87R695 MP-D
By: Hefner H.B. No. 1862
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to restrict sex offenders from
child safety zones in the unincorporated area of the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 351, Local Government
Code, is amended by adding Section 351.905 to read as follows:
Sec. 351.905. LIMITATIONS ON REGISTERED SEX OFFENDERS IN
UNINCORPORATED AREA OF COUNTY. (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 commissioners
court of a county by order may restrict a registered sex offender
from going in, on, or within a specified distance of a child safety
zone in the unincorporated area of the county.
(c) It is an affirmative defense to prosecution of an
offense under the order 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 order may establish a distance requirement
described by Subsection (b) at any distance of not more than 1,000
feet.
(e) The order must establish procedures for a registered sex
offender to apply for an exemption from the order.
(f) The order 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 order 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, 2021.