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Amend CSHB 867 by adding the following appropriately numbered
article and renumbering the subsequent articles of the bill
accordingly:
ARTICLE ____. PROXIMITY OF RESIDENCE TO SCHOOL
SECTION __.01. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.024 to read as follows:
Sec. 38.024. CERTAIN PERSONS PROHIBITED FROM RESIDING NEAR
SCHOOL. (a) This section applies only to a person who is:
(1) required to register as a sex offender under
Chapter 62, Code of Criminal Procedure, because of a reportable
conviction or adjudication involving a victim younger than 17 years
of age; or
(2) civilly committed as a sexually violent predator
under Chapter 841, Health and Safety Code, and subject to
outpatient treatment and supervision under that chapter.
(b) A person to whom this section applies may not reside
within 1,500 feet of a public or private school campus, as measured
in a straight line from the nearest property line of the residence
to the nearest property line of the campus.
(c) A person to whom this section applies who resides within
1,500 feet of a school campus may remain at the person's residence
if:
(1) the person resided at the residence on September
1, 2005; or
(2) the person is residing at the residence at the time
that the campus is established or extended to within 1,500 feet of
the residence.
(d) For each person described by Subsection (c) who remains
at the residence, the state, county, or local law enforcement
agency with the primary responsibility of registering or
supervising the person shall provide written notice, including the
person's address and a recent photograph of the person, to the
appropriate public or private school campus not later than the
first day of instruction each school year.
(e) A person to whom this section applies commits an offense
if the person violates this section. The punishment for an offense
under this subsection is a felony of the third degree and is
considered to be a conviction of an offense under Article 62.102,
Code of Criminal Procedure, for purposes of enhancement under
Subsection (c) of that article.
SECTION __.02. The change in law made by Section 38.024,
Education Code, as added by this Act, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense was committed before that date.