Bill Text: TX HB848 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the authority of general-law municipalities to restrict sex offenders from child safety zones in the municipality.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-02-21 - Referred to Urban Affairs [HB848 Detail]
Download: Texas-2017-HB848-Introduced.html
| 85R1234 NC-D | ||
| By: Schubert | H.B. No. 848 | |
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| relating to the authority of general-law municipalities to restrict | ||
| sex offenders from child safety zones in the municipality. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 341, Local Government | ||
| Code, is amended by adding Section 341.906 to read as follows: | ||
| Sec. 341.906. LIMITATIONS ON REGISTERED SEX OFFENDERS IN | ||
| GENERAL-LAW MUNICIPALITIES. (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 governing body of | ||
| a general-law municipality by ordinance may restrict a registered | ||
| sex offender from going in, on, or within a specified distance of a | ||
| child safety zone in the municipality. | ||
| (c) It is an affirmative defense to prosecution of an | ||
| offense under the ordinance 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 ordinance may establish a distance requirement | ||
| described by Subsection (b) at any distance of not more than 1,000 | ||
| feet. | ||
| (e) The ordinance may establish procedures for a registered | ||
| sex offender to apply for and receive an exemption from the | ||
| ordinance. | ||
| (f) The ordinance 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 ordinance 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, 2017. | ||
