CODE OF CRIMINAL PROCEDURE CHAPTER 62.

SEX OFFENDER REGISTRATION PROGRAM

Art. 62.01. Definitions

In this chapter:

(1) "Department" means the Department of Public Safety.

(2) "Local law enforcement authority" means the chief of police of a
municipality or the sheriff of a county in this state.

(3) "Penal institution" means a confinement facility operated by or
under a contract with any division of the Texas Department of
Criminal Justice, a confinement facility operated by or under
contract with the Texas Youth Commission, or a juvenile secure
pre-adjudication or post-adjudication facility operated by or
under a local juvenile probation department, or a county jail.

(4) "Released" means discharged, paroled, placed in a nonsecure
community program for juvenile offenders, or placed on juvenile
probation, community supervision, or mandatory supervision.

(5) "Reportable conviction or adjudication" means a conviction or
adjudication, regardless of the pendency of an appeal, that is:

(A) a conviction for a violation of Section 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a conviction for a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;

(C) a conviction for a violation of Section 20.04(a)(4) (Aggravated
kidnapping), Penal Code, if the defendant committed the offense
with intent to violate or abuse the victim sexually;

(D) a conviction for a violation of Section 30.02 (Burglary), Penal
Code, if the offense is punishable under Subsection (d) of that
section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C);

(E) a conviction for a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if the judgment in the case contains an affirmative
finding under Article 42.015;

(F) the second conviction for a violation of Section 21.08
(Indecent exposure), Penal Code;

(G) a conviction for an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense listed in
Paragraph (A), (B), (C), (D), or (E);

(H) an adjudication of delinquent conduct:

(i) based on a violation of one of the offenses listed in Paragraph
(A), (B), (C), (D), or (G) or, if the order in the hearing contains
an affirmative finding that the victim or intended victim was
younger than 17 years of age, one of the offenses listed in
Paragraph (E); or

(ii) for which two violations of the offense listed in Paragraph (F)
are shown;

(I) a deferred adjudication for an offense listed in:

(i) Paragraph (A), (B), (C), (D), or (G); or

(ii) Paragraph (E) if the papers in the case contain an affirmative
finding that the victim or intended victim was younger than 17 years
of age;

(J) a conviction under the laws of another state, federal law, the
laws of a foreign country, or the Uniform Code of Military Justice
for an offense containing elements that are substantially similar
to the elements of an offense listed under Paragraph (A), (B), (C),
(D), (E), or (G);

(K) an adjudication of delinquent conduct under the laws of another
state, federal law, or the laws of a foreign country based on a
violation of an offense containing elements that are substantially
similar to the elements of an offense listed under Paragraph (A),
(B), (C), (D), (E), or (G);

(L) the second conviction under the laws of another state, federal
law, the laws of a foreign country, or the Uniform Code of Military
Justice for an offense containing elements that are substantially
similar to the elements of the offense of indecent exposure; or

(M) the second adjudication of delinquent conduct under the laws of
another state, federal law, or the laws of a foreign country based
on a violation of an offense containing elements that are
substantially similar to the elements of the offense of indecent
exposure.

(6) "Sexually violent offense" means any of the following offenses
committed by a person 17 years of age or older:

(A) an offense under Section 21.11(a)(1) (Indecency with a child),
22.011 (Sexual assault), or 22.021 (Aggravated sexual assault),
Penal Code;

(B) an offense under Section 43.25 (Sexual performance by a child),
Penal Code;

(C) an offense under Section 20.04(a)(4) (Aggravated kidnapping),
Penal Code, if the defendant committed the offense with intent to
violate or abuse the victim sexually;

(D) an offense under Section 30.02 (Burglary), Penal Code, if the
offense is punishable under Subsection (d) of that section and the
defendant committed the offense with intent to commit a felony
listed in Paragraph (A) or (C) of Subdivision (5); or

(E) an offense under the laws of another state, federal law, the
laws of a foreign country, or the Uniform Code of Military Justice
if the offense contains elements that are substantially similar to
the elements of an offense listed under Paragraph (A), (B), (C), or
(D).

(7) "Residence" includes a residence established in this state by a
person described by Article 62.063(e).

(8) "Public or private institution of higher education" includes a
college, university, community college, or technical or trade
institute.

(9) "Authority for campus security" means the authority with
primary law enforcement jurisdiction over property under the
control of a public or private institution of higher education,
other than a local law enforcement authority.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 866, Sec. 1, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 14.62, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 258, Sec. 1, eff. Sept. 1, 1995.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 1 and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997. Subd. (3) amended by Acts 1999, 76th Leg., ch. 1415, Sec. 7,
eff. Sept. 1, 1999; Subd. (5) amended by Acts 1999, 76th Leg., ch.
1193, Sec. 4, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg.,
ch. 1415, Sec. 8, eff. Sept. 1, 1999; Subd. (6) amended by Acts
1999, 76th Leg., ch. 1193, Sec. 4, eff. Sept. 1, 1999; amended by
Acts 1999, 76th Leg., ch. 1415, Sec. 8, eff. Sept. 1, 1999; Subd.
(7) added by Acts 1999, 76th Leg., ch. 1193, Sec. 4, eff. Sept. 1,
1999; added by Acts 1999, 76th Leg., ch. 1415, Sec. 8, eff. Sept. 1,
1999; Subd. (5) amended by Acts 2003, 78th Leg., ch. 1005, Sec. 8,
eff. Sept. 1, 2003; Subd. (6) amended by Acts 2003, 78th Leg., ch.
1005, Sec. 8, eff. Sept. 1, 2003; Subd. (7) amended by Acts 2003,
78th Leg., ch. 1275, Sec. 3(4), eff. Sept. 1, 2003; Subd. (8) added
by Acts 2003, 78th Leg., ch. 347, Sec. 1, eff. Sept. 1, 2003;
Subsec. (9) added by Acts 2003, 78th Leg., ch. 347, Sec. 1, eff.
Sept. 1, 2003.

 

Art. 62.0101. Determination Regarding Substantially Similar
Elements of Offense

(a) The department is responsible for determining for the purposes
of this chapter whether an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice contains elements that are substantially similar
to the elements of an offense under the laws of this state.

(b) An appeal of a determination made under this article shall be
brought in a district court in Travis County.

Added by Acts 2001, 77th Leg., ch. 211, Sec. 2, eff. Sept. 1, 2001.
Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1005, Sec. 9, eff.
Sept. 1, 2003.

 

Art. 62.0102. Determination Regarding Primary Registration
Authority

(a) For each person subject to registration under this chapter, the
department shall determine which local law enforcement authority
serves as the person's primary registration authority based on the
municipality or county in which the person resides or, as provided
by Article 62.061, as added by Chapters 1193 and 1415, Acts of the
76th Legislature, Regular Session, 1999, the municipality or county
in which the person works or attends school.

(b) The department shall notify each person subject to registration
under this chapter of the person's primary registration authority
in a timely manner.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 2, eff. Sept. 1, 2003.

 

Art. 62.0105. Exemption From Registration for Certain Sex Offenders

(a) If eligible under Subsection (b) or (c), a person required to
register under this chapter may petition the court having
jurisdiction over the case for an order exempting the person from
registration under this chapter at any time after the person's
sentencing or after the person is placed on deferred adjudication
community supervision.

(b) A person is eligible to petition the court as described by
Subsection (a) if:

(1) the person is required to register only as a result of a single
reportable conviction or adjudication, other than an adjudication
of delinquent conduct; and

(2) the court has entered in the appropriate judgment or has filed
with the appropriate papers a statement of an affirmative finding
described by Article 42.017 or Section 5(g), Article 42.12.

(c) A defendant who before September 1, 2001, is convicted of or
placed on deferred adjudication community supervision for an
offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code,
is eligible to petition the court as described by Subsection (a).
The court may consider the petition only if the petition states and
the court finds that the defendant would have been entitled to the
entry of an affirmative finding under Article 42.017 or Section
5(g), Article 42.12, as appropriate, had the conviction or
placement on deferred adjudication community supervision occurred
after September 1, 2001.

(d) After a hearing on the petition described by Subsection (a), the
court may issue an order exempting the person from registration
under this chapter if it appears by a preponderance of the evidence:

(1) as presented by a registered sex offender treatment provider,
that the exemption does not threaten public safety; and

(2) that the person's conduct did not occur without the consent of
the victim or intended victim as described by Section 22.011(b),
Penal Code.

(e) An order exempting the person from registration under this
chapter does not expire, but the court shall withdraw the order if
after the order is issued the person receives a reportable
conviction or adjudication under this chapter.

Added by Acts 2001, 77th Leg., ch. 1159, Sec. 6, eff. Sept. 1, 2001.

 

Art. 62.011. Workers or Students

(a) A person is employed or carries on a vocation for purposes of
this chapter if the person works or volunteers on a full-time or
part-time basis for a consecutive period exceeding 14 days or for an
aggregate period exceeding 30 days in a calendar year. A person
works for purposes of this subsection regardless of whether the
person works for compensation or for governmental or educational
benefit.

(b) A person is a student for purposes of this chapter if the person
enrolls on a full-time or part-time basis in any educational
facility, including:

(1) a public or private primary or secondary school, including a
high school or alternative learning center; or

(2) a public or private institution of higher education.

Added by Acts 1999, 76th Leg., ch. 1193, Sec. 8, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1415, Sec. 9, eff. Sept. 1, 1999; Amended
by Acts 2003, 78th Leg., ch. 347, Sec. 3, eff. Sept. 1, 2003.

 

Art. 62.02. Registration

(a) A person who has a reportable conviction or adjudication or who
is required to register as a condition of parole, release to
mandatory supervision, or community supervision shall register or,
if the person is a person for whom registration is completed under
this chapter, verify registration as provided by Subsection (d),
with the local law enforcement authority in any municipality where
the person resides or intends to reside for more than seven days.
If the person does not reside or intend to reside in a municipality,
the person shall register or verify registration in any county
where the person resides or intends to reside for more than seven
days. The person shall satisfy the requirements of this subsection
not later than the seventh day after the person's arrival in the
municipality or county.

(b) The department shall provide the Texas Department of Criminal
Justice, the Texas Youth Commission, the Texas Juvenile Probation
Commission, and each local law enforcement authority, authority for
campus security, county jail, and court with a form for registering
persons required by this chapter to register. The registration
form shall require:

(1) the person's full name, each alias, date of birth, sex, race,
height, weight, eye color, hair color, social security number,
driver's license number, shoe size, and home address;

(2) a recent color photograph or, if possible, an electronic
digital image of the person and a complete set of the person's
fingerprints;

(3) the type of offense the person was convicted of, the age of the
victim, the date of conviction, and the punishment received;

(4) an indication as to whether the person is discharged, paroled,
or released on juvenile probation, community supervision, or
mandatory supervision;

(5) an indication of each license, as defined by Article 62.08(g),
that is held or sought by the person;

(6) an indication as to whether the person is or will be employed,
carrying on a vocation, or a student at a particular public or
private institution of higher education in this state or another
state, and the name and address of that institution; and

(7) any other information required by the department.

(c) Not later than the third day after a person's registering, the
local law enforcement authority with whom the person registered
shall send a copy of the registration form to the department and, if
the person resides on the campus of a public or private institution
of higher education, to any authority for campus security for that
institution.

(d) A person for whom registration is completed under this chapter
shall report to the applicable local law enforcement authority to
verify the information in the registration form received by the
authority under this chapter. The authority shall require the
person to produce proof of the person's identity and residence
before the authority gives the registration form to the person for
verification. If the information in the registration form is
complete and accurate, the person shall verify registration by
signing the form. If the information is not complete or not
accurate, the person shall make any necessary additions or
corrections before signing the form.

(e) A person who is required to register or verify registration
under this chapter shall ensure that the person's registration form
is complete and accurate with respect to each item of information
required by the form in accordance with Subsection (b).

(f) If a person subject to registration under this chapter does not
move to an intended residence by the end of the seventh day after
the date on which the person is released or the date on which the
person leaves a previous residence, the person shall:

(1) report to the juvenile probation officer, community supervision
and corrections department officer, or parole officer supervising
the person by not later than the seventh day after the date on which
the person is released or the date on which the person leaves a
previous residence, as applicable, and provide the officer with the
address of the person's temporary residence; and

(2) continue to report to the person's supervising officer not less
than weekly during any period of time in which the person has not
moved to an intended residence and provide the officer with the
address of the person's temporary residence.

(g) If the other state has a registration requirement for sex
offenders, a person who has a reportable conviction or
adjudication, who resides in this state, and who is employed,
carries on a vocation, or is a student in another state shall, not
later than the 10th day after the date on which the person begins to
work or attend school in the other state, register with the law
enforcement authority that is identified by the department as the
authority designated by that state to receive registration
information. If the person is employed, carries on a vocation, or
is a student at a public or private institution of higher education
in the other state and if an authority for campus security exists at
the institution, the person shall also register with that authority
not later than the 10th day after the date on which the person
begins to work or attend school.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 258, Sec. 2, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 676, Sec. 1, eff. Sept. 1, 1995.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 2 and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997. Subsec. (a) amended by Acts 1999, 76th Leg., ch. 444, Sec. 1,
eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, Sec.
10, eff. Sept. 1, 1999; Subsec.(g) added by Acts 1999, 76th Leg.,
ch. 1193, Sec. 5, eff. Sept. 1, 1999; added by Acts 1999, 76th Leg.,
ch. 1415, Sec. 10, eff. Sept. 1, 1999; Subsec. (b) amended by Acts
2001, 77th Leg., ch. 932, Sec. 1, eff. Sept. 1, 2001; Subsecs. (b),
(c), and (g) amended by Acts 2003, 78th Leg., ch. 347, Sec. 4, eff.
Sept. 1, 2003; Subsec. (b) amended by Acts 2003, 78th Leg., ch.
1276, Sec. 5.003(b), eff. Sept. 1, 2003.

 

Art. 62.021. Out-of-State Registrants

(a) This article applies to a person who:

(1) is required to register as a sex offender under:

(A) the laws of another state with which the department has entered
into a reciprocal registration agreement;

(B) federal law or the Uniform Code of Military Justice; or

(C) the laws of a foreign country; and

(2) is not otherwise required to register under this chapter
because:

(A) the person does not have a reportable conviction for an offense
under the laws of the other state, federal law, the laws of the
foreign country, or the Uniform Code of Military Justice containing
elements that are substantially similar to an offense requiring
registration under this chapter; or

(B) the person does not have a reportable adjudication of
delinquent conduct based on a violation of an offense under the laws
of the other state, federal law, or the laws of the foreign country
containing elements that are substantially similar to an offense
requiring registration under this chapter.

(b) A person described by Subsection (a) is required to comply with
the annual verification requirements of Article 62.06 in the same
manner as a person who is required to verify registration on the
basis of a reportable conviction or adjudication.

(c) The duty to register for a person described by Subsection (a)
expires on the date the person's duty to register would expire under
the laws of the other state or foreign country had the person
remained in that state or foreign country, under federal law, or
under the Uniform Code of Military Justice, as applicable.

(d) The department may negotiate and enter into a reciprocal
registration agreement with any other state to prevent residents of
this state and residents of the other state from frustrating the
public purpose of the registration of sex offenders by moving from
one state to the other.

Added by Acts 1999, 76th Leg., ch. 444, Sec. 2, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1415, Sec. 11, eff. Sept. 1, 1999;
Subsecs. (a), (c) amended by Acts 2001, 77th Leg., ch. 211, Sec. 3,
eff. Sept. 1, 2001; Subsecs. (a) and (c) amended by Acts 2003, 78th
Leg., ch. 1005, Sec. 10, eff. Sept. 1, 2003.

 

Art. 62.03. Prerelease notification

(a) Before a person who will be subject to registration under this
chapter is due to be released from a penal institution, the Texas
Department of Criminal Justice or the Texas Youth Commission shall
determine the person's level of risk to the community using the sex
offender screening tool developed or selected under Article 62.035
and assign to the person a numeric risk level of one, two, or three.
Before releasing the person, an official of the penal institution
shall:

(1) inform the person that:

(A) not later than the seventh day after the date on which the

person is released or the date on which the person moves from a
previous residence to a new residence in this state, the person
must:

(i) register or verify registration with the local law enforcement
authority in the municipality or county in which the person intends
to reside; or

(ii) if the person has not moved to an intended residence, report to
the juvenile probation officer, community supervision and
corrections department officer, or parole officer supervising the
person;

(B) not later than the seventh day before the date on which the
person moves to a new residence in this state or another state, the
person must report in person to the local law enforcement authority
designated as the person's primary registration authority by the
department and to the juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising the person;

(C) not later than the 10th day after the date on which the person
arrives in another state in which the person intends to reside, the
person must register with the law enforcement agency that is
identified by the department as the agency designated by that state
to receive registration information, if the other state has a
registration requirement for sex offenders;

(D) not later than the 30th day after the date on which the person is
released, the person must apply to the department in person for the
issuance of an original or renewal driver's license or personal
identification certificate and a failure to apply to the department
as required by this paragraph results in the automatic revocation
of any driver's license or personal identification certificate
issued by the department to the person; and

(E) the person must notify appropriate entities of any change in
status as described by Article 62.05;

(2) require the person to sign a written statement that the person
was informed of the person's duties as described by Subdivision (1)
or Subsection (h) or, if the person refuses to sign the statement,
certify that the person was so informed;

(3) obtain the address where the person expects to reside on the
person's release and other registration information, including a
photograph and complete set of fingerprints; and

(4) complete the registration form for the person.

(b) On the seventh day before the date on which a person who will be
subject to registration under this chapter is due to be released
from a penal institution, or on receipt of notice by a penal
institution that a person who will be subject to registration under
this chapter is due to be released in less than seven days, an
official of the penal institution shall send the person's completed
registration form and numeric risk level to the department and to:

(1) the applicable local law enforcement authority in the
municipality or county in which the person expects to reside, if the
person expects to reside in this state; or

(2) the law enforcement agency that is identified by the department
as the agency designated by another state to receive registration
information, if the person expects to reside in that other state and
that other state has a registration requirement for sex offenders.

(c) If a person who is subject to registration under this chapter
receives an order deferring adjudication, placing the person on
juvenile probation or community supervision, or imposing only a
fine, the court pronouncing the order or sentence shall make a
determination of the person's numeric risk level using the sex
offender screening tool developed or selected under Article 62.035,
assign to the person a numeric risk level of one, two, or three, and
ensure that the prerelease notification and registration
requirements specified in this article are conducted on the day of
entering the order or sentencing. If a community supervision and
corrections department representative is available in court at the
time a court pronounces a sentence of deferred adjudication or
community supervision, the representative shall immediately obtain
the person's numeric risk level from the court and conduct the
prerelease notification and registration requirements specified in
this article. In any other case in which the court pronounces a
sentence under this subsection, the court shall designate another
appropriate individual to obtain the person's numeric risk level
from the court and conduct the prerelease notification and
registration requirements specified in this article.

(d) If a person who has a reportable conviction described by Article
62.01(5)(J) or (L) is placed under the supervision of the pardons
and paroles division of the Texas Department of Criminal Justice or
a community supervision and corrections department under Article
42.11, the division or community supervision and corrections
department shall conduct the prerelease notification and
registration requirements specified in this article on the date the
person is placed under the supervision of the division or community
supervision and corrections department. If a person who has a
reportable adjudication of delinquent conduct described by Article
62.01(5)(K) or (M) is, as permitted by Section 60.002, Family Code,
placed under the supervision of the Texas Youth Commission, a
public or private vendor operating under contract with the Texas
Youth Commission, a local juvenile probation department, or a
juvenile secure pre-adjudication or post-adjudication facility,
the commission, vendor, probation department, or facility shall
conduct the prerelease notification and registration requirements
specified in this article on the date the person is placed under the
supervision of the commission, vendor, probation department, or
facility.

(e) Not later than the eighth day after receiving a registration
form under Subsection (b), (c), or (d), the local law enforcement
authority shall verify the age of the victim, the basis on which the
person is subject to registration under this chapter, and the
person's numeric risk level. The authority shall immediately
publish notice in English and Spanish in the newspaper of greatest
paid circulation in the county in which the person subject to
registration intends to reside or, if there is no newspaper of paid
circulation in that county, in the newspaper of greatest general
circulation in the county, except as provided by Article 62.031. If
the authority publishes notice under this subsection, the authority
shall publish a duplicate notice in the newspaper, with any
necessary corrections, during the week immediately following the
week of initial publication. The local law enforcement authority
shall also immediately provide notice to the superintendent of the
public school district and to the administrator of any private
primary or secondary school located in the public school district
in which the person subject to registration intends to reside by
mail to the office of the superintendent or administrator, as
appropriate, in accordance with Article 62.032. On receipt of a
notice under this subsection, the superintendent shall release the
information contained in the notice to appropriate school district
personnel, including peace officers and security personnel,
principals, nurses, and counselors.

(f) The local law enforcement authority shall include in the notice
by publication in a newspaper the following information only:

(1) the person's full name, age, and gender;

(2) a brief description of the offense for which the person is
subject to registration;

(3) the municipality, numeric street address or physical address,
if a numeric street address is not available, and zip code number
where the person intends to reside;

(4) either a recent photograph of the person or the Internet address
of a website on which the person's photograph is accessible free of
charge; and

(5) the person's numeric risk level assigned under this chapter and
the guidelines used to determine a person's risk level generally.

(g) The local law enforcement authority shall include in the notice
to the superintendent of the public school district and to the
administrator of any private primary or secondary school located in
the public school district any information the authority determines
is necessary to protect the public, except:

(1) the person's social security number, driver's license number,
or telephone number; and

(2) any information that would identify the victim of the offense
for which the person is subject to registration.

(h) Before a person who will be subject to registration under this
chapter is due to be released from a penal institution in this
state, an official of the penal institution shall inform the person
that:

(1) if the person intends to reside in another state and to work or
attend school in this state, the person must, not later than the
seventh day after the date on which the person begins to work or
attend school, register or verify registration with the local law
enforcement authority in the municipality or county in which the
person intends to work or attend school;

(2) if the person intends to reside in this state and to work or
attend school in another state and if the other state has a
registration requirement for sex offenders, the person must:

(A) not later than the 10th day after the date on which the person
begins to work or attend school in the other state, register with
the law enforcement authority that is identified by the department
as the authority designated by that state to receive registration
information; and

(B) if the person intends to be employed, carry on a vocation, or be
a student at a public or private institution of higher education in
the other state and if an authority for campus security exists at
the institution, register with that authority not later than the
10th day after the date on which the person begins to work or attend
school; and

(3) regardless of the state in which the person intends to reside,
if the person intends to be employed, carry on a vocation, or be a
student at a public or private institution of higher education in
this state, the person must:

(A) not later than the seventh day after the date on which the
person begins to work or attend school, register with:

(i) the authority for campus security for that institution; or

(ii) except as provided by Article 62.064(e), if an authority for
campus security for that institution does not exist, the local law
enforcement authority of:

(a) the municipality in which the institution is located; or

(b) the county in which the institution is located, if the
institution is not located in a municipality; and

(B) not later than the seventh day after the date the person stops
working or attending school, notify the appropriate authority for
campus security or local law enforcement authority of the
termination of the person's status as a worker or student.

(i) If a person who is subject to the newspaper publication
requirements of Subsection (e) is not under community supervision,
parole, or mandatory supervision, the local law enforcement
authority obtaining publication of notice regarding the person as
required by that subsection shall collect from the person an amount
equal to the cost incurred by the authority in obtaining the
publication. The cost of the publication of notice must be
established by written receipt.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 866, Sec. 2, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 258, Sec. 3, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 667, Sec. 5, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1430, Sec. 8, eff. Sept. 1, 1997. Redesignated
from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 3 and amended by
Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1997. Subsec.
(a) amended by Acts 1999, 76th Leg., ch. 1401, Sec. 2, eff. Sept. 1,
2000; amended by Acts 1999, 76th Leg., ch. 1557, Sec. 1, eff. Aug.
30, 1999; Subsec. (b) amended by Acts 1999, 76th Leg., ch. 1557,
Sec. 1, eff. Aug. 30, 1999; Subsec. (c) amended by Acts 1999, 76th
Leg., ch. 1557, Sec. 1, eff. Aug. 30, 1999; Subsec. (d) amended by
Acts 1999, 76th Leg., ch. 1193, Sec. 6, eff. Sept. 1, 1999; amended
by Acts 1999, 76th Leg., ch. 1415, Sec. 12, eff. Sept. 1, 1999;
Subsec. (e) amended by Acts 1999, 76th Leg., ch. 444, Sec. 3, eff.
Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, Sec. 12,
eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1557, Sec.
1, eff. Aug. 30, 1999; Subsec. (f) amended by Acts 1999, 76th Leg.,
ch. 1415, Sec. 12, eff. Sept. 1, 1999; amended by Acts 1999, 76th
Leg., ch. 1557, Sec. 1, eff. Aug. 30, 1999; Subsec. (h) added by
Acts 1999, 76th Leg., ch. 1193, Sec. 7, eff. Sept. 1, 1999; added by
Acts 1999, 76th Leg., ch. 1415, Sec. 12, eff. Sept. 1, 1999;
Subsecs. (a), (c) amended by Acts 2001, 77th Leg., ch. 177, Sec. 1,
eff. Sept. 1, 2001; Subsec. (f) amended by Acts 2001, 77th Leg.,
ch. 1420, Sec. 3.003, eff. Sept. 1, 2001; Subsec. (i) added by Acts
2001, 77th Leg., ch. 211, Sec. 4, eff. Sept. 1, 2001; Subsecs. (a),
(e), and (h) amended by Acts 2003, 78th Leg., ch. 347, Sec. 5, eff.
Sept. 1, 2003.

 

Art. 62.031. Limitations on Newspaper Publication

(a) A local law enforcement authority may not publish notice in a
newspaper under Article 62.03(e) or 62.04(f) if the basis on which
the person is subject to registration is:

(1) an adjudication of delinquent conduct; or

(2) a conviction or a deferred adjudication for an offense under
Section 25.02, Penal Code, or an offense under the laws of another
state, federal law, or the Uniform Code of Military Justice that
contains elements substantially similar to the elements of an
offense under Section 25.02, Penal Code, if the victim was at the
time of the offense a child younger than 17 years of age.

(b) In addition to the prohibition on publication established under
Subsection (a), a local law enforcement authority may not publish
notice in a newspaper under Article 62.04(f) if the person subject
to registration is assigned a numeric risk level of one.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 6, eff. Sept. 1, 2003.

 

Art. 62.032. Circumstances Requiring Notice to Superintendent or
School Administrator

(a) A local law enforcement authority shall provide notice to the
superintendent and each administrator under Article 62.03(e) or
62.04(f) only if:

(1) the victim was at the time of the offense a child younger than 17
years of age or a student enrolled in a public or private secondary
school;

(2) the person subject to registration is a student enrolled in a
public or private secondary school; or

(3) the basis on which the person is subject to registration is a
conviction, a deferred adjudication, or an adjudication of
delinquent conduct for an offense under Section 43.25 or 43.26,
Penal Code, or an offense under the laws of another state, federal
law, or the Uniform Code of Military Justice that contains elements
substantially similar to the elements of an offense under either of
those sections.

(b) A local law enforcement authority may not provide notice to the
superintendent or any administrator under Article 62.03(e) or
62.04(f) if the basis on which the person is subject to registration
is a conviction, a deferred adjudication, or an adjudication of
delinquent conduct for an offense under Section 25.02, Penal Code,
or an offense under the laws of another state, federal law, or the
Uniform Code of Military Justice that contains elements
substantially similar to the elements of an offense under that
section.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 6, eff. Sept. 1, 2003.

 

Art. 62.035. Risk Assessment Review Committee; Sex Offender
Screening Tool

(a) The Texas Department of Criminal Justice shall establish a risk
assessment review committee composed of at least five members, each
of whom is a state employee whose service on the review committee is
in addition to the employee's regular duties. The review
committee, to the extent feasible, should include at least:

(1) one member having experience in law enforcement;

(2) one member having experience working with juvenile sex
offenders;

(3) one member having experience as a sex offender treatment
provider; and

(4) one member having experience working with victims of sex
offenses.

(b) The risk assessment review committee functions in an oversight
capacity. The committee shall:

(1) develop or select from among existing tools a sex offender
screening tool to be used in determining the level of risk of a
person subject to registration under this chapter;

(2) ensure that staff are trained on the use of the screening tool;

(3) monitor the use of the screening tool in the state; and

(4) analyze other screening tools as they become available and
revise or replace the existing screening tool if warranted.

(c) The sex offender screening tool must use an objective point
system under which a person is assigned a designated number of
points for each of various factors. In developing or selecting the
sex offender screening tool, the risk assessment review committee
shall use or shall select a screening tool that may be adapted to
use the following general guidelines:

(1) level one (low): a designated range of points on the sex
offender screening tool indicating that the person poses a low
danger to the community and will not likely engage in criminal
sexual conduct;

(2) level two (moderate): a designated range of points on the sex
offender screening tool indicating that the person poses a moderate
danger to the community and may continue to engage in criminal
sexual conduct; and

(3) level three (high): a designated range of points on the sex
offender screening tool indicating that the person poses a serious
danger to the community and will continue to engage in criminal
sexual conduct.

(d) The risk assessment review committee, the Texas Department of
Criminal Justice, the Texas Youth Commission, or a court may
override a risk level only if the entity:

(1) believes that the risk level assessed is not an accurate
prediction of the risk the offender poses to the community; and

(2) documents the reason for the override in the offender's case
file.

(e) Notwithstanding Chapter 58, Family Code, records and files,
including records that have been sealed under Section 58.003 of
that code, relating to a person for whom a court, the Texas
Department of Criminal Justice, or the Texas Youth Commission is
required under this article to determine a level of risk shall be
released to the court, department, or commission, as appropriate,
for the purpose of determining the person's risk level.

(f) Chapter 551, Government Code, does not apply to a meeting of the
risk assessment review committee.

Added by Acts 1999, 76th Leg., ch. 1557, Sec. 2, eff. Aug. 30, 1999.
Amended by Acts 2001, 77th Leg., ch. 177, Sec. 2, eff. Sept. 1,
2001.

 

Art. 62.04. Change of address

(a) If a person required to register intends to change address,
regardless of whether the person intends to move to another state,
the person shall, not later than the seventh day before the intended
change, report in person to the local law enforcement authority
designated as the person's primary registration authority by the
department and to the juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising the person and provide the authority and the officer
with the person's anticipated move date and new address. If a
person required to register changes address, the person shall, not
later than the seventh day after changing the address, report in
person to the local law enforcement authority in the municipality
or county in which the person's new residence is located and provide
the authority with proof of identity and proof of residence.

(b) Not later than the third day after receipt of notice under
Subsection (a), the person's juvenile probation officer, community
supervision and corrections department officer, or parole officer
shall forward the information provided under Subsection (a) to the
local law enforcement authority designated as the person's primary
registration authority by the department and, if the person intends
to move to another municipality or county in this state, to the
applicable local law enforcement authority in that municipality or
county.

(c) If the person moves to another state that has a registration
requirement for sex offenders, the person shall, not later than the
10th day after the date on which the person arrives in the other
state, register with the law enforcement agency that is identified
by the department as the agency designated by that state to receive
registration information.

(d) Not later than the third day after receipt of information under
Subsection (a) or (b), whichever is earlier, the local law
enforcement authority shall forward this information to the
department and, if the person intends to move to another
municipality or county in this state, to the applicable local law
enforcement authority in that municipality or county.

(e) If a person who reports to a local law enforcement authority
under Subsection (a) does not move on or before the anticipated move
date or does not move to the new address provided to the authority,
the person shall:

(1) not later than the seventh day after the anticipated move date,
report to the local law enforcement authority designated as the
person's primary registration authority by the department and
provide an explanation to the authority regarding any changes in
the anticipated move date and intended residence; and

(2) report to the juvenile probation officer, community supervision
and corrections department officer, or parole officer supervising
the person not less than weekly during any period in which the
person has not moved to an intended residence.

(f) If the person moves to another municipality or county in this
state, the department shall inform the applicable local law
enforcement authority in the new area of the person's residence not
later than the third day after the date on which the department
receives information under Subsection (a). Not later than the
eighth day after the date on which the local law enforcement
authority is informed under Subsection (a) or under this
subsection, the authority shall verify the age of the victim, the
basis on which the person is subject to registration under this
chapter, and the person's numeric risk level. The authority shall
immediately publish notice in English and Spanish in the newspaper
of greatest paid circulation in the county in which the person
subject to registration intends to reside or, if there is no
newspaper of paid circulation in that county, in the newspaper of
greatest general circulation in the county, except as provided by
Article 62.031. If the authority publishes notice under this
subsection, the authority shall publish a duplicate notice in the
newspaper, with any necessary corrections, during the week
immediately following the week of initial publication. The local
law enforcement authority shall also immediately provide notice to
the superintendent of the public school district and to the
administrator of any private primary or secondary school located in
the public school district in which the person subject to
registration intends to reside by mail to the office of the
superintendent or administrator, as appropriate, in accordance
with Article 62.032. On receipt of a notice under this subsection,
the superintendent shall release the information contained in the
notice to appropriate school district personnel, including peace
officers and security personnel, principals, nurses, and
counselors.

(g) The local law enforcement authority shall include in the notice
by publication in a newspaper the following information only:

(1) the person's full name, age, and gender;

(2) a brief description of the offense for which the person is
subject to registration;

(3) the municipality, numeric street address or physical address,
if a numeric street address is not available, and zip code number
where the person intends to reside;

(4) either a recent photograph of the person or the Internet address
of a website on which the person's photograph is accessible free of
charge; and

(5) the person's numeric risk level assigned under this chapter and
the guidelines used to determine a person's risk level generally.

(h) The local law enforcement authority shall include in the notice
to the superintendent of the public school district and the
administrator of any private primary or secondary school located in
the public school district any information the authority determines
is necessary to protect the public, except:

(1) the person's social security number, driver's license number,
or telephone number; and

(2) any information that would identify the victim of the offense
for which the person is subject to registration.

(i) If the person moves to another state, the department shall,
immediately on receiving information under Subsection (d):

(1) inform the law enforcement agency that is designated by the
other state to receive registration information, if that state has
a registration requirement for sex offenders; and

(2) send to the Federal Bureau of Investigation a copy of the
person's registration form, including the record of conviction and
a complete set of fingerprints.

(j) If a person who is subject to the newspaper publication
requirements of Subsection (f) is not under community supervision,
parole, or mandatory supervision, the local law enforcement
authority obtaining publication of notice regarding the person as
required by that subsection shall collect from the person an amount
equal to the cost incurred by the authority in obtaining the
publication. The cost of the publication of notice must be
established by written receipt.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 258, Sec. 4, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 667, Sec. 6, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1430, Sec. 9, eff. Sept. 1, 1997.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 4 and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997. Subsec. (a) amended by Acts 1999, 76th Leg., ch. 444, Sec. 4,
eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, Sec.
13, eff. Sept. 1, 1999; Subsec. (d) amended by Acts 1999, 76th
Leg., ch. 1557, Sec. 3, eff. Aug. 30, 1999; Subsec. (f) amended by
Acts 1999, 76th Leg., ch. 444, Sec. 4, eff. Sept. 1, 1999; amended
by Acts 1999, 76th Leg., ch. 1415, Sec. 13, eff. Sept. 1, 1999;
amended by Acts 1999, 76th Leg., ch. 1557, Sec. 3, eff. Aug. 30,
1999; Subsec. (g) amended by Acts 1999, 76th Leg., ch. 1415, Sec.
13, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1557,
Sec. 3, eff. Aug. 30, 1999; Subsecs. (d), (f) amended by Acts 2001,
77th Leg., ch. 177, Sec. 3, eff. Sept. 1, 2001; Subsec. (g) amended
by Acts 2001, 77th Leg., ch. 1420, Sec. 3.004, eff. Sept. 1, 2001;
Subsec. (j) added by Acts 2001, 77th Leg., ch. 211, Sec. 5, eff.
Sept. 1, 2001; Subsecs. (a), (b), (e), and (f) amended by Acts
2003, 78th Leg., ch. 347, Sec. 7, eff. Sept. 1, 2003.

 

Art. 62.041. Authority of Political Subdivision to Collect Costs of
Certain Notice

(a) In this article, "utility service" means water, wastewater,
sewer, gas, garbage, electricity, or drainage service.

(b) A political subdivision served by a local law enforcement
authority obtaining publication of notice under Article 62.03 or
62.04 may bill any unpaid amount under that article, identified
separately, within a bill for a utility service provided by the
political subdivision to the person who is the subject of the
notice, and may suspend service of the utility to a person who is
delinquent in payment of the amount until the delinquent claim is
fully paid to the political subdivision.

(c) The political subdivision shall remit an amount collected under
this article to the local law enforcement authority.

Added by Acts 2003, 78th Leg., ch. 1300, Sec. 3, eff. Sept. 1, 2003.

 

Art. 62.045. Additional Public Notice for Certain Offenders

(a) On receipt of notice under this chapter that a person subject to
registration is due to be released from a penal institution, has
been placed on community supervision or juvenile probation, or
intends to move to a new residence in this state, the department
shall verify the person's numeric risk level assigned under this
chapter. If the person is assigned a numeric risk level of three,
the department shall, not later than the seventh day after the date
on which the person is released or the 10th day after the date on
which the person moves, provide written notice mailed or delivered
to at least each residential address within a one-mile radius, in an
area that has not been subdivided, or a three-block area, in an area
that has been subdivided, of the place where the person intends to
reside. In providing written notice under this subsection, the
department shall use employees of the department whose duties in
providing the notice are in addition to the employees' regular
duties.

(b) The department shall provide the notice in English and Spanish
and shall include in the notice any information that is public
information under this chapter. The department may not include any
information that is not public information under this chapter.

(c) The department shall establish procedures for a person with
respect to whom notice is provided under Subsection (a), other than
a person subject to registration on the basis of an adjudication of
delinquent conduct, to pay to the department all costs incurred by
the department in providing the notice. The person shall pay those
costs in accordance with the procedures established under this
subsection.

(d) On receipt of notice under this chapter that a person subject to
registration under this chapter is required to register or verify
registration with a local law enforcement authority and has been
assigned a numeric risk level of three, the local law enforcement
authority may provide notice to the public in any manner determined
appropriate by the local law enforcement authority, including
holding a neighborhood meeting, posting notices in the area where
the person intends to reside, distributing printed notices to area
residents, or establishing a specialized local website. The local
law enforcement authority may include in the notice any information
that is public information under this chapter.

(e) An owner, builder, seller, or lessor of a single-family
residential real property or any improvement to residential real
property or that person's broker, salesperson, or other agent or
representative in a residential real estate transaction does not
have a duty to make a disclosure to a prospective buyer or lessee
about registrants under this chapter. To the extent of any conflict
between this subsection and another law imposing a duty to disclose
information about registered sex offenders, this subsection
controls.

Added by Acts 1999, 76th Leg., ch. 1557, Sec. 4, eff. Aug. 30, 1999.
Subsec. (a) amended by Acts 2001, 77th Leg., ch. 177, Sec. 4, eff.
Sept. 1, 2001; Subsec. (b) amended by Acts 2001, 77th Leg., ch.
211, Sec. 6, eff. Sept. 1, 2001; Subsec. (d) amended by Acts 2001,
77th Leg., ch. 177, Sec. 4, eff. Sept. 1, 2001; Subsec. (e) amended
by Acts 2001, 77th Leg., ch. 211, Sec. 7, eff. Sept. 1, 2001.

 

Art. 62.0451. Additional Public Notice for Individuals Subject to
Civil Commitment

(a) On receipt of notice under this chapter that a person subject to
registration who is civilly committed as a sexually violent
predator is due to be released from a penal institution or intends
to move to a new residence in this state, the department shall, not
later than the seventh day after the date on which the person is
released or the 10th day after the date on which the person moves,
provide written notice mailed or delivered to at least each
residential address within a one-mile radius, in an area that has
not been subdivided, or a three-block area, in an area that has been
subdivided, of the place where the person intends to reside.

(b) The department shall provide the notice in English and Spanish
and shall include in the notice any information that is public
information under this chapter. The department may not include any
information that is not public information under this chapter.

(c) The department shall establish procedures for a person with
respect to whom notice is provided under this article to pay to the
department all costs incurred by the department in providing the
notice. The person shall pay those costs in accordance with the
procedures established under this subsection.

(d) The department's duty to provide notice under this article in
regard to a particular person ends on the date on which a court
releases the person from all requirements of the civil commitment
process.

Added by Acts 1999, 76th Leg., ch. 444, Sec. 5(a). Subsec. (b)
amended by Acts 2001, 77th Leg., ch. 211, Sec. 8, eff. Sept. 1,
2001.

 

Art. 62.05. Status Report by Supervising Officer or Local Law
Enforcement Agency

Text of section as amended by Acts 2003, 78th Leg., ch. 347, Sec. 8

 

(a) If the juvenile probation officer, community supervision and
corrections department officer, or parole officer supervising a
person subject to registration under this chapter receives
information to the effect that the person's status has changed in
any manner that affects proper supervision of the person, including
a change in the person's physical health, job or educational
status, higher educational status, incarceration, or terms of
release, the supervising officer shall promptly notify the
appropriate local law enforcement authority or authorities of that
change. If the person required to register intends to change
address, the supervising officer shall notify the local law
enforcement authorities designated by Article 62.04(b). Not later
than the seventh day after the date the supervising officer
receives the relevant information, the supervising officer shall
notify the local law enforcement authority of any change in the
person's job or educational status in which the person:

(1) becomes employed, begins to carry on a vocation, or becomes a
student at a particular public or private institution of higher
education; or

(2) terminates the person's status in that capacity.

(b) Not later than the seventh day after the date of the change, a
person subject to registration under this chapter shall report to
the local law enforcement authority designated as the person's
primary registration authority by the department any change in the
person's physical health or in the person's job or educational
status, including higher educational status. For purposes of this
subsection, a person's job status changes if the person leaves
employment for any reason, remains employed by an employer but
changes the location at which the person works, or begins
employment with a new employer. For purposes of this subsection, a
person's health status changes if the person is hospitalized as a
result of an illness. For purposes of this subsection, a change in
a person's educational status includes the person's transfer from
one educational facility to another. Not later than the seventh day
after the date the local law enforcement authority receives the
relevant information, the local law enforcement authority shall
notify the department of any change in the person's job or
educational status in which the person:

(1) becomes employed, begins to carry on a vocation, or becomes a
student at a particular public or private institution of higher
education; or

(2) terminates the person's status in that capacity.

Added by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 444, Sec. 6, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1415, Sec. 14, eff. Sept. 1, 1999;
Subsec. (b) amended by Acts 2001, 77th Leg., ch. 19, Sec. 1, eff.
Sept. 1, 2001; Amended by Acts 2003, 78th Leg., ch. 347, Sec. 8,
eff. Sept. 1, 2003.

For text of section as amended by Acts 2003, 78th Leg., ch. 1300,
Sec. 4, see

Art. 62.05, post

Art. 62.05. Status Report by Supervising Officer

Text of section as amended by Acts 2003, 78th Leg., ch. 1300, Sec. 4

 

(a) If the juvenile probation officer, community supervision and
corrections department officer, or parole officer supervising a
person subject to registration under this chapter receives
information to the effect that the person's status has changed in
any manner that affects proper supervision of the person, including
a change in the person's name, physical health, job, incarceration,
or terms of release, the supervising officer shall promptly notify
the appropriate local law enforcement authority or authorities of
that change. If the person required to register intends to change
address, the person's supervising officer shall notify the local
law enforcement authorities designated by Article 62.04(b).

(b) A person subject to registration under this chapter shall
report to the local law enforcement authority any change in status
with respect to the person's name, physical health, or job not later
than the seventh day after the date of the change. For purposes of
this subsection, a person's job status changes if the person leaves
employment for any reason, remains employed by an employer but
changes the location at which the person works, or begins
employment with a new employer. For purposes of this subsection, a
person's health status changes if the person is hospitalized as a
result of an illness. Regarding a change of name, the notice of a
proposed name change provided to a local law enforcement authority
as described by Sections 45.004 and 45.103, Family Code, is
sufficient for purposes of this subsection, except that the person
shall promptly notify the authority of any denial of the person's
petition for a change of name.

Added by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 444, Sec. 6, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1415, Sec. 14, eff. Sept. 1, 1999;
Subsec. (b) amended by Acts 2001, 77th Leg., ch. 19, Sec. 1, eff.
Sept. 1, 2001; Amended by Acts 2003, 78th Leg., ch. 347, Sec. 8,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1300, Sec. 4, eff.
Sept. 1, 2003.

For text of section as amended by Acts 2003, ch. 347, Sec. 8, see

 

Art. 62.05, ante

Art. 62.06. Law enforcement verification of registration
information

(a) A person subject to registration under this chapter who has for
a sexually violent offense been convicted two or more times,
received an order of deferred adjudication two or more times, or
been convicted and received an order of deferred adjudication shall
report to the local law enforcement authority designated as the
person's primary registration authority by the department not less
than once in each 90-day period following the date the person first
registered under this chapter to verify the information in the
registration form maintained by the authority for that person. A
person subject to registration under this chapter who is not
subject to the 90-day reporting requirement described by this
subsection shall report to the local law enforcement authority
designated as the person's primary registration authority by the
department once each year not earlier than the 30th day before and
not later than the 30th day after the anniversary of the person's
date of birth to verify the information in the registration form
maintained by the authority for that person. For purposes of this
subsection, a person complies with a requirement that the person
register within a 90-day period following a date if the person
registers at any time on or after the 83rd day following that date
but before the 98th day after that date.

(b) A local law enforcement authority designated as a person's
primary registration authority by the department may direct the
person to report to the authority to verify the information in the
registration form maintained by the authority for that person. The
authority may direct the person to report under this subsection
once in each 90-day period following the date the person first
registered under this chapter, if the person is required to report
not less than once in each 90-day period under Subsection (a) or
once in each year not earlier than the 30th day before and not later
than the 30th day after the anniversary of the person's date of
birth, if the person is required to report once each year under
Subsection (a). A local law enforcement authority may not direct a
person to report to the authority under this subsection if the
person is required to report under Subsection (a) and is in
compliance with the reporting requirements of that subsection.

(c) A local law enforcement authority with whom a person reports
under this article shall require the person to produce proof of the
person's identity and residence before the authority gives the
registration form to the person for verification. If the
information in the registration form is complete and accurate, the
person shall verify registration by signing the form. If the
information is not complete or not accurate, the person shall make
any necessary additions or corrections before signing the form.

(d) A local law enforcement authority designated as a person's
primary registration authority by the department may at any time
mail a nonforwardable verification form to the last reported
address of the person. Not later than the 21st day after receipt of
a verification form under this subsection, the person shall:

(1) indicate on the form whether the person still resides at the
last reported address and, if not, provide on the form the person's
new address;

(2) complete any other information required by the form;

(3) sign the form; and

(4) return the form to the authority.

(e) For purposes of this article, a person receives multiple
convictions or orders of deferred adjudication regardless of
whether:

(1) the judgments or orders are entered on different dates; or

(2) the offenses for which the person was convicted or placed on
deferred adjudication arose out of different criminal
transactions.

Added by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1997.
Subsec. (a) amended by Acts 1999, 76th Leg., ch. 444, Sec. 7, eff.
Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, Sec. 15,
eff. Sept. 1, 1999; Subsec. (b) amended by Acts 1999, 76th Leg.,
ch. 444, Sec. 7, eff. Sept. 1, 1999; amended by Acts 1999, 76th
Leg., ch. 1415, Sec. 15, eff. Sept. 1, 1999; Subsec. (e) added by
Acts 2001, 77th Leg., ch. 211, Sec. 9, eff. Sept. 1, 2001; Subsecs.
(a), (b), and (d) amended by Acts 2003, 78th Leg., ch. 347, Sec. 9,
eff. Sept. 1, 2003.

 

Art. 62.061. Verification of Individuals Subject to Commitment

(a) Notwithstanding Article 62.06, if an individual subject to
registration under this chapter is civilly committed as a sexually
violent predator, the person shall report to the local law
enforcement authority designated as the person's primary
registration authority by the department not less than once in each
30-day period following the date the person first registered under
this chapter to verify the information in the registration form
maintained by the authority for that person. For purposes of this
subsection, a person complies with a requirement that the person
register within a 30-day period following a date if the person
registers at any time on or after the 27th day following that date
but before the 33rd day after that date.

(b) On the date that a court releases a person described by
Subsection (a) from all requirements of the civil commitment
process:

(1) the person's duty to verify registration as a sex offender is no
longer imposed by this article; and

(2) the person is required to verify registration as provided by
Article 62.06.

Added by Acts 1999, 76th Leg., ch. 444, Sec. 5(b); Subsec. (a)
amended by Acts 2003, 78th Leg., ch. 347, Sec. 10, eff. Sept. 1,
2003.

 

Art. 62.062. Registration of Persons Regularly Visiting Location

(a) A person subject to this chapter who on at least three occasions
during any month spends more than 48 consecutive hours in a
municipality or county in this state, other than the municipality
or county in which the person is registered under this chapter,
before the last day of that month shall report that fact to:

(1) the local law enforcement authority of the municipality in
which the person is a visitor; or

(2) if the person is a visitor in a location that is not a
municipality, the local law enforcement authority of the county in
which the person is a visitor.

(b) A person described by Subsection (a) shall provide the local law
enforcement authority with:

(1) all information the person is required to provide under Article
62.02(b);

(2) the address of any location in the municipality or county, as
appropriate, at which the person was lodged during the month; and

(3) a statement as to whether the person intends to return to the
municipality or county during the succeeding month.

(c) This article does not impose on a local law enforcement
authority requirements of public notification or notification to
schools relating to a person about whom the authority is not
otherwise required by this chapter to make notifications.

Added by Acts 1999, 76th Leg., ch. 444, Sec. 8, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1415, Sec. 16, eff. Sept. 1, 1999.

 

Art. 62.063. Registration of Certain Workers or Students

(a) A person is subject to this article and, except as otherwise
provided by this article, to the other articles of this chapter if
the person:

(1) has a reportable conviction or adjudication;

(2) resides in another state; and

(3) is employed, carries on a vocation, or is a student in this
state.

(b) A person described by Subsection (a) is subject to the
registration and verification requirements of Articles 62.02 and
62.06 and to the change of address requirements of Article 62.04,
except that the registration and verification and the reporting of
a change of address are based on the municipality or county in which
the person works or attends school. The person is subject to the
school notification requirements of Articles 62.03 and 62.04,
except that notice provided to the superintendent and any
administrator is based on the public school district in which the
person works or attends school.

(c) A person described by Subsection (a) is not subject to Article
62.12 and the newspaper publication requirements of Articles 62.03
and 62.04.

(d) The duty to register for a person described by Subsection (a)
ends when the person no longer works or studies in this state,
provides notice of that fact to the local law enforcement authority
in the municipality or county in which the person works or attends
school, and receives notice of verification of that fact from the
authority. The authority must verify that the person no longer
works or studies in this state and must provide to the person notice
of that verification within a reasonable time.

(e) Notwithstanding Subsection (a), this article does not apply to
a person who has a reportable conviction or adjudication, who
resides in another state, and who is employed, carries on a
vocation, or is a student in this state if the person establishes
another residence in this state to work or attend school in this
state. However, that person remains subject to the other articles
of this chapter based on that person's residence in this state.

Added by Acts 1999, 76th Leg., ch. 1193, Sec. 8, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1415, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Vernon's Ann.C.C.P. art. 62.061 by Acts 2003, 78th
Leg., ch. 1275, Sec. 2(10), eff. Sept. 1, 2003.

 

Art. 62.064. Registration of Workers or Students at Institutions of
Higher Education

(a) Not later than the seventh day after the date on which the
person begins to work or attend school, a person required to
register under Article 62.061, as added by Chapters 1193 and 1415,
Acts of the 76th Legislature, Regular Session, 1999, or any other
provision of this chapter who is employed, carries on a vocation, or
is a student at a public or private institution of higher education
in this state shall report that fact to:

(1) the authority for campus security for that institution; or

(2) if an authority for campus security for that institution does
not exist, the local law enforcement authority of:

(A) the municipality in which the institution is located; or

(B) the county in which the institution is located, if the
institution is not located in a municipality.

(b) A person described by Subsection (a) shall provide the
authority for campus security or the local law enforcement
authority with all information the person is required to provide
under Article 62.02(b).

(c) A person described by Subsection (a) shall notify the authority
for campus security or the local law enforcement authority not
later than the seventh day after the date of termination of the
person's status as a worker or student at the institution.

(d) The authority for campus security or the local law enforcement
authority shall promptly forward to the administrative office of
the institution any information received from the person under this
article and any information received from the department under
Article 62.08.

(e) Subsection (a)(2) does not require a person to register at a
local law enforcement authority if the person is otherwise required
by this chapter to register at that authority.

(f) This article does not impose the requirements of public
notification or notification to public or private primary or
secondary schools on:

(1) an authority for campus security; or

(2) a local law enforcement authority, if those requirements relate
to a person about whom the authority is not otherwise required by
this chapter to make notifications.

(g) Notwithstanding Article 62.062, the requirements of this
article supersede those of Article 62.062 for a person required to
register under both this article and Article 62.062.

(h) Regardless of the date on which the person began to work or
attend school, a person described by Subsection (a) who is
employed, carrying on a vocation, or is a student at a public or
private institution of higher education in this state on September
1, 2003, shall report that fact not later than October 1, 2003, to
the appropriate authority as described by Subsection (a). This
subsection expires September 1, 2004.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 11, eff. Sept. 1, 2003.

 

Art. 62.065. Requirements Relating to Driver's License or Personal
Identification Certificate

(a) A person subject to registration under this chapter shall apply
to the department in person for the issuance of, as applicable, an
original or renewal driver's license under Section 521.272,
Transportation Code, an original or renewal personal
identification certificate under Section 521.103, Transportation
Code, or an original or renewal commercial driver's license or
commercial driver learner's permit under Section 522.033,
Transportation Code, not later than the 30th day after the date:

(1) the person is released from a penal institution or is released
by a court on juvenile probation or community supervision; or

(2) the department sends written notice to the person of the
requirements of this article.

(b) The person shall annually renew in person each driver's license
or personal identification certificate issued by the department to
the person, including each renewal, duplicate, or corrected license
or certificate, until the person's duty to register under this
chapter expires.

(c) Expired.

Added by Acts 1999, 76th Leg., ch. 1401, Sec. 3, eff. Sept. 1, 2000.
Subsec. (a) amended by Acts 2001, 77th Leg., ch. 546, Sec. 1, eff.
Sept. 1, 2001.

 

Art. 62.07. Remedies related to public notice

A person subject to registration under this chapter may petition
the district court for injunctive relief to restrain a local law
enforcement authority from publishing notice in a newspaper as
required by Article 62.03 or 62.04. The court may issue a temporary
restraining order under this article before notice is served and a
hearing is held on the matter. After a hearing on the matter, the
court may grant any injunctive relief warranted by the facts,
including a restraining order or a temporary or permanent
injunction, if the person subject to registration under this
chapter proves by a preponderance of the evidence specific facts
indicating that newspaper publication under Article 62.03 or 62.04
would place the person's health and well-being in immediate danger.

Added by Acts 1995, 74th Leg., ch. 258, Sec. 5, eff. Sept. 1, 1995.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 4A and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997.

 

Art. 62.08. Central Database; Public Information

(a) The department shall maintain a computerized central database
containing only the information required for registration under
this chapter.

(b) The information contained in the database is public
information, with the exception of any information:

(1) regarding the person's social security number, driver's license
number, or telephone number;

(2) that is required by the department under Article 62.02(b)(7);
or

(3) that would identify the victim of the offense for which the
person is subject to registration.

(c) Notwithstanding Chapter 730, Transportation Code, the
department shall maintain in the database, and shall post on any
department website related to the database, any photograph of the
person that is available through the process for obtaining or
renewing a personal identification certificate or driver's license
under Section 521.103 or 521.272, Transportation Code. The
department shall update the photograph in the database and on the
website annually or as the photograph otherwise becomes available
through the renewal process for the certificate or license.

(d) A local law enforcement authority shall release public
information described under Subsection (b) to any person who
submits to the authority a written request for the information. The
authority may charge the person a fee not to exceed the amount
reasonably necessary to cover the administrative costs associated
with the authority's release of information to the person under
this subsection.

(e) The department shall provide a licensing authority with notice
of any person required to register under this chapter who holds or
seeks a license that is issued by the authority. The department
shall provide the notice required by this subsection as the
applicable licensing information becomes available through the
person's registration or verification of registration.

(f) On the written request of a licensing authority that identifies
an individual and states that the individual is an applicant for or
a holder of a license issued by the authority, the department shall
release any information described by Subsection (a) to the
licensing authority.

(g) For the purposes of Subsections (e) and (f):

(1) "License" means a license, certificate, registration, permit,
or other authorization that:

(A) is issued by a licensing authority; and

(B) a person must obtain to practice or engage in a particular
business, occupation, or profession.

(2) "Licensing authority" means a department, commission, board,
office, or other agency of the state or a political subdivision of
the state that issues a license.

(h) Not later than the third day after the date on which the
applicable information becomes available through the person's
registration or verification of registration or under Article
62.05, the department shall send notice of any person required to
register under this chapter who is or will be employed, carrying on
a vocation, or a student at a public or private institution of
higher education in this state to:

(1) for an institution in this state:

(A) the authority for campus security for that institution; or

(B) if an authority for campus security for that institution does
not exist, the local law enforcement authority of:

(i) the municipality in which the institution is located; or

(ii) the county in which the institution is located, if the
institution is not located in a municipality; or

(2) for an institution in another state, any existing authority for
campus security at that institution.

(i) On the written request of an institution of higher education
described by Subsection (h) that identifies an individual and
states that the individual has applied to work or study at the
institution, the department shall release any information
described by Subsection (a) to the institution.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 258, Sec. 6, eff. Sept. 1,
1995. Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec.
5 and amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997. Subsec. (b) amended by Acts 1999, 76th Leg., ch. 1415, Sec.
17, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 211,
Sec. 10, eff. Sept. 1, 2001; Subsecs. (b), (d), (e) amended by and
(f) added by Acts 2001, 77th Leg., ch. 932, Sec. 2, eff. Sept. 1,
2001; Subsec. (b) amended by and Subsecs (h) and (i) added by Acts
2003, 78th Leg., ch. 347, Sec. 12, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1276, Sec. 5.003(a), eff. Sept. 1, 2003.

 

Art. 62.085. Information Provided to Peace Officer

The department shall establish a procedure by which a peace officer
or employee of a law enforcement agency who provides the department
with a driver's license, personal identification certificate, or
license plate number is automatically provided information as to
whether the person to whom the driver's license or personal
identification certificate is issued is required to register under
this chapter or whether the license plate number is entered in the
computerized central database under Article 62.08 as assigned to a
vehicle owned or driven by a person required to register under this
chapter.

Added by Acts 1999, 76th Leg., ch. 1401, Sec. 3, eff. Sept. 1, 2000.

 

Art. 62.09. Immunity for release of public information

(a) The department, a penal institution, a local law enforcement
authority, or an authority for campus security may release to the
public information regarding a person required to register only if
the information is public information under this chapter.

(b) An individual, agency, entity, or authority is not liable under
Chapter 101, Civil Practice and Remedies Code, or any other law for
damages arising from conduct authorized by Subsection (a).

(c) For purposes of determining liability, the release or
withholding of information by an appointed or elected officer of an
agency, entity, or authority is a discretionary act.

(d) A private primary or secondary school, public or private
institution of higher education, or administrator of a private
primary or secondary school or public or private institution of
higher education may release to the public information regarding a
person required to register only if the information is public
information under this chapter and is released to the administrator
under Article 62.03, 62.04, 62.064, or 62.08. A private primary or
secondary school, public or private institution of higher
education, or administrator of a private primary or secondary
school or public or private institution of higher education is not
liable under any law for damages arising from conduct authorized by
this subsection.

Added by Acts 1995, 74th Leg., ch. 258, Sec. 7, eff. Sept. 1, 1995.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 5A and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997; Subsecs. (a) and (d) amended by Acts 2003, 78th Leg., ch.
347, Sec. 13, eff. Sept. 1, 2003.

 

Art. 62.091. General Immunity

The following persons are immune from liability for good faith
conduct under this chapter:

(1) an employee or officer of the Texas Department of Criminal
Justice, the Texas Youth Commission, the Texas Juvenile Probation
Commission, or the Department of Public Safety;

(2) an employee or officer of a community supervision and
corrections department or a juvenile probation department; and

(3) a member of the judiciary.

Added by Acts 2001, 77th Leg., ch. 177, Sec. 5, eff. Sept. 1, 2001.

 

Art. 62.10. Failure to comply with registration requirements

(a) A person commits an offense if the person is required to
register and fails to comply with any requirement of this chapter.

(b) An offense under this article is:

(1) a state jail felony if the actor is a person whose duty to
register expires under Article 62.12(b);

(2) a felony of the third degree if the actor is a person whose duty
to register expires under Article 62.12(a) and who is required to
verify registration once each year under Article 62.06; and

(3) a felony of the second degree if the actor is a person whose duty
to register expires under Article 62.12(a) and who is required to
verify registration once each 90-day period under Article 62.06.

(c) If it is shown at the trial of a person for an offense under this
article that the person has previously been convicted of an offense
under this article, the punishment for the offense is increased to
the punishment for the next highest degree of felony.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 7 and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997. Subsec. (b) amended by Acts 1999, 76th Leg., ch. 444, Sec. 9,
eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, Sec.
18, eff. Sept. 1, 1999; Subsec. (c) amended by Acts 1999, 76th
Leg., ch. 444, Sec. 9, eff. Sept. 1, 1999; amended by Acts 1999,
76th Leg., ch. 1415, Sec. 18, eff. Sept. 1, 1999.

 

Art. 62.101. Failure to Comply: Individuals Subject to Commitment

(a) A person commits an offense if the person, after commitment as a
sexually violent predator but before the person is released from
all requirements of the civil commitment process, fails to comply
with any requirement of this chapter.

(b) An offense under this section is a felony of the second degree.

Added by Acts 1999, 76th Leg., ch. 444, Sec. 5(c).

 

Art. 62.11. Applicability

(a) This chapter applies only to a reportable conviction or
adjudication occurring on or after September 1, 1970, except that
the provisions of Articles 62.03 and 62.04 of this chapter relating
to the requirement of newspaper publication apply only to a
reportable conviction or adjudication occurring on or after:

(1) September 1, 1997, if the conviction or adjudication relates to
an offense under Section 43.05, Penal Code; or

(2) September 1, 1995, if the conviction or adjudication relates to
any other offense listed in Article 62.01(5).

(b) Except as provided by Subsection (c), the duties imposed on a
person required to register under this chapter on the basis of a
reportable conviction or adjudication, and the corresponding
duties and powers of other entities in relation to the person
required to register on the basis of that conviction or
adjudication, are not affected by:

(1) an appeal of the conviction or adjudication; or

(2) a pardon of the conviction or adjudication.

(c) If a conviction or adjudication that is the basis of a duty to
register under this chapter is set aside on appeal by a court or if
the person required to register under this chapter on the basis of a
conviction or adjudication receives a pardon on the basis of
subsequent proof of innocence, the duties imposed on the person by
this chapter and the corresponding duties and powers of other
entities in relation to the person are terminated.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 866, Sec. 3, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 258, Sec. 8, eff. Sept. 1, 1995.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 8 and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 211, Sec. 11, eff. Sept.
1, 2001.

 

Art. 62.12. Expiration of duty to register

(a) The duty to register for a person ends when the person dies if
the person has a reportable conviction or adjudication, other than
an adjudication of delinquent conduct, for:

(1) a sexually violent offense;

(2) an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal
Code;

(3) an offense under Section 21.11(a)(2), Penal Code, if before or
after the person is convicted or adjudicated for the offense under
Section 21.11(a)(2), Penal Code, the person receives or has
received another reportable conviction or adjudication, other than
an adjudication of delinquent conduct, for an offense or conduct
that requires registration under this chapter; or

(4) an offense under Section 20.02, 20.03, or 20.04, Penal Code, or
an attempt, conspiracy, or solicitation to commit one of those
offenses, if:

(A) the judgment in the case contains an affirmative finding under
Article 42.015 or, for a deferred adjudication, the papers in the
case contain an affirmative finding that the victim or intended
victim was younger than 17 years of age; and

(B) before or after the person is convicted or adjudicated for the
offense under Section 20.02, 20.03, or 20.04, Penal Code, the
person receives or has received another reportable conviction or
adjudication, other than an adjudication of delinquent conduct, for
an offense or conduct that requires registration under this
chapter.

(b) The duty to register for a person with a reportable conviction
or adjudication for an offense other than an offense described by
Subsection (a) ends:

(1) if the person's duty to register is based on an adjudication of
delinquent conduct, on the 10th anniversary of the date on which the
disposition is made or the person completes the terms of the
disposition, whichever date is later; or

(2) if the person's duty to register is based on a conviction or on
an order of deferred adjudication, on the 10th anniversary of the
date on which the court dismisses the criminal proceedings against
the person and discharges the person, the person is released from
county jail, or the person discharges community supervision,
whichever date is later.

(c) Repealed by Acts 1999, 76th Leg., ch. 1415, Sec. 25, eff. Sept.
1, 1999.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 866, Sec. 4, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 676, Sec. 2, eff. Sept. 1, 1995.
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 9 and
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1,
1997. Subsec. (c) repealed by Acts 1999, 76th Leg., ch. 1415, Sec.
25, eff. Sept. 1, 1999; Subsec. (a) amended by Acts 2001, 77th
Leg., ch. 211, Sec. 12, eff. Sept. 1, 2001; Subsec. (a) amended by
Acts 2001, 77th Leg., ch. 1297, Sec. 53, eff. Sept. 1, 2001;
Subsec. (a) amended by Acts 2003, 78th Leg., ch. 347, Sec. 14, eff.
Sept. 1, 2003.

 

Art. 62.13. Hearing to Determine Need for Registration of a
Juvenile

(a) A person who has an adjudication of delinquent conduct that
would otherwise be reportable under Article 62.01(5) does not have
a reportable adjudication of delinquent conduct for purposes of
this chapter if the juvenile court enters an order under this
article excusing compliance by the person with the registration
requirements of this chapter.

(b) During or after disposition of a case under Section 54.04,
Family Code, for adjudication of an offense for which registration
is required under this chapter, the juvenile court on motion of the
respondent shall conduct a hearing to determine whether the
interests of the public require registration under this chapter.
The motion may be filed and the hearing held regardless of whether
the respondent is under 18 years of age.

(c) The hearing is without a jury and the burden of persuasion is on
the respondent to show by a preponderance of evidence that the
criteria of Subsection (e) have been met. The court at the hearing
may make its determination based on:

(1) the receipt of exhibits;

(2) the testimony of witnesses;

(3) representations of counsel for the parties; or

(4) the contents of a social history report prepared by the juvenile
probation department that may include the results of testing and
examination of the respondent by a psychologist, psychiatrist, or
counselor.

(d) All written matter considered by the court shall be disclosed to
all parties as provided by Section 54.04(b), Family Code.

(e) The court shall enter an order excusing compliance with the
registration requirements of this chapter if the court determines:

(1) that the protection of the public would not be increased by
registration of the respondent under this chapter; or

(2) that any potential increase in protection of the public
resulting from registration is clearly outweighed by the
anticipated substantial harm to the respondent and the respondent's
family that would result from registration under this chapter.

(f) The prosecuting attorney may waive the state's right to a
hearing under this article and agree that registration under this
chapter is not required. If the waiver is entered under a plea
agreement, the court shall without a hearing enter an order
excusing compliance with the registration requirements of this
chapter or, under Section 54.03(j), Family Code, inform the
respondent that the court believes a hearing under this article is
required and give the respondent the opportunity to withdraw the
respondent's plea of guilty, nolo contendere, or true or to affirm
the respondent's plea and participate in the hearing. If the waiver
is entered other than under a plea agreement, the court shall
without a hearing enter an order excusing compliance with the
registration requirements of this chapter. The waiver must state
whether or not it is entered under a plea agreement. The respondent
may as part of a plea agreement promise not to file a motion seeking
an order excusing registration, in which case the court may not
recognize the motion.

(g) Notwithstanding Section 56.01, Family Code, on entry by a
juvenile court of an order under Subsection (e) excusing
registration under this chapter, the prosecuting attorney may
appeal that order by giving notice of appeal within the time
required under Rule 26.2(b), Texas Rules of Appellate Procedure.
The appeal is civil and the standard of review in the appellate
court is whether the juvenile court committed procedural error or
abused its discretion in excusing compliance with registration.
The appeal is limited to review of the order excusing compliance
with registration and may not include any other issues in the case.

(h) The respondent may under Section 56.01, Family Code, appeal the
juvenile court's order requiring registration in the same manner as
the appeal of any other legal issue in the case. The standard of
review in the appellate court is whether the juvenile court
committed procedural error or abused its discretion in not excusing
compliance with registration.

(i) If the juvenile court enters an order excusing registration,
the respondent may not be required to register in this or any other
state for the offense for which registration was excused.

(j) After a hearing under Subsection (b) or under a plea agreement
under Subsection (f), the juvenile court may enter an order
deferring decision on requiring registration until the respondent
has completed treatment for the respondent's sexual offense as a
condition of probation or while committed to the Texas Youth
Commission. The court retains discretion to require or to excuse
registration at any time during the treatment or on its successful
or unsuccessful completion. During the period of deferral,
registration may not be required. Following successful completion
of treatment, registration is excused unless a hearing under this
article is held on motion of the state and the court determines the
interests of the public require registration. Not later than the
10th day after the date of the respondent's successful completion
of treatment, the treatment provider shall notify the juvenile
court and prosecuting attorney of the completion.

(k) After a hearing under Subsection (b) or under a plea agreement
under Subsection (f), the juvenile court may enter an order
requiring the respondent to register as a sex offender but provide
that the registration information is not public information and is
restricted to use by law enforcement and criminal justice agencies
and public or private institutions of higher education.
Information obtained under this subsection may not be posted on the
Internet or released to the public.

(l) A person who has registered as a sex offender for an
adjudication of delinquent conduct, regardless of when the
delinquent conduct or the adjudication for the conduct occurred,
may file a motion in the adjudicating juvenile court for a hearing
seeking excusal from registration as provided by Subsection (e) or
seeking under Subsection (k) an order that the registration become
nonpublic.

(m) The person may file a motion under Subsection (l) in the
original juvenile case regardless of whether the person is at the
time of filing 18 years of age or older. Notice of the motion shall
be provided to the prosecuting attorney. A hearing on the motion
shall be provided as in other cases under this article.

(n) Only one motion may be filed under Subsection (l) if a previous
motion under this article has been filed concerning that case.

(o) To the extent feasible, the motion under Subsection (l) shall
identify those public and private agencies and organizations,
including public or private institutions of higher education, that
possess sex offender registration information about the case.

(p) The juvenile court, after a hearing, may:

(1) deny the motion;

(2) grant the motion to excuse all registration; or

(3) grant the motion to change the registration from public to
nonpublic.

Text of subsec. (q) as amended by Acts 2003, 78th Leg., ch. 283, Sec. 36

 

(q) If the court grants the motion, the clerk of the court shall by
certified mail, return receipt requested, send a copy of the order
to the department, to each local law enforcement authority that the
person has proved to the juvenile court has registration
information about the person, and to each public or private agency
or organization that the person has proved to the juvenile court has
information about the person that is currently available to the
public with or without payment of a fee. The clerk of the court
shall by certified mail, return receipt requested, send a copy of
the order to any other agency or organization designated by the
person. The person shall identify the agency or organization and
its address and pay a fee of $20 to the court for each agency or
organization the person designates.

Text of subsec. (q) as amended by Acts 2003, 78th Leg., ch. 347, Sec. 15

 

(q) If the court grants the motion, a copy of the court's order
shall be sent to:

(1) each public or private agency or organization that the court
determines may be in possession of sex offender registration
information pertaining to the person required to register under
this chapter; and

(2) at the request of the person required to register under this
chapter, each public or private agency or organization that at any
time following the initial dissemination of the order under
Subdivision (1) gains possession of sex offender registration
information pertaining to that person, if the agency or
organization did not otherwise receive a copy of the order under
Subdivision (1).

(q-1) An order under Subsection (q) shall require the recipient to
conform its records to the court's orders either by deleting the sex
offender registration information or changing its status to
nonpublic, as the order requires. A public or private institution
of higher education may not be required to delete the sex offender
registration information under this subsection.

(r) A private agency or organization that possesses sex offender
registration information it obtained from a state, county, or local
governmental entity is required to conform its records to the
court's order on or before the 30th day after the date of its entry.
Failure to comply in that period automatically bars an agency or
organization, other than a public or private institution of higher
education, from obtaining sex offender registration information
from any state, county, or local governmental entity in this state
in the future.

(s) A person required to register as a sex offender in this state
because of an out-of-state adjudication of delinquent conduct may
file in the juvenile court of the person's county of residence a
petition under Subsection (a) for an order to excuse compliance
with this chapter. If the person is already registered as a sex
offender in this state because of an out-of-state adjudication of
delinquent conduct, the person may file in the juvenile court of the
person's county of residence a petition under Subsection (l) for an
order removing the person from sex offender registries in this
state. On receipt of a petition to excuse compliance or for
removal, the juvenile court shall conduct a hearing and make
rulings as in other cases under this article. An order entered
under this subsection requiring removal of registration
information applies only to registration information derived from
registration in this state.

Added by Acts 2001, 77th Leg., ch. 1297, Sec. 54, eff. Sept. 1,
2001. Subsecs. (b) and (j) amended by Acts 2003, 78th Leg., ch.
283, Sec. 36, eff. Sept. 1, 2003; Subsec. (k) amended by Acts 2003,
78th Leg., ch. 347, Sec. 15, eff. Sept. 1, 2003; Subsec. (n)
amended by Acts 2003, 78th Leg., ch. 283, Sec. 36, eff. Sept. 1,
2003; Subsec. (o) amended by Acts 2003, 78th Leg., ch. 347, Sec.
15, eff. Sept. 1, 2003; Subsec. (q) amended by Acts 2003, 78th
Leg., ch. 283, Sec. 36, eff. Sept. 1, 2003; amended by Acts 2003,
78th Leg., ch. 347, Sec. 15, eff. Sept. 1, 2003; Subsec. (q-1)
added by Acts 2003, 78th Leg., ch. 347, Sec. 15, eff. Sept. 1, 2003;
Subsec. (r) amended by Acts 2003, 78th Leg., ch. 347, Sec. 15, eff.
Sept. 1, 2003; Subsec. (s) added by Acts 2003, 78th Leg., ch. 283,
Sec. 36, eff. Sept. 1, 2003.

 

Art. 62.14. Removing Juvenile Registration Information When Duty to
Register Expires

(a) When a person is no longer required to register as a sex
offender for an adjudication of delinquent conduct, the department
shall remove all information about the person from the sex offender
registry.

(b) The duty to remove information under Subsection (a) arises if:

(1) the department has received notice from a local law enforcement
authority under Subsection (c) or (d) that the person is no longer
required to register or will no longer be required to renew
registration and the department verifies the correctness of that
information;

(2) the juvenile court that adjudicated the case for which
registration is required requests removal and the department
determines that the duty to register has expired; or

(3) the person or the person's representative requests removal and
the department determines that the duty to register has expired.

(c) When a person required to register for an adjudication of
delinquent conduct appears before a local law enforcement authority
to renew or modify registration information, the authority shall
determine whether the duty to register has expired. If the
authority determines that the duty to register has expired, the
authority shall remove all information about the person from the
sex offender registry and notify the department that the person's
duty to register has expired.

(d) When a person required to register for an adjudication of
delinquent conduct appears before a local law enforcement authority
to renew registration information, the authority shall determine
whether the renewal is the final annual renewal of registration
required by law. If the authority determines that the person's duty
to register will expire before the next annual renewal is
scheduled, the authority shall automatically remove all
information about the person from the sex offender registry on
expiration of the duty to register and notify the department that
the information about the person has been removed from the
registry.

(e) When the department has removed information under Subsection
(a), the department shall notify all local law enforcement
authorities that have provided registration information to the
department about the person of the removal. A local law enforcement
authority that receives notice from the department under this
subsection shall remove all registration information about the
person from its registry.

(f) When the department has removed information under Subsection
(a), the department shall notify all public and private agencies or
organizations to which it has provided registration information
about the person of the removal. On receiving notice, the public or
private agency or organization shall remove all registration
information about the person from any registry the agency or
organization maintains that is accessible to the public with or
without charge.

Added by Acts 2003, 78th Leg., ch. 283, Sec. 37, eff. Sept. 1, 2003

[ Back to top ]

© 2006 John T. Floyd III All Rights Reserved : Web Master Kevin Grey Lee