reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.03. Seizure of Contraband

(a)  Property subject to forfeiture under this chapter, other than property described by Article 59.12, may be seized by any peace officer under authority of a search warrant.
(b) Seizure of property subject to forfeiture may be made without warrant if:
(1) the owner, operator, or agent in charge of the property knowingly consents;
(2) the seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents;
(3) the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this chapter;  or
(4) the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest.
(c) A peace officer who seizes property under this chapter has custody of the property, subject only to replevy under Article 59.02 of this code or an order of a court.  A peace officer who has custody of property shall provide the attorney representing the state with a sworn statement that contains a schedule of the property seized, an acknowledgment that the officer has seized the property, and a list of the officer's reasons for the seizure.  Not later than 72 hours after the seizure, the peace officer shall:
(1) place the property under seal;
(2) remove the property to a place ordered by the court;  or
(3) require a law enforcement agency of the state or a political subdivision to take custody of the property and move it to a proper location.
(d)  A person in the possession of property at the time a peace officer seizes the property under this chapter may at the time of seizure assert the person's interest in or right to the property.  A peace officer, including the peace officer who seizes the property, may not request, require, or in any manner induce any person, including a person who asserts an interest in or right to the property, to execute a document purporting to waive the person's interest in or rights to property seized under this chapter.
(e)  At any time before notice is filed under Article 59.04(b), an attorney representing the state may not request, require, or in any manner induce any person, including a person who asserts an interest in or right to property seized under this chapter, to execute a document purporting to waive the person's interest in or rights to the property.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct. 18, 1989.  Subsec. (a) amended by Acts 2001, 77th Leg., ch. 438, Sec. 3, eff. Sept. 1, 2001;  Subsec. (d) added by Acts 2001, 77th Leg., ch. 929, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1321 (S.B. 316), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.061. Audits and Investigations

(a)  The state auditor may at any time perform an audit or conduct an investigation, in accordance with this article and Chapter 321, Government Code, related to the seizure, forfeiture, receipt, and specific expenditure of proceeds and property received under this chapter.
(b)  The state auditor is entitled at any time to access any book, account, voucher, confidential or nonconfidential report, or other record of information, including electronic data, maintained under Article 59.06, except that if the release of the applicable information is restricted under state or federal law, the state auditor may access the information only with the approval of a court or federal administrative agency, as appropriate.
(c)  If the results of an audit or investigation under this article indicate that a law enforcement agency or attorney representing the state has knowingly violated or is knowingly violating a provision of this chapter relating to the disposition of proceeds or property received under this chapter, the state auditor shall promptly notify the attorney general for the purpose of initiating appropriate enforcement proceedings under Article 59.062.
(d)  The law enforcement agency or attorney representing the state shall reimburse the state auditor for costs incurred by the state auditor in performing an audit under this article.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1321 (S.B. 316), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.07. Immunity

This chapter does not impose any additional liability on any authorized state, county, or municipal officer engaged in the lawful performance of the officer's duties.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct. 18, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.08. Deposit of Money Pending Disposition

(a)  If money that is contraband is seized, the attorney representing the state may deposit the money in an interest-bearing bank account in the jurisdiction of the attorney representing the state until a final judgment is rendered concerning the contraband.
(b) If a final judgment is rendered concerning contraband, money that has been placed in an interest-bearing bank account under Subsection (a) of this article shall be distributed in the same manner as proceeds are distributed under Article 59.06 of this code, with any interest being distributed in the same manner and used for the same purpose as the principal.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct. 18, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.09. Right to Attorney Not to Be Abridged

This chapter is not intended to abridge an accused person's right to counsel in a criminal case.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct. 18, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.10. Election of Laws

If property is subject to forfeiture under this chapter and under any other law of this state, the attorney representing the state may bring forfeiture proceedings under either law.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct. 18, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.12. Seizure of Accounts and Assets at Regulated Financial Institution

