| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of general-law municipalities to restrict |
|
|
sex offenders from child safety zones in the municipality. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 341, Local Government |
|
|
Code, is amended by adding Section 341.906 to read as follows: |
|
|
Sec. 341.906. LIMITATIONS ON REGISTERED SEX OFFENDERS IN |
|
|
GENERAL-LAW MUNICIPALITIES. (a) In this section: |
|
|
(1) "Child safety zone" means premises where children |
|
|
commonly gather. The term includes a school, day-care facility, |
|
|
playground, public or private youth center, public swimming pool, |
|
|
video arcade facility, or other facility that regularly holds |
|
|
events primarily for children. The term does not include a church, |
|
|
as defined by Section 544.251, Insurance Code. |
|
|
(2) "Playground," "premises," "school," "video arcade |
|
|
facility," and "youth center" have the meanings assigned by Section |
|
|
481.134, Health and Safety Code. |
|
|
(3) "Registered sex offender" means an individual who |
|
|
is required to register as a sex offender under Chapter 62, Code of |
|
|
Criminal Procedure. |
|
|
(b) To provide for the public safety, the governing body of |
|
|
a general-law municipality by ordinance may restrict a registered |
|
|
sex offender from going in, on, or within a specified distance of a |
|
|
child safety zone in the municipality. |
|
|
(c) It is an affirmative defense to prosecution of an |
|
|
offense under the ordinance that the registered sex offender was |
|
|
in, on, or within a specified distance of a child safety zone for a |
|
|
legitimate purpose, including transportation of a child that the |
|
|
registered sex offender is legally permitted to be with, |
|
|
transportation to and from work, and other work-related purposes. |
|
|
(d) The ordinance may establish a distance requirement |
|
|
described by Subsection (b) at any distance of not more than 1,000 |
|
|
feet. |
|
|
(e) The ordinance may establish procedures for a registered |
|
|
sex offender to apply for and receive an exemption from the |
|
|
ordinance. |
|
|
(f) The ordinance must exempt a registered sex offender who |
|
|
established residency in a residence located within the specified |
|
|
distance of a child safety zone before the date the ordinance is |
|
|
adopted. The exemption must apply only to: |
|
|
(1) areas necessary for the registered sex offender to |
|
|
have access to and to live in the residence; and |
|
|
(2) the period the registered sex offender maintains |
|
|
residency in the residence. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |