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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration requirements for sex offenders |
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residing in certain health care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.051, Code of Criminal Procedure, is |
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amended by adding Subsection (j) to read as follows: |
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(j) A person required to register under this chapter who |
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resides or intends to reside in a facility licensed under Chapter |
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242, 247, or 252, Health and Safety Code, shall notify the facility |
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in writing of the person's registration status under this chapter. |
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SECTION 2. Article 62.053(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Before a person who will be subject to registration |
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under this chapter is due to be released from a penal institution, |
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the Texas Department of Criminal Justice or the Texas Youth |
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Commission shall determine the person's level of risk to the |
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community using the sex offender screening tool developed or |
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selected under Article 62.007 and assign to the person a numeric |
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risk level of one, two, or three. Before releasing the person, an |
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official of the penal institution shall: |
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(1) inform the person that: |
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(A) not later than the later of the seventh day |
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after the date on which the person is released or after the date on |
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which the person moves from a previous residence to a new residence |
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in this state or not later than the later of the first date the |
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applicable local law enforcement authority by policy allows the |
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person to register or verify registration, the person must register |
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or verify registration with the local law enforcement authority in |
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the municipality or county in which the person intends to reside; |
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(B) not later than the seventh day after the date |
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on which the person is released or the date on which the person |
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moves from a previous residence to a new residence in this state, |
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the person must, if the person has not moved to an intended |
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residence, report to the juvenile probation officer, community |
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supervision and corrections department officer, or parole officer |
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supervising the person; |
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(C) not later than the seventh day before the |
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date on which the person moves to a new residence in this state or |
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another state, the person must report in person to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department and to the juvenile |
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probation officer, community supervision and corrections |
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department officer, or parole officer supervising the person; |
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(D) not later than the 10th day after the date on |
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which the person arrives in another state in which the person |
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intends to reside, the person must register with the law |
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enforcement agency that is identified by the department as the |
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agency designated by that state to receive registration |
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information, if the other state has a registration requirement for |
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sex offenders; |
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(E) not later than the 30th day after the date on |
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which the person is released, the person must apply to the |
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department in person for the issuance of an original or renewal |
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driver's license or personal identification certificate and a |
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failure to apply to the department as required by this paragraph |
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results in the automatic revocation of any driver's license or |
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personal identification certificate issued by the department to the |
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person; [and] |
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(F) the person must notify appropriate entities |
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of any change in status as described by Article 62.057; and |
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(G) if the person resides or intends to reside in |
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a facility licensed under Chapter 242, 247, or 252, Health and |
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Safety Code, the person must notify the facility of the person's |
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registration status under this chapter; |
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(2) require the person to sign a written statement |
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that the person was informed of the person's duties as described by |
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Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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the statement, certify that the person was so informed; |
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(3) obtain the address where the person expects to |
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reside on the person's release and other registration information, |
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including a photograph and complete set of fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 3. Subchapter A, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.018 to read as follows: |
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Sec. 242.018. SEX OFFENDER STATUS OF RESIDENTS. (a) Upon |
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receiving notice under Article 62.051(j), Code of Criminal |
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Procedure, the institution shall maintain a log containing the |
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registered sex offender's first, middle, and last names, sex, race, |
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birthdate, including month, day, and year, previous address, and |
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date of admission to the facility. The log shall be kept in the |
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administrator's office and made available for inspection by the |
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public. |
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(b) This section does not create a cause of action, and if a |
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person who is required to register under Chapter 62, Code of |
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Criminal Procedure, fails to notify the institution, as required by |
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Article 62.051(j), Code of Criminal Procedure, the institution: |
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(1) is not liable for damages arising from the failure |
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to include the required information in the log; and |
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(2) has not violated this chapter and is not |
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criminally liable or liable for a penalty under this chapter for the |
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failure to include the required information in the log. |
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SECTION 4. Section 242.066(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter or a rule, standard, or |
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order adopted or license issued under this chapter; |
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(2) makes a false statement, that the person knows or |
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should know is false, of a material fact: |
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(A) on an application for issuance or renewal of |
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a license or in an attachment to the application; or |
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(B) with respect to a matter under investigation |
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by the department; |
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(3) refuses to allow a representative of the |
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department to inspect: |
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(A) a book, record, or file required to be |
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maintained by an institution; or |
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(B) any portion of the premises of an |
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institution; |
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(4) refuses to allow any person to review a log |
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required to be maintained under Section 242.018; |
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(5) [(4)] wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(6) [(5)] wilfully interferes with a representative |
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of the department preserving evidence of a violation of this |
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chapter or a rule, standard, or order adopted or license issued |
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under this chapter; or |
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(7) [(6)] fails to pay a penalty assessed by the |
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department under this chapter not later than the 10th day after the |
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date the assessment of the penalty becomes final. |
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SECTION 5. Subchapter A, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.007 to read as follows: |
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Sec. 247.007. SEX OFFENDER STATUS OF RESIDENTS. (a) Upon |
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receiving notice under Article 62.051(j), Code of Criminal |
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Procedure, the assisted living facility shall maintain a log |
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containing the registered sex offender's first, middle, and last |
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names, sex, race, birthdate, including month, day, and year, |
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previous address, and date of admission to the facility. The log |
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shall be kept in the administrator's office and made available for |
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inspection by the public. |
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(b) This section does not create a cause of action, and if a |
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person who is required to register under Chapter 62, Code of |
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Criminal Procedure, fails to notify the assisted living facility, |
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as required by Article 62.051(j), Code of Criminal Procedure, the |
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facility: |
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(1) is not liable for damages arising from the failure |
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to include the required information in the log; and |
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(2) has not violated this chapter and is not |
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criminally liable or liable for a penalty under this chapter for the |
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failure to include the required information in the log. |
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SECTION 6. Section 247.0451(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter or a rule, standard, or |
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order adopted under this chapter or a term of a license issued under |
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this chapter; |
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(2) makes a false statement, that the person knows or |
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should know is false, of a material fact: |
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(A) on an application for issuance or renewal of |
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a license or in an attachment to the application; or |
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(B) with respect to a matter under investigation |
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by the department; |
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(3) refuses to allow a representative of the |
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department to inspect: |
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(A) a book, record, or file required to be |
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maintained by an assisted living facility; or |
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(B) any portion of the premises of an assisted |
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living facility; |
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(4) refuses to allow any person to review a log |
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required to be maintained under Section 247.007; |
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(5) [(4)] wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(6) [(5)] wilfully interferes with a representative |
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of the department preserving evidence of a violation of this |
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chapter or a rule, standard, or order adopted under this chapter or |
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a term of a license issued under this chapter; or |
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(7) [(6)] fails to pay a penalty assessed under this |
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chapter not later than the 30th day after the date the assessment of |
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the penalty becomes final. |
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SECTION 7. Subchapter A, Chapter 252, Health and Safety |
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Code, is amended by adding Section 252.012 to read as follows: |
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Sec. 252.012. SEX OFFENDER STATUS OF RESIDENTS. (a) Upon |
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receiving notice under Article 62.051(j), Code of Criminal |
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Procedure, the facility shall maintain a log containing the |
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registered sex offender's first, middle, and last names, sex, race, |
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birthdate, including month, day, and year, previous address, and |
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date of admission to the facility. The log shall be kept in the |
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administrator's office and made available for inspection by the |
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public. |
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(b) This section does not create a cause of action, and if a |
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person who is required to register under Chapter 62, Code of |
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Criminal Procedure, fails to notify the facility, as required by |
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Article 62.051(j), Code of Criminal Procedure, the facility: |
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(1) is not liable for damages arising from the failure |
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to include the required information in the log; and |
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(2) has not violated this chapter and is not |
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criminally liable or liable for a penalty under this chapter for the |
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failure to include the required information in the log. |
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SECTION 8. Section 252.065(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a facility that: |
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(1) violates this chapter or a rule adopted under this |
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chapter; or |
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(2) refuses to allow any person to review a log |
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required to be maintained under Section 252.012. |
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SECTION 9. This Act takes effect September 1, 2007. |