S.B. No. 1553

	AN ACT
	relating to certain requirements imposed on a sex offender who
	enters the premises of a school and to the refusal of entry to or
	ejection from school district property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 62.053(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  Before a person who will be subject to registration
	under this chapter is due to be released from a penal institution,
	the Texas Department of Criminal Justice or the Texas Juvenile
	Justice Department shall determine the person's level of risk to
	the community using the sex offender screening tool developed or
	selected under Article 62.007 and assign to the person a numeric
	risk level of one, two, or three. Before releasing the person, an
	official of the penal institution shall:
	(1)  inform the person that:
	(A)  not later than the later of the seventh day
	after the date on which the person is released or after the date on
	which the person moves from a previous residence to a new residence
	in this state or not later than the first date the applicable local
	law enforcement authority by policy allows the person to register
	or verify registration, the person must register or verify
	registration with the local law enforcement authority in the
	municipality or county in which the person intends to reside;
	(B)  not later than the seventh day after the date
	on which the person is released or the date on which the person
	moves from a previous residence to a new residence in this state,
	the person must, if the person has not moved to an intended
	residence, report to the applicable entity or entities as required
	by Article 62.051(h) or (j) or 62.055(e);
	(C)  not later than the seventh day before the
	date on which the person moves to a new residence in this state or
	another state, the person must report in person to the local law
	enforcement authority designated as the person's primary
	registration authority by the department and to the juvenile
	probation officer, community supervision and corrections
	department officer, or parole officer supervising the person;
	(D)  not later than the 10th day after the date on
	which the person arrives in another state in which the person
	intends to reside, the person must register with the law
	enforcement agency that is identified by the department as the
	agency designated by that state to receive registration
	information, if the other state has a registration requirement for
	sex offenders;
	(E)  not later than the 30th day after the date on
	which the person is released, the person must apply to the
	department in person for the issuance of an original or renewal
	driver's license or personal identification certificate and a
	failure to apply to the department as required by this paragraph
	results in the automatic revocation of any driver's license or
	personal identification certificate issued by the department to the
	person;
	(F)  the person must notify appropriate entities
	of any change in status as described by Article 62.057; [and]
	(G)  certain types of employment are prohibited
	under Article 62.063 for a person with a reportable conviction or
	adjudication for a sexually violent offense involving a victim
	younger than 14 years of age occurring on or after September 1,
	2013; and
	(H)  if the person enters the premises of a school
	as described by Article 62.064 and is subject to the requirements of
	that article, the person must immediately notify the administrative
	office of the school of the person's presence and the person's
	registration status under this chapter;
	(2)  require the person to sign a written statement
	that the person was informed of the person's duties as described by
	Subdivision (1) or Subsection (g) or, if the person refuses to sign
	the statement, certify that the person was so informed;
	(3)  obtain the address or, if applicable, a detailed
	description of each geographical location where the person expects
	to reside on the person's release and other registration
	information, including a photograph and complete set of
	fingerprints; and
	(4)  complete the registration form for the person.
	SECTION 2.  Article 62.058, Code of Criminal Procedure, is
	amended by adding Subsection (g) to read as follows:
	(g)  A local law enforcement authority who provides a person
	with a registration form for verification as required by this
	chapter shall include with the form a statement and, if applicable,
	a description of the person's duty to provide notice under Article
	62.064.
	SECTION 3.  Subchapter B, Chapter 62, Code of Criminal
	Procedure, is amended by adding Article 62.064 to read as follows:
	Art. 62.064.  ENTRY ONTO SCHOOL PREMISES; NOTICE REQUIRED.
	(a)  In this article:
	(1)  "Premises" means a building or portion of a
	building and the grounds on which the building is located,
	including any public or private driveway, street, sidewalk or
	walkway, parking lot, or parking garage on the grounds.
	(2)  "School" has the meaning assigned by Section
	481.134, Health and Safety Code.
	(b)  A person subject to registration under this chapter who
	enters the premises of any school in this state during the standard
	operating hours of the school shall immediately notify the
	administrative office of the school of the person's presence on the
	premises of the school and the person's registration status under
	this chapter.  The office may provide a chaperon to accompany the
	person while the person is on the premises of the school.
	(c)  The requirements of this article:
	(1)  are in addition to any requirement associated with
	the imposition of a child safety zone on the person under Section
	508.187, Government Code, or Article 42A.453 of this code; and
	(2)  do not apply to:
	(A)  a student enrolled at the school;
	(B)  a student from another school participating
	at an event at the school; or
	(C)  a person who has entered into a written
	agreement with the school that exempts the person from those
	requirements.
	SECTION 4.  Section 37.001(a), Education Code, as amended by
	Chapters 487 (S.B. 1541) and 1409 (S.B. 1114), Acts of the 83rd
	Legislature, Regular Session, 2013, is reenacted and amended to
	read as follows:
	(a)  The board of trustees of an independent school district
	shall, with the advice of its district-level committee established
	under Subchapter F, Chapter 11, adopt a student code of conduct for
	the district. The student code of conduct must be posted and
	prominently displayed at each school campus or made available for
	review at the office of the campus principal. In addition to
	establishing standards for student conduct, the student code of
	conduct must:
	(1)  specify the circumstances, in accordance with this
	subchapter, under which a student may be removed from a classroom,
	campus, disciplinary alternative education program, or vehicle
	owned or operated by the district;
	(2)  specify conditions that authorize or require a
	principal or other appropriate administrator to transfer a student
	to a disciplinary alternative education program;
	(3)  outline conditions under which a student may be
	suspended as provided by Section 37.005 or expelled as provided by
	Section 37.007;
	(4)  specify that consideration will be given, as a
	factor in each decision concerning suspension, removal to a
	disciplinary alternative education program, expulsion, or
	placement in a juvenile justice alternative education program,
	regardless of whether the decision concerns a mandatory or
	discretionary action, to:
	(A)  self-defense;
	(B)  intent or lack of intent at the time the
	student engaged in the conduct;
	(C)  a student's disciplinary history; or
	(D)  a disability that substantially impairs the
	student's capacity to appreciate the wrongfulness of the student's
	conduct;
	(5)  provide guidelines for setting the length of a
	term of:
	(A)  a removal under Section 37.006; and
	(B)  an expulsion under Section 37.007;
	(6)  address the notification of a student's parent or
	guardian of a violation of the student code of conduct committed by
	the student that results in suspension, removal to a disciplinary
	alternative education program, or expulsion;
	(7)  prohibit bullying, harassment, and making hit
	lists and ensure that district employees enforce those
	prohibitions; [and]
	(8)  provide, as appropriate for students at each grade
	level, methods, including options, for:
	(A)  managing students in the classroom, on school
	grounds, and on a vehicle owned or operated by the district;
	(B)  disciplining students; and
	(C)  preventing and intervening in student
	discipline problems, including bullying, harassment, and making
	hit lists; and
	(9)  include an explanation of the provisions regarding
	refusal of entry to or ejection from district property under
	Section 37.105, including the appeal process established under
	Section 37.105(h).
	SECTION 5.  Section 37.105, Education Code, is amended to
	read as follows:
	Sec. 37.105.  UNAUTHORIZED PERSONS: REFUSAL OF ENTRY,
	EJECTION, IDENTIFICATION. (a)  A school administrator, school
	resource officer, or school district peace officer [The board of
	trustees] of a school district [or its authorized representative]
	may refuse to allow a person [without legitimate business] to enter
	on or [property under the board's control and] may eject a [any
	undesirable] person from [the] property under the district's
	control if the person refuses [on the person's refusal] to leave
	peaceably on request and:
	(1)  the person poses a substantial risk of harm to any
	person; or
	(2)  the person behaves in a manner that is
	inappropriate for a school setting and:
	(A)  the administrator, resource officer, or
	peace officer issues a verbal warning to the person that the
	person's behavior is inappropriate and may result in the person's
	refusal of entry or ejection; and
	(B)  the person persists in that behavior.
	(b)  Identification may be required of any person on the
	property.
	(c)  Each school district shall maintain a record of each
	verbal warning issued under Subsection (a)(2)(A), including the
	name of the person to whom the warning was issued and the date of
	issuance.
	(d)  At the time a person is refused entry to or ejected from
	a school district's property under this section, the district shall
	provide to the person written information explaining the appeal
	process established under Subsection (h).
	(e)  If a parent or guardian of a child enrolled in a school
	district is refused entry to the district's property under this
	section, the district shall accommodate the parent or guardian to
	ensure that the parent or guardian may participate in the child's
	admission, review, and dismissal committee or in the child's team
	established under Section 504, Rehabilitation Act of 1973 (29
	U.S.C. Section 794), in accordance with federal law.
	(f)  The term of a person's refusal of entry to or ejection
	from a school district's property under this section may not exceed
	two years.
	(g)  A school district shall post on the district's Internet
	website and each district campus shall post on any Internet website
	of the campus a notice regarding the provisions of this section,
	including the appeal process established under Subsection (h).
	(h)  The commissioner shall adopt rules to implement this
	section, including rules establishing a process for a person to
	appeal to the board of trustees of the school district the decision
	under Subsection (a) to refuse the person's entry to or eject the
	person from the district's property.
	SECTION 6.  Articles 62.053 and 62.058, Code of Criminal
	Procedure, as amended by this Act, and Article 62.064, Code of
	Criminal Procedure, as added by this Act, apply to a person subject
	to registration under Chapter 62, Code of Criminal Procedure, for
	an offense committed or conduct that occurs before, on, or after
	September 1, 2017.
	SECTION 7.  Section 37.001(a), Education Code, as reenacted
	and amended by this Act, and Section 37.105, Education Code, as
	amended by this Act, apply beginning with the 2017-2018 school
	year.
	SECTION 8.  (a)  Except as provided by Subsection (b) of
	this section, 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.
	(b)  Articles 62.053 and 62.058, Code of Criminal Procedure,
	as amended by this Act, and Article 62.064, Code of Criminal
	Procedure, as added by this Act, take effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1553 passed the Senate on
	May 15, 2017, by the following vote:  Yeas 29, Nays 2;
	May 26, 2017, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 27, 2017, House
	granted request of the Senate; May 28, 2017, Senate adopted
	Conference Committee Report by the following vote:  Yeas 27,
	Nays 4.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1553 passed the House, with
	amendments, on May 24, 2017, by the following vote:  Yeas 138,
	Nays 5, two present not voting; May 27, 2017, House granted request
	of the Senate for appointment of Conference Committee;
	May 28, 2017, House adopted Conference Committee Report by the
	following vote:  Yeas 132, Nays 13, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor