Bill Text: TX HB1409 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of certain counties to restrict sex offenders from child safety zones in certain portions of the unincorporated area of the county; creating a criminal offense.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB1409 Detail]
Download: Texas-2023-HB1409-Introduced.html
| 88R7056 MP-D | ||
| By: Orr | H.B. No. 1409 | |
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| relating to the authority of certain counties to restrict sex | ||
| offenders from child safety zones in certain portions of the | ||
| unincorporated area of the county; creating a criminal offense. | ||
| 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 CERTAIN COUNTIES. (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 subject to the registration requirements of Chapter 62, Code of | ||
| Criminal Procedure. | ||
| (b) This section applies only to a county with a population | ||
| of 300,000 or less. | ||
| (c) 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 located: | ||
| (1) in a school district with 500 or fewer students in | ||
| enrollment; and | ||
| (2) in the unincorporated area of the county. | ||
| (d) 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. | ||
| (e) The order may establish a distance requirement | ||
| described by Subsection (c) at any distance of not more than 1,000 | ||
| feet. | ||
| (f) The order must establish procedures for a registered sex | ||
| offender to apply for an exemption from the order. | ||
| (g) 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. | ||
| (h) A person commits an offense if the person violates an | ||
| order adopted under this section. An offense under this subsection | ||
| is a Class C misdemeanor. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
