HB2749 - 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.

  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.