HBA-MPM S.B. 1380 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1380 By: Armbrister Public Safety 4/18/2001 Engrossed BACKGROUND AND PURPOSE Currently, only an owner of a single-family residential property or the owner's agent does not have a duty to disclose to a prospective buyer or tenant that registered sex offenders reside nearby. This provision is not currently extended to a builder, seller, or lessor of a single-family residential property. In addition, Texas statutes do not completely conform to the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act pertaining to the lifelong registration of certain sexual offenders. Senate Bill 1380 extends the nondisclosure provision to builders, sellers, and lessors, and conforms lifelong registration provisions to federal law. 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. ANALYSIS Senate Bill 1380 amends the Code of Criminal Procedure to provide that an owner, builder, seller, or lessor of a single-family residential real property or any improvement to residential real property or that person's broker, salesperson, or other agent or representative in a residential real estate transaction does not have a duty to make a disclosure to a prospective buyer or lessee about a person subject to sex offender registration because the person has been 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 bill provides that this provision is the controlling statute to the extent there is any conflict between these provisions and other law imposing a duty to disclose information about registered sex offenders. The bill provides that a person's duty to register as a sex offender ends when the person dies. EFFECTIVE DATE September 1, 2001.