Bill Text: TX SB441 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of a county to restrict sex offenders from child safety zones in the unincorporated area of the county.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to Criminal Justice [SB441 Detail]
Download: Texas-2021-SB441-Introduced.html
| 87R695 MP-D | ||
| By: Hughes | S.B. No. 441 | |
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| relating to the authority of a county to restrict sex offenders from | ||
| child safety zones in the unincorporated area of the county. | ||
| 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 COUNTY. (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 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 in the unincorporated area of the county. | ||
| (c) 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. | ||
| (d) The order may establish a distance requirement | ||
| described by Subsection (b) at any distance of not more than 1,000 | ||
| feet. | ||
| (e) The order must establish procedures for a registered sex | ||
| offender to apply for an exemption from the order. | ||
| (f) 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. | ||
| 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, 2021. | ||
