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Amend HB 867 on third reading on page 53, between lines 9 and
10, by inserting the following:
Sec. 62.062. 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 14 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 1,000 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
1,000 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 1,000 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.