This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
S.B. No. 146
AN ACT
relating to procedural and registration requirements for certain
sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsection (g) and adding
Subsection (h) to read as follows:
(g) If the judge places on community supervision a person
required to register as a sex offender under Chapter 62, the judge
shall require as a condition of community supervision that the
person pay to the person's supervising officer an amount equal to [a
fee that equals] the [actual] cost, as evidenced by written
receipt, incurred by [to] the applicable local law enforcement
authority for providing notice for publication to a newspaper as
required by Chapter 62. A political subdivision served by the local
law enforcement authority may bill any unpaid amount, identified
separately, within a bill for a utility service provided by the
political subdivision to the person and may suspend service of the
utility to a person who is delinquent in payment of the amount until
the delinquent claim is fully paid to the political subdivision. A
community supervision and corrections department or political
subdivision, as applicable, shall remit an amount [fees] collected
under this subsection to the applicable local law enforcement
authority [to reimburse the authority for the actual cost incurred
by the authority, as evidenced by written receipt, for providing
notice for publication to a newspaper as required by Chapter 62].
In this subsection, "utility service" means water, wastewater,
sewer, gas, garbage, electricity, or drainage service.
(h) In a community supervision revocation hearing at which
it is alleged only that the person violated the terms of community
supervision by failing to make a payment under Subsection (g) [this
subsection], the inability of the person to pay as ordered by the
judge is an affirmative defense to revocation, which the person
must prove by a preponderance of the evidence.
SECTION 2. Subsection (b), Section 2, Article 42.22, Code
of Criminal Procedure, is amended to read as follows:
(b) The state also has a restitution lien to secure the:
(1) amount of fines or costs entered against a
defendant in the judgment in a felony criminal case;
(2) amount of reimbursement for costs of:
(A) confinement ordered under Article 42.038; or
(B) notice provided under Article 62.03 or 62.04;
and
(3) amount of damages incurred by the state as a result
of the commission of an offense under Section 38.04, Penal Code, in
which the defendant used a motor vehicle while the defendant was in
flight.
SECTION 3. Chapter 62, Code of Criminal Procedure, is
amended by adding Article 62.041 to read as follows:
Art. 62.041. AUTHORITY OF POLITICAL SUBDIVISION TO COLLECT
COSTS OF CERTAIN NOTICE. (a) In this article, "utility service"
means water, wastewater, sewer, gas, garbage, electricity, or
drainage service.
(b) A political subdivision served by a local law
enforcement authority obtaining publication of notice under
Article 62.03 or 62.04 may bill any unpaid amount under that
article, identified separately, within a bill for a utility service
provided by the political subdivision to the person who is the
subject of the notice, and may suspend service of the utility to a
person who is delinquent in payment of the amount until the
delinquent claim is fully paid to the political subdivision.
(c) The political subdivision shall remit an amount
collected under this article to the local law enforcement
authority.
SECTION 4. Article 62.05, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. (a) If
the juvenile probation officer, community supervision and
corrections department officer, or parole officer supervising a
person subject to registration under this chapter receives
information to the effect that the person's status has changed in
any manner that affects proper supervision of the person, including
a change in the person's name, physical health, job [status],
incarceration, or terms of release, the supervising officer shall
promptly notify the appropriate local law enforcement authority or
authorities of that change. If the person required to register
intends to change address, the person's supervising officer shall
notify the local law enforcement authorities designated by Article
62.04(b).
(b) A person subject to registration under this chapter
shall report to the local law enforcement authority any change in
status with respect to the person's name, physical health, or job
[status] not later than the seventh day after the date of the
change. For purposes of this subsection, a person's job status
changes if the person leaves employment for any reason, remains
employed by an employer but changes the location at which the person
works, or begins employment with a new employer. For purposes of
this subsection, a person's health status changes if the person is
hospitalized as a result of an illness. Regarding a change of name,
the notice of a proposed name change provided to a local law
enforcement authority as described by Sections 45.004 and 45.103,
Family Code, is sufficient for purposes of this subsection, except
that the person shall promptly notify the authority of any denial of
the person's petition for a change of name.
