84R26901 NC-D
By: Murphy, Spitzer, Springer, Simmons H.B. No. 1872
Substitute the following for H.B. No. 1872:
By: Elkins C.S.H.B. No. 1872
A BILL TO BE ENTITLED
AN ACT
relating to the authority of general-law municipalities to restrict
sex offenders from child safety zones in the municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 341, Local Government
Code, is amended by adding Section 341.906 to read as follows:
Sec. 341.906. LIMITATIONS ON REGISTERED SEX OFFENDERS IN
GENERAL-LAW MUNICIPALITIES. (a) In this section:
(1) "Child safety zone" means premises where children
commonly gather. The term includes a school, day-care facility,
playground, public or private youth center, public swimming pool,
video arcade facility, or other facility that regularly holds
events primarily for children. The term does not include a church,
as defined by Section 544.251, Insurance Code.
(2) "Playground," "premises," "school," "video arcade
facility," and "youth center" have the meanings assigned by Section
481.134, Health and Safety Code.
(3) "Registered sex offender" means an individual who
is required to register as a sex offender under Chapter 62, Code of
Criminal Procedure.
(b) To provide for the public safety, the governing body of
a general-law municipality by ordinance may restrict a registered
sex offender from going in, on, or within a specified distance of a
child safety zone in the municipality.
(c) It is an affirmative defense to prosecution of an
offense under the ordinance that the registered sex offender was
in, on, or within a specified distance of a child safety zone for a
legitimate purpose, including transportation of a child that the
registered sex offender is legally permitted to be with,
transportation to and from work, and other work-related purposes.
(d) The ordinance may establish a distance requirement
described by Subsection (b) at any distance of not more than 1,000
feet.
(e) The ordinance may establish procedures for a registered
sex offender to apply for and receive an exemption from the
ordinance.
(f) The ordinance must exempt a registered sex offender who
established residency in a residence located within the specified
distance of a child safety zone before the date the ordinance is
adopted. The exemption must apply only to:
(1) areas necessary for the registered sex offender to
have access to and to live in the residence; and
(2) the period the registered sex offender maintains
residency in the residence.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.