Texas 2025 - 89th Regular

Texas House Bill HB3418 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R24497~~ RDR-D
	1	+	89R11573 RDR-D
2	2		By: Morales of Maverick H.B. No. 3418
3		-	Substitute the following for H.B. No. 3418:
4		-	By: Smithee C.S.H.B. No. 3418
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to prohibitions on certain employment for sex offenders.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Article 62.053(a), Code of Criminal Procedure,
14	12		is amended to read as follows:
15	13		(a) Before a person who will be subject to registration
16	14		under this chapter is due to be released from a penal institution,
17	15		the Texas Department of Criminal Justice or the Texas Juvenile
18	16		Justice Department shall determine the person's level of risk to
19	17		the community using the sex offender screening tool developed or
20	18		selected under Article 62.007 and assign to the person a numeric
21	19		risk level of one, two, or three. Before releasing the person, an
22	20		official of the penal institution shall:
23	21		(1) inform the person that:
24	22		(A) not later than the later of the seventh day
25	23		after the date on which the person is released or after the date on
26	24		which the person moves from a previous residence to a new residence
27	25		in this state or not later than the first date the applicable local
28	26		law enforcement authority by policy allows the person to register
29	27		or verify registration, the person must register or verify
30	28		registration with the local law enforcement authority in the
31	29		municipality or county in which the person intends to reside;
32	30		(B) not later than the seventh day after the date
33	31		on which the person is released or the date on which the person
34	32		moves from a previous residence to a new residence in this state,
35	33		the person must, if the person has not moved to an intended
36	34		residence, report to the applicable entity or entities as required
37	35		by Article 62.051(h) or (j) or 62.055(e);
38	36		(C) not later than the seventh day before the
39	37		date on which the person moves to a new residence in this state or
40	38		another state, the person must report in person to the local law
41	39		enforcement authority designated as the person's primary
42	40		registration authority by the department and to the juvenile
43	41		probation officer, community supervision and corrections
44	42		department officer, or parole officer supervising the person;
45	43		(D) not later than the 10th day after the date on
46	44		which the person arrives in another state in which the person
47	45		intends to reside, the person must register with the law
48	46		enforcement agency that is identified by the department as the
49	47		agency designated by that state to receive registration
50	48		information, if the other state has a registration requirement for
51	49		sex offenders;
52	50		(E) not later than the 30th day after the date on
53	51		which the person is released, the person must apply to the
54	52		department in person for the issuance of an original or renewal
55	53		driver's license or personal identification certificate and a
56	54		failure to apply to the department as required by this paragraph
57	55		results in the automatic revocation of any driver's license or
58	56		personal identification certificate issued by the department to the
59	57		person;
60	58		(F) the person must notify appropriate entities
61	59		of any change in status as described by Article 62.057;
62	60		(G) certain types of employment are prohibited
63	61		under Article 62.063 [for a person with a reportable conviction or
64	62		adjudication for a sexually violent offense involving a victim
65	63		younger than 14 years of age and occurring on or after September 1,
66	64		2013];
67	65		(H) certain locations of residence are
68	66		prohibited under Article 62.064 for a person with a reportable
69	67		conviction or adjudication for an offense occurring on or after
70	68		September 1, 2017, except as otherwise provided by that article;
71	69		and
72	70		(I) if the person enters the premises of a school
73	71		as described by Article 62.065 and is subject to the requirements of
74	72		that article, the person must immediately notify the administrative
75	73		office of the school of the person's presence and the person's
76	74		registration status under this chapter;
77	75		(2) require the person to sign a written statement
78	76		that the person was informed of the person's duties as described by
79	77		Subdivision (1) or Subsection (g) or, if the person refuses to sign
80	78		the statement, certify that the person was so informed;
81	79		(3) obtain the address or, if applicable, a detailed
82	80		description of each geographical location where the person expects
83	81		to reside on the person's release and other registration
84	82		information, including a photograph and complete set of
85	83		fingerprints; and
86	84		(4) complete the registration form for the person.
87	85		SECTION 2. Article 62.063(a), Code of Criminal Procedure,
88	86		is amended by adding Subdivision (3) to read as follows:
89	87		(3) "Transportation network company" has the meaning
90	88		assigned by Section 2402.001, Occupations Code.
91	89		SECTION 3. Article 62.063, Code of Criminal Procedure, is
92	90		amended by adding Subsection (c) to read as follows:
93	91		(c) A person subject to registration under this chapter may
94	92		not:
95	93		(1) for compensation, provide or offer to provide
96	94		passenger transportation through a prearranged ride for a
97	95		transportation network company; or
98	96		(2) log in as a driver on a transportation network
99	97		company's digital network.
100		-	SECTION 4. The change in law made by this Act in amending
	98	+	SECTION 4. Sections 2402.107(a) and (b), Occupations Code,
	99	+	are amended to read as follows:
	100	+	(a) Before permitting an individual to log in as a driver on
	101	+	the company's digital network, a transportation network company
	102	+	must:
	103	+	(1) confirm that the individual:
	104	+	(A) is at least 18 years of age;
	105	+	(B) maintains a valid driver's license issued by
	106	+	this state, another state, or the District of Columbia; [and]
	107	+	(C) possesses proof of registration and
	108	+	automobile financial responsibility for each motor vehicle to be
	109	+	used to provide digitally prearranged rides; and
	110	+	(D) is not an individual who is subject to the
	111	+	registration requirements of Chapter 62, Code of Criminal
	112	+	Procedure;
	113	+	(2) conduct, or cause to be conducted, a local, state,
	114	+	and national criminal background check for the individual that
	115	+	includes the use of:
	116	+	(A) a commercial multistate and
	117	+	multijurisdiction criminal records locator or other similar
	118	+	commercial nationwide database; [and]
	119	+	(B) the national sex offender public website
	120	+	maintained by the United States Department of Justice or a
	121	+	successor agency; and
	122	+	(C) the Internet website maintained by the
	123	+	Department of Public Safety that contains the sex offender
	124	+	database; and
	125	+	(3) obtain and review the individual's driving record.
	126	+	(b) A transportation network company may not permit an
	127	+	individual to log in as a driver on the company's digital network if
	128	+	the individual:
	129	+	(1) has been convicted in the three-year period
	130	+	preceding the issue date of the driving record obtained under
	131	+	Subsection (a)(3) of:
	132	+	(A) more than three offenses classified by the
	133	+	Department of Public Safety as moving violations; or
	134	+	(B) one or more of the following offenses:
	135	+	(i) fleeing or attempting to elude a police
	136	+	officer under Section 545.421, Transportation Code;
	137	+	(ii) reckless driving under Section
	138	+	545.401, Transportation Code;
	139	+	(iii) driving without a valid driver's
	140	+	license under Section 521.025, Transportation Code; or
	141	+	(iv) driving with an invalid driver's
	142	+	license under Section 521.457, Transportation Code;
	143	+	(2) has been convicted in the preceding seven-year
	144	+	period of any of the following:
	145	+	(A) driving while intoxicated under Section
	146	+	49.04 or 49.045, Penal Code;
	147	+	(B) use of a motor vehicle to commit a felony;
	148	+	(C) a felony crime involving property damage;
	149	+	(D) fraud;
	150	+	(E) theft;
	151	+	(F) an act of violence; or
	152	+	(G) an act of terrorism; [or]
	153	+	(3) is found to be registered in the national sex
	154	+	offender public website maintained by the United States Department
	155	+	of Justice or a successor agency; or
	156	+	(4) is an individual who is subject to the
	157	+	registration requirements of Chapter 62, Code of Criminal
	158	+	Procedure, according to the Internet website maintained by the
	159	+	Department of Public Safety that contains the sex offender
	160	+	database.
	161	+	SECTION 5. The change in law made by this Act in amending
101	162		Chapter 62, Code of Criminal Procedure, applies to a person who is
102	163		required to register under Chapter 62, Code of Criminal Procedure,
103	164		on or after the effective date of this Act, regardless of whether
104	165		the offense or conduct for which the person is required to register
105	166		occurs before, on, or after the effective date of this Act.
106		-	SECTION 5. This Act takes effect September 1, 2025.
	167	+	SECTION 6. This Act takes effect September 1, 2025.