Return to Main Sex Offender Page
Texas Code of Criminal Procedures
CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM
(Redesignated from Art. 6252-13c.1, Revised Statutes and chgd. by
L.1997, chap. 668(1), eff. 9/1/97.)
Art. 62.01. Definitions.
Art. 62.011. Workers or students.
Art. 62.02. Registration.
Art. 62.021. Out-of-state registrants.
Art. 62.03. Prerelease notification.
Art. 62.035. Risk assessment review committee; sex offender screening tool.
Art. 62.04. Change of address.
Art. 62.045. Additional public notice for certain offenders.
Art. 62.0451. Additional public notice for individuals subject to civil commitment.
Art. 62.05. Status report by supervising officer.
Art. 62.06. Law enforcement verification of registration information.
Art. 62.061. Verification of individuals subject to commitment.
Art. 62.061. Registration of certain workers or students.
Art. 62.062. Registration of persons regularly visiting location.
Art. 62.065. Requirements relating to driver's license or personal identification
certificate.
Art. 62.07. Remedies related to public notice.
Art. 62.08. Central database; public information.
Art. 62.085. Information provided to peace officer.
Art. 62.09. Immunity for release of public information.
Art. 62.10. Failure to comply with registration requirements.
Art. 62.101. Failure to comply: individuals subject to commitment.
Art. 62.11. Applicability.
Art. 62.12. Expiration of duty to register.
CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM
(Redesignated from Art. 6252-13c.1, Revised Statutes and chgd. by L.1997, chap. 668(1), eff. 9/1/97.)
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).
(Redesignated from Art. 6252-13c.1, Sec. 1, Revised Statutes, and chgd. by L.1997,
chap. 668(1); chgd. by L.1999, chaps. 1193(4), 1415(7), (8), eff. 9/1/99.)
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 L.1999, chaps. 1193(8), 1415(9), eff. 9/1/99.)
Top of Page
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 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 photograph 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; and
(5) 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.
(Redesignated from Art. 6252-13c.1, Sec. 2, Revised Statutes, and chgd. by L.1997,
chap. 668(1); chgd. by L.1999, chaps. 444(1), 1193(5), 1415(10), eff. 9/1/99.)
Top of Page
Art. 62.021. Out-of-state registrants.
(a) This article applies to a person who is required to register as a sex
offender under the laws of another state with which the department has entered into a
reciprocal registration agreement and who is not otherwise required to register under this
chapter because:
(1) the person does not have a reportable conviction for an offense under the laws
of the other state containing elements that are substantially similar to an offense
requiring registration under this chapter; or
(2) 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 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 expiration of the duty to register for a person described by Subsection
(a) expires on the date the person's duty to register would expire in the other state had
the person remained in that state.
(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 L.1999, chaps. 444(2), 1415(11), eff. 9/1/99.)
Top of Page
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 risk assessment review committee established
under Article 62.035 shall determine the person's level of risk to the community using the
sex offender screening tool developed or selected under that article, assign to the person
a numeric risk level to the penal institution from which the person is due to be released.
On receiving notice under this subsection, 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; [and]
(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 or two, 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;
and
(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. (Added by L.1999, chap.
1415(12), eff. 9/1/99. See other paragraph (4) below.)
(4) the person's numeric risk level assigned under this chapter and the guidelines
used to determine a person's risk level generally. (Added by L.1999, chap. 1557(1),
eff. 6/19/99. See other paragraph (4) above.)
(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.
(Redesignated from Art. 6252-13c.1, Sec. 3, Revised Statutes, and chgd. by L.1997,
chaps. 667(5), 668(1), 1430(8); chgd. by L.1999, chaps. 444(3), 1193(6), (7), 1401(2),
1415(12), 1557(1), eff. 9/1/99, 9/1/99, 9/1/99, 9/1/2000, 9/1/99, 6/19/99, respectively.
Matter in brackets eff. only until 9/1/2000. Matter in italics eff. 9/1/2000.)
