For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein.
Minor.
A person younger than seventeen (17) years of age.
Permanent Residence.
A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
Premises Where Minors Commonly Gather.
A school, child-care facility, playground, or public park.
School.
Any private or public school that has a curriculum for kindergarten, elementary, secondary, or high school education and that exists apart from a child’s home.
Specified Sex Offender.
Any person required to register as a sex offender on the state department of public safety’s sex offender database (the “database”) under chapter 62 of the Texas Code of Criminal Procedure for a reportable conviction or adjudication of any of the following violations:
(1) 
Indecency with a child as described in section 21.11 of the Texas Penal Code, as amended;
(2) 
Sexual assault of a child, as described in section 22.011 of the Texas Penal Code, as amended;
(3) 
Aggravated sexual assault of a child, as described in section 22.021 of the Texas Penal Code, as amended;
(4) 
Sexual performance by a child, as described in section 43.25 of the Texas Penal Code, as amended;
(5) 
Possession or promotion of child pornography, as described in section 43.26 of the Texas Penal Code, as amended.
Temporary Residence.
A place where a person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where a person routinely abides, resides, or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
(Ordinance 1322 adopted 1/6/14)
It is unlawful for that person who is a specified sex offender to establish a permanent residence or temporary residence within fifteen hundred (1,500) feet of any premises where children commonly gather.
(Ordinance 1322 adopted 1/6/14)
(a) 
It shall be prima facie evidence that this section applies to such a person if that person’s record appears on the database and the database indicates that the victim was a minor as defined herein.
(b) 
For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein above, or, in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied of the parking lot or driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein.
(c) 
A map depicting the prohibited areas shall be maintained by the city. The city shall review the map at least annually for changes. Said map will be available to the public at the city offices.
(Ordinance 1322 adopted 1/6/14)
It is a defense to prosecution that any of the following conditions apply:
(1) 
The specified sex offender established the permanent or temporary residence and has complied with all the sex offender registration laws of the state, prior to the date of the adoption of this article;
(2) 
The specified sex offender was a minor when he or she committed the offense requiring such registration and was not convicted as an adult;
(3) 
The specified sex offender is a minor;
(4) 
The premises where children commonly gather, as specified herein, within fifteen hundred (1,500) feet of the permanent or temporary residence of the specified sex offender was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state; or
(5) 
The information on the database is incorrect, and, if corrected, this article would not apply to the specified sex offender.
(Ordinance 1322 adopted 1/6/14)
(a) 
Definitions.
For the purpose of this section, the following terms, words, phrases and the derivations thereof shall have the meaning given herein.
Loiter.
(1) 
To enter and remain in the prohibited area, whether or not the person is in a vehicle, for a time period of greater then five minutes;
(2) 
To repeatedly enter the prohibited area, whether or not the person is in a vehicle, more than two (2) times in twenty-four hours; or to be in an area without a valid legal reason for entering or remaining in the prohibited area; or
(3) 
To remain in a prohibited area after being asked to leave by a person of authority.
Person in Authority.
The chief administrative officer of the school or child-care facility, the chief administrative officer’s authorized agent, or a peace officer.
Prohibited Area.
A school, child-care facility, playground, or public park.
School.
Any private or public school that has a curriculum for kindergarten, elementary, secondary, or high school education and that exists apart from a child’s home.
Specified Sex Offender.
Any person required to register as a sex offender on the state department of public safety’s sex offender database (the “database”) under chapter 62 of the Texas Code of Criminal Procedure for a reportable conviction or adjudication of any of the following violations:
(1) 
Indecency with a child, as described in section 21.11 of the Texas Penal Code, as amended;
(2) 
Sexual assault of a child, as described in section 22.011 of the Texas Penal Code, as amended;
(3) 
Aggravated sexual assault of a child, as described in section 22.021 of the Texas Penal Code, as amended;
(4) 
Sexual performance by a child, as described in section 43.25 of the Texas Penal Code, as amended;
(5) 
Possession or promotion of child pornography, as described in section 43.26 of the Texas Penal Code, as amended.
(b) 
It shall be unlawful for a person who is a specified sex offender to loiter within 500 feet of a prohibited area while children under the age of seventeen (17) are present;
(c) 
Neither allegation nor evidence of a culpable mental Texas is required for the proof of an offense defined by this section;
(d) 
It is a defense to prosecution if the person who is a specified sex offender:
(1) 
Already resides within 500 feet of the prohibited area or is incarcerated in the prohibited area;
(2) 
Is a parent or guardian of a child in the prohibited area and a court of competent jurisdiction has not issued an order restricting the specified sex offender’s access to or presence near the child;
(3) 
Is enrolled in the school;
(4) 
Had prior written permission to be in the prohibited area from the owner or from someone with apparent authority to act for the owner; or
(5) 
Is in active transit in a motor vehicle on a public street that was a direct route between two locations at which the person had legitimate business.
(Ordinance 1322 adopted 1/6/14)
A violation of any of the provisions of this article shall be deemed to be a misdemeanor and, upon conviction of such violation, shall be punished by a fine as set forth in Section 1.109 of this code for each offense.
(Ordinance 1322 adopted 1/6/14)