75R11009 PEP-D                           

         By McClendon                                          H.B. No. 1736

         Substitute the following for H.B. No. 1736:

         By McClendon                                      C.S.H.B. No. 1736

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the release of information regarding a registered sex

 1-3     offender to certain school personnel.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 3(e), Article 6252-13c.1, Revised

 1-6     Statutes, is amended to read as follows:

 1-7           (e)  Not later than the eighth day after receiving a

 1-8     registration form under Subsection (b), (c), or (d) of this

 1-9     section, the local law enforcement authority shall verify the age

1-10     of the victim and the basis on which the person is subject to

1-11     registration under this article.  If the victim is a child younger

1-12     than 17 years of age and the basis on which the person is subject

1-13     to registration is not an adjudication of delinquent conduct or a

1-14     deferred adjudication and is not a conviction for an offense under

1-15     Section 25.02, Penal Code, the authority shall immediately publish

1-16     notice in English and Spanish in at least one newspaper of general

1-17     circulation in the county in which the person subject to

1-18     registration intends to reside.  The authority shall publish a

1-19     duplicate notice in the newspaper, with any necessary corrections,

1-20     during the week immediately following the week of initial

1-21     publication.  If the victim is a child younger than 17 years of

1-22     age, regardless of the basis on which the person is subject to

1-23     registration, the authority shall immediately provide notice to the

1-24     superintendent of public schools of the school district in which

 2-1     the person subject to registration intends to reside by mail to the

 2-2     district office.  On receipt of a notice under this subsection, the

 2-3     superintendent shall release the information contained in the

 2-4     notice to appropriate school district personnel, including peace

 2-5     officers and security personnel, principals, nurses, and

 2-6     counselors.

 2-7           SECTION 2.  Section 4(f), Article 6252-13c.1, Revised

 2-8     Statutes, is amended to read as follows:               

 2-9           (f)  If the person moves to another municipality or county in

2-10     this state, the department shall inform the applicable local law

2-11     enforcement authority in the new area of the person's residence not

2-12     later than the third day after the date on which the department

2-13     receives information under Subsection (a) of this section.  Not

2-14     later than the eighth day after the date on which the local law

2-15     enforcement authority is informed under Subsection (a) of this

2-16     section or under this subsection, the authority shall verify the

2-17     age of the victim and the basis on which the person is subject to

2-18     registration under this article.  If the victim is a child younger

2-19     than 17 years of age and the basis on which the person is subject

2-20     to registration is not an adjudication of delinquent conduct or a

2-21     deferred adjudication and is not a conviction for an offense under

2-22     Section 25.02, Penal Code, the authority shall immediately publish

2-23     notice in English and Spanish in at least one newspaper of general

2-24     circulation in the county in which the person subject to

2-25     registration intends to reside.  The local law enforcement

2-26     authority shall publish a duplicate notice in the newspaper, with

2-27     any necessary corrections, during the week immediately following

 3-1     the week of initial publication.  If the victim is a child younger

 3-2     than 17 years of age, regardless of the basis on which the person

 3-3     is subject to registration, the authority shall immediately provide

 3-4     notice to the superintendent of public schools of the school

 3-5     district in which the person subject to registration intends to

 3-6     reside by mail to the district office.  On receipt of a notice

 3-7     under this subsection, the superintendent shall release the

 3-8     information contained in the notice to appropriate school district

 3-9     personnel, including peace officers and security personnel,

3-10     principals, nurses, and counselors.

3-11           SECTION 3.  This Act takes effect September 1, 1997.

3-12           SECTION 4.  The importance of this legislation and the

3-13     crowded condition of the calendars in both houses create an

3-14     emergency and an imperative public necessity that the

3-15     constitutional rule requiring bills to be read on three several

3-16     days in each house be suspended, and this rule is hereby suspended.