Cause E316304

STATE OF TEXAS IN THE MUNICIPAL COURT

VS CITY OF SELMA
MICHAEL THOMAS PAUL GUADALUPE COUNTY TEXAS

AFFIDAVIT

OCCUPATIONS CODE
1. TITLE 11. REGULATION OF SALES AND SOLICITATION
CHAPTER 1803. SOLICITATION FOR PUBLIC SAFETY ORGANIZATIONS
SUB-CHAPTER A. GENERAL PROVISIONS

Sec. 1803.001. DEFINITIONS. In this chapter:

(1) "Law enforcement personnel" means commissioned peace officers who are employees of
government law enforcement agencies.

(2) "Public safety entity" means a public safety promoter or public safety organization.

(3) "Public safety organization" means a nongovernmental organization that, in a manner

that reasonably implies that the organization is composed of law enforcement or public
safety personnel or that a contribution, purchase, or membership will benefit public safety
personnel, uses the term "officer," "peace officer," "police officer," “Police," "law
enforcement," "reserve officer," "deputy," "deputy sheriff," "constable," "deputy constable,"
"fireman," "firefighter," "volunteer fireman," "emergency medical service provider,"
"civilian employee," or any other term:
(A) in its name;
(B) in a publication of the organization; or
(C) in a solicitation for:
(i) contributions to the organization;
(ii) membership in the organization;
(iii) the purchase of advertising in a publication of
the organization; or
(iv) the purchase of products or tickets to an event sponsored by or for the
benefit of the organization by a solicitor.
(4) "Public safety personnel" means employees or volunteers of a public safety organization,
including:
(A) firefighters;
(B) emergency medical service providers; or
(C) civilian employees of a public safety organization.

(5) "Public safety promoter" means a person who:

(A) is not affiliated with a public safety organization; and
(B) in the name of public safety or in a name associated with public safety
makes a request for a donation or the sale of tickets or advertising.

(6) "Public safety publication" means a nongovernmental publication with a name that includes
the term "officer," "peace officer," "police officer," "police," "law enforcement," "reserve
 officer," "deputy," "deputy sheriff," "constable," "deputy constable," "fireman,"
"firefighter," "volunteer fireman," "emergency medical service provider," "civilian
employee," or any other term in a manner that reasonably implies that the publication is
published by a public safety organization or benefits public safety.

(7) "Public safety solicitor" means a person who:

(A) contracts for or receives money for providing solicitation services for a
public safety entity or public safety Publication; and
(B) solicits:
(i) contributions in person, by telephone, by electronic media, or by mail;
(ii) membership in a public safety organization from an individual not
employed by a public safety agency of the United States, this state, or
a political subdivision of this state; or
(iii) the purchase of:
(a) advertising; or
(b) goods, services, or tickets to an event sponsored by or for the benefit of a
public safety organization or for the cause of public safety.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1803.002. EFFECT ON MUNICIPAL ORDINANCE. This chapter preempts any municipal
ordinance applicable to public safety entities, public safety publications, public safety solicitors, or
solicitations related to a person registered under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1803.htm

DEFENSE FOR SOLICITING WITHOUT A PERMIT IN THE CITY OF SELMA TEXAS AS CITED
UNDER THE CITY’S SOLICITING ORDINANCE.

THE PROSECUTION HAS ALLEGED THAT THE DEFENDANT IS GUILTY FOR SOLICITING
IN THE CITY LIMITS OF SELMA WITHOUT HAVING A CITY PERMIT EVEN THOUGH HE IS
THE HOLDER OF A STATE PERMIT IN THE NAME OF “COMMUNITY EMERGENCY
RESPONSE TEAM GARDEN RIDGE / NATURAL BRIDGE, UNA., AKA CERT” ISSUED UNDER
THE TEXAS OCCUPATIONS STATUTE CHAPTER 1803.

IT IS THE ASSERTION OF THE PROSECUTION THAT THE PERMIT ONLY APPLIES TO THE
ENTITY AND NOT THE INDIVIDUAL THEREFOR THE DEFENDANT HAS TO REGISTER
WITH THE STATE SEPARATELY IN HIS INDIVIDUAL NAME.

WHILE THE SPECIAL JUDGE APPOINTED WILL NOT MAKE A RULING BASED ON
THE LAW AS WRITTEN AND HAS DECIDED TO MAKE THE DEFENSE PROVE THEIR
INNOCENCE TO A JURY, IT IS THE DEFENSES CONTENTION THAT THY ARE NOT BOUND
TO PROVE THEIR INNOCENCE BUT IT IS THE REQUIREMENT OF THE PROSECUTION TO
PROVE THE GUILT OF THE DEFENDANT.

WHAT ARE THE FACTS?

1. Defendant Filed the CERT Association June 1, 2017 Comal County Texas.
 2. The CERT Association was registered with the Texas Secretary of State May 3, 2017

3. Defendant was cited then arrested and booked into Guadalupe county jail August, 2017.

It is the prosecution’s position the defendant who is the CEO, President, and Founding Member
of the CERT Association must register himself separately with the state, all we must do is look to the
law as it was written. No where in the law does it state the Entity being registered does not include it’s
officers. Nor does the law read that the Officers that will solicit must register individually. Having had
to name the Officers who will be soliciting on the State’s Application the Defendant’s name was the
only name registered on it.

Therefore to meet the burden of proof that the defendant was not registered with the secretary of
state the prosecution fails. Our state legislators are quite diligent in how they word the laws that are
enacted. Many drafts and redrafts are completed before the final bill is voted and passed then signed
by the Governor. As such no one can interpret the law into something that’s not there.

Sec.1802.002 clearly states ALL Ordinances are preempted with relation to a public safety
entity and the definitions of entity include public safety organization. Defendant being a volunteer and
member of the organization is to be considered in the eyes of the law as the entity in FACT.

This is not a mere opinion of the defense. This is actual fact of the enacted law and does not
require a trial to determine guilt or innocence when there is no basis to find guilt.

Upon presentment of this document to the Prosecution it is their duty to dismiss the three
charges against the defendant immediately and to do so with prejudice.

It is also the hope of the defendant that the prosecution would verbally ask for the defendant to
be financially reimbursed to the City Police Department for the $178 paid to recover his property after
his illegal arrest thus saving the attorney and court costs that would be incurred from filing in district
court for the financial recovery.

I make this affidavit based on the facts as I know them to be and do so under penalty of perjury
dated this day the 13th of January 2018.

Michael Thomas Paul

Attorney in Fact Propia Persona, Affiant