Bill Text: TX HB387 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the authority of general-law municipalities to restrict sex offenders from child safety zones in the municipality.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced) 2017-05-10 - Placed on General State Calendar [HB387 Detail]

Download: Texas-2017-HB387-Comm_Sub.html
  85R809 NC-D
 
  By: Murphy, Parker, González of El Paso, H.B. No. 387
      Schubert, Springer, et al.
 
 
 
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 shall establish procedures for a
  registered sex offender to apply for 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.
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