Texas 2025 - 89th Regular

Texas House Bill HB1140 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4007 KRM-D
2	2	By: Oliverson H.B. No. 1140
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting a registered sex offender from residing
10	10	within a certain distance of a public primary or secondary school.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 62.053(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) Before a person who will be subject to registration
15	15	under this chapter is due to be released from a penal institution,
16	16	the Texas Department of Criminal Justice or the Texas Juvenile
17	17	Justice Department shall determine the person's level of risk to
18	18	the community using the sex offender screening tool developed or
19	19	selected under Article 62.007 and assign to the person a numeric
20	20	risk level of one, two, or three. Before releasing the person, an
21	21	official of the penal institution shall:
22	22	(1) inform the person that:
23	23	(A) not later than the later of the seventh day
24	24	after the date on which the person is released or after the date on
25	25	which the person moves from a previous residence to a new residence
26	26	in this state or not later than the first date the applicable local
27	27	law enforcement authority by policy allows the person to register
28	28	or verify registration, the person must register or verify
29	29	registration with the local law enforcement authority in the
30	30	municipality or county in which the person intends to reside;
31	31	(B) not later than the seventh day after the date
32	32	on which the person is released or the date on which the person
33	33	moves from a previous residence to a new residence in this state,
34	34	the person must, if the person has not moved to an intended
35	35	residence, report to the applicable entity or entities as required
36	36	by Article 62.051(h) or (j) or 62.055(e);
37	37	(C) not later than the seventh day before the
38	38	date on which the person moves to a new residence in this state or
39	39	another state, the person must report in person to the local law
40	40	enforcement authority designated as the person's primary
41	41	registration authority by the department and to the juvenile
42	42	probation officer, community supervision and corrections
43	43	department officer, or parole officer supervising the person;
44	44	(D) not later than the 10th day after the date on
45	45	which the person arrives in another state in which the person
46	46	intends to reside, the person must register with the law
47	47	enforcement agency that is identified by the department as the
48	48	agency designated by that state to receive registration
49	49	information, if the other state has a registration requirement for
50	50	sex offenders;
51	51	(E) not later than the 30th day after the date on
52	52	which the person is released, the person must apply to the
53	53	department in person for the issuance of an original or renewal
54	54	driver's license or personal identification certificate and a
55	55	failure to apply to the department as required by this paragraph
56	56	results in the automatic revocation of any driver's license or
57	57	personal identification certificate issued by the department to the
58	58	person;
59	59	(F) the person must notify appropriate entities
60	60	of any change in status as described by Article 62.057;
61	61	(G) certain types of employment are prohibited
62	62	under Article 62.063 for a person with a reportable conviction or
63	63	adjudication for a sexually violent offense involving a victim
64	64	younger than 14 years of age and occurring on or after September 1,
65	65	2013;
66	66	(H) certain locations of residence are
67	67	prohibited:
68	68	(i) under Article 62.064 for a person with a
69	69	reportable conviction or adjudication for an offense occurring on
70	70	or after September 1, 2017, except as otherwise provided by that
71	71	article; and
72	72	(ii) as provided by Article 62.0641; and
73	73	(I) if the person enters the premises of a school
74	74	as described by Article 62.065 and is subject to the requirements of
75	75	that article, the person must immediately notify the administrative
76	76	office of the school of the person's presence and the person's
77	77	registration status under this chapter;
78	78	(2) require the person to sign a written statement
79	79	that the person was informed of the person's duties as described by
80	80	Subdivision (1) or Subsection (g) or, if the person refuses to sign
81	81	the statement, certify that the person was so informed;
82	82	(3) obtain the address or, if applicable, a detailed
83	83	description of each geographical location where the person expects
84	84	to reside on the person's release and other registration
85	85	information, including a photograph and complete set of
86	86	fingerprints; and
87	87	(4) complete the registration form for the person.
88	88	SECTION 2. Article 62.058(g), Code of Criminal Procedure,
89	89	is amended to read as follows:
90	90	(g) A local law enforcement authority that provides to a
91	91	person a registration form for verification as required by this
92	92	chapter shall include with the form a statement describing the
93	93	prohibitions [prohibition] under Articles [Article] 62.064 and
94	94	62.0641.
95	95	SECTION 3. Subchapter B, Chapter 62, Code of Criminal
96	96	Procedure, is amended by adding Article 62.0641 to read as follows:
97	97	Art. 62.0641. PROHIBITED RESIDENCE NEAR PUBLIC PRIMARY OR
98	98	SECONDARY SCHOOL. (a) In this article, "premises" has the meaning
99	99	assigned by Article 62.065.
100	100	(b) A person subject to registration under this chapter
101	101	based on a reportable conviction or adjudication for an offense
102	102	occurring on or after September 1, 2025, may not reside within two
103	103	miles of a public primary or secondary school, as measured in a
104	104	direct line from the boundary of the residence to the boundary of
105	105	the school premises.
106	106	(c) A person subject to registration under this chapter
107	107	based on a reportable conviction or adjudication for an offense
108	108	occurring before September 1, 2025, may not move to a residence that
109	109	is within two miles of a public primary or secondary school, as
110	110	measured in a direct line from the boundary of the residence to the
111	111	boundary of the school premises. A person subject to registration
112	112	under this chapter based on a reportable conviction or adjudication
113	113	for an offense occurring before September 1, 2025, who on September
114	114	1, 2025, resides within two miles of a public primary or secondary
115	115	school, as measured in a direct line from the boundary of the
116	116	residence to the boundary of the school premises, may continue to
117	117	reside in that residence after September 1, 2025.
118	118	SECTION 4. This Act takes effect September 1, 2025.