrender them upon the termination of his or her membership. All commissions shall expire automatically at midnight on the thirty-first day of December in any year. A renewal of the commission for any next ensuing year may be had by the filing of an application by any holder of any commission. The applications shall be on forms prescribed by the Chief of Police, properly filled out by the applicant giving his or her full name and address and by giving the number of his or her existing commission. This application shall be filed with the Chief of Police.
	(B)	If application for renewal is not presented on or before January 31 of the year for which renewal is sought, then anyone desiring the commission as a member of the Police Reserve force shall make application as in the first instance when an applicant did not hold a commission.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.06  REMOVAL FROM MEMBERSHIP; RESIGNATION.
	Membership to the Reserve Police Force may be terminated by the Chief of Police at any time for any cause deemed sufficient by the Chief. Any member may resign from the Reserve Police Force at any time, but it shall be the duty of the member to notify the Chief of Police of his or her resignation.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.07  AUTHORITY OF CHIEF OF POLICE TO DIMINISH MEMBERSHIP.
	The Chief of Police may, by order, diminish the membership of the Reserve Police Force as may be required.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.08  POWER, AUTHORITY AND TRAINING OF MEMBERS.
	(A)	Breaking and entering.  No member of the Reserve Police Force shall break into or otherwise forcefully enter upon any private property or enter the dwelling or habitation of another person without the consent of the owner or occupant, except when immediately accompanied by a regular member of the Police Department of this city who then and there requests his or her aid in the enforcement of the law.
	(B)	Training.  Members shall fulfill the minimum training standards established by the Commission on Law Enforcement Officer Standards and Education and such other training as prescribed by the Chief of Police.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.09  REMUNERATION OF MEMBERS FOR SERVICES.
	Members of the Police Reserve Force shall receive no remuneration for their services and shall voluntarily serve without pay; provided however, that after periods of extra hazardous service or service of unduly long hours, the Chief may recommend payment to be approved by the City Council. The payment, if approved by the City Council, shall be at the rate paid to a probationary patrolman of the regular Police Force.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.10  SUMMARY DISMISSAL.
	In addition to the penalties provided by law, any violation of law under color of the performance of his or her duties as a member of the Police Reserve Force and any breach of the rules and regulations established by the Chief of Police shall subject any member to summary expulsion.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.11  FALSE IMPERSONATION.
	It shall be a misdemeanor, punishable by a fine not exceeding $200 for any person to wear, carry  or display a Reserve Police Force identification card or otherwise deceitfully represent themselves to be connected with the Reserve Police Force, unless they are in fact a member thereof in good standing.
(Ord. 05-09-19, passed 9-19-05)
§ 32.12  UNIFORMS AND BADGES; NOT TO BE WORN BY NONMEMBERS.
	The Chief of Police shall prescribe the uniforms and badges for the members of the Police Reserve Force and direct the manner in which the same shall be worn. Any person, other than a member of the Force who shall wear such uniform or badge as may be prescribed, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not exceeding $200.
(Ord. 6-16-80, passed 6-16-80; Am. Ord. 05-09-19, passed 9-19-05)
§ 32.13  WRITTEN RECORDS.
	The Chief of Police shall maintain a written record of all members of the Reserve Police Force.  This written record shall be kept and maintained in two locations, one in the office of the Chief of Police and the other in the office of the City Secretary.
(Ord. 05-09-19, passed 9-19-05)
CHAPTER 33: EMERGENCY MANAGEMENT
Section
	33.01	Organization
	33.02	Emergency Management Director; powers and duties
	33.03	Emergency Management Plan
	33.04	Interjurisdictional program
	33.05	Commitment of funds
	33.06	Liability
	33.07	Offenses
	33.08	Conflict with existing ordinances
	33.09	National Incident Management System (NIMS)
§ 33.01  ORGANIZATION.
	(A)	There exists the office of Emergency Management Director of the city which shall be held by the Mayor in accordance with state law.
	(B)	An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director.
	(C)	The Director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this chapter. He or she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for the execution shall remain with the Director.
	(D)	The operational emergency management organization of the city shall consist of the officers and employees of the city so designated by the Director in the Emergency Management Plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the Emergency Management Plan.
(Ord. 91-08-29, passed 8-29-91)
§ 33.02  EMERGENCY MANAGEMENT DIRECTOR; POWERS AND DUTIES.
	The duties and responsibilities of the Emergency Management Director shall include the following:
	(A)	Conduct an on-going survey of actual or potential hazards which threaten life and property within the city and an on-going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.
	(B)	Supervision of the development and approval of an Emergency Management Plan for the city and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan.
	(C)	Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven days except by or with the consent of the City Council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary.
	(D)	Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this chapter. Such proclamation, regulations or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary.
	(E)	Direction and control of the operations of the emergency management organization as well as the training of emergency management personnel.
	(F)	Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.
	(G)	Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations.
	(H)	Marshaling of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the provisions of the Emergency Management Plan.
	(I)	Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which the city is located and with other municipalities within the county for the county-wide coordination of emergency management efforts.
	(J)	Supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city.
	(K)	Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes.
	(L)	Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein.
   	(M)	Other requirements as specified in the Texas Disaster Act of 1975, Texas Government Code, Chapter 418.
(Ord. 91-08-29, passed 8-29-91)
§ 33.03  EMERGENCY MANAGEMENT PLAN.
	A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The Plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties and powers; and designate officers and employees to carry out the provisions of this chapter. As provided by state law, the Plan shall follow the standards and criteria established by the State Division of Emergency Management. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the Plan and to maintain their portion of the Plan in a current state of readiness at all times. The Emergency Management Plan shall be considered supplementary to this chapter and have the effect of law during the time of a disaster.
(Ord. 91-08-29, passed 8-29-91)
§ 33.04  INTERJURISDICTIONAL PROGRAM.
	The Mayor is hereby authorized to join with the County Judge and the Mayors of the other cities in the county in the formation of an interjurisdictional emergency management program for the county and shall have the authority to cooperate in the preparation of an Interjurisdictional Emergency Management Plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as the program may affect the city.
(Ord. 91-08-29, passed 8-29-91)
§ 33.05  COMMITMENT OF FUNDS.
	No person shall have the right to expend any public funds of the city in carrying out any Emergency management activity authorized by this chapter without prior approval by the City Council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the City Council unless during a declared disaster. During a declared disaster, the Mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life or property.
(Ord. 91-08-29, passed 8-29-91)
§ 33.06  LIABILITY.
	This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health and safety and neither the city, the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this chapter shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license of privilege, or otherwise permits the city to inspect, designate and use the whole or any part or parts of the real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall, together with his or her successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under the license, privilege or other permission or for loss of, or damage to, the property of the person.
(Ord. 91-08-29, passed 8-29-91)
§ 33.07  OFFENSES.
	(A)	It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this chapter.
	(B)	It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials.
	(C)	Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this chapter.
(Ord. 91-08-29, passed 8-29-91) Penalty, see § 10.99
§ 33.08  CONFLICT WITH EXISTING ORDINANCES.
	At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith.
(Ord. 91-08-29, passed 8-29-91)
§ 33.09  NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS).
	The National Incident Management System (NIMS) dated March 1, 2004 is hereby adopted by the city.
(Ord. 05-08-15A, passed 8-15-05)
CHAPTER 34: PERSONNEL POLICIES
Section
	34.01	Texas Municipal Retirement System (TMRS) - election to participate; adoption by reference
	34.02	Social Security Fund
	34.03	Volunteer Firefighters Relief and Retirement Fund
	34.04	At-will employment
Sexual Harassment Policy
	34.15	Statement of policy
	34.16	Definition
	34.17	Intimate relationships
	34.18	Complaint procedure
	34.19	Retaliation
	34.20	Training
	34.21	Acknowledgment
§ 34.01  TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) - ELECTION TO PARTICIPATE; ADOPTION BY REFERENCE.
	(A)	Election to participate in the TMRS.  On behalf of the city, the City Council hereby exercises its option and elects to have the city and all of the employees of all departments, except the Fire Department, participate in the Texas Municipal Retirement System (hereafter “TMRS”) as provided in Tex. Gov't Code §§ 851.001 et seq., as amended; all of the benefits and obligations of such system are hereby accepted.
	(B)	Election to participate in the TMRS Supplemental Benefits Fund.  The City Council elects to have the employees of all participating departments of the city participate in and be covered by the Supplemental Benefits Fund of the Texas Municipal Retirement System, as provided by Tex. Gov't Code §§ 851.001 et seq.; all the benefits and obligations of participation in said fund are hereby accepted by the city as to such employees.
	(C)	Adoption by reference.  Ordinances effecting the plan for participation in the TMRS, employee contributions, updated service credits, increases in benefits and retirement annuities and any other applicable legislation of the city and state are adopted by reference into this code of ordinances as if fully set forth herein and shall be kept on file in the office of the City Clerk.
(Ord. 81-15-9, passed 9-15-81)
§ 34.02  SOCIAL SECURITY FUND.
	(A)	The City Council acting for and on behalf of the city shall enter into all necessary agreements with the State Department of Public Welfare for the purpose of carrying out the provisions of the Social Security Act, Title II, being 42 USC 401 et seq.
	(B)	The Mayor is appointed as agent of the city to execute all necessary agreements and instruments for and in behalf of the City Council and the city.
	(C)	The City Secretary is directed to be the person responsible for making assessments, collections, payments and reports, as required by the State Department of Public Welfare.
	(D)	A sufficient sum of money shall be allocated and set aside from available funds for the purpose of carrying out the provisions of the acts mentioned in division (A) of this section, such money so allocated and set aside to be known as the City Social Security Fund, which fund shall be set aside and maintained in the regular city depository.
(Ord. passed 8-20-56)
§ 34.03   VOLUNTEER FIREFIGHTER’S RELIEF AND RETIREMENT FUND.
	The city exempts itself from all requirements of S.B. 411, being Tex. Rev. Stat art. 6243q,  enacted by the 65th regular session of the Texas Legislature for establishing a State Volunteer Firefighter’s Relief and Retirement Fund.
(Res. passed 10-11-77)
§ 34.04  AT-WILL EMPLOYMENT.
	The city shall be an at-will employer. It shall not permit the creation of, or employment of, any individual by means of a contract of employment which would change the character of any employee’s employment with the city to be that other than an at-will employee. The hiring of an employee by contract is hereby prohibited. 
(Ord. 15-06-15A, passed 6-15-15)
SEXUAL HARASSMENT POLICY
§ 34.15  STATEMENT OF POLICY.
	The City of Hooks committed to taking all reasonable steps to prevent all forms of discrimination and harassment in the workplace. In particular, the city strives to maintain a work environment that is free of sexual harassment, sexual exploitation and intimidation. In addition to other forms of discrimination, the city maintains a strict policy prohibiting sexual (i.e., gender-based) harassment, which will not be tolerated from any employee or supervisor at any level.
(Ord. 09-10-19, passed 10-19-09)
§ 34.16  DEFINITION.
	(A)	For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
		SEXUAL HARASSMENT.  Unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature or based on a person’s gender when:
			(a)	Submission to such conduct is made a term or condition of employment;
			(b)	Submission to or rejection of such conduct is used as a basis for employment decisions affecting an individual; or
			(c)	Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.
