HBA-NLM H.B. 138 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 138
By: McClendon
Public Safety
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

Texas law requires a sex offender convicted after September 1, 1995, to
register with local law enforcement authorities within seven days of moving
into a new neighborhood. Local law enforcement agencies are required to
publish certain information in a newspaper of general circulation,
including  a brief description of  the offense for which the sex offender
is subject to registration. Also, the local law enforcement authority must
provide notice to the superintendent of schools in the district in which
the sex offender intends to reside.  However, current law does not require
any further action to be taken once the information is received by the
superintendent.  H.B. 138 requires the superintendent to release the
information contained in the  notice provided by the authority to
appropriate school district personnel, including peace officers, security
personnel, principals, nurses, and counselors. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 62.03 (e), Code of Criminal Procedure, to
require the superintendent to release the information contained in the
notice provided by the  authority  to appropriate school district
personnel, including peace officers, security personnel, principals,
nurses, and counselors. This provision pertains to the  required
notification by the local law enforcement authority regarding a person who
is subject to registration as a sex offender under this chapter and whose
victim is a child younger than 17 years of age. 


SECTION 2.  Amends Article 62.04 (f), Code of Criminal Procedure,  to
require the superintendent to release the information contained in the
notice provided by the  authority  to appropriate school district
personnel, including peace officers, security personnel, principals,
nurses, and counselors. This provision pertains to the required
notification by the local law enforcement authority regarding a person who
is subject to registration as a sex offender under this chapter and  moves
to another municipality or county in this state, and whose victim is a
child younger than 17 years of age. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.