86R8342 AAF-D
By: Bucy H.B. No. 1433
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipal utility district to
restrict sex offenders from child safety zones in the district;
creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 54, Water Code, is amended
by adding Section 54.244 to read as follows:
Sec. 54.244. LIMITATIONS ON REGISTERED SEX OFFENDERS IN
DISTRICT. (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 board of a
district by rule may restrict a registered sex offender from going
in, on, or within a specified distance of a child safety zone in the
district.
(c) A person who violates a rule adopted by a district under
this section commits an offense. An offense under this subsection
is a Class C misdemeanor.
(d) It is an affirmative defense to prosecution of an
offense under the rule 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.
(e) The rule may establish a distance requirement described
by Subsection (b) at any distance of not more than 1,000 feet.
(f) The rule must establish procedures for a registered sex
offender to apply for an exemption from the rule.
(g) The rule 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 rule 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.
(h) A district that adopts a rule under this section shall
install signs indicating the child safety zone. The signs must be
installed at regular intervals at the distance specified under
Subsection (e).
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, 2019.