88R13046 MCF-D
	By: Lalani	H.B. No. 3086

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting sex offenders from purchasing firearms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 62, Code of Criminal
	Procedure, is amended by adding Article 62.066 to read as follows:
	Art. 62.066.  PROHIBITED FIREARM PURCHASE. A person subject
	to registration under this chapter may not purchase a firearm as
	defined by Section 46.01, Penal Code.
	SECTION 2.  Article 62.053(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  Before a person who will be subject to registration
	under this chapter is due to be released from a penal institution,
	the Texas Department of Criminal Justice or the Texas Juvenile
	Justice Department shall determine the person's level of risk to
	the community using the sex offender screening tool developed or
	selected under Article 62.007 and assign to the person a numeric
	risk level of one, two, or three. Before releasing the person, an
	official of the penal institution shall:
	(1)  inform the person that:
	(A)  not later than the later of the seventh day
	after the date on which the person is released or after the date on
	which the person moves from a previous residence to a new residence
	in this state or not later than the first date the applicable local
	law enforcement authority by policy allows the person to register
	or verify registration, the person must register or verify
	registration with the local law enforcement authority in the
	municipality or county in which the person intends to reside;
	(B)  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, if the person has not moved to an intended
	residence, report to the applicable entity or entities as required
	by Article 62.051(h) or (j) or 62.055(e);
	(C)  not later than the seventh day before the
	date on which the person moves to a new residence in this state or
	another state, the person must report in person to the local law
	enforcement authority designated as the person's primary
	registration authority by the department and to the juvenile
	probation officer, community supervision and corrections
	department officer, or parole officer supervising the person;
	(D)  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;
	(E)  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;
	(F)  the person must notify appropriate entities
	of any change in status as described by Article 62.057;
	(G)  certain types of employment are prohibited
	under Article 62.063 for a person with a reportable conviction or
	adjudication for a sexually violent offense involving a victim
	younger than 14 years of age and occurring on or after September 1,
	2013;
	(H)  certain locations of residence are
	prohibited under Article 62.064 for a person with a reportable
	conviction or adjudication for an offense occurring on or after
	September 1, 2017, except as otherwise provided by that article;
	[and]
	(I)  if the person enters the premises of a school
	as described by Article 62.065 and is subject to the requirements of
	that article, the person must immediately notify the administrative
	office of the school of the person's presence and the person's
	registration status under this chapter; and
	(J)  a person with a reportable conviction or
	adjudication for an offense occurring on or after September 1,
	2023, may not purchase a firearm, as provided by Article 62.066;
	(2)  require the person to sign a written statement
	that the person was informed of the person's duties as described by
	Subdivision (1) or Subsection (g) or, if the person refuses to sign
	the statement, certify that the person was so informed;
	(3)  obtain the address or, if applicable, a detailed
	description of each geographical location 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.
	SECTION 3.  Article 62.058(g), Code of Criminal Procedure,
	is amended to read as follows:
	(g)  A local law enforcement authority that provides to a
	person a registration form for verification as required by this
	chapter shall include with the form a statement describing the
	prohibitions [prohibition] under Articles [Article] 62.064 and
	62.066.
	SECTION 4.  (a) The change in law made by this Act in adding
	Article 62.066, Code of Criminal Procedure, applies only to a
	person who is required to register under Chapter 62, Code of
	Criminal Procedure, on the basis of a conviction or adjudication
	for an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose.
	(b)  A person who is required to register under Chapter 62,
	Code of Criminal Procedure, solely on the basis of a conviction or
	adjudication that occurs before the effective date of this Act is
	governed by the law in effect on the date the conviction or
	adjudication occurred, and the former law is continued in effect
	for that purpose.
	SECTION 5.  This Act takes effect September 1, 2023.