Bill Text: TX HB3105 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the authority of a county to restrict sex offenders from child safety zones in the unincorporated area of the county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-25 - Left pending in committee [HB3105 Detail]

Download: Texas-2019-HB3105-Introduced.html
  86R1400 MP-D
 
  By: Burns H.B. No. 3105
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a county to restrict sex offenders from
  child safety zones in the unincorporated area of the county.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 351, Local Government
  Code, is amended by adding Section 351.905 to read as follows:
         Sec. 351.905.  LIMITATIONS ON REGISTERED SEX OFFENDERS IN
  UNINCORPORATED AREA OF COUNTY. (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 commissioners
  court of a county by order may restrict a registered sex offender
  from going in, on, or within a specified distance of a child safety
  zone in the unincorporated area of the county.
         (c)  It is an affirmative defense to prosecution of an
  offense under the order 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 order may establish a distance requirement
  described by Subsection (b) at any distance of not more than 1,000
  feet.
         (e)  The order may establish procedures for a registered sex
  offender to apply for and receive an exemption from the order.
         (f)  The order 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 order 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, 2019.
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