By McClendon                                           H.B. No. 137
         76R66 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to providing public notice on release of a sex offender
 1-3     into the community.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 62.03(f), Code of Criminal Procedure, as
 1-6     added by Chapter 668, Acts of the 75th Legislature, Regular
 1-7     Session, 1997, is amended to read as follows:
 1-8           (f)  The local law enforcement authority shall include in the
 1-9     notice by publication in a newspaper the following information
1-10     only:
1-11                 (1)  the person's full name, age, and gender;
1-12                 (2)  a brief description of the offense for which the
1-13     person is subject to registration; [and]
1-14                 (3)  the municipality, numeric street address or
1-15     physical address, if a numeric street address is not available
1-16     [name], and zip code number where the person intends to reside; and
1-17                 (4)  a recent photograph of the person.
1-18           SECTION 2.  Article 62.04(g), Code of Criminal Procedure, as
1-19     added by Chapter 668, Acts of the 75th Legislature, Regular
1-20     Session, 1997, is amended to read as follows:
1-21           (g)  The local law enforcement authority shall include in the
1-22     notice by publication in a newspaper the following information
1-23     only:
1-24                 (1)  the person's full name, age, and gender;
 2-1                 (2)  a brief description of the offense for which the
 2-2     person is subject to registration; [and]
 2-3                 (3)  the municipality, numeric street address or
 2-4     physical address, if a numeric street address is not available
 2-5     [name], and zip code number where the person intends to reside; and
 2-6                 (4)  a recent photograph of the person.
 2-7           SECTION 3.  Article 62.08(b), Code of Criminal Procedure, as
 2-8     added by Chapter 668, Acts of the 75th Legislature, Regular
 2-9     Session, 1997, is amended to read as follows:
2-10           (b)  The information contained in the database is public
2-11     information, with the exception of [the person's photograph or] any
2-12     information:
2-13                 (1)  regarding the person's social security number,
2-14     driver's license number, [numeric street address,] or telephone
2-15     number;
2-16                 (2)  that is required by the department under Article
2-17     62.02(b)(5); or
2-18                 (3)  that would identify the victim of the offense for
2-19     which the person is subject to registration.
2-20           SECTION 4.  This Act takes effect September 1, 1999.
2-21           SECTION 5.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.