Sec. 341.906. LIMITATIONS ON REGISTERED SEX OFFENDERS IN GENERAL-LAW MUNICIPALITIES. (a) In this section: (1) "Child safety zone" means premises where children commonly gather. The term includes a school, day-care facility, playground, public or private youth center, public swimming pool, video arcade facility, or other facility that regularly holds events primarily for children. The term does not include a church, as defined by Section 544.251 , Insurance Code. (2) "Playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134 , Health and Safety Code. (3) "Registered sex offender" means an individual who is required to register as a sex offender under Chapter 62 , Code of Criminal Procedure. (b) To provide for the public safety, the governing body of a general-law municipality by ordinance may restrict a registered sex offender from going in, on, or within a specified distance of a child safety zone in the municipality. (c) It is an affirmative defense to prosecution of an offense under the ordinance that the registered sex offender was in, on, or within a specified distance of a child safety zone for a legitimate purpose, including transportation of a child that the registered sex offender is legally permitted to be with, transportation to and from work, and other work-related purposes. (d) The ordinance may establish a distance requirement described by Subsection (b) at any distance of not more than 1,000 feet. (e) The ordinance shall establish procedures for a registered sex offender to apply for an exemption from the ordinance. (f) The ordinance must exempt a registered sex offender who established residency in a residence located within the specified distance of a child safety zone before the date the ordinance is adopted. The exemption must apply only to: (1) areas necessary for the registered sex offender to have access to and to live in the residence; and (2) the period the registered sex offender maintains residency in the residence.
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