Orr bill on sex offender child safety zones

The text as introduced · 484 words

89R10233 MP-D

By: Orr
H.B. No. 2749

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

assigned to numeric risk level three using the sex offender

screening tool developed or selected under Article 62.007, Code of

Criminal Procedure, 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, 2025.