	(B)	The following is a partial list of conduct that could be sexual harassment:
		(1)	Unwanted sexual advances or propositions;
		(2)	Offering employment benefits in exchange for sexual favors;
		(3)	Making or threatening reprisals after a negative response to sexual advances;
		(4)	Visual conduct (e.g., leering, making sexual gestures, displaying of sexually suggestive objects, pictures, cartoons, or posters);
		(5)	Verbal conduct (e.g., making or using derogatory comments, sexually explicit jokes, comments about an employee’s body or dress);
		(6)	Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, invitations or emails; and/or
		(7)	Physical conduct (e.g., touching, impeding or blocking movement).
	(C)	Sexual harassment on the job is unlawful whether it involves co-worker harassment or harassment by a supervisor or manager. All employees found to have been engaged in sexual harassment will be subject to disciplinary action, including possible termination.
(Ord. 09-10-19, passed 10-19-09)
§ 34.17  INTIMATE RELATIONSHIPS.
	A manager or supervisor engaged in an intimate personal relationship (i.e., sexual relationship) with an employee must disclose the nature of the relationship to upper management. A manager or supervisor engaged in such relationships is prohibited from serving in a decision-making role for that employee.
(Ord. 09-10-19, passed 10-19-09)
§ 34.18  COMPLAINT PROCEDURE.
	(A)	Employees who believe they have been sexually harassed on the job or who are aware of the harassment of others must provide a written or verbal complaint to the City Secretary as soon as possible. The complaint must include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors and managers must immediately refer all harassment complaints to the City Secretary.
	(B)	All incidents of sexual harassment that are reported, either verbally or in writing, will be investigated. The City Secretary or designated representative will immediately undertake an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed and a determination regarding the alleged harassment will be made and communicated to the employee(s) who complained and the accused harasser(s). If a complaint of sexual harassment is substantiated, appropriate disciplinary action, up to and including termination, will be taken.
	(C)	Complaints and investigations will be conducted with confidentiality to the greatest extent possible. Anonymity is not guaranteed.
(Ord. 09-10-19, passed 10-19-09)
§ 34.19  RETALIATION.
	City policy prohibits retaliation against any employee, by another employee or by the city, for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by the city or by a federal, state or local enforcement agency.
(Ord. 09-10-19, passed 10-19-09)
§ 34.20  TRAINING.
	All employees and supervisors are required to attend regular sexual harassment training sessions, as scheduled by the City Secretary.
(Ord. 09-10-19, passed 10-19-09)
§ 34.21  ACKNOWLEDGMENT.
	All employees must sign an acknowledgment indicating that they have attended sexual harassment training and have reviewed and understand the organization’s policy on sexual harassment. This form will be placed into the employee’s personnel file.
(Ord. 09-10-19, passed 10-19-09)
CHAPTER 35: TAXATION AND FINANCE
Section
	35.01	Fiscal year
	35.02	Sales and use tax
	35.03	Sales tax on residential use of gas and electricity
	35.04	Delinquent property taxes
	35.05	Telecommunications taxes
	35.06	Municipal Court Technology Fund
	35.07	Municipal Court Building Security Fund
	35.08	Hotel and motel occupancy tax
§ 35.01  FISCAL YEAR.
	The fiscal year for the city on all business matters be and the same is changed so that the fiscal year of the city shall be the period from October 1 of one year to September 30 of the next succeeding year.
(Ord. 47, passed 12-14-55)
§ 35.02  SALES AND USE TAX.
	(A)	On November 1, 1993, an election was held in the city at which the voters of the city considered the adoption of an additional ½% sales and use tax within the city to be used for improving and promoting economic industrial development.
	(B)	The imposition of an additional ½% sales and use tax within the city has been approved by the voters of the city for use pursuant to the provisions of Tex. Rev. Civ. Stat., Art. 5190.6.
(Ord. 93-04-11, passed 4-11-93)
§ 35.03  SALES TAX ON RESIDENTIAL USE OF GAS AND ELECTRICITY.
	The city shall retain the 1% city sales tax on residential gas and electric bills so that the city shall continue to receive the revenues therefrom.
(Ord. 8-31-78, passed 8-31-78)
§ 35.04  DELINQUENT PROPERTY TAXES.
	(A)	Whenever any accounts for delinquent property taxes owed to the taxing unit are given to its Tax Attorney for collection, on or after July 1 of the year they become delinquent, the taxing unit shall be entitled to, and shall collect, an additional penalty of 15% of the delinquent taxes and penalty (including any interest owed) due on each delinquent property at the time of collection, either before or after suit and/or foreclosure sale, as provided by the Tex. Property Tax Code, § 33.07.
	(B)	In addition to the collection expenses provided for in division (A) of this section, whenever a delinquent tax suit is filed, the taxing unit shall be entitled to recover reasonable expenses, subject to the approval of the Court, that are incurred by the taxing unit in determining the name, identity and location of necessary parties and in procuring necessary legal descriptions of the property on which a delinquent tax is due, as provided by the Tex. Property Tax Code, § 33.48(a)(3).
(Ord. 20-2-84, passed 2-20-84)
§ 35.05  TELECOMMUNICATIONS TAXES.
	(A)	A tax is hereby authorized on all telecommunications services sold within the city.  For purposes of this section, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates.  If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed.
	(B)	The application of the exemption provided for in Tex. Tax Code § 321.210, is hereby repealed by the city as authorized by division (B).
	(C)	The rate of the tax imposed by this section shall be the same as the rate imposed by the city for all other local sales and use taxes as authorized by the legislature of the state.
(Ord. 10-18-99, passed 10-10-99)
§ 35.06  MUNICIPAL COURT TECHNOLOGY FUND.
	(A)	Establishment of Fund.
		(1)	There is hereby created and established a Municipal Court Technology Fund, known as the Fund herein, pursuant to Tex. Code Crim. Proc., Art. 102.0172.
		(2)	The Fund may be maintained in an interest bearing account and may be maintained in the general revenue account.
	(B)	Establishment of amount of Municipal Court technology fee and assessment and collection.
		(1)	The fee shall be in the amount $4.00.
		(2)	The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the Municipal Court as a cost of court. A defendant is considered convicted if:
			(a)	A sentence is imposed on the person;
			(b)	The person is placed on community supervision, including deferred adjudication community supervision; or
			(c)	The court defers final disposition of the person's case.
		(3)	The fee shall be collected on conviction for an offense committed on or after this section is adopted.
		(4)	The Clerk of the Court shall collect the fee and pay the fee to the Municipal Treasurer or other official who discharges or performs the duties of the City Treasurer, who shall deposit the fee into the Municipal Court Technology Fund.
	(C)	Designated use of the fund and administration.
		(1)	The Fund shall be used only to finance the purchase of or to maintain technological enhancements for a municipal court or municipal court of record, including:
			(a)	Computer systems;
			(b)	Computer networks;
			(c)	Computer hardware;
			(d)	Computer software;
			(e)	Imaging systems;
			(f)	Electronic kiosks;
			(g)	Electronic ticket writers; or
			(h)	Docket management systems.
		(2)	The Fund shall be administered by or under the direction of the City Council.
	(D)	Severability.  If any provision, section, subsection, sentence, clause or phrase of this section, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this section or the application thereof shall remain in effect, it being the intent of the City Council in adopting this section, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision.
	(E)	Repealing conflict.  All ordinances and parts of ordinances in conflict with this section are hereby repealed to the extent of conflict with this section.
	(F)	Publishing and effective date.  This section shall be published in accordance with the requirement of publishing all ordinances and becomes effective in accordance with state law upon passage.
	(G)	Administration of fund.  The purpose of the use of any funds remaining in the fund shall continue to be used and administered as required by this section and for that purpose this section remains in effect.
(Ord. 18-06-01, passed 6-18-01; Am. Ord. 03-12-15, passed 12-15-03)
§ 35.07  MUNICIPAL COURT BUILDING SECURITY FUND.
	(A)	There is hereby created and established a Municipal Court Building Security Fund (the "Fund") pursuant to Tex. Code Crim. Proc., Art. 102.017.
	(B)	The Municipal Court of the City of Hooks, Texas (the "Municipal Court") is hereby authorized and required to assess a Municipal Court Building Security Fee (the "Fee") in the amount of $3 against all defendants convicted of a misdemeanor offense by the Municipal Court. Each misdemeanor conviction shall be subject to a separate assessment of the fee.
	(C)	A person is considered to have been convicted in a case if:
		(1)	Judgment, sentence, or both are imposed on the person;
		(2)	The person receives deferred disposition; or
		(3)	The Court defers final disposition or imposition of the judgment and sentence.
	(D)	The Municipal Court Clerk is hereby authorized and required to collect the fee and to pay same to the treasury of the city. All fees so collected and paid over to the treasury of the city shall be segregated in the Fund.
	(E)	The Fund shall be used only for the purpose of financing the purchase of security devices and/or services for the building or buildings housing the Municipal Court.  Security devices and/or services shall include any and all items described in Tex. Code Crim. Proc., Art. 102.017(d).
	(F)	The Fund shall be administered by or under the direction of the City Council.
(Ord. 06-08-21, passed 8-21-06)
§ 35.08  HOTEL AND MOTEL OCCUPANCY TAX.
	(A)	Levying of tax. There is hereby levied upon the occupancy of any room or space furnished by a motel or hotel where such cost of occupancy is at the rate of$2 or more per day, a tax equal to 7% of the consideration paid by the occupant of such room or space to such hotel or motel (exclusive of other occupancy taxes imposed by other governmental agencies) located within the City of Hooks or its extraterritorial jurisdiction.
	(B)	Exemptions and refunds.
		(1)	All persons, organizations and entities specified in Tex. Tax Code Ch. 351, Subch. C, as amended, are exempt from the payment of the tax imposed under this section.
		(2)	Any person, organizations, or entity entitled to receive a refund of tax paid under this section, may file a refund claim as provided in Tex. Tax Code § 156.154, as amended.
		(3)	A person described Tex. Tax Code § 156.103(c) , as amended, shall pay the tax imposed by this chapter, but the state governmental entity with whom the person is associated is entitled to a refund of the tax paid.
		(4)	To receive a refund of tax paid under this section, the governmental entity entitled to the refund must file a refund claim with the City Manager on a form prescribed by the state comptroller and provided by the City Manager. A governmental entity may file a refund claim with the City Manager only for each calendar quarter for all reimbursements accrued during that quarter.
	(C)	Definition of terms. The following words, terms and phrases, for the purpose of this section, except where the context clearly indicates another meaning, are respectively defined as follows:
		ASSESSOR AND COLLECTOR.  The Tax Assessor and Collector of the City of Hooks, Bowie County, Texas.
		HOTEL. A building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include:
			(a)	A hospital, sanitarium, or nursing home; or
			(b)	A dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by Tex. Education Code § 61.003, used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution.
		CONSIDERATION.  The monetary cost of the room in such hotel and other facilities as are defined above, only if the room is one ordinarily used for sleeping, and shall not include the cost of food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room for occupancy.
		OCCUPANCY.  The use, possession, or the right to the use or possession of any room in a hotel or other facility as herein above defined, if the room is one ordinarily used for sleeping and if the occupant’s use or possession, or right to use or possess, extends for a period of less than 30 days.
		OCCUPANT.  Any person who for a consideration uses, possesses, or has a right to use or possess, any room in a hotel or other facility as defined herein above, if the room is one ordinarily used for sleeping.
		PERMANENT RESIDENT.  Any individual or group of individuals who has or shall have the right to occupancy of any room or rooms in a hotel or other facility, as herein above defined, for at least 30 consecutive days during the current calendar year or preceding year.
		PERSON.  Any individual, company, corporation, or association owning, operating, managing, or controlling any hotel.
		QUARTERLY PERIOD.  The regular calendar quarters of the year; the first quarter being composed of the months of January, February and March; the second quarter being composed of April, May and June; the third quarter being composed of July, August, and September; and the fourth quarter being composed of the months of October, November and December.
	(D)	Collection and reporting.
		(1)	Collection. Every person owning, operating, managing or controlling any hotel, as defined hereinabove, within the City of Hooks, Texas, or its extraterritorial jurisdiction shall collect for the City of Hooks, Texas, the tax imposed in division (A) of this section, hereof and report and pay the tax to the city in accordance with all requirements and procedures set forth in this section.
		(2)	Reporting. On the last day of the month following each quarterly period, every person required in this section to collect the tax imposed herein in division (A) of this section, shall file a report with the Tax Assessor and Collector of the city, showing the consideration paid for all occupancies in the preceding quarter, the amount of tax collected on such occupancies, and any other information as the Tax Assessor and Collector may reasonably require. Such persons shall deliver to the office of the Tax Assessor and Collector the tax due on such occupancies at the time of filing such report.
		(3)	The Tax Assessor and Collector shall have access to the books and records of all persons who are required to collect such tax by division (D)(1) of this section, during reasonable business hours as shall be necessary to enable the Tax Assessor and Collector to determine the correctness of any report filed, and to determine the correctness of the amount due under the provisions of this section, or to determine whether or not a report should have been filed, and, if necessary, the amount of taxes due.
		(4)	The person required to file a report under this section may deduct and withhold from the taxes otherwise due to the city on the quarterly return, as reimbursement for the cost of collecting the tax, 1% of the amount of the tax due as shown on the report. If taxes due under this section are not paid to the city within the time required or if the person required to file a report fails to file the report when due, the person forfeits the claim to reimbursement that could have been taken if the tax had been paid or the report filed when due.
		(5)	Each remittance of a tax required by this chapter must contain the following statement and representation signed by the person required by this chapter to collect the tax:
			The tax remitted and paid to the City of Hooks with this report was collected pursuant to the requirements of Chapter         ,Hooks City Code, as amended.
	(E)	Tax collection on purchase of a hotel.
		(1)	If a person liable for the payment of a tax under this section is the owner of the hotel and sells the hotel, the successor to the seller or the seller’s assignee shall withhold an amount of the purchase price sufficient to pay the tax due until the seller provides a receipt from the Tax Assessor/Collector showing that the amount has been paid or a certificate stating that no tax is due.
		(2)	The purchaser of a hotel who fails to withhold an amount of the purchase price as required by this section is liable for the amount required to be withheld to the extent of the value of the purchase price.
		(3)	The purchaser of a hotel may request that the Tax Assessor/Collector issue a certificate stating that no tax is due or issue a statement of the amount required to be paid before a certificate may be issued. The Tax Assessor/Collector shall issue a certificate or statement not later than 60 days after receiving the request.
		(4)	If the Tax Assessor/Collector fails to issue the certificate or statement within the period provided by division (E)(3) of this section, the purchaser is released from the obligation to withhold the purchase price or pay the amount due.
	(F)	Use of revenue.
		(1)	The revenue derived from this hotel-motel occupancy tax shall be used only for one or more of the following purposes:
			(a)	The acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities including, but not limited to, civic center convention buildings, auditoriums, coliseums, civic theaters, museums, and parking areas or facilities for the parking or storage of motor vehicles or other conveyances located at or in the immediate vicinity of the convention center facilities;
			(b)	The furnishing of facilities, personnel and materials for the registration of convention delegates or registrants;
			(c)	For advertising for general promotion, and tourist advertising of the city and its, vicinity and conducting a solicitation and operating program to attract conventions and visitors either by the city or through contracts with persons or organizations selected by the city;
			(d)	The encouragement, promotion, improvement and application of the arts, including music (instrumental and vocal), dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photograph, graphic and craft arts, motion pictures, television, radio, tape and sound recording, and the arts related to the presentation, performance, execution and exhibition of these major art forms; and/or
			(e)	Historical preservation and restoration.
		(2)	A portion of the tax revenue equal to one percent of the cost of the occupancy of hotel rooms shall be reserved by the city for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention facilities, and for promotion of tourism and advertising of the city and its vicinity, either by the city or through contract with persons or organizations selected by the city.
	(G)	Criminal penalty.
		(1)	If any person shall fail to collect the tax imposed herein, or shall fail to file a report as required herein, or shall fail to pay to the Tax Assessor and Collector the tax as imposed herein when the report or payment is due, or shall file a false report, or fails to comply with division (E) of this section when purchasing a hotel, then such person shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500. Each transaction in violation of any of the provisions hereof shall be deemed a separate offense.
		(2)	In addition to any criminal penalties imposed under this section, a person failing to pay the tax to the Tax Assessor/Collector by the 25th day of the month following the month in which the tax is required by this chapter to be collected shall pay an amount equal to 15% of the tax due as a penalty. Delinquent taxes draw interest at the rate of 10% per year beginning 30 days from the date the tax is due to the Tax Assessor/Collector.
		(3)	In addition, the city is authorized to file legal proceedings against the hotel for noncompliance seeking any other remedies provided by state law.
		(4)	In addition to the amount of any tax owed, a person is liable to the city for all reasonable attorney’s fees incurred by the city in enforcing this chapter against the person and in collecting any tax owed by the person under this chapter.
(Ord. 10–09-27, passed 9-27-10)
CHAPTER 36: RECORDS MANAGEMENT
Section
	36.01	Definitions
	36.02	Municipal records declared public property
	36.03	Policy
	36.04	Designation of Records Management Officer
	36.05	Records Management Plan to be developed; approval of plan; authority of plan
	36.06	Duties of Records Management Officer
	36.07	Duties and responsibilities of department heads
	36.08	Records control schedules to be developed; approval; filing with state
	36.09	Implementation of records control schedules; destruction of records under schedule
	36.10	Destruction of unscheduled records
§ 36.01  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	DEPARTMENT HEAD.  The officer who by ordinance or administrative policy is in charge of an office of the city that creates or receives records.
	ESSENTIAL RECORD.  Any record of the city necessary to the resumption or continuation of operations of the city in an emergency or disaster, to the recreation of the legal and financial status of the city or the protection and fulfillment of obligations to the people of the state.
	MUNICIPAL RECORDS.  All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media or other information recording media, regardless of physical form or characteristic and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business are declared to be the records of the city and shall be created, maintained and disposed of in accordance with the provisions of this chapter of procedures authorized by it and in no other manner.
	PERMANENT RECORD.  Any record of the city for which the retention period on a records control schedule is given as permanent.
	RECORDS CONTROL SCHEDULE.  A document prepared by or under the authority of the Records Management Officer listing the records maintained by the city, their retention periods and other records disposition information that the records management program may require.
	RECORDS MANAGEMENT OFFICER.  The person designated in § 36.04 of this chapter.
	RECORDS MANAGEMENT PLAN.  The plan developed under § 36.05 of this chapter.
	RECORDS MANAGEMENT.  The application of management techniques to the creation, use, maintenance, retention, preservation and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports and correspondence and the management of micrographics and electronic and other records storage systems.
	RETENTION PERIOD.  The minimum time that must pass after the creation, recording or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.
(Ord. 91-09-16, passed 9-16-91)
§ 36.02  MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY.
	All municipal records, as defined in § 36.01 of this chapter, are declared to be the property of the city. No municipal official or employee has, by virtue of his or her position, any personal or property right to the records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files or use of the records is prohibited.
(Ord. 91-09-16, passed 9-16-91)
§ 36.03  POLICY.
	It is declared to be the policy of the city to provide for efficient, economical and effective controls over the creation, distribution, organization, maintenance, use and disposition of all municipal records through a comprehensive system or integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the Tex. Local Governments Records Act, being Tex. Local Gov’t Code, §§ 201.001 et seq.,  and accepted records management practice. 
(Ord. 91-09-16, passed 9-16-91)
§ 36.04  DESIGNATION OF RECORDS MANAGEMENT OFFICER.
	The City Secretary, and the successive holders of the office, shall serve as Records Management Officer for the city. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within 30 days of the initial designation or of taking up the office, as applicable.
(Ord. 91-09-16, passed 9-16-91)
§ 36.05  RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN; AUTHORITY OF PLAN.
	(A)	The Records Management Officer shall develop a Records Management Plan for the city for submission to the City Council. The Plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality and to properly preserve those records of the municipality that have historical value. The Plan must be designed to enable the Records Management Officer to carry out his or her duties prescribed by state law and this chapter effectively.
	(B)	Once approved by the City Council, the Records Management Plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees or similar entities of the city, and records shall be created, maintained, stored, microfilmed or disposed of in accordance with the Plan.
	(C)	State law relating to the duties, other responsibilities or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this chapter and the Records Management Plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the city.
(Ord. 91-09-16, passed 9-16-91)
§ 36.06  DUTIES OF RECORDS MANAGEMENT OFFICER.
	In addition to other duties assigned to this chapter, the Records Management Officer shall:
	(A)	Administer the records management program and provide assistance to department heads in its implementation;
	(B)	Plan, formulate and prescribe records disposition policies, standards and procedures;
	(C)	In cooperation with department heads identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense;
	(D)	Develop procedures to ensure the permanent preservation of the historically valuable records of the city;
	(E)	Establish standards for filing and storage equipment and for recordkeeping supplies;
	(F)	Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the city;
	(G)	Monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations;
	(H)	Disseminate to the City Council and department heads information concerning state laws and administrative rules relating to local government records;
	(I)	Ensure that the maintenance, preservation, microfilming, destruction or other disposition of the records of the city are carried out in accordance with the policies and procedures of the records management program and the requirements of state law;
	(J)	Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records microfilmed or stored electronically and the estimate cost and space savings as the result of such disposal or disposition;
	(K)	Report annually to the City Council on the implementation of the Records Management Plan in each department of the city, including summaries of the statistical and fiscal data compiled under subsection (J); and
	(L)	Bring to the attention of the City Council noncompliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act, being Tex. Local Gov’t Code, §§ 201.001 et seq.
(Ord. 91-09-16, passed 9-16-91)
Statutory reference:
	Records Management Officer, state law duties, see Tex. Local Gov’t Code § 203.023
§ 36.07  DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS.
