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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Department of Public Safety to |
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prohibit sex offenders from participating in certain holiday |
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activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 62, Code of Criminal Procedure, is |
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amended by adding Article 62.065 to read as follows: |
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Art. 62.065. LIMITATIONS ON PARTICIPATION IN CERTAIN |
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HALLOWEEN ACTIVITIES. (a) The public safety director of the |
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department by rule may require, on October 31 of each year, each |
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individual who on that date is required to register under this |
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chapter to: |
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(1) refrain from placing Halloween decorations on the |
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exterior of the individual's residence; |
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(2) leave all exterior residential lighting off from 5 |
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p.m. until 12 a.m.; and |
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(3) post, in a place and manner prescribed by the |
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director, a sign that indicates the individual's intention to avoid |
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participation in Halloween activities. |
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(b) The public safety director of the department may |
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prescribe requirements concerning the content and placement of a |
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sign described by Subsection (a)(3). |
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(c) Not later than October 1 of the applicable year, the |
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department shall notify in person or by mail each individual |
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described by Subsection (a) of any requirements or restrictions |
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imposed by a rule adopted under that subsection. An individual who |
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does not receive the notice required by this subsection is not |
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subject to a rule adopted under Subsection (a). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |