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, 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 or federal law 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, 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 or federal law 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, 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 62.061(e).

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

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, 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, § 2, eff. Sept. 1, 2001.

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, § 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 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, 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 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, including a college, university, community college, or technical or trade institute.

Added by Acts 1999, 76th Leg., ch. 1193, § 8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, § 9, eff. Sept. 1, 1999.

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, 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(f), that is held or sought by the person; and

(6) 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.

(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.

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

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; or

(B) federal law or the Uniform Code of Military Justice; 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, 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 or federal law 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 had the person remained in that state, 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, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, § 11, eff. Sept. 1, 1999; Subsecs. (a), (c) amended by Acts 2001, 77th Leg., ch. 211, § 3, eff. Sept. 1, 2001.

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 with whom the person last registered 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; and

(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;

(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, 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 age of the person subject to registration, the basis on which the person is subject to registration under this chapter, and the person's numeric risk level. If the victim is a child younger than 17 years of age and the basis on which the person is subject to registration is not an adjudication of delinquent conduct and is not a conviction or a deferred adjudication for an offense under Section 25.02, Penal Code, 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. The authority shall publish a duplicate notice in the newspaper, with any necessary corrections, during the week immediately following the week of initial publication. If the victim is a child younger than 17 years of age or the person subject to registration is 17 years of age or older and a student enrolled in a public or private secondary school, regardless of the basis on which the person is subject to registration, the authority shall 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. 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; and

(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, 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.

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

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, § 2, eff. Aug. 30, 1999. Amended by Acts 2001, 77th Leg., ch. 177, § 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 with whom the person last registered 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 with whom the person last registered 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) report to the local law enforcement authority with whom the person last registered not later than the seventh day after the anticipated move date 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 age of the person subject to registration, the basis on which the person is subject to registration under this chapter, and the person's numeric risk level. If the victim is a child younger than 17 years of age, the basis on which the person is subject to registration is not an adjudication of delinquent conduct and is not a conviction or a deferred adjudication for an offense under Section 25.02, Penal Code, and the person is not assigned a numeric risk level of one, 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. The local law enforcement authority shall publish a duplicate notice in the newspaper, with any necessary corrections, during the week immediately following the week of initial publication. If the victim is a child younger than 17 years of age or the person subject to registration is 17 years of age or older and a student enrolled in a public or private secondary school, regardless of the basis on which the person is subject to registration or the person's numeric risk level, the authority shall 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. 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, § 1, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 258, § 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 667, § 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1430, § 9, eff. Sept. 1, 1997. Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, § 4 and amended by Acts 1997, 75th Leg., ch. 668, § 1, eff. Sept. 1, 1997. Subsec. (a) amended by Acts 1999, 76th Leg., ch. 444, § 4, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, § 13, eff. Sept. 1, 1999; Subsec. (d) amended by Acts 1999, 76th Leg., ch. 1557, § 3, eff. Aug. 30, 1999; Subsec. (f) amended by Acts 1999, 76th Leg., ch. 444, § 4, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, § 13, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1557, § 3, eff. Aug. 30, 1999; Subsec. (g) amended by Acts 1999, 76th Leg., ch. 1415, § 13, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1557, § 3, eff. Aug. 30, 1999; Subsecs. (d), (f) amended by Acts 2001, 77th Leg., ch. 177, § 3, eff. Sept. 1, 2001; Subsec. (g) amended by Acts 2001, 77th Leg., ch. 1420, § 3.004, eff. Sept. 1, 2001; Subsec. (j) added by Acts 2001, 77th Leg., ch. 211, § 5, eff. Sept. 1, 2001.

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, § 4, eff. Aug. 30, 1999. Subsec. (a) amended by Acts 2001, 77th Leg., ch. 177, § 4, eff. Sept. 1, 2001; Subsec. (b) amended by Acts 2001, 77th Leg., ch. 211, § 6, eff. Sept. 1, 2001; Subsec. (d) amended by Acts 2001, 77th Leg., ch. 177, § 4, eff. Sept. 1, 2001; Subsec. (e) amended by Acts 2001, 77th Leg., ch. 211, § 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, § 5(a). Subsec. (b) amended by Acts 2001, 77th Leg., ch. 211, § 8, eff. Sept. 1, 2001.

Art. 62.05. Status Report by Supervising Officer

(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 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 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 the person's physical health or job status 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.

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

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 with whom the person is required to register 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 with whom the person is required to register 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 with whom a person is required to register under this chapter 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 with whom a person is required to register under this chapter 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, § 1, eff. Sept. 1, 1997. Subsec. (a) amended by Acts 1999, 76th Leg., ch. 444, § 7, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, § 15, eff. Sept. 1, 1999; Subsec. (b) amended by Acts 1999, 76th Leg., ch. 444, § 7, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, § 15, eff. Sept. 1, 1999; Subsec. (e) added by Acts 2001, 77th Leg., ch. 211, § 9, eff. Sept. 1, 2001.

Art. 62.061. Verification of Individuals Subject to Commitment

Text of article as added by Acts 1999, 76th Leg., ch. 444, § 5(b)

(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 with whom the person is required to register 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, § 5(b).

For text of article as added by Acts 1999, 76th Leg., ch. 1193, § 8, and Acts 1999, 76th Leg., ch. 1415, § 16, see art. 62.061, post.

Art. 62.061. Registration of Certain Workers or Students

Text of article as added by Acts 1999, 76th Leg., ch. 1193, § 8, and Acts 1999, ch. 1415, § 16

(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, § 8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, § 16, eff. Sept. 1, 1999.

For text of article as added by Acts 1999, 76th Leg., ch. 444, § 5(b), see art. 62.061, ante.

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, § 8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, § 16, eff. Sept. 1, 1999.

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, § 3, eff. Sept. 1, 2000. Subsec. (a) amended by Acts 2001, 77th Leg., ch. 546, § 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, § 5, eff. Sept. 1, 1995. Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, § 4A and amended by Acts 1997, 75th Leg., ch. 668, § 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)(6); 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.

Text of subsec. (d) as amended by Acts 2001, 77th Leg., ch. 211, § 10

(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.

Text of subsec. (d) as amended by Acts 2001, 77th Leg., ch. 932, § 2

(d) 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.

(e) 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.

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

(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.

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

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, § 3, eff. Sept. 1, 2000.

Art. 62.09. Immunity for release of public information

(a) The department, a penal institution, or a local law enforcement authority may release to the public information regarding a person required to register 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 or administrator of a private primary or secondary school may release to the public information regarding a person required to register if the information is public information under this chapter and is released to the administrator under Article 62.03 or 62.04. A private primary or secondary school or administrator of a private primary or secondary school is not liable under any law for damages arising from conduct authorized by this subsection.

Added by Acts 1995, 74th Leg., ch. 258, § 7, eff. Sept. 1, 1995. Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, § 5A and amended by Acts 1997, 75th Leg., ch. 668, § 1, eff. Sept. 1, 1997.

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, § 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, § 1, eff. Sept. 1, 1991. Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, § 7 and amended by Acts 1997, 75th Leg., ch. 668, § 1, eff. Sept. 1, 1997. Subsec. (b) amended by Acts 1999, 76th Leg., ch. 444, § 9, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, § 18, eff. Sept. 1, 1999; Subsec. (c) amended by Acts 1999, 76th Leg., ch. 444, § 9, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, § 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, § 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, § 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 866, § 3, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 258, § 8, eff. Sept. 1, 1995. Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, § 8 and amended by Acts 1997, 75th Leg., ch. 668, § 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 211, § 11, eff. Sept. 1, 2001.

Art. 62.12. Expiration of duty to register

Text of subsec. (a) as amended by Acts 2001, 77th Leg., ch. 211, § 12

(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, as added by Chapter 1193, Acts of the 76th Legislature, Regular Session, 1999, 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.

Text of subsec. (a) as amended by Acts 2001, 77th Leg., ch. 1297, § 53

(a) The duty to register for a person with a reportable conviction for a sexually violent offense or for an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal Code, ends when the person dies. This subsection does not apply to an adjudication by a juvenile court under Title 3, Family Code.

(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, § 25, eff. Sept. 1, 1999.

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

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) 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.

(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 a sex offender treatment program 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 program or on its successful or unsuccessful completion. During the period of deferral, registration may not be required.

(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. 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) A motion may be filed under Subsection (l) only if a previous motion under this article has not been filed concerning that case.

(o) To the extent feasible, the motion under Subsection (l) shall identify those public and private agencies and organizations 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.

(q) If the court grants the motion, a copy of the court's order shall be sent to each public and private agency or organization that the court determines may be in possession of sex offender registration information. The order shall require the recipient to conform its records to the court's orders either by deleting the information or changing its status to nonpublic, as the order requires.

(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 the agency or organization from obtaining sex offender registration information from any state, county, or local governmental entity in this state in the future.