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  By: Rodríguez S.B. No. 1828
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to treatment and registration of juveniles adjudicated for
  a sexual offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1. Article 62.001, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subdivisions (5) and (10) and
  adding Subdivision (5-a) to read as follows:
               (5)  "Reportable conviction [or adjudication]" means a
  conviction [or adjudication, including an adjudication of
  delinquent conduct] or a deferred adjudication, that, regardless of
  the pendency of an appeal, is a conviction for or [an adjudication
  for or] based on:
                     (A) a violation of Section 21.02 (Continuous
  sexual abuse of young child or children), 21.11 (Indecency with a
  child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
  assault), or 25.02 (Prohibited sexual conduct), Penal Code;
                     (B) a violation of Section 43.05 (Compelling
  prostitution), 43.25 (Sexual performance by a child), or 43.26
  (Possession or promotion of child pornography), Penal Code;
                     (B-1)  a violation of Section 43.02
  (Prostitution), Penal Code, if the offense is punishable under
  Subsection (c)(3) of that section;
                     (C)  a violation of Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the actor committed the
  offense or engaged in the conduct with intent to violate or abuse
  the victim sexually;
                     (D)  a violation of Section 30.02 (Burglary),
  Penal Code, if the offense or conduct is punishable under
  Subsection (d) of that section and the actor committed the offense
  or engaged in the conduct with intent to commit a felony listed in
  Paragraph (A) or (C);
                     (E)  a violation of Section 20.02 (Unlawful
  restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
  Penal Code, if, as applicable:
                           (i)  the judgment in the case contains an
  affirmative finding under Article 42.015; or
                           (ii)  the order in the hearing or the papers
  in the case contain an affirmative finding that the victim or
  intended victim was younger than 17 years of age;
                     (F)  the second violation of Section 21.08
  (Indecent exposure), Penal Code, but not if the second violation
  results in a deferred adjudication;
                     (G)  an attempt, conspiracy, or solicitation, as
  defined by Chapter 15, Penal Code, to commit an offense or engage in
  conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
                     (H)  a violation of the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
  (G), (J), or (K), but not if the violation results in a deferred
  adjudication;
                     (I)  the second violation of the laws of another
  state, federal law, the laws of a foreign country, or the Uniform
  Code of Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of the offense of indecent exposure, but not if the second violation
  results in a deferred adjudication;
                     (J)  a violation of Section 33.021 (Online
  solicitation of a minor), Penal Code; or
                     (K)  a violation of Section 20A.02(a)(3), (4),
  (7), or (8) (Trafficking of persons), Penal Code.
               (5-a) “Reportable adjudication” has the meaning
  assigned by Section 54A.01(2), Family Code.
               (10)  "Extrajurisdictional registrant" means a person
  who:
                     (A)  is required to register as a sex offender
  under:
                           (i)  the laws of another state with which the
  department has entered into a reciprocal registration agreement;
                           (ii)  federal law or the Uniform Code of
  Military Justice; or
                           (iii)  the laws of a foreign country; and
                     (B)  is not otherwise required to register under
  this chapter because:
                           (i)  the person does not have a reportable
  conviction for an offense under the laws of the other state, federal
  law, the laws of the foreign country, or the Uniform Code of
  Military Justice containing elements that are substantially
  similar to the elements of an offense requiring registration under
  this chapter[; or
                           (ii)     the person does not have a reportable
  adjudication of delinquent conduct based on a violation of an
  offense under the laws of the other state, federal law, or the laws
  of the foreign country containing elements that are substantially
  similar to the elements of an offense requiring registration under
  this chapter].
         SECTION 2. Article 62.002, Chapter 62, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 62.002.  APPLICABILITY OF CHAPTER. (a) This chapter
  applies only to a reportable conviction [or adjudication] occurring
  on or after September 1, 1970 or an order to register under Chapter
  54A, Family Code.
         (b)  Except as provided by Subsection (c), the duties imposed
  on a person required to register under this chapter on the basis of
  a reportable conviction or order to register under Chapter 54A,
  Family Code [adjudication], and the corresponding duties and powers
  of other entities in relation to the person required to register on
  the basis of that conviction, or order to register under Chapter
  54A, Family Code [adjudication], are not affected by:
               (1)  an appeal of the conviction or of the reportable
  adjudication the subject of an order to register under Chapter 54A,
  Family Code; or
               (2)  a pardon of the conviction or of the reportable
  adjudication the subject of an order to register under Chapter 54A.
         (c)  If a conviction or reportable adjudication the subject
  of an order to register under Chapter 54A, Family Code
  [adjudication] that is the basis of a duty to register under this
  chapter is set aside on appeal by a court or if the person required
  to register under this chapter on the basis of a conviction or
  reportable adjudication the subject of an order to register under
  Chapter 54A, Family Code receives a pardon on the basis of
  subsequent proof of innocence, the duties imposed on the person by
  this chapter and the corresponding duties and powers of other
  entities in relation to the person are terminated.
         SECTION 3. Article 62.005, Chapter 62, Code of Criminal
  Procedure is amended by amending Subsection (b) to read as follows:
          (b)  The information contained in the database, including
  the numeric risk level assigned to a person under this chapter, is
  public information, with the exception of any information:
               (1)  regarding the person's social security number or
  driver's license number, or any home, work, or cellular telephone
  number of the person;
               (2)  that is described by Article 62.051(c)(7) or
  required by the department under Article 62.051(c)(8), including
  any information regarding an employer's name, address, or telephone
  number; [or]
               (3)  that would identify the victim of the offense for
  which the person is subject to registration; or
               (4) that pertains to a person whose duty to register
  results from an order to register under Chapter 54A, Family Code.
         SECTION 4. Article 62.007, Chapter 62, Code of Criminal
  Procedure is amended by amending Subsection (g) to read as follows:
         (g)  The numeric risk level assigned to a person required to
  register on the basis of a reportable conviction, using the sex
  offender screening tool described by this article is not
  confidential and is subject to disclosure under Chapter 552,
  Government Code.
