Bill Explanation

Bill Explanation

Bill Details:

Bill Number: 85R1234 NC-D

Author: Springer

Bill Name: H.B. No. 207

Summary:

This bill is related to the authority of general-law municipalities to restrict sex offenders from child safety zones in the municipality.

Section 1:

This section adds a new section, 341.906, to Subchapter Z, Chapter 341, Local Government Code.

Subsection 341.906(a):

Defines the terms used in the section, such as "Child safety zone" and "Registered sex offender".

Subsection 341.906(b):

Allows the governing body of a general-law municipality to pass an ordinance that restricts a registered sex offender from entering or being within a certain distance of a child safety zone in the municipality. This is done in order to ensure public safety.

Subsection 341.906(c):

States that it is a defense to prosecution under the ordinance if the registered sex offender was within the specified distance of a child safety zone for a legitimate purpose. Examples of legitimate purposes include transportation of a child the offender is legally permitted to be with, transportation to and from work, and other work-related purposes.

Subsection 341.906(d):

Allows the ordinance to specify a distance requirement for the registered sex offender, but it cannot be more than 1,000 feet.

Subsection 341.906(e):

Allows the ordinance to establish procedures for a registered sex offender to apply for and receive an exemption from the ordinance.

Subsection 341.906(f):

Requires the ordinance to exempt a registered sex offender who has established residency within the specified distance of a child safety zone before the date the ordinance is adopted. The exemption only applies to areas necessary for the offender to access and live in their residence for the period they maintain residency.

Section 2:

Specifies the effective date of the Act. If it receives a vote of two-thirds of all the members elected to each house, it will take effect immediately. Otherwise, it will take effect on September 1, 2017.

Rep. Byron Cook

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