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.