Top of Page
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 shall 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. 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, such as the nature of the offense for which the person
is subject to registration, the age of the victim, and the number of occasions on which the
person has been convicted of or adjudicated for an offense for which a person is subject to
registration under this chapter. 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:
(A) a designated number of points or higher on the sex offender screening tool;
and
(B) a basis for concern that the person poses a serious danger to the community
or will continue to engage in criminal sexual conduct;
(2) level two, either, but not both, of the following:
(A) a designated number of points or higher on the sex offender screening tool;
or
(B) a basis for concern that the person poses a serious danger to the community
or will continue to engage in criminal sexual conduct; and
(3) level three: no basis for concern that the person poses a serious danger to
the community or will continue to engage in criminal sexual conduct.
(c) The risk assessment review committee may assign to a person a numeric risk
level of three only on receipt of notice under Article 62.04 that the person intends to
move to a new residence in this state and only if:
(1) the person was originally assigned a numeric risk level of two under Article
62.03;
(2) the committee considers any information available to the committee that was
used by the committee or by the court at the time of assigning to the person a numeric risk
level of two; and
(3) the basis on which the person is subject to registration is a conviction of or
a grant of deferred adjudication for an offense under Section 21.11 or Section 22.011(a)(2), Penal Code, or an adjudication of delinquent conduct based on a violation of
one of those offenses, committed against a victim who is of the opposite sex of the person
and is not more than five years younger than the person.
(Added by L.1999, chap. 1557(2), eff. 6/19/99.)
Top of Page
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 and, if the person meets the criteria described by Article
62.035(c)(3) to be reassigned a numeric risk level of three, to the risk assessment review
committee established under that article. On receipt of information under this subsection,
the risk assessment review committee shall determine whether the person meets the criteria
to be reassigned a numeric risk level of three, assign to the person a numeric risk level
of three, if the person meets that criteria, and immediately send a written notice of the
person's risk level to the department and to the local law enforcement authority in the
municipality or county where the person intends to reside.
(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 three, 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;
and
(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. (Added by L.1999, chap.
1415(13), eff. 9/1/99. See other paragraph (4) below.)
(4) the person's numeric risk level assigned under this chapter and the guidelines
used to determine a person's risk level generally. (Added by L.1999, chap. 1557(1),
eff. 6/19/99. See other paragraph (4) above.)
(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.
(Redesignated from Art. 6252-13c.1, Sec. 4, Revised Statutes, and chgd. by L.1997,
chap. 667(6), 668(1), 1430(9); chgd. by L.1999, chaps. 444(4), 1415(13), 1557(3),
eff. 9/1/99, 9/1/99. 6/19/99, respectively.)
Top of Page
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 one, 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 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 one, 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 of a single-family residential property or the owner's agent has no
duty to make a disclosure to a prospective buyer or tenant about registrants under this
chapter.
(Added by L.1999, chap. 1557(4), eff. 6/19/99.)
Top of Page
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 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 L.1999, chap. 444(5(a)), eff. 1/1/2000.)
Top of Page
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) If a person required to register is not supervised by an officer listed in
Subsection (a), the person 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 L.1997, chap. 668(1); chgd. by L.1999, chaps. 444(6), 1415(14),
eff. 9/1/99.)
Top of Page
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.
(Added by L.1997, chap. 668(1); chgd. by L.1999, chaps. 444(7), 1415(15),
eff. 9/1/99.)
Top of Page
Art. 62.061. Verification of individuals subject to commitment.
(a) Notwithstanding Article 62.06, if an individual subject to registration under
this chapter is civilly committed as a sexually violent predator, the person shall report
to the local law enforcement authority 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 L.1999, chap. 445(5(b)), eff. 1/1/2000. See other Art. 62.061 below.)
Top of Page
Art. 62.061. Registration of certain workers or students.
(a) A person is subject to this article and, except as otherwise provided by this
article, to the other articles of this chapter if the person:
(1) has a reportable conviction or adjudication;
(2) resides in another state; and
(3) is employed, carries on a vocation, or is a student in this state.
(b) A person described by Subsection (a) is subject to the registration and
verification requirements of Articles 62.02 and 62.06 and to the change of address
requirements of Article 62.04, except that the registration and verification and the
reporting of a change of address are based on the municipality or county in which the
person works or attends school. The person is subject to the school notification
requirements of Articles 62.03 and 62.04, except that notice provided to the superintendent and any administrator is based on the public school district in which the
person works or attends school.
(c) A person described by Subsection (a) is not subject to Article 62.12 and the
newspaper publication requirements of Articles 62.03 and 62.04.
(d) The duty to register for a person described by Subsection (a) ends when the
person no longer works or studies in this state, provides notice of that fact to the local
law enforcement authority in the municipality or county in which the person works or
attends school, and receives notice of verification of that fact from the authority. The
authority must verify that the person no longer works or studies in this state and must
provide to the person notice of that verification within a reasonable time.
(e) Notwithstanding Subsection (a), this article does not apply to a person who
has a reportable conviction or adjudication, who resides in another state, and who is
employed, carries on a vocation, or is a student in this state if the person establishes
another residence in this state to work or attend school in this state. However, that
person remains subject to the other articles of this chapter based on that person's
residence in this state.
(Added by L.1999, chaps. 1193(8), 1415(16), eff. 9/1/99. See other Art. 62.061 above.)
Top of Page
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 L.1999, chaps. 444(8), 1415(16), eff. 9/1/99.)
Top of Page
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 an original or renewal driver's license under
Section 521.272, Transportation Code, or for a personal identification certificate under
Section 521.103, 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) The department shall determine from its records which persons required to
register under this chapter are under the supervision and control of a juvenile probation
office or an agency or entity operating under contract with a juvenile probation office, a
community supervision and corrections department, or the pardons and paroles division of
the Texas Department of Criminal Justice and shall provide written notice of the
requirements of this article to each of those persons by not later than October 30, 2000.
This subsection expires January 1, 2001. (Subsection (c) expires 1/1/2001.)
(Added by L.1999, chap. 1401(3), eff. 9/1/2000.)
Top of Page
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.
(Redesignated from Art. 6252-13c.1, Sec. 4A, Revised Statutes, and chgd. by L.1997,
chap. 668(1), eff. 9/1/97.)
Top of Page
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)(5); or
(3) that would identify the victim of the offense for which the person is subject
to registration.
(c) 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.
(d) 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.
(e) For the purposes of Subsection (d):
(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.
(Redesignated from Art. 6252-13c.1, Sec. 5, Revised Statutes, and chgd. by L.1997,
chap. 668(1); chgd. by L.1999, chap. 1415(17), eff. 9/1/99.)
Top of Page
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 L.1999, chap. 1401(3), eff. 9/1/2000.)
Top of Page
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.
(Redesignated from Art. 6252-13c.1, Sec. 5A, Revised Statutes, and chgd. by L.1997,
chap. 668(1), eff. 9/1/97.)
Top of Page
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.
(Redesignated from Art. 6252-13c.1, Sec. 7, Revised Statutes, and chgd. by L.1997,
chap. 668(1); chgd. by L.1999, chaps. 444(9), 1415(18), eff. 9/1/99.)
Top of Page
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 L.1999, chap. 444(5(c)), eff. 1/1/2000.)
Top of Page
Art. 62.11. Applicability.
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).
(Redesignated from Art. 6252-13c.1, Sec. 8, Revised Statutes, and chgd. by L.1997,
chap. 668(1), eff. 9/1/97.)
Top of Page
Art. 62.12. Expiration of duty to register.
(a) The duty to register for a person with a reportable conviction or
adjudication 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.
(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.)
(Redesignated from Art. 6252-13c.1, Sec. 9, Revised Statutes, and chgd. by L.1997,
chap. 668(1); chgd. by L.1999, chap. 1415(25), eff. 9/1/99.)
Top of Page