         SECTION 5. Article 62.051, Chapter 62, Code of Criminal
  Procedure is amended by amending Subsections (a) and (i) to read as
  follows:
         Art. 62.051.  REGISTRATION:  GENERAL. (a) A person who has
  a reportable conviction or has been ordered to register under
  Chapter 54A, Family Code [adjudication] or who is required to
  register as a condition of parole, release to mandatory
  supervision, or community supervision shall register or, if the
  person is a person for whom registration is completed under this
  chapter, verify registration as provided by Subsection (f), with
  the local law enforcement authority in any municipality where the
  person resides or intends to reside for more than seven days.  If
  the person does not reside or intend to reside in a municipality,
  the person shall register or verify registration in any county
  where the person resides or intends to reside for more than seven
  days.  The person shall satisfy the requirements of this subsection
  not later than the later of:
               (1)  the seventh day after the person's arrival in the
  municipality or county; or
               (2)  the first date the local law enforcement authority
  of the municipality or county by policy allows the person to
  register or verify registration, as applicable.
         (i) If the other state has a registration requirement for sex
  offenders, a person who has a reportable conviction, or reportable
  adjudication, who resides in this state, and who is employed,
  carries on a vocation, or is a student in another state shall, not
  later than the 10th day after the date on which the person begins to
  work or attend school in the other state, register with the law
  enforcement authority that is identified by the department as the
  authority designated by that state to receive registration
  information.  If the person is employed, carries on a vocation, or
  is a student at a public or private institution of higher education
  in the other state and if an authority for campus security exists at
  the institution, the person shall also register with that authority
  not later than the 10th day after the date on which the person
  begins to work or attend school.
         SECTION 6. Article 62.052, Chapter 62, Code of Criminal
  Procedure is amended by amending Subsection (a) to read as follows:
         Art. 62.052.  REGISTRATION:  EXTRAJURISDICTIONAL
  REGISTRANTS. (a) An extrajurisdictional registrant is required to
  comply with the annual verification requirements of Article 62.058
  in the same manner as a person who is required to verify
  registration on the basis of a reportable conviction or an order to
  register under Chapter 54A, Family Code [adjudication].
         SECTION 7. Article 62.053, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsections (a) and (d) to read as
  follows:
         Art. 62.053.  PRERELEASE NOTIFICATION. (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;
               (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.
         (d)  If a person who has a reportable conviction described by
  Article 62.001(5)(H) or (I) is placed under the supervision of the
  parole division of the Texas Department of Criminal Justice or a
  community supervision and corrections department under Section
  510.017, Government Code, the division or community supervision and
  corrections department shall conduct the prerelease notification
  and registration requirements specified in this article on the date
  the person is placed under the supervision of the division or
  community supervision and corrections department.  If a person who
  is required to register under Chapter 54A, Family Code [has a
  reportable adjudication of delinquent conduct described by Article
  62.001(5)(H) or (I)] is[, as permitted by Section 60.002, Family
  Code,] placed under the supervision of the Texas Juvenile Justice
  Department [Youth Commission], a public or private vendor operating
  under contract with the Texas Juvenile Justice Department [Youth
  Commission], a local juvenile probation department, or a juvenile
  secure pre-adjudication or post-adjudication facility, the
  commission, vendor, probation department, or facility shall
  conduct the prerelease notification and registration requirements
  specified in this article on the date the person is placed under the
  supervision of the commission, vendor, probation department, or
  facility.
         SECTION 8. Article 62.054, Chapter 62, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO
  SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law
  enforcement authority shall provide notice to the superintendent
  and each administrator under Article 62.053(e) or 62.055(f) only
  if:
               (1)  the victim was at the time of the offense a child
  younger than 17 years of age or a student enrolled in a public or
  private secondary school;
               (2)  the person subject to registration is a student
  enrolled in a public or private secondary school; or
               (3)  the basis on which the person is subject to
  registration is a conviction, a deferred adjudication, or an order
  to register under Chapter 54A, Family Code [adjudication of
  delinquent conduct] for an offense under Section 43.25 or 43.26,
  Penal Code, or an offense under the laws of another state, federal
  law, or the Uniform Code of Military Justice that contains elements
  substantially similar to the elements of an offense under either of
  those sections.
         (b)  A local law enforcement authority may not provide notice
  to the superintendent or any administrator under Article 62.053(e)
  or 62.055(f) if the basis on which the person is subject to
  registration is a conviction, a deferred adjudication, or an order
  to register under Chapter 54A, Family Code [adjudication of
  delinquent conduct] for an offense under Section 25.02, Penal Code,
  or an offense under the laws of another state, federal law, or the
  Uniform Code of Military Justice that contains elements
  substantially similar to the elements of an offense under that
  section.
         SECTION 9. Article 62.056, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsection (c) to read as
  follows:
         (c)  The department shall establish procedures for a person
  with respect to whom notice is provided under Subsection (a), other
  than a person subject to registration on the basis of an order to
  register under Chapter 54A, Family Code [adjudication of delinquent
  conduct], to pay to the department all costs incurred by the
  department in providing the notice. The person shall pay those
  costs in accordance with the procedures established under this
  subsection.
         SECTION 10. Article 62.062, Chapter 62, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 62.062.  LIMITATION ON NEWSPAPER PUBLICATION. A [(a)
  Except as provided by Subsection (b), a] local law enforcement
  authority may not publish notice in a newspaper or other periodical
  or circular concerning a person's registration under this chapter
  if the only basis on which the person is subject to registration is
  an order to register under Chapter 54A, Family Code [one or more
  adjudications of delinquent conduct.
         (b)     This article does not apply to a publication of notice
  under Article 62.056.
         SECTION 11. Article 62.063, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsections (b) to read as
  follows:
  Text of subsection effective on January 01, 2017
         (b)  A person subject to registration under this chapter
  because of a reportable conviction [or adjudication] for which an
  affirmative finding is entered under Article 42.015(b) or
  42A.105(a), as appropriate, may not, for compensation:
               (1)  operate or offer to operate a bus;
               (2)  provide or offer to provide a passenger taxicab or
  limousine transportation service;
               (3)  provide or offer to provide any type of service in
  the residence of another person unless the provision of service
  will be supervised; or
               (4)  operate or offer to operate any amusement ride.
         SECTION 12. Article 62.101, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsections (a), and (c) and
  adding Subsection (d) to read as follows:
         Art. 62.101.  EXPIRATION OF DUTY TO REGISTER. (a)  Except as
  provided by Subsection (b) and Subchapter I, the duty to register
  for a person ends when the person dies if the person has a
  reportable conviction [or adjudication, other than an adjudication
  of delinquent conduct,] for:
               (1)  a sexually violent offense;
               (2)  an offense under Section 20A.02(a)(3), (4), (7),
  or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
               (3)  an offense under Section 21.11(a)(2), Penal Code,
  if before or after the person is convicted or adjudicated for the
  offense under Section 21.11(a)(2), Penal Code, the person receives
  or has received another reportable conviction [or adjudication,
  other than an adjudication of delinquent conduct,] for an offense
  or conduct that requires registration under this chapter;
               (4)  an offense under Section 20.02, 20.03, or 20.04,
  Penal Code, if:
                     (A)  the judgment in the case contains an
  affirmative finding under Article 42.015 or, for a deferred
  adjudication, the papers in the case contain an affirmative finding
  that the victim or intended victim was younger than 17 years of age;
  and
                     (B)  before or after the person is convicted or
  adjudicated for the offense under Section 20.02, 20.03, or 20.04,
  Penal Code, the person receives or has received another reportable
  conviction [or adjudication, other than an adjudication of
  delinquent conduct,] for an offense or conduct that requires
  registration under this chapter; or
               (5)  an offense under Section 43.23, Penal Code, that
  is punishable under Subsection (h) of that section.
         (c)  Except as provided by Subchapter I, the duty to register
  for a person with a reportable conviction [or adjudication] for an
  offense other than an offense described by Subsection (a) ends[:
               (1)     if the person's duty to register is based on an
  adjudication of delinquent conduct, on the 10th anniversary of the
  date on which the disposition is made or the person completes the
  terms of the disposition, whichever date is later; or
               (2)     if the person's duty to register is based on a
  conviction or on an order of deferred adjudication,] on the 10th
  anniversary of the date on which the court dismisses the criminal
  proceedings against the person and discharges the person, the
  person is released from a penal institution, or the person
  discharges community supervision, whichever date is later.
         (d) Except as provided by Chapter 54A, the duty to register
  for a person ordered to register under Chapter 54A, Family Code,
  ends on the 5th anniversary of the date on which the disposition
  order is entered or the person completes the terms of the
  disposition, whichever is later.
         SECTION 13. Article 62.152, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsections (a) and (e) to read as
  follows:
         Art. 62.152.  REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
  (a) A person is subject to this subchapter and, except as otherwise
  provided by this article, to the other subchapters of this chapter
  if the person:
               (1)  has a reportable conviction or is ordered to
  register under Chapter 54A, Family Code [adjudication];
               (2)  resides in another state; and
               (3)  is employed, carries on a vocation, or is a student
  in this state.
         (e)  Notwithstanding Subsection (a), this article does not
  apply to a person who has a reportable conviction [or
  adjudication], who resides in another state, and who is employed,
  carries on a vocation, or is a student in this state if the person
  establishes another residence in this state to work or attend
  school in this state.  However, that person remains subject to the
  other articles of this chapter based on that person's residence in
  this state.
         SECTION 14. Article 62.301, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsection (b) to read as
  follows:
  Text of subsection effective on January 01, 2017
         (b)  A person is eligible to petition the court as described
  by Subsection (a) if:
               (1)  the person is required to register only as a result
  of a single reportable conviction [or adjudication, other than an
  adjudication of delinquent conduct]; and
               (2)  the court has entered in the appropriate judgment
  or has filed with the appropriate papers a statement of an
  affirmative finding described by Article 42.017 or 42A.105(c).
         SECTION 15. Article 62.402, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsections (a), (b), and (c) to
  read as follows:
         Art. 62.401. DEFINITION. In this subchapter, "council" means
  the Council on Sex Offender Treatment.
         Art. 62.402.  DETERMINATION OF MINIMUM REQUIRED REGISTRATION
  PERIOD. (a) The department by rule shall determine the minimum
  required registration period under federal law for each reportable
  conviction under this chapter, or reportable adjudication the basis
  for an order to register under Chapter 54A, Family Code [under this
  chapter].
         (b) After determining the minimum required registration
  period for each reportable conviction or reportable adjudication
  under Subsection (a), the department shall compile and publish a
  list of reportable convictions, and shall compile a nonpublic list
  of [or] reportable adjudications the subject of an order to
  register under Chapter 54A for which a person must register under
  this chapter for a period that exceeds the minimum required
  registration period under federal law.
         (c) To the extent possible, the department shall periodically
  verify with the United States Department of Justice's Office of Sex
  Offender Sentencing, Monitoring, Apprehending, Registering, and
  Tracking or another appropriate federal agency or office the
  accuracy of the list of reportable convictions or reportable
  adjudications described by Subsection (b).
         SECTION 16. Article 62.403, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsections (a) and (b) to read as
  follows:
         Art. 62.403.  INDIVIDUAL RISK ASSESSMENT. (a) The council
  by rule shall establish, develop, or adopt an individual risk
  assessment tool or a group of individual risk assessment tools
  that:
               (1)  evaluates the criminal history of a person
  required to register under this chapter; and
               (2)  seeks to predict:
                     (A)  the likelihood that the person will engage in
  criminal activity that may result in the person receiving a second
  or subsequent reportable [adjudication or] conviction; and
                     (B)  the continuing danger, if any, that the
  person poses to the community.
         (b)  On the written request of a person with a single
  reportable [adjudication or] conviction that appears on the list
  published under Article 62.402(b), the council shall:
               (1)  evaluate the person using the individual risk
  assessment tool or group of individual risk assessment tools
  established, developed, or adopted under Subsection (a); and
               (2)  provide to the person a written report detailing
  the outcome of an evaluation conducted under Subdivision (1).
         SECTION 17. Article 62.404, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsections (a) and (b) to read as
  follows:
         Art. 62.404.  MOTION FOR EARLY TERMINATION. (a) A person
  required to register under this chapter who has requested and
  received an individual risk assessment under Article 62.403 may
  file with the trial court that sentenced the person for the
  reportable conviction [or adjudication] a motion for early
  termination of the person's obligation to register under this
  chapter.
         (b)  A motion filed under this article must be accompanied
  by:
               (1)  a written explanation of how the reportable
  conviction [or adjudication] giving rise to the movant's
  registration under this chapter qualifies as a reportable
  conviction [or adjudication] that appears on the list published
  under Article 62.402(b); and
               (2)  a certified copy of a written report detailing the
  outcome of an individual risk assessment evaluation conducted under
  Article 62.403(b)(1).
         SECTION 18. Article 62.405, Chapter 62, Code of Criminal
  Procedure, is amended by amending Subsection (b) to read as
  follows:
         (b)  The court may not grant a motion filed under Article
  62.404 if:
               (1)  the motion is not accompanied by the documents
  required under Article 62.404(b); or
               (2)  the court determines that the reportable
  conviction [or adjudication] for which the movant is required to
  register under this chapter is not a reportable conviction [or
  adjudication] for which the movant is required to register for a
  period that exceeds the minimum required registration period under
  federal law.
         SECTION 19. Article 62.408, Chapter 62, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 62.408. NONAPPLICABILITY. This subchapter does not
  apply to a person without a reportable conviction [or adjudication]
  who is required to register as a condition of parole, release to
  mandatory supervision, or community supervision.
         SECTION 20. Section 37.302, Education Code, is amended by
  amending Subdivision (2) to read as follows:
         Sec. 37.302. Applicability.
         This subchapter:
         (1)  applies to a student who is required to register as a sex
  offender under Chapter 54A, Family Code or Chapter 62, Code of
  Criminal Procedure; and
         (2)  does not apply to a student who is no longer required to
  register as a sex offender under Chapter 54A, Family Code or Chapter
  62, Code of Criminal Procedure [, including a student who receives
  an exemption from registration under Subchapter H, Chapter 62, Code
  of Criminal Procedure, or a student who receives an early
  termination of the obligation to register under Subchapter I,
  Chapter 62, Code of Criminal Procedure].
         SECTION 21. Section 37.303, Education Code, is amended to
  read as follows:
               Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM
  REGULAR CLASSROOM.
         Notwithstanding any provision of Subchapter A, on receiving
  notice under Article 15.27, Code of Criminal Procedure, or Chapter
  62, Code of Criminal Procedure, that a student is required to
  register as a sex offender under that chapter, a school district may
  [shall] remove the student from the regular classroom and determine
  the appropriate placement of the student in the manner provided by
  this subchapter.
         SECTION 22. Section 37.305, Education Code, is redesignated
  as Section 37.304, Education Code and amended to read as follows:
         Sec. 37.304 [37.305]. PLACEMENT OF REGISTERED SEX OFFENDER
  [WHO IS NOT UNDER COURT SUPERVISION].
         A school district may place a student to whom this subchapter
  applies [and who is not under any form of court supervision] in the
  appropriate alternative education program as provided by Section
  37.309 for one semester or in the regular classroom. The district
  may not place the student in the regular classroom if the district
  board of trustees determines that the student’s presence in the
  regular classroom: (1) threatens the safety of other students or
  teachers;
               (2) will be detrimental to the educational process; or
               (3) is not in the best interests of the district’s
  students.
         SECTION 23. Section 37.306, Education Code, is redesignated
  as Section 37.305, Education Code and amended by amending
  Subsection (a) to read as follows:
               Sec. 37.305 [37.306]. REVIEW OF PLACEMENT IN
  ALTERNATIVE EDUCATION PROGRAM.
         (a) At the end of the first semester of a student’s placement
  in an alternative education program under Section 37.304 [or
  37.305], the school district board of trustees shall convene a
  committee to review the student’s placement in the alternative
  education program. The committee must be composed of: (1) a
  classroom teacher from the campus to which the student would be
  assigned were the student not placed in an alternative education
  program;
         (2) the student’s parole or probation officer or, in the case
  of a student who does not have a parole or probation officer, a
  representative of the local juvenile probation department;
         (3) an instructor from the alternative education program to
  which the student is assigned;
         (4) a school district designee selected by the board of
  trustees; and
         (5) a school counselor employed by the school district.
         SECTION 24. Section 37.307, Education Code, is redesignated
  as Section 37.306, Education Code and amended by amending
  Subsection (b) to read as follows:
         Sec. 37.306 [37.307]. PLACEMENT AND REVIEW OF STUDENT WITH
  DISABILITY.
         (b) The review under Section 37.305 [37.306] of the
  placement of a student with a disability who receives special
  education services may be made only by a duly constituted
  admission, review, and dismissal committee. The admission, review,
  and dismissal committee may request that the board of trustees
  convene a committee described by Section 37.305(a) [37.306(a)] to
  assist the admission, review, and dismissal committee in conducting
  the review.
         SECTION 25. Section 37.308, Education Code, is redesignated
  as Section 37.307, Education Code and amended to read as follows:
         Sec. 37.307 [37.308]. TRANSFER OF REGISTERED SEX OFFENDER.
         Except as provided by Section 37.304(b), a school district
  shall determine whether to place a student to whom this subchapter
  applies and who transfers to the district in the appropriate
  alternative education program as provided by Section 37.308
  [37.309] or in a regular classroom. The school district shall
  follow the procedures specified under Section 37.305 [37.306] in
  making the determination.
         SECTION 26. Section 37.309, Education Code, is redesignated
  as Section 37.308, Education Code.
         SECTION 27. Section 51.073(d-1), Family Code, is amended to
  read as follows:
         (d-1) On the final transfer of a case involving a child who
  has been adjudicated as having committed an offense for which
  registration is [required] ordered under Chapter [62, Code of
  Criminal Procedure] 54A, the receiving county shall have
  jurisdiction to conduct a hearing under that chapter. This
  subsection does not prohibit the receiving county juvenile court
  from considering the written recommendations of the sending county
  juvenile court.
         SECTION 28. Section 54.03, Family Code, is amended by adding
  Subsection (k) to read as follows:
         (k) If the court or jury found at the conclusion of the
  adjudication hearing that the child engaged in delinquent conduct
  that constitutes a reportable adjudication under Section
  54A.01(2), the child is not required to register as a sex offender
  unless there is a court order requiring registration under Chapter
  54A.
         SECTION 29. Section 54.0405, Family Code, is amended by
  amending Subsections (a), (b), (c), (g), and (i) and adding
  Subsections (j) to read as follows:
         Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT
  CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a
  disposition under Section 54.04 in which a child described by
  Subsection (b) is placed on probation the court:
               (1) may require as a condition of probation that the
  child:
                     (A) attend and successfully complete sex offender
  treatment [, psychological counseling sessions for sex offenders]
  as provided by Subsection (e); and
                     (B) submit to a polygraph examination as provided
  by Subsection (f) for purposes of evaluating the child's treatment
  progress; and
               (2) shall require as a condition of probation that the
  child [:
                     (A)     register under Chapter 62, Code of Criminal
  Procedure; and
                     (B)] submit a blood sample or other specimen to
  the Department of Public Safety under Subchapter G, Chapter 411,
  Government Code, for the purpose of creating a DNA record of the
  child, unless the child has already submitted the required specimen
  under other state law.
         (b) This section applies to a child placed on probation for
  conduct constituting an offense for which the child is ordered
  [required] to register as a sex offender under [this] Chapter 54A
  [62, Code of Criminal Procedure].
         (c) Sex offender treatment [Psychological counseling]
  required as a condition of probation under Subsection (a) must be
  with an individual or organization that:
               (1)  provides sex offender treatment [or counseling];
               (2) is a sex offender treatment provider, as defined by
  Section 110.001(7), Occupations Code, specified by the local
  juvenile probation department supervising the child; and
               (3) meets minimum standards of sex offender treatment
  [counseling] established by the local juvenile probation
  department in accordance with guidelines established by the council
  on sex offender treatment providers and licensing or registry
  standards.
         (g) A court that requires [as a condition of probation] that a
  child attend sex offender treatment [psychological counseling]
  under Subsection (a) may order the parent or guardian of the child
  to:
               (1) attend four sessions of instruction with an
  individual or organization specified by the court relating to:
                     (A)  sexual offenses;
                     (B)  family communication skills;
                     (C)  sex offender treatment;
                     (D)  victims' rights;
                     (E)  parental supervision; and
                     (F)  appropriate sexual behavior; and
               (2) during the period the child attends sex offender
  treatment [psychological counseling], participate in monthly
  treatment groups conducted by the child's treatment provider
  relating to the child's sex offender treatment [psychological
  counseling].
         (i) A court that requires as a condition of probation that a
  child attend sex offender treatment [psychological counseling
  under Subsection (a) may, before the date the probation period
  ends, extend the probation for any additional period necessary to
  complete the required treatment [counseling] as determined by the
  treatment provider, except that the probation may not be extended
  to a date after the date of the child's 18th birthday, or 19th
  birthday if the child is placed on determinate sentence probation
  under Section 54.04(q).
         (j) A court that requires that a child attend sex offender
  treatment under Subsection (a) shall require the individual or
  organization specified by the court to promptly provide upon
  request by the prosecuting attorney, the child’s attorney or the
  juvenile probation department a copy of a report that:
               (1) describes the treatment of the child provided by the
  individual or organization; and
               (2) states the opinion of the treatment provider
  whether the child would benefit from further treatment, or should
  be successfully or unsuccessfully discharged from further
  treatment.
         SECTION 30. Section 54.0501, Family Code, is amended by
  amending Subsections (g) and (h) to read as follows:
         (g) If the juvenile court places the child on probation for an
  offense for which registration as a sex offender may be ordered
  under Chapter 54A [is required by Chapter 62, Code of Criminal
  Procedure, and defers the registration requirement until
  completion of treatment for the sex offense under Subchapter H,
  Chapter 62, Code of Criminal Procedure], the authority to enter
  orders under Chapter 54A [under that article to reexamine the need
  for registration on completion of treatment] is transferred to the
  court to which probation is transferred.
         (h) If the juvenile court places the child on probation for an
  offense for which registration as a sex offender may be ordered
  under Chapter 54A [is required by Chapter 62, Code of Criminal
  Procedure], and the child registers, the authority of the court to
  order early termination of registration [excuse further compliance
  with the registration requirement] under Section 54A [Subchapter H,
  Chapter 62, Code of Criminal Procedure], is transferred to the
  court to which probation is transferred.
         SECTION 31. Title 3, Family Code, is amended by adding
  Chapter 54A to read as follows:
  CHAPTER 54A. JUVENILE SEX OFFENDER REGISTRATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 54A.01. DEFINITIONS. In this chapter:
         (1)  “Public or private institution of higher education”
  includes a college, university, community college, or technical or
  trade institute.
         (2)   “Reportable adjudication” means an adjudication of
  delinquent conduct that, regardless of the pendency of an appeal,
  is an adjudication based on:
         (A) a violation of Section 21.02 (Continuous sexual abuse of
  young child or children), 21.11 (Indecency with a child), 22.011
  (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02
  (Prohibited sexual conduct), Penal Code;
         (B) a violation of Section 43.05 (Compelling prostitution),
  43.25 (Sexual performance by a child), or 43.26 (Possession or
  promotion of child pornography), Penal Code;
         (C) a violation of Section 20.04(a)(4) (Aggravated
  kidnapping), Penal Code, if the actor committed the offense or
  engaged in the conduct with intent to violate or abuse the victim
  sexually;
         (D) a violation of Section 30.02 (Burglary), Penal Code, if
  the offense or conduct is punishable under Subsection (d) of that
  section and the actor committed the offense or engaged in the
  conduct with intent to commit a felony listed in Paragraph (A) or
  (C);
         (E) the second violation of Section 21.08 (Indecent
  exposure), Penal Code;
         (F) an attempt, conspiracy, or solicitation, as defined by
  Chapter 15, Penal Code, to commit an offense or engage in conduct
  listed in Paragraph (A), (B), (C), (D), or (J);
         (G) a violation of the laws of another state, federal law, the
  laws of a foreign country for or based on the violation of an
  offense containing elements that are substantially similar to the
  elements of an offense listed under Paragraph (A), (B), (C), (D),
  (F), (I), or (J);
         (H) the second violation of the laws of another state,
  federal law, the laws of a foreign country for or based on the
  violation of an offense containing elements that are substantially
  similar to the elements of the offense of indecent exposure;
         (I) a violation of Section 33.021 (Online solicitation of a
  minor), Penal Code; or
         (J) a violation of Section 20A.02(a)(3), (4), (7), or (8)
  (Trafficking of persons), Penal Code.
  SUBCHAPTER B. JUVENILE SEX OFFENDER REGISTRATION
         Sec. 54A.02. MOTION AND HEARING ON SEX OFFENDER REGISTRATION.
  (a) After a disposition hearing for a reportable offense described
  in 54A.01(2), the prosecuting attorney may file a written motion
  requesting a hearing to require the child to register as a sex
  offender:
               (1) upon receipt of a report described in Section
  54.0405(j) or 245.053(j), Human Resources Code from a licensed sex
  offender treatment provider, as that term is defined in Section
  110.001(7), Occupations Code, that the child has been
  unsuccessfully discharged from sex offender treatment; or
               (2) if the child has been adjudicated to have engaged in
  delinquent conduct for an offense listed in Section 54A.01(2),
  subsequent to a prior adjudication for an offense listed in Section
  54A.01(2) for which the child has had an opportunity to complete
  court-ordered sex offender treatment.
         (b) A hearing under this Chapter is without a jury, and the
  burden of persuasion is on the prosecuting attorney to show by a
  preponderance of evidence that:
               (1) the protection of the public would be increased by
  registration under this section; and
               (2) any increase in protection of the public resulting
  from registration of the child clearly outweighs the anticipated
  substantial harm to the child and the child’s family that would
  result from registration under this Chapter.
         (c) Reasonable notice of a hearing to require sex offender
  registration shall be given to all parties.
         (d) The court at the hearing shall:
               (1) consider all relevant evidence, including but not
  limited to:
                     (i) the commission by the child of any other
  sexual offense listed in Section 54A.01(2);
                     (ii) the conduct of the child in the commission of
  the offense or offenses which are the subject of the adjudication;
                     (iii) any physical, mental or emotional harm to
  the victim as a result of the child’s conduct;
                     (iv) the age of the child at the time of the
  commission of the offense or offenses; and
               (2) make its determination based on:
                     (i) the receipt of exhibits;
                     (ii) the testimony of witnesses;
                     (iii) representations of counsel for the parties;
  or
                     (iv) the contents of a social history report
  prepared by the juvenile probation department that may include the
  results of testing and examination of the child by a psychologist,
  psychiatrist, or counselor.
         (e) All written matter considered by the court shall be
  disclosed to all parties as provided by Section 54.04(b).
         Sec. 54A.03. ORDER GENERALLY. (a) After a hearing under
  Section 54A.02, if the court determines that the protection of the
  public would be increased by registration under this Chapter and
  any increase in protection of the public resulting from
  registration of the child clearly outweighs the anticipated
  substantial harm to the child and the child’s family that would
  result from registration under this section, the court shall enter
  an order requiring a child to register as a sex offender in
  accordance with the registration procedures set out in Chapter 62,
  Code of Criminal Procedure, but providing that the registration
  information is not public information and is restricted to use by
  law enforcement and criminal justice agencies, the Council on Sex
  Offender Treatment, the Department of Family and Protective
  Services, and public or private institutions of higher education
  and may not be posted on the internet or released to the public in
  any manner.
         (b) After a hearing under this Chapter, if the court finds the
  prosecuting attorney has not met its burden regarding registration,
  the court shall enter an order so stating and the child shall not be
  required to register.
  SUBCHAPTER C. REGISTRATION FOR CERTAIN PERSONS
         Sec. 54A.04. PERSONS ALREADY REGISTERED. A person who has
  registered under Chapter 62, Code of Criminal Procedure as a sex
  offender for an adjudication of delinquent conduct prior to
  September 1, 2017 and whose registration is on a public registry,
  shall be automatically removed from the public registry and that
  person’s registration shall become nonpublic.
         Sec. 54A.05. MOTION, HEARING, AND ORDER CONCERNING PERSON
  WITH AN OUT-OF-STATE ADJUDICATION. The prosecuting attorney may
  file a motion requesting sex offender registration of a person with
  an out-of-state adjudication for an offense listed in Section
  54A.01(2). The motion may be filed in the juvenile court of the
  person's county of residence. On receipt of a motion under this
  subsection, the juvenile court shall conduct a hearing and make
  rulings as in other cases under 54A.02.
  SUBCHAPTER D. APPEAL OF CERTAIN ORDERS
         Sec. 54A.06. APPEAL OF CERTAIN ORDERS. (a) Notwithstanding
  Section 56.01, Family Code, on entry by a juvenile court of an order
  under Section 54A.03(b) or Section 54A.05(a) denying the state’s
  motion to require registration, the prosecuting attorney may appeal
  that order by giving notice of appeal within the time required under
  Rule 26.2(b), Texas Rules of Appellate Procedure. The appeal is
  civil and the standard of review in the appellate court is whether
  the juvenile court committed procedural error or abused its
  discretion in exempting the person from registration under this
  chapter. The appeal is limited to review of the order denying the
  person from registration under this chapter and may not include any
  other issues in the case.
