88R3768 MP-D     By: King S.B. No. 2160       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a county to restrict sex offenders from   child safety zones in 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 COUNTY. (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)  To provide for the public safety, the commissioners   court of a county by order may restrict a registered sex offender   from going in, on, or within a specified distance of a child safety   zone in the unincorporated area of the county.          (c)  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.          (d)  The order may establish a distance requirement   described by Subsection (b) at any distance of not more than 1,000   feet.          (e)  The order may establish procedures for a registered sex   offender to apply for and receive an exemption from the order.          (f)  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.          (g)  A person commits an offense if the person violates an   order adopted under this section and the order defines the   violation as an offense.  An offense under this subsection is a   Class C misdemeanor.          SECTION 2.  This Act takes effect September 1, 2023.