	In addition to other duties assigned in this chapter, department heads shall:
	(A)	Cooperate with the Records Management Officer in carrying out the policies and procedures established in the city for the efficient and economical management of records and in carrying out the requirements of this chapter;
	(B)	Adequately document the transaction of government business and the services, programs and duties for which the department head and his or her staff are responsible; and
	(C)	Maintain the records in his or her care and carry out the preservation, microfilming, destruction or other disposition only in accordance with the policies and procedures of the records management program of the city and the requirements of this chapter.
(Ord. 91-09-16, passed 9-16-91)
§ 36.08  RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE.
	(A)	The Records Management Officer, in cooperation with department heads, shall prepare records control schedules on a department basis listing all records series created or received by the department and the retention period for each series. Records control schedules shall also contain such other information regarding the disposition of municipal records as the Records Management Plan may require.
	(B)	Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect to the recordkeeping procedures and needs of the department and the records management program of the city.
	(C)	Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the City Council.
	(D)	Before its adoption, a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit to the records control schedules to the director and librarian.
(Ord. 91-09-16, passed 9-16-91)
§ 36.09  IMPLEMENTATION OF RECORDS CONTROL SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULE.
	(A)	A records control schedule for a department that has been approved and adopted under § 36.08 shall be implemented by department heads according to the policies and procedures of the Records Management Plan.
	(B)	A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit or the department head requests in writing of the Records Management Officer that the record be retained for an additional period.
	(C)	Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer from the City Council.
(Ord. 91-09-16, passed 9-16-91)
§ 36.10  DESTRUCTION OF UNSCHEDULED RECORDS.
	A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Record Management Officer has submitted to and received back from the director and librarian an approved destruction authorization request.
(Ord. 91-09-16, passed 9-16-91)
CHAPTER 37: IDENTITY THEFT PREVENTION PROGRAM
Section
	37.01	Program adoption
	37.02	Purpose and definitions
	37.03	Identification of red flags
	37.04	Detecting red flags
	37.05	Preventing and mitigating identity theft
	37.06	Program updates
	37.07	Program administration
§ 37.01  PROGRAM ADOPTION.
	The city developed this identity theft prevention program (“program”) pursuant to the Federal Trade Commission’s red flags rule (“rule”), which implements § 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C.F.R. § 681.2. This program was developed for the Utility Department of the city (“Utility”) with oversight and approval of the City Council. After consideration of the size and complexity of the Utility’s operations and account systems, and the nature and scope of the Utility’s activities, the City Council determined that this program was appropriate for the city’s Utility, and therefore approved this Program on July 20, 2009.
(Ord. 09-07-20, passed 7-20-09)
§ 37.02  PURPOSE AND DEFINITIONS.
	(A)	Establish an identity theft prevention program. To establish an identity theft prevention program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the program in compliance with 16 C.F.R. Part 681 implementing §§ 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.
	(B)	Establishing and fulfilling requirements of the red flags rule.
		(1)	The red flags rule (“rule”) defines IDENTITY THEFT as “fraud committed using the identifying information of another person” and a RED FLAG (“red flag”) as a pattern, practice, or specific activity that indicates the possible existence of identity theft.
		(2)	Under the rule, every financial institution and creditor is required to establish an “identity theft prevention program” tailored to its size, complexity and the nature of its operation. The program must contain reasonable policies and procedures to:
			(a)	Identify relevant red flags for new and existing covered accounts and incorporate those red flags into the program;
			(b)	Detect red flags that have been incorporated into the program;
			(c)	Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and
			(d)	Ensure the program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft.
	(C)	Red flags rule definitions used in this program. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
		CITY.  The City of Hooks, Texas.
		COVERED ACCOUNT.  Under the rule:
			(a)	Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and
			(b)	Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from identity theft.
		CREDITORS.  Includes finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered CREDITORS.
		IDENTIFYING INFORMATION.  Any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including: name, address, telephone number, social security number, date of birth, government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer’s internet protocol address, or routing code.
		PROGRAM.  The identity theft prevention program for the city.
		PROGRAM ADMINISTRATOR.  The City Secretary is the Program Administrator for the program.
		UTILITY.  The Utility Department for the city.
(Ord. 09-07-20, passed 7-20-09)
§ 37.03  IDENTIFICATION OF RED FLAGS.
	In order to identify relevant red flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with identity theft. The Utility identifies the following red flags, in each of the listed categories.
	(A)	Notifications and warnings from consumer credit reporting agencies; red flags.
		(1)	Report of fraud accompanying a consumer credit report;
		(2)	Notice or report from a consumer credit agency of a credit freeze on a customer or applicant;
		(3)	Notice or report from a consumer credit agency of an active duty alert for an applicant; and
		(4)	Indication from a consumer credit report of activity that is inconsistent with a customer’s usual pattern or activity, including but not limited to:
			(a)	Recent and significant increase in volume of inquiries;
			(b)	Unusual number of recent credit applications;
			(c)	A material change in use of credit; and
			(d)	Accounts closed for cause or abuse.
	(B)	Suspicious documents; red flags.
		(1)	Identification document or card that appears to be forged, altered or inauthentic;
		(2)	Identification document or card on which a person’s photograph or physical description is not consistent with the person presenting the document;
		(3)	Other document with information that is not consistent with existing customer information (such as if a person’s signature on a check appears forged); and
		(4)	Application for service that appears to have been altered or forged.
	(C)	Suspicious personal identifying information; red flags.
		(1)	Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates, lack of correlation between social security number range and date of birth);
		(2)	Identifying information presented that is inconsistent with other sources of information (for instance, Social Security number or an address not matching an address on a credit report);
		(3)	Identifying information presented that is the same as information shown on other applications that were found to be fraudulent;
		(4)	Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address);
		(5)	Social security number presented that is the same as one given by another customer;
		(6)	An address or phone number presented that is the same as that of another person;
		(7)	A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required) or an applicant cannot provide information requested beyond what could commonly be found in a purse or wallet; and
		(8)	A person’s identifying information is not consistent with the information that is on file for the customer.
