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HomeMy WebLinkAboutOrdinance No. 16,568 (Item 7.o.)ORDINANCE NO. 16,568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY ("DPS") TO CONTRACT FOR THE USE OF THE TEXAS CONVICTION REPORTING SYSTEM ("TXCR") FOR THE MUNICIPAL COURT TO REPORT ALL COURT REPORTED CONVICTIONS TO A DRIVER'S RECORD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with the Texas Department of Public Safety ("DPS") to contract for the use of the Texas Conviction Reporting System ("TXCR") for the Municipal Court to report all court reported convictions to a driver's record. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 27th day of August, 2026. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: Scott Lemond, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2026-08-27\Ordinance Authorizing Interlocal Agreement with Texas Department of Public Safety for Texas Conviction Reporting TXCR.vh.docx EXHIBIT "A" TEXAS DEPARTMENT OF PUBLIC SAFETY OF Pw� , E X a T A FREEMAN F MARTIN COLONEL WALT GOODSON JASON C TAYLOR LIEUTENANT COLONELS Dear Court Clerk, 5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001 512-424-2000 www.dps.texas.gov July 6, 2026 STEVEN P MACH. CHAIRMAN NELOA L.BLAIR DAN HORO III LARRY B. LONG STEVEN H. STODGHILL The Texas Department of Public Safety, Driver License Division, is excited to announce the implementation of the web -based site for electronically reporting convictions, which we notified you about last year. The new Texas Conviction Reporting (TXCR) interface eliminates paper processes and the current electronic file submission process. A "real-time" upload feature allows court users the ability to review successful submissions, prevent duplicate entries, and review rejected convictions. Users can correct and resubmit missing information for rejected convictions immediately. Effective January I', 2027, all final convictions sent to the Department for processing must be submitted via TXCR. The submission of final convictions via the portal requires that a TXCR lnterlocal Cooperation Contract be completed and submitted to the Department before using the new TXCR interface. Please complete the enclosed TXCR Interlocal Cooperation Contract (ICC) for review, signature, and return. We have provided an instruction sheet to assist with the completion of the ICC. We look forward to your participation and assistance with providing better service to all Texas courts. If you have any questions, you may contact Kathy Drye at Kathy.Drye@dps texas.gov, or 512-424-2030, or Erica Blanco at Erica.Blanco@dps. texas,gov, or 5 l 2-424-7266. Regards, Manager Enforcement and Compliance Service Driver License Division EOUAL OPPORTUNI rYEMPLOYER COURTESY . SERVICE . PROTECTION Texas Conviction Reporting (TXCR) Interlocal Cooperation Contract (ICC) instructions Contracting Parties and Authorities: The Texas Department of Public Safety Driver's License Division has started the process of transitioning to the new Texas Conviction Reporting (TXCR) user interface for conviction submissions. As we transition from SFTP to TXCR all contracting parties and authorities that have not already submitted a new Interlocal Cooperation Contract (ICC) will be required to do so by December 31, 2026. It is very important that everyone completes the ICC correctly and the Conviction Reporting team is available to address any questions. The ICC is a legal contract between the Contracting Parties/Authorities and the Department of Public Safety; therefore, no editing of the contract is permitted. Please see below for clarification of what needs to be included in the sections: I. The "Contracting Parties and Authority" section includes the name of the court or authority entering into the contract and the city or county in which they reside. II. VI. The "General Terms and Notice" section requires the person who is the point of contact for the court or authority to include their name, address, fax number, email address, and phone number. III. VII. The "Certifications" section must be signed by a person authorized to enter into a contract. The authorized person must sign, include the authorized person's title, and the current date. If additional people are required to sign a contract, a separate sheet must be attached with the same information: the signature, the person's title, and the date. IV. Email the completed contract to: data.submission@dps.texas.gov. V. The point of contact will receive a copy of the signed contract and will then receive instructions on how to access and log in to the TXCR reporting site. If additional information is needed, please email your questions to data.submission@dps.texas.gov. Conviction Reporting (512) 424-2031 INTERLOCAL COOPERATION CONTRACT I. CONTRACTING PARTIES AND AUTHORITY The Department of Public Safety (DPS) and the Municipal Court of Baytown (City or County) are contracting under the authority of Texas Government Code Chapter 791 (the Interlocal Cooperation Act). DPS certifies that it has the authority to contract for the Texas Conviction Reporting (TXCR) application by the authority granted in Tex. Transp. Code Chapter 543, Subchapter C. 11. BACKGROUND AND PURPOSE DPS is legislatively required to apply all court -reported convictions