H.B. No. 1111
AN ACT
relating to the child safety zone applicable to registered sex
offenders and to certain other persons who are released on parole or
to mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.187, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b)(1)(B), a requirement
that a releasee not go in, on, or within a distance specified by a
parole panel of certain premises does not apply to a releasee while
the releasee is in or going immediately to or from:
(1) a parole office;
(2) premises at which the releasee is participating in
a program or activity required as a condition of release;
(3) a residential facility in which the releasee is
required to reside as a condition of release;
(4) a private residence in which the releasee is
required to reside as a condition of release; or
(5) any other premises, facility, or location that is:
(A) designed to rehabilitate or reform the
releasee; or
(B) authorized by the division as a premises,
facility, or location where it is reasonable and necessary for the
releasee to be present and at which the releasee has legitimate
business, including a church, synagogue, or other established place
of religious worship, a workplace, a health care facility, or a
location of a funeral.
SECTION 2. Section 508.225, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a)(2), a requirement that
an inmate not go in, on, or within a distance specified by a parole
panel of certain premises does not apply to an inmate while the
inmate is in or going immediately to or from:
(1) a parole office;
(2) premises at which the inmate is participating in a
program or activity required as a condition of release;
(3) a residential facility in which the inmate is
required to reside as a condition of release;
(4) a private residence in which the inmate is
required to reside as a condition of release; or
(5) any other premises, facility, or location that is:
(A) designed to rehabilitate or reform the
inmate; or
(B) authorized by the division as a premises,
facility, or location where it is reasonable and necessary for the
inmate to be present and at which the inmate has legitimate
business, including a church, synagogue, or other established place
of religious worship, a workplace, a health care facility, or a
location of a funeral.
SECTION 3. 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 shall establish procedures for a
registered sex offender to apply for 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 4. Sections 508.187 and 508.225, Government Code,
as amended by this Act, apply to a person on parole or mandatory
supervision on or after the effective date of this Act, regardless
of whether the person was released on parole or to mandatory
supervision before, on, or after that date.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1111 was passed by the House on May 9,
2017, by the following vote: Yeas 144, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1111 on May 26, 2017, by the following vote: Yeas 144, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1111 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor