By McClendon                                           H.B. No. 138
         76R67 PEP-D                           
                                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.  Article 62.03(e), Code of Criminal Procedure, is
 1-6     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), the local law
 1-9     enforcement authority shall verify the age of the victim and the
1-10     basis on which the person is subject to registration under this
1-11     chapter.  If the victim is a child younger than 17 years of age and
1-12     the basis on which the person is subject to registration is not an
1-13     adjudication of delinquent conduct and is not a conviction or a
1-14     deferred adjudication for an offense under Section 25.02, Penal
1-15     Code, the authority shall immediately publish notice in English and
1-16     Spanish in the newspaper of greatest paid circulation in the county
1-17     in which the person subject to registration intends to reside or,
1-18     if there is no newspaper of paid circulation in that county, in the
1-19     newspaper of greatest general circulation in the county.  The
1-20     authority shall publish a duplicate notice in the newspaper, with
1-21     any necessary corrections, during the week immediately following
1-22     the week of initial publication.  If the victim is a child younger
1-23     than 17 years of age, regardless of the basis on which the person
1-24     is subject to registration, the authority shall immediately provide
 2-1     notice to the superintendent of the public school district and to
 2-2     the administrator of any private primary or secondary school
 2-3     located in the public school district in which the person subject
 2-4     to registration intends to reside by mail to the office of the
 2-5     superintendent or administrator, as appropriate.  On receipt of a
 2-6     notice under this subsection, the superintendent shall release the
 2-7     information contained in the notice to appropriate school district
 2-8     personnel, including peace officers and security personnel,
 2-9     principals, nurses, and counselors.
2-10           SECTION 2.  Article 62.04(f), Code of Criminal Procedure, is
2-11     amended to read as follows:
2-12           (f)  If the person moves to another municipality or county in
2-13     this state, the department shall inform the applicable local law
2-14     enforcement authority in the new area of the person's residence not
2-15     later than the third day after the date on which the department
2-16     receives information under Subsection (a).  Not later than the
2-17     eighth day after the date on which the local law enforcement
2-18     authority is informed under Subsection (a) or under this
2-19     subsection, the authority shall verify the age of the victim and
2-20     the basis on which the person is subject to registration under this
2-21     chapter.  If the victim is a child younger than 17 years of age and
2-22     the basis on which the person is subject to registration is not an
2-23     adjudication of delinquent conduct and is not a conviction or a
2-24     deferred adjudication for an offense under Section 25.02, Penal
2-25     Code, the authority shall immediately publish notice in English and
2-26     Spanish in the newspaper of greatest paid circulation in the county
2-27     in which the person subject to registration intends to reside or,
 3-1     if there is no newspaper of paid circulation in that county, in the
 3-2     newspaper of greatest general circulation in the county.  The local
 3-3     law enforcement authority shall publish a duplicate notice in the
 3-4     newspaper, with any necessary corrections, during the week
 3-5     immediately following the week of initial publication.  If the
 3-6     victim is a child younger than 17 years of age, regardless of the
 3-7     basis on which the person is subject to registration, the authority
 3-8     shall immediately provide notice to the superintendent of the
 3-9     public school district and to the administrator of any private
3-10     primary or secondary school located in the public school district
3-11     in which the person subject to registration intends to reside by
3-12     mail to the office of the superintendent or administrator, as
3-13     appropriate.  On receipt of a notice under this subsection, the
3-14     superintendent shall release the information contained in the
3-15     notice to appropriate school district personnel, including peace
3-16     officers and security personnel, principals, nurses, and
3-17     counselors.
3-18           SECTION 3.  This Act takes effect September 1, 1999.
3-19           SECTION 4.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended.