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