Tex.
Local Gov't Code Section 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 (Definitions), Insurance Code.(2)
“Playground,” “premises,” “school,” “video arcade facility,” and “youth center” have the meanings assigned by Section 481.134 (Drug-free Zones), Health and Safety Code.(3)
“Registered sex offender” means an individual who is required to register as a sex offender under Chapter 62 (Sex Offender Registration Program), 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.
Source:
Section 341.906 — Limitations on Registered Sex Offenders in General-law Municipalities, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.341.htm#341.906 (accessed Apr. 29, 2024).
