Answer: The first sex offender registration laws in Texas went into effect on September 1, 1991. These laws have been amended every legislative session since.

Answer: Any person (1) with a "reportable conviction or adjudication," (2) required to register as a condition of parole or release to mandatory supervision, (3) required to register as a condition of community supervision, or (4) is an “extrajurisdictional registrant” must register as a sex offender. Prior to September 1, 1997, the sex offender registration laws were prospective in application; therefore, a person convicted of or adjudicated for a sex offense before the law required registration for the offense did not have to register. On September 1, 1997, the registration requirement was made retroactively applicable to any person whose "reportable conviction or adjudication" occurred on or after September 1, 1970, but only if the person was in the Texas criminal justice system on or after September 1, 1997 for that offense.  Finally, on September 1, 2005, the registration requirement was made retroactively applicable to every person whose “reportable conviction or adjudication” occurred on or after September 1, 1970, regardless of whether the person was in the Texas criminal justice system on or after September 1, 1997 for that offense.

Answer: As defined by Article 62.001(5) of the Code of Criminal Procedure, "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) A violation of Section 21.02 (Continuous sexual abuse of young child or children), 21.09 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) A violation of Section 43.04 (Aggravated promotion of prostitution), 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(B-1) A violation of Section 43.02 (Prostitution), Penal Code, if the offense is punishable under Subsection (c-1)(2) of that section;

(C) A violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;

(D) A violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in paragraph(A) or (C);

(E) A violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) The judgment in the case contains an affirmative finding under Article 42.015; or

(ii) The order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age.

(F) The second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) An attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in paragraph(A), (B), (C), (D), (E), (K), or (L);

(H) A violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under paragraph(A), (B), (C), (D), (E), (G), (J), (K), or (L), but not if the violation results in a deferred adjudication;

(I) The second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication;

(J) A violation of Section 33.021 (Online solicitation of a minor), Penal Code;

(K) A violation of Section 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons), Penal Code; or

(L) A violation of Section 20A.03 (Continuous trafficking of persons), Penal Code, if the offense is based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code.

Answer: Yes, if the sex offender’s conviction is a "reportable conviction or adjudication" and the offender resides, works or attends school in Texas. As stated above, "reportable conviction or adjudication" includes a conviction or adjudication of delinquent conduct (juveniles) under the laws of another state for an offense containing elements that are substantially similar to the elements of a Texas offense that requires registration.

The Texas Department of Public Safety determines whether an offense under the laws of another state contains elements that are substantially similar to the elements of a Texas offense that requires registration.

Answer: Yes, if the sex offender’s conviction is a “reportable conviction or adjudication” and the offender resides, works or attends school in Texas. As stated above, “reportable conviction or adjudication” includes a conviction or adjudication of delinquent conduct (juveniles) under federal law, the Uniform Code of Military Justice or the laws of another country for an offense containing elements that are substantially similar to the elements of a Texas offense that requires registration.

The Texas Department of Public Safety determines whether an offense under federal law, the laws of a foreign country, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of a Texas offense that requires registration.

If the Department determines an offense under federal law, the laws of a foreign county, or the Uniform Code of Military justice does not contain elements that are substantially similar to the elements of a Texas offense that requires registration, then this sex offender will have to register if the convicting body of law requires the person to register.

Answer: A sex offender who resides outside of Texas must register as a sex offender in Texas if the offender has a “reportable conviction or adjudication” and works or attends school in Texas. The duty to register for this type of sex offender expires when the offender stops working or attending school in Texas.

Answer: A sex offender registers with the local law enforcement authority of the municipality (the office of the chief of police) where the offender resides. If the offender does not reside in a municipality, the offender registers with the local law enforcement authority of the county (the office of the sheriff) where the offender resides. Registration must be completed not later than the later of (1) the seventh day after the date the offender arrives in the municipality or county; or (2) the first date the local law enforcement authority of the municipality or county by policy allows the person to register.

If a sex offender resides outside of Texas but works or attends school in Texas, the offender registers with the local law enforcement authority of the municipality or county where the offender works or attends school.

When the offender registers with the local law enforcement authority of the municipality or county where the offender resides, works or attends school, that local law enforcement authority then becomes the offender’s primary registration authority.

Answer: The Texas Sex Offender Registration Program requires a local law enforcement authority to obtain the following information from the sex offender:

1. The person's full name, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, shoe size, home address or a detailed description of each geographical location at which the person resides or intends to reside, each alias, and any home, work or cellular phone number of the person;
2. A recent color photograph or, if possible, an electronic digital image of the person and a complete set of the person's fingerprints;
3. The type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received;
4. An indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision;
5. An indication of each business, occupational, or professional license, certificate, permit, or other authorization issued by a licensing authority that is held or sought by the person;
6. An indication as to whether the person is or will be employed, carrying on a vocation, or a student at a particular public or private institution of higher education in this state or another state, and the name and address of that institution;
7. The identification of any "online identifier" established or used by the person;
8. The vehicle registration information, including the make, model, vehicle identification number, color, and license plate number, of any vehicle owned by the person, if the person has a reportable conviction or adjudication for an offense under:
   1. Section 20A.02(a)(3), (4), (7), or (8), Penal Code; or
   2. Section 20A.03, Penal Code, if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code; and
9. Any other information required by the department (DPS).

Answer: The local law enforcement authority will maintain the registration locally, provide notification to schools, if required, and submit all sex offender registration information to the Texas Department of Public Safety for inclusion on the DPS Sex Offender Database.

Answer: The Texas Sex Offender Registration Program specifically classifies sex offender registration information as public information with a few exceptions. The only information not available to the public is a sex offender’s social security number, driver’s license number, any home, work or cellular telephone number, “online identifier,” an employer’s name, address, or telephone number, any additional information required by the Texas Department of Public Safety, or information that would identify the victim of the offense.

Non-public information also includes a juvenile sex offender’s registration information ordered nonpublic by a juvenile court.

Public sex offender registration information may be obtained from the Texas Department of Public Safety at any time via the Department’s website

Answer: The numeric risk level indicates the level of risk a sex offender poses to the community. A numeric risk level is assigned to each sex offender when the offender is released from a penal institution or placed on community supervision or juvenile probation. A representative of the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, a court or its designee will conduct a risk level assessment and report the offender’s level of risk at the time of registration. A numeric risk level is determined by using the sex offender screening tool adopted by the Risk Assessment Review Committee established under the Texas Department of Criminal Justice.

There are three different risk levels:

• Level one (low): indicates that the person poses a low danger to the community and will not likely engage in criminal sexual conduct.
• Level two (moderate): indicates that the person poses a moderate danger to the community and may continue to engage in criminal sexual conduct.
• Level three (high): indicates that the person poses a serious danger to the community and will continue to engage in criminal sexual conduct.

An additional level of risk is the “civil commitment” population. The designation of this risk level is by a court that identifies a person as a “sexually violent predator”. The court has determined that these individuals are repeat sexually violent offenders who suffer from a mental abnormality that makes them likely to engage in a predatory act of sexual violence. These registrant’s require intensive supervision and treatment and are managed by the Texas Civil Commitment Office. Their level of risk is identified as “Civil Commitment” in the registry.

The numeric risk level is separate and distinct from an Individual Risk Assessment. An Individual Risk Assessment is a series of evaluations performed by a Deregistration Specialist licensed by the Council on Sex Offender Treatment which is an agency of the Health and Human Services Commission. Once the specialist completes the evaluation, it is submitted to and certified by the Council on Sex Offender Treatment before a person can file a Motion for Early Termination with the Court that convicted them or placed them on deferred adjudication.

Answer: Adult sex offenders register either for life or ten years following discharge from state supervision (i.e. incarceration, parole, or community supervision).

Lifetime registration is required for the following offenses:

1. A "sexually violent offense" – the following offenses committed by a person 17 years of age or older:
   • Continuous sexual abuse of young child or children (Section 21.02, Penal Code);
   • Indecency with a child by contact (Section 21.11(a)(1), Penal Code);
   • Sexual assault (Section 22.011, Penal Code);
   • Aggravated sexual assault (Section 22.021, Penal Code);
   • Sexual performance by a child (Section 43.25, Penal Code);
   • Aggravated kidnapping, if committed with the intent to violate or abuse the victim sexually (Section 20.04(a)(4), Penal Code);
   • Burglary (Section 30.02, Penal Code), if the premises burglarized was a habitation and the offense was committed with the intent to commit continuous sexual abuse of young child or children, bestiality, indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, or aggravated kidnapping committed with the intent to violate or abuse the victim sexually; and
   • An offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of one of the above Texas offenses.
2. Trafficking of persons (Section 20A.02(a)(3, (4), (7), or (8));
3. Prohibited sexual conduct (Section 25.02, Penal Code);
4. Compelling prostitution of a minor (Section 43.05(a)(2), Penal Code);
5. Possession or promotion of child pornography (Section 43.26, Penal Code);
6. Continuous trafficking of persons (Section 20A.03, Penal Code, if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code);
7. Indecency with a child by exposure (Section 21.11(a)(2), Penal Code), if before or after being convicted or adjudicated for this offense, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration; and
8. Unlawful restraint (Section 20.02, Penal Code), Kidnapping (Section 20.03, Penal Code), or Aggravated kidnapping (Section 20.04, Penal Code) if the judgment of the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age and, if before or after the person is convicted or adjudicated for one of these offenses, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration.
9. Obscenity (Section 43.23, Penal Code), if the punishment is increased due to the obscene material visually depicts a "child" engaging in sexually explicit activities.

Adult sex offenders that are not required to register for life must register until the 10th anniversary of the date on which the court dismisses the criminal proceedings and discharges the person, or the person is released from a penal institution, or the person discharges community supervision, whichever date is later.

Juvenile sex offenders, those who register on the basis of an adjudication of delinquent conduct, register until the 10th anniversary of the date on which the disposition of their case was made or the juvenile completes the terms of the disposition, whichever date is later.

Juvenile sex offenders, those who register on the basis of a conviction or an order of deferred adjudication in a juvenile case that was transferred to a district or a criminal district court, register until the 10th anniversary of the date on which the offender was released from a penal institution or discharges community supervision or the court dismissed the criminal proceedings and discharges the person, whichever date is later.

Extra jurisdictional registrants will register until the date the person's duty to register would expired under the laws of the foreign county had the offender remained in that foreign county, under federal law, or under the Uniform Code of Military Justice, as applicable.

Answer: Registered sex offenders are required to provide accurate registration and verification information to the offender’s local law enforcement authority and primary registration authority, respectively.   Sex offenders accomplish this by periodically verifying their registration information as well as by notifying the primary registration authority of any change in address, “online identifiers,” the offender’s name, physical health, job status, or educational status.

Verification of Registration Information

All registered sex offenders must periodically report to the offender’s primary registration authority to verify the offender’s registration information. Offenders civilly committed as a sexually violent predator must verify their registration information once in each thirty-day period. Sex offenders with two or more “sexually violent offense” must verify their registration information once in each ninety-day period. All other sex offenders must verify their registration information once each year.

Changes of Address

Registered offenders must report all changes in address to the proper primary registration authority.

If the offender moves within Texas, this is accomplished by:  (1) not later than the seventh day before an intended change in address, the offender shall report in person to the offender’s primary registration authority and report the intended change in address and (2) not later than the seventh day after the offender arrives at the new address in Texas, the offender shall report in person to the local law enforcement authority of the municipality or county in which the offender’s new residence is located and provide that authority with proof of identity and proof of residence. This local law enforcement authority will then become the offender’s new primary registration authority.

If the offender moves outside of Texas, this is accomplished by:  (1) not later than the seventh day before an intended change in address, the offender shall report in person to the offender’s primary registration authority and report the intended change in address and (2) not later than the 10th day after arrival in the other state, the offender shall register with the law enforcement agency that is identified by the Texas Department of Public Safety as the agency designated by that state to receive registration information.

Changes in “Online Identifiers,” the Offender’s Name, Physical Health, Job Status, or Educational Status

In addition to providing notification of all address changes, not later than the seventh day after a change in an “online identifier,” the offender’s name, physical health, job status, or education status, the offender shall report this change to the offender’s primary registration authority.

Employment or Enrollment at Institutions of Higher Education

Not later than the seventh day after the offender begins to work at or enrolls in a public or private institution of higher education (university, college, community college, or technical or trade institution), the offender shall notify the following entities of this fact:  (1) the authority for campus security (i.e. campus police department) and (2) the offender’s primary registration authority.

Not later than the seventh day after the offender terminates work at or enrollment in a public or private institution of higher education, the offender shall notify the following entities of this fact:  (1) the authority for campus security (i.e. campus police department) and (2) the offender’s primary registration authority. 

