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  H.B. No. 1111
 
 
 
 
AN ACT
  relating to the child safety zone applicable to registered sex
  offenders and to certain other persons who are released on parole or
  to mandatory supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 508.187, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Notwithstanding Subsection (b)(1)(B), a requirement
  that a releasee not go in, on, or within a distance specified by a
  parole panel of certain premises does not apply to a releasee while
  the releasee is in or going immediately to or from:
               (1)  a parole office;
               (2)  premises at which the releasee is participating in
  a program or activity required as a condition of release;
               (3)  a residential facility in which the releasee is
  required to reside as a condition of release; 
               (4)  a private residence in which the releasee is
  required to reside as a condition of release; or
               (5)  any other premises, facility, or location that is:
                     (A)  designed to rehabilitate or reform the
  releasee; or
                     (B)  authorized by the division as a premises,
  facility, or location where it is reasonable and necessary for the
  releasee to be present and at which the releasee has legitimate
  business, including a church, synagogue, or other established place
  of religious worship, a workplace, a health care facility, or a
  location of a funeral.
         SECTION 2.  Section 508.225, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Notwithstanding Subsection (a)(2), a requirement that
  an inmate not go in, on, or within a distance specified by a parole
  panel of certain premises does not apply to an inmate while the
  inmate is in or going immediately to or from:
               (1)  a parole office;
               (2)  premises at which the inmate is participating in a
  program or activity required as a condition of release;
               (3)  a residential facility in which the inmate is
  required to reside as a condition of release; 
               (4)  a private residence in which the inmate is
  required to reside as a condition of release; or
               (5)  any other premises, facility, or location that is:
                     (A)  designed to rehabilitate or reform the
  inmate; or
                     (B)  authorized by the division as a premises,
  facility, or location where it is reasonable and necessary for the
  inmate to be present and at which the inmate has legitimate
  business, including a church, synagogue, or other established place
  of religious worship, a workplace, a health care facility, or a
  location of a funeral.
         SECTION 3.  Subchapter Z, Chapter 341, Local Government
  Code, is amended by adding Section 341.906 to read as follows:
         Sec. 341.906.  LIMITATIONS ON REGISTERED SEX OFFENDERS IN
  GENERAL-LAW MUNICIPALITIES. (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 required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure.
         (b)  To provide for the public safety, the governing body of
  a general-law municipality by ordinance may restrict a registered
  sex offender from going in, on, or within a specified distance of a
  child safety zone in the municipality.
         (c)  It is an affirmative defense to prosecution of an
  offense under the ordinance 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.
         (d)  The ordinance may establish a distance requirement
  described by Subsection (b) at any distance of not more than 1,000
  feet.
         (e)  The ordinance shall establish procedures for a
  registered sex offender to apply for an exemption from the
  ordinance.
         (f)  The ordinance 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 ordinance 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.
         SECTION 4.  Sections 508.187 and 508.225, Government Code,
  as amended by this Act, apply to a person on parole or mandatory
  supervision on or after the effective date of this Act, regardless
  of whether the person was released on parole or to mandatory
  supervision before, on, or after that date.
         SECTION 5.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1111 was passed by the House on May 9,
  2017, by the following vote:  Yeas 144, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1111 on May 26, 2017, by the following vote:  Yeas 144, Nays 2,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1111 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 28, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor