HB 2749

relating to the authority of certain counties to restrict sex
offenders from child safety zones in certain portions of 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 CERTAIN COUNTIES.  (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
(b)  This section applies only to a county with a population
(c)  To provide for the public safety, the commissioners
court of a county by order may restrict a registered sex offender
assigned to numeric risk level three using the sex offender
screening tool developed or selected under Article 62.007, Code of
Criminal Procedure, from going in, on, or within a specified
distance of a child safety zone located:
(1)  in a school district with 500 or fewer students in
(2)  in the unincorporated area of the county.
(d)  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.
(e)  The order may establish a distance requirement
described by Subsection (c) at any distance of not more than 1,000
(f)  The order must establish procedures for a registered sex
offender to apply for an exemption from the order.
(g)  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
(h)  A person commits an offense if the person violates an
order adopted under this section.  An offense under this subsection
SECTION 2.  This Act takes effect September 1, 2025.