Answer: A registered sex offender who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county, other than the municipality or county in which the offender is registered, must report that fact to the local law enforcement authority of the municipality or county in which the offender is visiting. In reporting this fact to the proper local law enforcement authority, the sex offender must provide all the information that is required for sex offender registration, the address of any location in the municipality or county at which the offender was lodged during the month, and a statement as to whether the offender intends to return to the municipality or county during the succeeding month.

Answer: :   Any juvenile sex offender may seek either a court order exempting the juvenile from registration or, alternatively, a court order classifying registration information as nonpublic. The exemption of adult offenders is very limited. Generally, an adult offender may ask a court for an exemption only if (1) the offenses resulted in a conviction or deferred adjudication community supervision for indecency with a child (Section 21.11, Penal Code) or sexual assault (Section 22.011, Penal Code); (2) the victim was at least 15 years of age and the offender was not more than four years older than the victim, at the time of the offense, and (3) the offense involved consensual conduct. Additionally, adult sex offenders may ask a court for an early termination of registration after the offender has received an individual risk assessment and by explaining how the reportable conviction or adjudication’s registration period exceeds the minimum required registration period under the federal law. 

Answer: It is a felony offense if a person required to register fails to comply with any requirement under the Texas Sex Offender Registration Program.

Answer: Community notification of sex offenders is provided in several different ways.

Governmental Immunity

Certain governmental bodies are given immunity for releasing public information. The Texas Department of Public Safety, a penal institution, a local law enforcement authority, or an authority for campus security may release to the public information regarding a person required to register only if the information is public information.

The DPS Sex Offender Database

Local law enforcement authorities submit all sex offender registration information to the Texas Department of Public Safety. The Texas Department of Public Safety puts this information in the DPS Sex Offender Database. The public may obtain information contained in this database at any time via the Texas Department of Public Safety website.

Postcard Notification of Civilly Committed and High-Risk Offenders

When the Texas Department of Public Safety receives notice that a sex offender either civilly committed as a sexually violent predator or assigned a high-risk level is due to be released into a community or intends to move to a new address, the Texas Department of Public Safety will provide written notice in English and Spanish to the immediate community where the sex offender intends to reside. This written notice will be in the form of a postcard mailed or delivered to at least each address (excluding post office boxes) within a one-mile radius, in an area that has not been subdivided, or a three-block area, in an area that has been subdivided, of the place where the civilly committed or high-risk sex offender intends to reside.

Newspaper Publication

Local law enforcement authorities are permitted to publish all high-risk sex offenders in any newspaper, periodical or circular in the area where the offender intends to reside.

School Notification

In some cases, a local law enforcement authority must notify the superintendent of a public school district and administrator of a private primary or secondary school located in the school district that a registered sex offender is residing within the school district. Sex offenders subject to school notification are offenders (1) whose victim was either younger than 17 years of age or a student enrolled in a public or private secondary school, (2) enrolled in a public or private secondary school, or (3) registering for the offense of sexual performance by a child (Section 43.25, Penal Code) or possession or promotion of child pornography (Section 43.26, Penal Code). Prohibited sexual conduct (Section 25.02, Penal Code) offenders are specifically excluded from this school notification requirement.

Answer: The Texas Sex Offender Registration Program itself does not prohibit registered sex offenders from living or going near places frequented by children. However, Texas community supervision and parole laws, as well as city ordinances, may require the imposition of a "child safety zone.”  A "child safety zone" prohibits certain individuals from going in, on, or within a specified distance of a premise where children commonly gather (i.e. schools, day care facilities, or playgrounds). A violation of the "child safety zone" can result in the revocation of the offender’s probation or parole, or a citation.

Answer: TheThe Texas Sex Offender Registration Program itself does not prohibit registered sex offenders from working in certain trades, occupations or professions. However, state law regulating a particular trade, occupation or profession may bar sex offenders from working in the trade, profession or occupation. To determine if a registered sex offender is prohibited from working in a particular trade, occupation or profession, the law regulating the trade, occupation or profession must be reviewed. Furthermore, the following prohibition exists for certain sexually violent offenses pursuant to Texas Code of Criminal Procedure Ch. 62.063 where on or after September 1, 2013 an affirmative finding is made that a sexually violent offense had been committed on a victim younger than 14. This law states that a person who has a reportable conviction for a sexually violent offense that also contains an affirmative finding that the victim is under the age of 14, may not:

1. Operate or offer to operate a bus
2. Provide or offer to provide a taxicab or limousine transportation service
3. Provide or offer to provide any type of service in the residence unless the provision of service will be supervised
4. Operate or offer to operate any amusement ride

