79R4407 BDH-D

By:  Leibowitz                                                    H.B. No. 977



A BILL TO BE ENTITLED

AN ACT

relating to the proximity of the residences of certain sex 
offenders or sexually violent predators to public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 1,000 feet of a public 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 school campus not later than the first day of 
instruction each school year.
	SECTION 2.  This Act takes effect September 1, 2005.