Bill Text: TX HB1433 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of a municipal utility district to restrict sex offenders from child safety zones in the district; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-27 - Referred to Land & Resource Management [HB1433 Detail]
Download: Texas-2019-HB1433-Introduced.html
| 86R8342 AAF-D | ||
| By: Bucy | H.B. No. 1433 | |
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| relating to the authority of a municipal utility district to | ||
| restrict sex offenders from child safety zones in the district; | ||
| creating an offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 54, Water Code, is amended | ||
| by adding Section 54.244 to read as follows: | ||
| Sec. 54.244. LIMITATIONS ON REGISTERED SEX OFFENDERS IN | ||
| DISTRICT. (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 board of a | ||
| district by rule may restrict a registered sex offender from going | ||
| in, on, or within a specified distance of a child safety zone in the | ||
| district. | ||
| (c) A person who violates a rule adopted by a district under | ||
| this section commits an offense. An offense under this subsection | ||
| is a Class C misdemeanor. | ||
| (d) It is an affirmative defense to prosecution of an | ||
| offense under the rule 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 rule may establish a distance requirement described | ||
| by Subsection (b) at any distance of not more than 1,000 feet. | ||
| (f) The rule must establish procedures for a registered sex | ||
| offender to apply for an exemption from the rule. | ||
| (g) The rule 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 rule 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 district that adopts a rule under this section shall | ||
| install signs indicating the child safety zone. The signs must be | ||
| installed at regular intervals at the distance specified under | ||
| Subsection (e). | ||
| 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. | ||
