88R7056 MP-D
 
  By: Orr H.B. No. 1409
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain counties to restrict sex
  offenders from child safety zones in certain portions of the
  unincorporated area of the county; creating a criminal offense.
         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 CERTAIN COUNTIES. (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 subject to the registration requirements of Chapter 62, Code of
  Criminal Procedure.
         (b)  This section applies only to a county with a population
  of 300,000 or less.
         (c)  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 located:
               (1)  in a school district with 500 or fewer students in
  enrollment; and
               (2)  in the unincorporated area of the county.
         (d)  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.
         (e)  The order may establish a distance requirement
  described by Subsection (c) at any distance of not more than 1,000
  feet.
         (f)  The order must establish procedures for a registered sex
  offender to apply for an exemption from the order.
         (g)  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.
         (h)  A person commits an offense if the person violates an
  order adopted under this section.  An offense under this subsection
  is a Class C misdemeanor.
         SECTION 2.  This Act takes effect September 1, 2023.