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Home My WebLink AboutPR 24796 COOPERATIVE AGREEMENT WITH TX DPT OF PUBLIC SAFETY City of nrt rthur 7C 1r!i www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 11, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager, CPM From: Timothy W. Duriso, Chief of Police RE: PR 24796— Cooperative Agreement with Texas Department of Public Safety (TXGANG) Introduction: The intent of this Agenda Item is to seek the City Council's approval to authorize the City Manager to execute a Cooperative Agreement between the City of Port Arthur and the Texas Department of Public Safety (DPS) for utilization and maintenance of the Texas Gang Intelligence Index (TXGANG). Background: Criminal street gang activity continues to present public safety concerns within Port Arthur and surrounding jurisdictions. Effective investigation and prosecution of gang-related offenses require coordinated intelligence-sharing among law enforcement agencies. DPS maintains TXGANG as a statewide intelligence database designed to assist law enforcement agencies in identifying, documenting, and tracking criminal street gang members and related criminal activity. Access to TXGANG is governed by state law and DPS policy, and participation requires a formal cooperative agreement between DPS and the local law enforcement agency. The proposed agreement authorizes designated Port Arthur Police Department personnel to access and maintain records within TXGANG in compliance with statutory requirements, including documentation standards, validation procedures, data retention rules, and audit oversight. Budget Impact: There is no direct financial obligation associated with the agreement. Administrative responsibilities will be absorbed within existing departmental staffing and budgeted resources. Recommendation: The Police Department recommends approval of the resolution authorizing the City Manager to execute the cooperative agreement with DPS for access to and maintenance of TXGANG. The agreement advances public safety objectives, carries no direct fiscal impact, and formalizes compliance with state law governing gang intelligence systems. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 24796 2/11/2026,jlh- tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE TEXAS DEPARTMENT OF PUBLIC SAFETY (DPS) FOR THE UTILIZATION AND MAINTENANCE OF THE TEXAS GANG INTELLIGENCE INDEX (TXGANG). WHEREAS, criminal street gang activity continues to pose a threat to the safety, security, and general welfare of the citizens of Port Arthur and surrounding communities; and WHEREAS, criminal street gangs and related organized criminal activity have a substantial and detrimental effect on the public health, safety, and welfare of the people of the State of Texas; and WHEREAS, the Texas Department of Public Safety maintains the Texas Gang Intelligence Index (TXGANG), a statewide intelligence database established to assist law enforcement agencies in identifying, documenting, investigating, and monitoring criminal street gang members and related criminal activity in accordance with applicable law; and WHEREAS,Texas law authorizes the Texas Department of Public Safety to enter into cooperative agreements with local law enforcement agencies for the purpose of facilitating access to and participation in TXGANG to support the investigation, prosecution, and prevention of criminal offenses relating to criminal street gangs; and WHEREAS,the City of Port Arthur, acting through its Police Department, desires to enter into a cooperative agreement with the Texas Department of Public Safety to permit authorized personnel to access and maintain information within TXGANG, subject to statutory requirements and Department of Public Safety policies and procedures, as attached as Exhibit"A"; and WHEREAS, there is no direct fiscal impact associated with the execution of the cooperative agreement,and any administrative responsibilities will be carried out utilizing existing departmental resources. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. The City Council hereby authorizes the City Manager to execute a Cooperative Agreement between the City of Port Arthur and the Texas Department of Public Safety for the utilization and maintenance of the Texas Gang Intelligence Index(TXGANG),in substantially the form attached hereto as Exhibit"A. Section 3. That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council. P.R. No. 24796 2/11/2026 jlh READ, ADOPTED AND APPROVED on this day of March, A.D. , 2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers : , NOES: . Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: Roxann rais uotr neo City Attorney APPROVED ADMINISTRATION: 4Aii el4r Ronald B rjCPM City Ma ri - - EI -,2.-/q26efftid14 111 Timot W. Puri o Chief of Police P.R. No. 24796 2/11/2026 jlh EXHIBIT "A" TEXAS GANG INTELLIGENCE INDEX (TxGang) USER AGREEMENT This agreement is made and entered into between the Texas Department of Public Safety (DPS), which is responsible for the maintenance of theTexas Gang Intelligence Index(TxGang), and the hereinafter referred to as the Participating Agency. DPS has established and maintains a statewide gang intelligence index.TxGang,for the purpose of facilitating the investigation, prosecution, and/or punishment of criminal offenses relating to a criminal street gang. The Participating Agency entering into this User Agreement has read and fully understands the responsibilities of being a participating agency in TXGANG. DPS reserves the right to suspend or terminate the use of TXGANG by any Participating Agency for any breach of the User Agreement. The Participating Agency agrees to: • Comply with the Department ofJustice Criminal Intelligence Systems Operating Policies 28Code of Federal Regulations Part 23, Chapter 67 of theTexas Code of Criminal Procedure and the TxGang Operating Policies and Procedures in regards to, but not limited to,submission,query, dissemination, and retention of records,training, and terminal and data security. • Establish a written policy applicable to the participating agency on TxGang issues such as, record submission, removal,quality control,validation,dissemination and system security. • Refrain from using information obtained from TxGang to populate another intelligence or searchable database. • Ensure that all users that are provided access within the agency are authorized users, properly trained, and using appropriate electronic transmission. • Maintain a list of all authorized users and provide the list to the Administrator of TxGang. • Maintain supporting documentation on submissions for as long as the record remains in TxGang. • Be responsible for the quality of the information submitted and for modifying or deleting a record if necessary. • Notify DPS immediately and execute a new User agreement upon a change in the chief executive officer or head of the Participating Agency. • Participating Agency acknowledges and agrees that all submissions of criminal intelligence information on individuals and organizations submitted to TxGang are the property and responsibility of the submitting agency, not DPS. • Participating agency acknowledges it has a duty to adhere to, 28 CFR Part 23 and Chapter 67 of the Code of Criminal Procedure requirements including proper ID criteria for a gang member, proper criminal predicate for the gang, lawful acquisition of the information being submitted,effective control of dissemination only on a right and need to know basis and maintaining proper records for each dissemination. *Contact TCIC.Operations@dps.texas.gov,if you have any questions. Revised 08/2025 Page 1 of 2 TO THE EXTENT AUTHORIZED BY LAW,PARTICIPATING AGENCY SHALL INDEMNIFY TO THE EXTENT AUTHORIZED BY LAW,THE PARTICIPATING AGENCY SHALL INDEMNIFY AND DEFEND DPS FROM ALL DAMAGES ARISING OUT OF THE PARTICIPATING AGENCY'S PERFORMANCE UNDER THIS AND DEFEND DPS FROM ALL DAMAGES ARISING OUT OF PARTICIPATING AGENCY'S AGREEMENT CAUSED BY: (I)ANY NEGLIGENT ACT OR OMISSION OR (2)WILLFUL MISCONDUCT OF THE PARTICIPATING AGENCY, IT'S EMPLOYEES OR ANYONE FOR WHOSE ACTS THE PARTICIPATING AGENCY MAY BE LIABLE. This agreement may be terminated by either the agency head or DPS at any time after providing 30 days written notice to the other party.Any changes to this agreement must be in writing and be mutually agreed u son by all parties. • This TxGang User agreement will become effective on .(Date to be completed by DPS). IN WITNESS WHEREOF,the parties hereto caused this TxGang User Agreement to be executed by the proper officers and officials. Please let us know who will be your agency's administrator(s)for TxGang.The role of the agency administrator is to approve new users, reset passwords and to remove employees that no longer require access to TxGang.We are aware that some agencies work 24 hours a day seven days a week;therefore,agencies are allowed to have more than one agency administrator to handle requests outside of normal business hours. Agency Administrator: Agency Administrator: *The TxGang administrators listed here wil be updated in TxGang by TCIC Operations.All additional admins and users will be updated by these assigned admins. c.5* Agency Head or Designee: Agency ORI: *„ Texas Department of Public Safety: Senior Director,CRD All New Users: New users will go the following site, https://txgang.dps.texas.gov/and apply online. • Click on "Click here to request access online" • Enter all required fields • Select the"REQUEST ACCESS" button in the bottom left hand corner on the page When you receive confirmation that your account has been created,continue with the set-up process and begin using TxGang. CFR 28 training is required every 2 years: Go to the training site: https://28cfr.ncirc.gov/Login • If you don't already have an account,request a Preauthorization Code from TCIC.Operations@dps.texas.gov • If you already have an account, use the EXISTING USER tab o Enter your email and password When your training is complete,each user will upload the certificate to the TxGang website.Your Agency Admin will then be notified and approve your training. Revised 08/2025 Page 2 of 2