SECTION 5. Subsection (a), Section 45.002, Family Code, is
amended to read as follows:
(a) A petition to change the name of a child must be verified
and include:
(1) the present name and place of residence of the
child;
(2) the reason a change of name is requested;
(3) the full name requested for the child; [and]
(4) whether the child is subject to the continuing
exclusive jurisdiction of a court under Chapter 155; and
(5) whether the child is subject to the registration
requirements of Chapter 62, Code of Criminal Procedure.
SECTION 6. Section 45.004, Family Code, is amended to read
as follows:
Sec. 45.004. ORDER. (a) The court may order the name of a
child changed if:
(1) the change is in the best interest of the child;
and
(2) for a child subject to the registration
requirements of Chapter 62, Code of Criminal Procedure:
(A) the change is in the interest of the public;
and
(B) the person petitioning on behalf of the child
provides the court with proof that the child has notified the
appropriate local law enforcement authority of the proposed name
change.
(b) If the child is subject to the continuing jurisdiction
of a court under Chapter 155, the court shall send a copy of the
order to the central record file as provided in Chapter 108.
(c) In this section, "local law enforcement authority" has
the meaning assigned by Article 62.01, Code of Criminal Procedure.
SECTION 7. Subsection (a), Section 45.102, Family Code, is
amended to read as follows:
(a) A petition to change the name of an adult must be
verified and include:
(1) the present name and place of residence of the
petitioner;
(2) the full name requested for the petitioner;
(3) the reason the change in name is requested; [and]
(4) whether the petitioner has been the subject of a
final felony conviction; and
(5) whether the petitioner is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure.
SECTION 8. Section 45.103, Family Code, is amended to read
as follows:
Sec. 45.103. ORDER. (a) The court shall order a change of
name under this subchapter for a person other than a person with a
final felony conviction or a person subject to the registration
requirements of Chapter 62, Code of Criminal Procedure, if the
change is in the interest or to the benefit of the petitioner and in
the interest of the public.
(b) A court may order a change of name under this subchapter
for a person with a final felony conviction if, in addition to the
requirements of Subsection (a), the person has:
(1) received a certificate of discharge by the pardons
and paroles division of the Texas Department of Criminal Justice or
completed a period of probation ordered by a court and not less than
two years have passed from the date of the receipt of discharge or
completion of probation; or
(2) been pardoned.
(c) A court may order a change of name under this subchapter
for a person subject to the registration requirements of Chapter
62, Code of Criminal Procedure, if, in addition to the requirements
of Subsection (a), the person provides the court with proof that the
person has notified the appropriate local law enforcement authority
of the proposed name change. In this subsection, "local law
enforcement authority" has the meaning assigned by Article 62.01,
Code of Criminal Procedure.
SECTION 9. Section 508.186, Government Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) A political subdivision served by the local law
enforcement authority may bill any unpaid amount under Subsection
(a)(2), identified separately, within a bill for a utility service
provided by the political subdivision to the releasee and may
suspend service of the utility to a releasee who is delinquent in
payment of the amount until the delinquent claim is fully paid to
the political subdivision. In this subsection, "utility service"
means water, wastewater, sewer, gas, garbage, electricity, or
drainage service.
(b) The division or political subdivision, as applicable,
shall remit an amount collected under this section to the
applicable local law enforcement authority.
SECTION 10. (a) The change in law made by this Act in
amending Article 62.05, Code of Criminal Procedure, applies to a
person subject to registration under Chapter 62, Code of Criminal
Procedure, for an offense or conduct that was committed before, on,
or after the effective date of this Act.
(b) The change in law made by this Act in amending Sections
45.002, 45.004, 45.102, and 45.103, Family Code, applies only to a
petition for a change of name of a child or adult that is filed on or
after the effective date of this Act. A petition filed before the
effective date of this Act is governed by the law in effect on the
date the petition was filed, and the former law is continued in
effect for that purpose.
SECTION 11. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 146 passed the Senate on
March 17, 2003, by a viva-voce vote; and that the Senate concurred
in House amendment on May 21, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 146 passed the House, with
amendment, on May 16, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor