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.