A sexually violent offense is defined under Texas Code of Criminal Procedure Ch. 62.001(6) as the following offenses if committed by a person 17 years of age or older:

• Continuous sexual abuse of young child or children
• Indecency with a Child (Sexual Contact)
• Sexual Assault
• Aggravated Sexual Assault
• Sexual Performance of Child
• Aggravated Kidnapping, if the offender committed the offense with intent to violate or abuse victim sexually
• Burglary, if the offense is punishable under subsection (d) of the burglary statute and the defendant committed the offender with intent to commit a felony listed above (or a Burglary with intent to commit Prohibited Sexual Conduct)
• An offense under the laws of another state, federal law laws of a foreign country, or Uniform Code of Military Justice that contain elements that are substantially similar to the elements of offenses listed above

Answer: Make contact with the local law enforcement agency in which he/she was registering with prior to passing and be prepared to provide proof that the person is in fact deceased.

Answer: A person subject to registration may not reside on the campus of a public or private institution of higher education unless:

1. The registrant is assigned a low risk based on an assessment conducted using the sex offender screening tool developed or selected under Article  62.007 (Texas Code of Criminal Procedure) ; and
2. The institution approves the person to reside on the institution's campus.

The registration law (Chapter 62, Texas Code of Criminal Procedure) is silent otherwise regarding residency restrictions on the basis of registration alone.  Residency restrictions could be imposed if the registrant is under Probation or Parole and the judge or parole board imposes a restriction as a condition of supervision.  Once registrants are no longer under Probation or Parole the restrictions are no longer in effect.  In addition, some cities have enacted local city ordinances which may restrict where a sex offender may reside.

Answer: A person subject to registration who enters the premises of any school in this state during the standard operating hours of the school shall immediately notify the administrative office of the school of the person's presence on the premises and the person's status as a registered sex offender.  The office may provide a chaperon to accompany the person while the person is on the premises of the school.  The notification requirement does not apply to a student enrolled at the school, a student from another school participating at an event at the school, or a person who has entered into a written agreement with the school that exempts the person from notification. 

Answer: Section 341.906, Subchapter Z, Chapter 341, Local Government Code, allows for the governing body of a general-law municipality by ordinance to restrict a registered sex offender from going in, on or within a specified distance of a child safety zone in the municipality. In addition it limits the distance requirement an ordinance may have and requires procedures for an exemption from the ordinance. Questions regarding any local city ordinance should be directed to the local law enforcement registrar's office at the Police Department or the city attorney's office in the jurisdiction of the ordinance.

Answer: Please contact the Agency that most recently updated the registration record. This Agency is on the registrant’s public record on the Sex Offender Registration website. If there is more than one Agency listed, then contact the one associated with the most recent event date.

In order to expedite the process, please complete the following steps and provide the documentation detailed below to the Agency when you make contact. The documentation must be certified if provided by someone other than law enforcement.

1. Confirm no situations require registration for this person. (Provide the charging instrument, judgment from the court of adjudication, and proof of discharge for all registerable offenses.)
   1. All possible registerable offenses have complete dispositions in Texas and national criminal histories and no other registerable offense(s) exists in Texas and national criminal histories. (You can find more information on criminal histories on this FAQ webpage in the “Criminal History Records FAQ's” section above.)
   2. No extrajurisdictional registration (federal, military, or foreign law) requirements exist.
   3. No current probation or parole conditions require registration.
2. The next action is to confirm that the offense reported on the registry is correct.
   1. Provide the charging instrument, judgment from the court of adjudication, and discharge for all registerable offenses.
3. Provide proof of discharge from all registerable offense sentences. This is used to calculate the Ending Registration Date. (Provide one type of documentation from the list below.)
   1. Order of discharge from the court of conviction, deferred adjudication, or adjudication of delinquent conduct.
   2. Certificate of release from the penal institution.
   3. Statement provided on agency letterhead by supervising officer or discharging agency.

Answer:If you have any questions or concerns regarding an extrajurisdictional registrant’s duty to register in Texas, please contact txsor@dps.texas.gov to request an attorney review of your registration requirement.

Helpful documents to include would be:

1. the Federal indictment and/or Military specifications, or other charging instrument,
2. the judgment of conviction and sentence, and
3. the conditions of probation or supervision, if any.