	(D)	Suspicious account activity or unusual use of account; red flags.
		(1)	Change of address for an account followed by a request to change the account holder’s name;
		(2)	Payments stop on an otherwise consistently up-to-date account;
		(3)	Account used in a way that is not consistent with prior use (example: very high activity);
		(4)	Mail sent to the account holder is repeatedly returned as undeliverable;
		(5)	Notice to the Utility that a customer is not receiving mail sent by the Utility;
		(6)	Notice to the Utility that an account has unauthorized activity;
		(7)	Breach in the Utility’s computer system security; and
		(8)	Unauthorized access to or use of customer account information.
	(E)	Alerts from others; red flag.  Notice to the Utility from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft.
(Ord. 09-07-20, passed 7-20-09)
§ 37.04  DETECTING RED FLAGS.
	(A)	New accounts.  In order to detect any of the red flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account. Detect:
		(1)	Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver’s license or other identification;
		(2)	Verify the customer’s identity (for instance, review a driver’s license or other identification card);
		(3)	Review documentation showing the existence of a business entity;
		(4)	Request additional documentation to establish identity; and
		(5)	Independently contact the customer or business.
	(B)	Existing accounts.  In order to detect any of the red flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account. Detect:
		(1)	Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email);
		(2)	Verify the validity of requests to close accounts or change billing addresses; and
		(3)	Verify changes in banking information given for billing and payment purposes.
(Ord. 09-07-20, passed 7-20-09)
§ 37.05  PREVENTING AND MITIGATING IDENTITY THEFT.
	In the event Utility personnel detect any identified red flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the red flag.
	(A)	Prevent and mitigate.
		(1)	Continue to monitor an account for evidence of identity theft;
		(2)	Contact the customer, sometimes through multiple methods;
		(3)	Change any passwords or other security devices that permit access to accounts;
		(4)	Not open a new account;
		(5)	Close an existing account;
		(6)	Do not close the account, but monitor or contact authorities;
		(7)	Reopen an account with a new number;
		(8)	Notify the Program Administrator for determination of the appropriate step(s) to take;
		(9)	Notify law enforcement; or
		(10)	Determine that no response is warranted under the particular circumstances.
	(B)	Protect customer identifying information.  In order to further prevent the likelihood of identity theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information:
		(1)	Ensure that its website is secure or provide clear notice that the website is not secure;
		(2)	Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information;
		(3)	Ensure that office computers are password protected and that computer screens lock after a set period of time;
		(4)	Change passwords on office computers on a regular basis;
		(5)	Ensure all computers are backed up properly and any backup information is secured;
		(6)	Keep offices clear of papers containing customer information;
		(7)	Request only the last four digits of social security numbers (if any);
		(8)	Ensure computer virus protection is up to date; and
		(9)	Require and keep only the kinds of customer information that are necessary for utility purposes.
(Ord. 09-07-20, passed 7-20-09)
§ 37.06  PROGRAM UPDATES.
	This program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the Utility from identity theft. At least annually, the Program Administrator will consider the Utility’s experiences with identity theft situation, changes in identity theft methods, changes in identity theft detection and prevention methods, changes in types of accounts the Utility maintains and changes in the Utility’s business arrangements with other entities, consult with law enforcement authorities, and consult with other city personnel. After considering these factors, the Program Administrator will determine whether changes to the program, including the listing of red flags, are warranted. If warranted, the Program Administrator will update the program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify or reject those changes to the program.
(Ord. 09-07-20, passed 7-20-09)
§ 37.07  PROGRAM ADMINISTRATION.
	(A)	Oversight.  Responsibility for developing, implementing and updating this program lies with an Identity Theft Committee for the Utility. The Committee is headed by a Program Administrator who may be the head of the Utility or his or her appointee. Two or more other individuals appointed by the head of the Utility or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the program administration, for ensuring appropriate training of Utility staff on the program, for reviewing any staff reports regarding the detection of red flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the program.
	(B)	Staff training and reports.
		(1)	Initially, all Utility staff shall be trained either by or under the direction of the Program Administrator in the detection of red flags, and the responsive steps to be taken when a red flag is detected. Thereafter, all Utility staff shall undergo update training not less than annually. Additionally, all new Utility employees shall undergo training.
		(2)	All Utility staff shall submit reports monthly concerning the Utility’s compliance with the program, the training that has been given and the effectiveness of the policies and procedures in addressing the risk of identity theft, including recommendations for changes to the program. While incidents of identity theft are to be reported immediately to the Program Administrator, the monthly reports shall contain a recap of the incident and include the steps taken to assist with resolution of the incident.
	(C)	Service provider arrangements.  In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, including but not limited to franchise utility providers, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
		(1)	Require, by contract or contract amendment, that service providers have such policies and procedures in place; and
		(2)	Require, by contract or contract amendment, that service providers review the Utility’s program and report any red flags to the Program Administrator.
	(D)	Specific program elements and confidentiality.  For the effectiveness of identity theft prevention programs, the red flag rule envisions a degree of confidentiality regarding the Utility’s specific practices relating to identity theft detection, prevention and mitigation. Therefore, under this program, knowledge of such specific practices are to be limited to the Identity Theft Committee and those employees who need to know them for purposes of preventing identity theft. Because this program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the program’s general red flag detection, implementation and prevention practices are listed in this document.
(Ord. 09-07-20, passed 7-20-09)