(a)  This article applies to property consisting of a depository account or assets in a regulated financial institution.
(b) A regulated financial institution, at the time a seizure warrant issued under Chapter 18 is served on the institution, may either:
(1) pay an account or tender assets held as security for an obligation owed to the institution at the time of the service of the seizure warrant;  or
(2) transfer the depository account or assets to a segregated interest-bearing account in the name of the attorney representing the state as trustee, to remain in the account until the time has expired for an appeal from a decision of the court relating to the forfeiture of accounts or assets under Article 59.05.
(c) Immediately on service of the seizure warrant, the regulated financial institution shall take action as necessary to segregate the account or assets and shall provide evidence, certified by an officer of the institution, of the terms and amount of the account or a detailed inventory of the assets to the peace officer serving the warrant.  Except as otherwise provided by this article, a transaction involving an account or assets, other than the deposit or reinvestment of interest, dividends, or other normally recurring payments on the account or assets that do not involve distribution of proceeds to the owner, is not authorized unless approved by the court that issued the seizure warrant or, if a forfeiture action has been instituted, the court in which that action is pending.
(d) Any accrual to the value of the account or assets during the pendency of the forfeiture proceedings is subject to the procedures for the disbursement of interest under Article 59.08.
(e) If the regulated financial institution fails to release the depository account or assets to a peace officer pursuant to a seizure warrant or transfer the account or assets as required by Subsection (b), and as a result cannot comply with the court's forfeiture order, the court:
(1) shall order the regulated financial institution and its culpable officers, agents, or employees to pay actual damages, attorney's fees, and court costs incurred as a result of the institution's failure to comply;  and
(2) may find the regulated financial institution and its culpable officers, agents, or employees in contempt.
(f) A regulated financial institution that complies with this article is not liable in damages because of the compliance.
(g) This article does not:
(1) impair the right of the state to obtain possession of physical evidence or to seize a depository account or other assets for purposes other than forfeiture under this chapter;  or
(2) waive criminal or civil remedies available under other law.
Added by Acts 2001, 77th Leg., ch. 438, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.13. Disclosure of Information Relating to Accounts and Assets at Regulated Financial Institution

(a)  The attorney representing the state may disclose information to the primary state or federal financial institution regulator, including grand jury information or otherwise confidential information, relating to any action contemplated or brought under this chapter that involves property consisting of a depository account in a regulated financial institution or assets held by a regulated financial institution as security for an obligation owed to a regulated financial institution.  An attorney representing the state who discloses information as permitted by this subsection is not subject to contempt under Subchapter E, Chapter 20A, for that disclosure.
(b) A primary state or federal financial institution regulator shall keep confidential any information provided by the attorney representing the state under Subsection (a).  The sharing of information under Subsection (a) by a representative of the state is not considered a waiver by the state of any privilege or claim of confidentiality.
(c) A regulator described by Subsection (b) commits an offense if the regulator knowingly discloses information in violation of this article.  An offense under this subsection is punishable by confinement in jail for a period not to exceed 30 days, a fine not to exceed $500, or both such confinement and fine.
Added by Acts 2001, 77th Leg., ch. 438, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.20, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.14. Notice to Primary State and Federal Financial Institution Regulators

(a)  Before taking any action under this chapter that implicates a potentially culpable officer or director of a regulated financial institution, the attorney representing the state shall notify the banking commissioner, who shall notify the appropriate state or federal financial institution regulator.
(b) A state or federal financial institution regulator shall keep confidential any information provided by the attorney representing the state under Subsection (a).
(c) A regulator described by Subsection (b) commits an offense if the regulator knowingly discloses information in violation of this article.  An offense under this subsection is punishable by confinement in jail for a period not to exceed 30 days, a fine not to exceed $500, or both such confinement and fine.
(d) The provision of notice under Subsection (a) is not considered a waiver by the state of any privilege or claim of confidentiality.
Added by Acts 2001, 77th Leg., ch. 438, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.002. Applicability of Chapter

(a)  This chapter applies only to a reportable conviction or adjudication occurring on or after September 1, 1970.
(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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.003. Determination Regarding Substantially Similar Elements of Offense

(a)  For the purposes of this chapter, the department is responsible for determining 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)  The department annually shall provide or make available to each prosecuting attorney's office in this state:
(1)  the criteria used in making a determination under Subsection (a); and
(2)  any existing record or compilation of offenses under the laws of another state, federal law, the laws of a foreign country, and the Uniform Code of Military Justice that the department has already determined to contain elements that are substantially similar to the elements of offenses under the laws of this state.
(c)  An appeal of a determination made under this article shall be brought in a district court in Travis County.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.004. Determination Regarding Primary Registration Authority

(a)  Except as provided by Subsection (a-1), 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 62.152, the municipality or county in which the person works or attends school.
(a-1)  Notwithstanding any other provision of this chapter, if a person resides or, as described by Article 62.152, works or attends school in a county with a centralized registration authority, the centralized registration authority serves as the person's primary registration authority under this chapter, regardless of whether the person resides, works, or attends school, as applicable, in any municipality located in that county.
(b)  The department shall notify each person subject to registration under this chapter of the person's primary registration authority in a timely manner.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 566 (S.B. 2048), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.0045. Centralized Registration Authority

(a)  The commissioners court of a county may designate the office of the sheriff of the county or may, through interlocal agreement, designate the office of a chief of police of a municipality in that county to serve as a mandatory countywide registration location for persons subject to this chapter.
(b)  Notwithstanding any other provision of this chapter, a person subject to this chapter is required to perform the registration and verification requirements of Articles 62.051 and 62.058 and the change of address requirements of Article 62.055 only with respect to the centralized registration authority for the county, regardless of whether the person resides in any municipality located in that county.  If the person resides in a municipality, and the local law enforcement authority in the municipality does not serve as the person's centralized registration authority, the centralized registration authority, not later than the third day after the date the person registers or verifies registration or changes address with that authority, shall provide to the local law enforcement authority in that municipality notice of the person's registration, verification of registration, or change of address, as applicable, with the centralized registration authority.
(c)  This section does not affect a person's duty to register with secondary sex offender registries under this chapter, such as those described by Articles 62.059 and 62.153.
Added by Acts 2009, 81st Leg., R.S., Ch. 566 (S.B. 2048), Sec. 3, eff. June 19, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1036 (H.B. 2825), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.006. Information Provided to Peace Officer on Request

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 number, personal identification certificate number, 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 62.005 as assigned to a vehicle owned or driven by a person required to register under this chapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.008. 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 Juvenile Justice Department, the Department of Public Safety, the Board of Pardons and Paroles, or a local law enforcement authority;
(2)  an employee or officer of a community supervision and corrections department or a juvenile probation department;
(3)  a member of the judiciary; and
(4)  a member of the risk assessment review committee established under Article 62.007.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.009. 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 under this chapter 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 under this chapter only if the information is public information under this chapter and is released to the administrator under Article 62.005, 62.053, 62.054, 62.055, or 62.153.  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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter A. General Provisions › Article 62.010. Rulemaking Authority

The Texas Department of Criminal Justice, the Texas Juvenile Justice Department, and the department may adopt any rule necessary to implement this chapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.052. Registration: Extrajurisdictional Registrants

(a)  An extrajurisdictional registrant is required to comply with the annual verification requirements of Article 62.058 in the same manner as a person who is required to verify registration on the basis of a reportable conviction or adjudication.
(b)  The duty to register for an extrajurisdictional registrant 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.
(c)  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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.054. 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 62.053(e) or 62.055(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 62.053(e) or 62.055(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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.0551. Change in Online Identifiers

(a)  If a person required to register under this chapter changes any online identifier included on the person's registration form or establishes any new online identifier not already included on the person's registration form, the person, not later than the later of the seventh day after the change or establishment or the first date the applicable authority by policy allows the person to report, shall report the change or establishment to the person's primary registration authority in the manner prescribed by the authority.
(b)  A primary registration authority that receives information under this article shall forward information in the same manner as information received by the authority under Article 62.055.
Added by Acts 2009, 81st Leg., R.S., Ch. 755 (S.B. 689), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.059. 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 62.051(c);
(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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.060. 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 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 community supervision or juvenile probation; 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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 752 (H.B. 1888), Sec. 42, eff. January 1, 2016.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.061. DNA Specimen

A person required to register under this chapter shall comply with a request for a DNA specimen made by a law enforcement agency under Section 411.1473, Government Code.
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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.062. Limitation on Newspaper Publication

(a)  Except as provided by Subsection (b), a local law enforcement authority may not publish notice in a newspaper or other periodical or circular concerning a person's registration under this chapter if the only basis on which the person is subject to registration is one or more adjudications of delinquent conduct.
(b)  This article does not apply to a publication of notice under Article 62.056.
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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.063. Prohibited Employment

(a)  In this article:
(1)  "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
(2)  "Bus" has the meaning assigned by Section 541.201, Transportation Code.
(b)  A person subject to registration under this chapter because of a reportable conviction or adjudication for which an affirmative finding is entered under Article 42.015(b) or 42A.105(a), as appropriate, may not, for compensation:
(1)  operate or offer to operate a bus;
(2)  provide or offer to provide a passenger taxicab or limousine transportation service;
(3)  provide or offer to provide any type of service in the residence of another person unless the provision of service will be supervised; or
(4)  operate or offer to operate any amusement ride.
Added by Acts 2013, 83rd Leg., R.S., Ch. 663 (H.B. 1302), Sec. 6, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.26, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.064. Prohibited Location of Residence

A person subject to registration under this chapter may not reside on the campus of a public or private institution of higher education unless:
(1)  the person is assigned a numeric risk level of one based on an assessment conducted using the sex offender screening tool developed or selected under Article 62.007; and
(2)  the institution approves the person to reside on the institution's campus.
Added by Acts 2017, 85th Leg., R.S., Ch. 329 (H.B. 355), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter B. Registration and Verification › Article 62.065. Entry Onto School Premises; Notice Required

(a)  In this article:
(1)  "Premises" means a building or portion of a building and the grounds on which the building is located, including any public or private driveway, street, sidewalk or walkway, parking lot, or parking garage on the grounds.
(2)  "School" has the meaning assigned by Section 481.134, Health and Safety Code.
(b)  A person subject to registration under this chapter who enters the premises of any school in this state during the standard operating hours of the school shall immediately notify the administrative office of the school of the person's presence on the premises of the school and the person's registration status under this chapter.  The office may provide a chaperon to accompany the person while the person is on the premises of the school.
(c)  The requirements of this article:
(1)  are in addition to any requirement associated with the imposition of a child safety zone on the person under Section 508.187, Government Code, or Article 42A.453 of this code; and
(2)  do not apply to:
(A)  a student enrolled at the school;
(B)  a student from another school participating at an event at the school; or
(C)  a person who has entered into a written agreement with the school that exempts the person from those requirements.
Added by Acts 2017, 85th Leg., R.S., Ch. 924 (S.B. 1553), Sec. 3, eff. September 1, 2017.
Redesignated by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.017, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter C. Expiration of Duty to Register; General › Article 62.102. 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 62.101(b) or (c);
(2)  a felony of the third degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each year under Article 62.058; and
(3)  a felony of the second degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each 90-day period under Article 62.058.
(c)  If it is shown at the trial of a person for an offense or an attempt to commit an offense under this article that the person has previously been convicted of an offense or an attempt to commit an offense under this article, the punishment for the offense or the attempt to commit the offense is increased to the punishment for the next highest degree of felony.
(d)  If it is shown at the trial of a person for an offense under this article or an attempt to commit an offense under this article that the person fraudulently used identifying information in violation of Section 32.51, Penal Code, during the commission or attempted commission of the offense, the punishment for the offense or the attempt to commit the offense is increased to the punishment for the next highest degree of felony.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 362 (H.B. 2637), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter D. Provisions Applicable to Certain › Article 62.151. Definitions

For purposes of this subchapter, a person:
(1)  is employed or carries on a vocation 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;
(2)  works regardless of whether the person works for compensation or for governmental or educational benefit; and
(3)  is a student if the person enrolls on a full-time or part-time basis in any educational facility, including:
(A)  a public or private primary or secondary school, including a high school or alternative learning center; or
(B)  a public or private institution of higher education.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter D. Provisions Applicable to Certain › Article 62.152. Registration of Certain Workers or Students

(a)  A person is subject to this subchapter and, except as otherwise provided by this article, to the other subchapters 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 62.051 and 62.058 and to the change of address requirements of Article 62.055, 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 62.053-62.055, 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 62.101.
(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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter D. Provisions Applicable to Certain › Article 62.153. Registration of Workers or Students at Institutions of Higher Education

(a)  Not later than the later of the seventh day after the date on which the person begins to work or attend school or the first date the applicable authority by policy allows the person to register, a person required to register under Article 62.152 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 62.051(c).
(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 62.005.
(e)  Subsection (a)(2) does not require a person to register with a local law enforcement authority if the person is otherwise required by this chapter to register with 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 62.059, the requirements of this article supersede those of Article 62.059 for a person required to register under both this article and Article 62.059.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter E. Provisions Applicable to Persons Subject to Civil Commitment › Article 62.201. 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 seventh day after the date on which the person moves, provide written notice mailed or delivered to at least each address, other than a post office box, 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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter E. Provisions Applicable to Persons Subject to Civil Commitment › Article 62.202. Verification of Individuals Subject to Commitment

(a)  Notwithstanding Article 62.058, 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 to verify the information in the registration form maintained by the authority for that person as follows:
(1)  if the person resides at a civil commitment center, not less than once each year; or
(2)  if the person does not reside at a civil commitment center, not less than once in each 30-day period following:
(A)  the date the person first registered under this chapter; or
(B)  if applicable, the date the person moved from the center.
(a-1)  For purposes of Subsection (a)(2), 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 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 62.058.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter E. Provisions Applicable to Persons Subject to Civil Commitment › Article 62.2021. Requirements Relating to Driver's License or Personal Identification Certificate: Individuals Residing at Civil Commitment Center

(a)  Notwithstanding Article 62.060(b), a person subject to registration who is civilly committed as a sexually violent predator and resides at a civil commitment center shall renew the person's department-issued driver's license or personal identification certificate as prescribed by Section 521.103, 521.272, or 522.033, Transportation Code, as applicable.
(b)  On the date that a person described by Subsection (a) no longer resides at a civil commitment center, the person is required to renew a driver's license or personal identification certificate only as provided by Article 62.060(b).
Added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter E. Provisions Applicable to Persons Subject to Civil Commitment › Article 62.203. 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 article is a felony of the second degree.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.