85R1234 NC-D     By: Burns H.B. No. 1339       A BILL TO BE ENTITLED   AN ACT   relating to the authority of general-law municipalities to restrict   sex offenders from child safety zones in the municipality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 may establish procedures for a registered   sex offender to apply for and receive 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 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.