By: Armbrister S.B. No. 1380
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain disclosure and registration requirements under
1-3 the sex offender registration program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (e), Article 62.045, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (e) An owner, builder, seller, or lessor of a single-family
1-8 residential real property or any improvement to residential real
1-9 property or that person's broker, salesperson, or other agent or
1-10 representative in a residential real estate transaction does not
1-11 have a [the owner's agent has no] duty to make a disclosure to a
1-12 prospective buyer or lessee [tenant] about registrants under this
1-13 chapter. To the extent of any conflict between this subsection and
1-14 another law imposing a duty to disclose information about
1-15 registered sex offenders, this subsection controls.
1-16 SECTION 2. Subsection (a), Article 62.12, Code of Criminal
1-17 Procedure, is amended to read as follows:
1-18 (a) The duty to register for a person ends when the person
1-19 dies if the person has [with] a reportable conviction or
1-20 adjudication for:
1-21 (1) a sexually violent offense;
1-22 (2) [or for] an offense under Section 25.02,
1-23 43.05(a)(2), or 43.26, Penal Code;
1-24 (3) an offense under Section 21.11(a)(2), Penal Code,
1-25 if before or after the person is convicted or adjudicated for the
2-1 offense under Section 21.11(a)(2), Penal Code, the person receives
2-2 or has received another reportable conviction or adjudication for
2-3 an offense or conduct that requires registration under this
2-4 chapter; or
2-5 (4) an offense under Section 20.02, 20.03, or 20.04,
2-6 Penal Code, or an attempt, conspiracy, or solicitation to commit
2-7 one of those offenses, if:
2-8 (A) the judgment in the case contains an
2-9 affirmative finding under Article 42.015 or, for an adjudication of
2-10 delinquent conduct, the papers in the case contain an affirmative
2-11 finding that the victim or intended victim was younger than 17
2-12 years of age; and
2-13 (B) before or after the person is convicted or
2-14 adjudicated for the offense under Section 20.02, 20.03, or 20.04,
2-15 Penal Code, the person receives or has received another reportable
2-16 conviction or adjudication for an offense or conduct that requires
2-17 registration under this chapter[, ends when the person dies].
2-18 SECTION 3. The change in law made by this Act applies to a
2-19 defendant with a reportable conviction or adjudication for an
2-20 offense or conduct under Subdivision (2), Subsection (a), Section
2-21 21.11, Penal Code, that was committed before, on, or after the
2-22 effective date of this Act and to a defendant with a reportable
2-23 conviction or adjudication for an offense or conduct under Section
2-24 20.02, 20.03, or 20.04, Penal Code, that was committed on or after
2-25 September 1, 1999.
2-26 SECTION 4. This Act takes effect September 1, 2001.