89R11573 RDR-D
By: Morales of Maverick H.B. No. 3418
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on certain employment for sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department shall determine the person's level of risk to
the community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the first date the applicable local
law enforcement authority by policy allows the person to register
or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
by Article 62.051(h) or (j) or 62.055(e);
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a
failure to apply to the department as required by this paragraph
results in the automatic revocation of any driver's license or
personal identification certificate issued by the department to the
person;
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057;
(G) certain types of employment are prohibited
under Article 62.063 [for a person with a reportable conviction or
adjudication for a sexually violent offense involving a victim
younger than 14 years of age and occurring on or after September 1,
2013];
(H) certain locations of residence are
prohibited under Article 62.064 for a person with a reportable
conviction or adjudication for an offense occurring on or after
September 1, 2017, except as otherwise provided by that article;
and
(I) if the person enters the premises of a school
as described by Article 62.065 and is subject to the requirements of
that article, the person must immediately notify the administrative
office of the school of the person's presence and the person's
registration status under this chapter;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address or, if applicable, a detailed
description of each geographical location where the person expects
to reside on the person's release and other registration
information, including a photograph and complete set of
fingerprints; and
(4) complete the registration form for the person.
SECTION 2. Article 62.063(a), Code of Criminal Procedure,
is amended by adding Subdivision (3) to read as follows:
(3) "Transportation network company" has the meaning
assigned by Section 2402.001, Occupations Code.
SECTION 3. Article 62.063, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) A person subject to registration under this chapter may
not:
(1) for compensation, provide or offer to provide
passenger transportation through a prearranged ride for a
transportation network company; or
(2) log in as a driver on a transportation network
company's digital network.
SECTION 4. Sections 2402.107(a) and (b), Occupations Code,
are amended to read as follows:
(a) Before permitting an individual to log in as a driver on
the company's digital network, a transportation network company
must:
(1) confirm that the individual:
(A) is at least 18 years of age;
(B) maintains a valid driver's license issued by
this state, another state, or the District of Columbia; [and]
(C) possesses proof of registration and
automobile financial responsibility for each motor vehicle to be
used to provide digitally prearranged rides; and
(D) is not an individual who is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure;
(2) conduct, or cause to be conducted, a local, state,
and national criminal background check for the individual that
includes the use of:
(A) a commercial multistate and
multijurisdiction criminal records locator or other similar
commercial nationwide database; [and]
(B) the national sex offender public website
maintained by the United States Department of Justice or a
successor agency; and
(C) the Internet website maintained by the
Department of Public Safety that contains the sex offender
database; and
(3) obtain and review the individual's driving record.
(b) A transportation network company may not permit an
individual to log in as a driver on the company's digital network if
the individual:
(1) has been convicted in the three-year period
preceding the issue date of the driving record obtained under
Subsection (a)(3) of:
(A) more than three offenses classified by the
Department of Public Safety as moving violations; or
(B) one or more of the following offenses:
(i) fleeing or attempting to elude a police
officer under Section 545.421, Transportation Code;
(ii) reckless driving under Section
545.401, Transportation Code;
(iii) driving without a valid driver's
license under Section 521.025, Transportation Code; or
(iv) driving with an invalid driver's
license under Section 521.457, Transportation Code;
(2) has been convicted in the preceding seven-year
period of any of the following:
(A) driving while intoxicated under Section
49.04 or 49.045, Penal Code;
(B) use of a motor vehicle to commit a felony;
(C) a felony crime involving property damage;
(D) fraud;
(E) theft;
(F) an act of violence; or
(G) an act of terrorism; [or]
(3) is found to be registered in the national sex
offender public website maintained by the United States Department
of Justice or a successor agency; or
(4) is an individual who is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure, according to the Internet website maintained by the
Department of Public Safety that contains the sex offender
database.
SECTION 5. The change in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, applies to a person who is
required to register under Chapter 62, Code of Criminal Procedure,
on or after the effective date of this Act, regardless of whether
the offense or conduct for which the person is required to register
occurs before, on, or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.