HBA-NIK H.B. 3115 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3115
By: Uresti
Public Safety
4/20/1999
Introduced




BACKGROUND AND PURPOSE 

Currently, Texas law does not provide for the registration of convicted
drug dealers. Persons convicted of first degree felony offenses can move
freely into neighborhoods frequented by schoolage children. Parents and
teachers may be unaware that a convicted drug dealer resides in the area.
H.B. 3115 requires persons convicted of first-degree felony drug offenses
to register with local law enforcement.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 481, Health and Safety Code, by adding Subchapter
H, as follows: 

SUBCHAPTER H. REGISTRATION REQUIREMENTS

Sec. 481.251. DEFINITIONS. Defines "local law enforcement authority,"
"penal institution," "released," and "reportable conviction." 

Sec. 481.252. REGISTRATION.  (a)  Requires a person who has a reportable
conviction to register, or verify registration as provided by Subsection
(c), with the local law enforcement authority in any municipality where the
person resides or intends to reside for more than seven days.  Requires the
person to register or verify registration in any county 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.  Requires the person to
satisfy the requirements of this subsection not later than the seventh day
after the person's arrival in the municipality or county.  

(b)  Requires the Department of Public Safety (department) to provide the
Texas Department of Criminal Justice and each local law enforcement
authority with a form for registering persons required by this subchapter
to register.  Requires the registration form to require 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, and home address,
and the offense the person was convicted of, the date of conviction, and
the punishment received. 
 
(c)  Requires a person for whom registration is completed under this
subchapter to report to the applicable local law enforcement authority to
verify the information in the registration form received by the authority
under this subchapter. Requires the authority to 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.  Requires the
person to verify registration by signing the form if the information in the
registration form is complete and accurate. Requires the person to make any
necessary additions or corrections before signing the form if the
information is incomplete or inaccurate.  
 
Sec. 481.253.  PRERELEASE NOTIFICATION.  (a)  Requires an official of a
penal institution, before the person who will be subject to registration
under this subchapter is due to be released from the penal institution, to
inform the person of the person's duties under this subchapter, to obtain
the address where the person expects to reside on the person's release and
other registration information, and, to complete the registration form for
the person.  
 
(b) Requires an official of a penal institution to send the person's
completed registration form to the department and to the applicable local
law enforcement authority in the municipality or county in which the person
intends to reside on the seventh day before the date on which a person who
will be subject to registration under this subchapter is due to be released
from the penal institution, or on receipt of notice by the penal
institution that a person who will be subject to registration under this
subchapter is due to be released in less than seven days.  

(c)  Requires the local law enforcement authority, on receiving a
registration form under this section, to 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.
Requires the local law enforcement authority to include in the notice any
information the authority determines is necessary to protect the public,
except the person's social security number, driver's license number, or
telephone number. 
 
Sec. 481.254.  CHANGE OF ADDRESS.  (a)  Requires a person required to
register, if the person intends to change address, to report in person to
the local law enforcement authority with whom the person last registered
and to the parole officer supervising the person and provide the authority
and the officer with the person's anticipated move date and new address not
later than the seventh day before the intended change.  
 
(b) Requires the person's parole officer to forward the information
provided under Subsection (a) to the department, to the local law
enforcement authority with whom the person last registered, and to the
applicable local law enforcement authority in the municipality or county in
which the person intends to reside not later than the third day after
receipt of notice under Subsection (a).  
 
(c)  Requires the local law enforcement authority in the municipality or
county in which the person intends to reside to provide notice by mail to
the office of the superintendent of the public school district or
administrator of any private primary or secondary school, as appropriate,
located in the public school district in which the person subject to
registration intends to reside, upon receipt of this information.  Requires
the local law enforcement authority to include in the notice any
information the authority determines is necessary to protect the public,
except the person's social security number, driver's license number, or
telephone number. 
 
Sec. 481.255.  FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS. Provides
that a person commits an offense if the person is required to register and
fails to register under this subchapter. Provides that an offense under
this article is a state jail felony.  
 
Sec. 481.256.  EXPIRATION OF DUTY TO REGISTER.  Provides that the duty to
register for a person with a reportable conviction under this subchapter
expires on the 10th anniversary of the date on which the person is released
from a penal institution having discharged the person's sentence or
completes the person's period of parole or release on mandatory
supervision.  

SECTION 2.  Effective date: September 1, 1999.
 Makes application of this Act prospective.

SECTION 3.  Emergency clause.