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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to restrict sex offenders from |
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child safety zones in the unincorporated area of the county; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 351, Local Government |
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Code, is amended by adding Section 351.905 to read as follows: |
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Sec. 351.905. LIMITATIONS ON REGISTERED SEX OFFENDERS IN |
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UNINCORPORATED AREA OF COUNTY. (a) In this section: |
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(1) "Child safety zone" means premises where children |
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commonly gather. The term includes a school, day-care facility, |
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playground, public or private youth center, public swimming pool, |
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video arcade facility, or other facility that regularly holds |
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events primarily for children. The term does not include a church, |
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as defined by Section 544.251, Insurance Code. |
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(2) "Playground," "premises," "school," "video arcade |
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facility," and "youth center" have the meanings assigned by Section |
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481.134, Health and Safety Code. |
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(3) "Registered sex offender" means an individual who |
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is subject to the registration requirements of Chapter 62, Code of |
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Criminal Procedure. |
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(b) To provide for the public safety, the commissioners |
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court of a county by order may restrict a registered sex offender |
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from going in, on, or within a specified distance of a child safety |
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zone in the unincorporated area of the county. |
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(c) It is an affirmative defense to prosecution of an |
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offense under the order that the registered sex offender was in, on, |
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or within a specified distance of a child safety zone for a |
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legitimate purpose, including transportation of a child that the |
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registered sex offender is legally permitted to be with, |
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transportation to and from work, and other work-related purposes. |
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(d) The order may establish a distance requirement |
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described by Subsection (b) at any distance of not more than 1,000 |
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feet. |
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(e) The order must establish procedures for a registered sex |
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offender to apply for an exemption from the order. |
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(f) The order must exempt a registered sex offender who |
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established residency in a residence located within the specified |
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distance of a child safety zone before the date the order is |
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adopted. The exemption must apply only to: |
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(1) areas necessary for the registered sex offender to |
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have access to and to live in the residence; and |
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(2) the period the registered sex offender maintains |
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residency in the residence. |
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(g) A person commits an offense if the person violates an |
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order adopted under this section and the order defines the |
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violation as an offense. An offense under this subsection is a |
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Class C misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2023. |