         (b) A child may under Section 56.01, Family Code, appeal a
  juvenile court's order under Section 54A.03(a) requiring
  registration in the same manner as the appeal of any other legal
  issue in the case. The standard of review in the appellate court is
  whether the juvenile court committed procedural error or abused its
  discretion in ordering registration.
  SUBCHAPTER E. EARLY TERMINATION OF OBLIGATION TO REGISTER
         Sec. 54A.07. DEFINITION. In this subchapter, “council” means
  the Council on Sex Offender Treatment.
         Sec. 54A.08. INDIVIDUAL RISK ASSESSMENT. (a) The council by
  rule shall establish, develop, or adopt an individual risk
  assessment tool or a group of individual risk assessment tools
  that:
               (1) evaluates the criminal history of a person required
  to register under this chapter; and
               (2) seeks to predict:
                     (A) the likelihood that the person will engage in
  criminal activity that may result in the person receiving a second
  or subsequent reportable adjudication; and
                     (B) the continuing danger, if any, that the person
  poses to the community.
         (b) On the written request of a person with a single
  reportable adjudication that appears on the nonpublic list compiled
  by the Department of Public Safety under Article 62.402(b), the
  council shall:
               (1) evaluate the person using the individual risk
  assessment tool or group of individual risk assessment tools
  established, developed, or adopted under Subsection (a); and
               (2) provide to the person a written report detailing the
  outcome of an evaluation conducted under Subdivision (1).
         Sec. 54A.09. MOTION FOR EARLY TERMINATION OF OBLIGATION TO
  REGISTER. A person ordered to register under this Chapter for a
  reportable adjudication, who has requested and received an
  individual risk assessment under Section 54A.08, may file a motion
  for early termination of the person’s obligation to register under
  this Chapter with the juvenile court that adjudicated the person.
         (a)  A motion filed under this section must be accompanied
  by:
               (1)  A written explanation of how the reportable
  adjudication giving rise to the person’s registration under this
  Chapter qualifies as a reportable adjudication; and
               (2)  A certified copy of a written report detailing the
  outcome of an individual risk assessment evaluation conducted in
  accordance with Section 54A.08.
         Sec. 54A.10. HEARING ON PETITION. (a) After reviewing a
  motion filed with the juvenile court under Section 54A.09, the
  court may:
               (1)  deny without a hearing the person’s request for
  early termination; or
               (2)  hold a hearing on the motion to determine whether
  to grant or deny the motion.
         (b) The court may not grant a motion filed under Section
  54A.09 if:
               (1) the motion is not accompanied by the documents
  required under Section 54A.09; or
               (2) the court determines that the reportable
  adjudication for which the person is ordered or required to
  register under this Chapter is not a reportable adjudication for
  which the person is required to register for a period that exceeds
  the minimum required registration period under federal law.
         Sec. 54A.11. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF
  COURT. A person required to register under this Chapter who files a
  motion for early termination of the person’s registration
  obligation under this Chapter is responsible for and shall remit to
  the Council on Sex Offender Treatment and to the court, as
  applicable, all costs associated with and incurred by the council
  in providing the individual risk assessment or by the court in
  holding a hearing under Section 54A.10.
         Sec. 54A.12. EFFECT OF ORDER GRANTING EARLY TERMINATION. (a)
  If, after notice to the person and to the prosecuting attorney and a
  hearing, the court grants a motion filed under Section 54A.09 for
  early termination of a person’s obligation to register under this
  Chapter, the person’s obligation to register under this Chapter
  ends on the later of:
               (1)  the date the court enters the order of early
  termination; or
               (2)  the date the person has paid each cost described by
  Section 54A.11.
         (b) If the court grants a motion filed under Section 54A.09
  for early termination of a person’s obligation to register under
  this Chapter, all conditions of the person’s parole, release to
  mandatory supervision, or community supervision shall be modified
  in accordance with the court’s order.
  SUBCHAPTER F. CONFLICT OF LAW
         Sec. 54A.11 CONFLICT OF LAW. In the event of a conflict
  between this Chapter and a provision of Chapter 62, Government
  Code, the provisions of this Chapter shall prevail.
         SECTION 32. Section 58.003(n), Family Code is amended to read
  as follows:
         (n) A record created or maintained under Chapter 62, Code of
  Criminal Procedure as a result of registration based on an order
  issued under Chapter 54A, may not be sealed under this section if
  the person who is the subject of the record has a continuing
  obligation to register under Chapter 62, Code of Criminal Procedure
  [that chapter].
         SECTION 33. Section 411.1473, Government Code is amended by
  amending Subsection (a) to read as follows:
          Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX
  OFFENDERS. (a) This section applies only to a person who is
  required to register under Chapter 62, Code of Criminal Procedure
  as a result of a reportable conviction under that Chapter or a
  person who is ordered to register under Chapter 54A, Family Code.
         SECTION 34. Section 245.053, Human Resources Code, is amended
  by amending Subsections (a), (b), (c), (g), and (i) and adding
  Subsection (j) to read as follows:
  Sec. 245.053. SEX OFFENDER COUNSELING AND TREATMENT. (a) Before
  releasing a child described by Subsection (b) under supervision,
  the department:
  (1) may require as a condition of release that the child:
  (A) attend and successfully complete sex offender treatment,
  [psychological counseling sessions for sex offenders] as provided
  by Subsection (e); and
  (B) submit to a polygraph examination as provided by Subsection (f)
  for purposes of evaluating the child's treatment progress; and
  (2) shall require as a condition of release that the child[:
  (A) register under Chapter 62, Code of Criminal Procedure; and
  (B)] submit a blood sample or other specimen to the Department of
  Public Safety under Subchapter G, Chapter 411, Government Code, for
  the purpose of creating a DNA record of the child, unless the child
  has already submitted the required specimen under other state law.
  (b) This section applies to a child adjudicated for engaging in
  delinquent conduct constituting an offense for which the child is
  ordered [required] to register as a sex offender under Chapter 54A,
  Family Code [62, Code of Criminal Procedure].
  (c) Sex offender treatment [Psychological counseling] required as
  a condition of release under Subsection (a) must be with an
  individual or organization that:
         (1) provides sex offender treatment or counseling;
         (2) is a sex offender treatment provider, as defined by
  Section 110.001(7), Occupations Code, specified by the department;
  and
         (3) meets minimum standards of counseling established by the
  department in accordance with the guidelines established by the
  council on sex offender treatment providers and licensing or
  registry standards.
  (g) If the department requires as a condition of release that a
  child attend sex offender treatment [psychological counseling]
  under Subsection (a), the department shall notify the court that
  committed the child to the department. After receiving
  notification from the department under this subsection, the court
  may order the parent or guardian of the child to:
  (1) attend four sessions of instruction with an individual or
  organization specified by the department relating to:
  (A) sexual offenses;
  (B) family communication skills;
  (C) sex offender treatment;
  (D) victims' rights;
  (E) parental supervision; and
  (F) appropriate sexual behavior; and
  (2) during the time the child attends sex offender treatment,
  [psychological counseling], participate in monthly treatment
  groups conducted by the child's treatment provider relating to the
  child's sex offender treatment [psychological counseling].
  (i) If the department requires as a condition of release that a
  child attend sex offender treatment [psychological counseling]
  under Subsection (a), the department may, before the date the
  period of release ends, petition the appropriate court to request
  the court to extend the period of release for an additional period
  necessary to complete the required sex offender treatment
  [counseling] as determined by the treatment provider, except that
  the release period may not be extended to a date after the date of
  the child's 18th birthday.
  (j) If the department requires as a condition of release that a
  child attend sex offender treatment under subsection (a), the
  department shall require the individual or organization specified
  by the department to promptly provide upon request of the
  department, the prosecuting attorney, or the child’s attorney, a
  copy of a report that:
         (1) describes the treatment of the child provided by the
  individual or organization; and
         (2) states the opinion of the treatment provider whether the
  child would benefit from further treatment, or should be
  successfully discharged from further treatment.
         SECTION 35. Section 110.001, Occupations Code, is amended by
  adding Subdivision (7-a) to read as follows:
               (7-a) “Sexual behavior educator/paraprofessional”
  means a person, licensed by the council and recognized based on
  training and experience to provide psychoeducational and
  skills-based interventions to juveniles with sexual behavior
  problems who have been adjudicated or referred to a state agency or
  a court.
         SECTION 36. Section 110.151, Occupations Code, is amended by
  amending Subdivision (3) and adding Subdivision (2-a) to read as
  follows:
         Sec. 110.151. TREATMENT FOR SEX OFFENDERS. The council
  shall:
               (1) develop treatment strategies for sex offenders by
  evaluating in-state and out-of-state programs for sex offender
  treatment;
               (2)  set standards for treatment of sex offenders that
  must be met by sex offender treatment providers to be eligible for a
  license under this chapter;
               (2-a) set standards for residential programs offering
  treatment to juveniles with sexual behavior problems; and
               (3)  recommend to licensing and regulatory boards and
  to the directors of current programs methods of improving
  residential programs to meet council standards.
         SECTION 37. Section 110.152, Occupations Code, is amended by
  amending Subsection (2)(A) and adding Subdivision (A-1) to read as
  follows:
         Sec. 110.152. LIST AND LICENSE REQUIREMENTS. The council
  shall:
               (1) maintain a list of sex offender treatment providers
  under Section 110.161; and
               (2) develop and implement by rule under Subchapter G:
                     (A) topic-specific training requirements for
  providers working with juveniles [license requirements]; [and]
                     (A-1) license requirements; and
                     (B) procedures for sex offender treatment
  providers.
         SECTION 38. Section 110.157, Occupations Code, is amended to
  read as follows:
         Sec. 110.157. CONTINUING EDUCATION PROGRAMS. The council
  shall design and conduct continuing education programs for sex
  offender treatment providers. Continuing education programs shall
  not serve as a substitute for the training curriculum required for
  initial licensure. Continuing education programs shall offer
  topics specific for specialized populations, including juveniles,
  females, and individuals with developmental or intellectual
  disabilities.
         SECTION 39. Section 110.164, Occupations Code, is amended by
  adding Subsection (c) to read as follows:
         (c) The council shall develop or adopt a dynamic risk
  assessment tool for use as part of an assessment battery to be
  administered in determining that a juvenile adjudicated for a
  sexual offense and ordered to register under Chapter 54A, Family
  Code, will be subject to registration requirements.
  SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE
         SECTION 40. Section 110.302, Occupations Code, is amended by
  amending Subsection (c) to read as follows:
         (c) The Texas Board of Criminal Justice may vote to exempt
  employees of the Texas Department of Criminal Justice from a
  specific licensing requirement imposed under this section if the
  board determines that the requirement causes financial or
  operational hardship on the agency. The Texas Juvenile Justice
  Department [Youth Commission] may not exempt any employee of the
  commission from a licensing requirement imposed by this section for
  any reason.
         (c) The governing board of the Texas Juvenile Justice
  Department [Youth Commission] may vote to exempt employees of the
  Texas Youth Commission from a specific licensing requirement
  imposed under this section if the board determines that the
  requirement causes financial or operational hardship on the agency.
  The Texas Board of Criminal Justice may not exempt any employee of
  the Texas Department of Criminal Justice from a licensing
  requirement imposed by this section for any reason.
         SECTION 41. Subchapter H, Chapter 62, Code of Criminal
  Procedure, is repealed.
         SECTION 42. Section 37.304, Education Code, as added by Acts
  2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15,
  2007, and as added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6),
  Sec. 3, eff. September 1, 2007, is repealed.
         SECTION 43. This Act takes effect September 1, 2017.