to a driver record within seven days of the final disposition of conviction. Texas courts send more than 180,000 conviction records monthly. To secure personally identifiable information (PII) of drivers who are convicted in Texas courts, DPS developed a secure web -based application for Texas courts to submit electronic convictions onto a Texas driver's record and eliminate mailed or unsecured upload of conviction records. Furthermore, DPS and Federal Motor Carrier Safety Administration's (FMCSA) common goal is to ensure and improve public safety by reducing crashes, injuries, and fatalities involving Commercial Motor Vehicles (CMV). One of the components of this effort is the appropriate and timely reporting of moving violation convictions for Commercial Driver License (CDL) holders and operators of CMVs. For UPS to be successful in its endeavor to bolster the foundation and support the priorities of the CDL program, it must have the proper tools to accomplish these goals. III. STATEMENT OF SERVICES DPS responsibilities are as follows. • Provide access to the TXCR over the internet from a publicly accessible site based on authorized access granted by DPS to Court reporting personnel. • Ensure the TXCR site is secure and meets Criminal Justice Information System (CPS) security requirements as defined by the Federal Bureau of Investigation (FBI). • Allow submission of convictions individually using a web -form that matches the bulk file format for ease of entry. Bulk file format will be provided to Court. • TXCR will validate conviction data prior to inclusion to the driver's record and if data cannot be validated, will reject the submission with an opportunity for Court to correct and resubmit. • Provide historical reports for Court to assist with timely reporting, reducing rejects and ensuring accuracy of conviction reporting. • Provide training to Court, and include training materials and procedures on the TXCR site for 24/7 access by Court. • TXCR Contractor will assist Court users by providing a toll -free telephone number and email, Monday through Friday from 7.00am to 8:00pm, except holidays. Court responsibilities are as follows. OGC Template Approved 12/7/2020 Page 1 of 3 • Do not share the TXCR site information with unauthorized persons. • Have only two authorized court personnel with access to TXCR, unless additional personnel are authorized by DPS based on business need. • Authorized users must use Multi -Factor Authentication (MFA) to access TXCR and will be required to download an application to a cell phone to receive the MFA code before access is granted. • Must use TXCR to upload individual convictions using a web -form or bulk upload of convictions in a pre -defined format approved by DPS. Paper forms will not be accepted. • Must notify DPS immediately upon termination or resignation of an authorized user to allow DPS disable the account and prevent unauthorized use of TXCR. • Submit conviction reports to TXCR within seven days from the date of conviction in compliance with Tex. Transp. Code Chapter 543, Section 543.203. IV. CONTRACT AMOUNT AND BASIS FOR CALCULATING COSTS DPS will provide TXCR to Court at no cost. V. TERM OF CONTRACT AND AMENDMENTS This contract is effective on the date of execution and will not expire except upon written request of either party with 30 calendar days' written notice. This contract may only be amended by mutual written agreement of the parties. Any alterations, additions, or deletions to the terms of the Contract that are required by changes in federal or state law or regulations are automatically incorporated into the contract without written amendment hereto, and shall become effective on the date designated by such law or by regulation. VI. GENERAL TERMS AND NOTICE This Contract is governed by and construed under and in accordance with the laws of the State of Texas. The Court understands and agrees that it will comply with all local, state, and federal laws in the performance of this Contract, including administrative rules adopted by DPS. The respective party will provide any required notice as noted in this section. Either party may change its information by giving the other party written notice and the effective date of the change. Court Department of Public Safety Attn.: Ana Guiilot Enforcement & Compliance Service Attn: Conviction Reporting S80S North Lamar Blvd., Bldg A Austin, Texas 78752-0001 (512) 424-5809 [fax] Data.Submission@dps.texas.gov (512) 424-2031 Address: 3120 North Main Street Address: Baytown, Texas 77521 Fax: 281-425-1017 Email: MunicipalCourt@baytown.org Phone: 281-427-9511 OGC Template Approved 12/7/2020 Page 2 of 3 VII. CERTIFICATIONS The parties certify that (1) the contract is authorized by the governing body of each party; and (2) the purpose, terms, rights, and duties of the parties are stated within the Contract. The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. Court Authorized Signatory 1C��rc. c � �► h� Signature and Title Date: Z��e Department of Public Safety Signature of Driver license Division Chief or Designee Date: *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the Court. Each signature block must contain the person's title and date. OGC Template Approved 12/7/2020 Page 3 of 3