
Art. 62.001. DEFINITIONS.  In this chapter:                                    
	(1)  "Department" means the Department of Public Safety.                       
	(2)  "Local law enforcement authority" means the chief of 
police of a municipality or the sheriff of a county in this state.
	(3)  "Penal institution" means a confinement facility 
operated by or under a contract with any division of the Texas 
Department of Criminal Justice, a confinement facility operated by 
or under contract with the Texas Youth Commission, or a juvenile 
secure pre-adjudication or post-adjudication facility operated by 
or under a local juvenile probation department, or a county jail.
	(4)  "Released" means discharged, paroled, placed in a 
nonsecure community program for juvenile offenders, or placed on 
juvenile probation, community supervision, or mandatory 
supervision.

Text of subd. (5) as amended by Acts 2005, 79th Leg., ch. 1008, Sec. 
1.01
	(5)  "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 21.11 (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 43.05 (Compelling prostitution), 
43.25 (Sexual performance by a child), or 43.26 (Possession or 
promotion of child pornography), Penal Code;
	(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), or (E);
	(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), or (G), but 
not if the violation results in a deferred adjudication;  or
	(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.

Text of subd. (5) as amended by Acts 2005, 79th Leg., ch. 1273, Sec. 
2
	(5)  "Reportable conviction or adjudication" means a 
conviction or adjudication, regardless of the pendency of an 
appeal, that is:
	(A)  a conviction for a violation of Section 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 conviction for a violation of Section 43.05 
(Compelling prostitution), 43.25 (Sexual performance by a child), 
or 43.26 (Possession or promotion of child pornography), Penal 
Code;
	(C)  a conviction for a violation of Section 20.04(a)(4) 
(Aggravated kidnapping), Penal Code, if the defendant committed the 
offense with intent to violate or abuse the victim sexually;
	(D)  a conviction for a violation of Section 30.02 
(Burglary), Penal Code, if the offense is punishable under 
Subsection (d) of that section and the defendant committed the 
offense with intent to commit a felony listed in Paragraph (A) or 
(C);
	(E)  a conviction for a violation of Section 20.02 (Unlawful 
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), 
Penal Code, if the judgment in the case contains an affirmative 
finding under Article 42.015;
	(F)  the second conviction for a violation of Section 21.08 
(Indecent exposure), Penal Code;
	(G)  a conviction for an attempt, conspiracy, or 
solicitation, as defined by Chapter 15, Penal Code, to commit an 
offense listed in Paragraph (A), (B), (C), (D), or (E);
	(H)  an adjudication of delinquent conduct:                                    
	(i)  based on a violation of one of the offenses listed in 
Paragraph (A), (B), (C), (D), (G), or (N) or, if the order in the 
hearing contains an affirmative finding that the victim or intended 
victim was younger than 17 years of age, one of the offenses listed 
in Paragraph (E);  or
	(ii)  for which two violations of the offense listed in 
Paragraph (F) are shown;
	(I)  a deferred adjudication for an offense listed in:                         
	(i)  Paragraph (A), (B), (C), (D), (G), or (N);  or                            
	(ii)  Paragraph (E) if the papers in the case contain an 
affirmative finding that the victim or intended victim was younger 
than 17 years of age;
	(J)  a conviction under the laws of another state, federal 
law, the laws of a foreign country, or the Uniform Code of Military 
Justice for an offense containing elements that are substantially 
similar to the elements of an offense listed under Paragraph (A), 
(B), (C), (D), (E), (G), or (N);
	(K)  an adjudication of delinquent conduct under the laws of 
another state, federal law, or the laws of a foreign country based 
on a 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), or (N);
	(L)  the second conviction under the laws of another state, 
federal law, the laws of a foreign country, or the Uniform Code of 
Military Justice for an offense containing elements that are 
substantially similar to the elements of the offense of indecent 
exposure;
	(M)  the second adjudication of delinquent conduct under the 
laws of another state, federal law, or the laws of a foreign country 
based on a violation of an offense containing elements that are 
substantially similar to the elements of the offense of indecent 
exposure;  or
	(N)  a conviction for a violation of Section 33.021 (Online 
solicitation of a minor), Penal Code.
	(6)  "Sexually violent offense" means any of the following 
offenses committed by a person 17 years of age or older:
	(A)  an offense under Section 21.11(a)(1) (Indecency with a 
child), 22.011 (Sexual assault), or 22.021 (Aggravated sexual 
assault), Penal Code;
	(B)  an offense under Section 43.25 (Sexual performance by a 
child), Penal Code;
	(C)  an offense under Section 20.04(a)(4) (Aggravated 
kidnapping), Penal Code, if the defendant committed the offense 
with intent to violate or abuse the victim sexually;
	(D)  an offense under Section 30.02 (Burglary), Penal Code, 
if the offense is punishable under Subsection (d) of that section 
and the defendant committed the offense with intent to commit a 
felony listed in Paragraph (A) or (C) of Subdivision (5);  or
	(E)  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 an offense listed under Paragraph (A), 
(B), (C), or (D).
	(7)  "Residence" includes a residence established in this 
state by a person described by Article 62.152(e).
	(8)  "Public or private institution of higher education" 
includes a college, university, community college, or technical or 
trade institute.
	(9)  "Authority for campus security" means the authority 
with primary law enforcement jurisdiction over property under the 
control of a public or private institution of higher education, 
other than a local law enforcement authority.
	(10)  "Extrajurisdictional registrant" means a person who:                     
	(A)  is required to register as a sex offender under:                          
	(i)  the laws of another state with which the department has 
entered into a reciprocal registration agreement;
	(ii)  federal law or the Uniform Code of Military Justice;  
or               
	(iii)  the laws of a foreign country;  and                                     
	(B)  is not otherwise required to register under this chapter 
because:       
	(i)  the person does not have a reportable conviction for an 
offense under the laws of the other state, federal law, the laws of 
the foreign country, or the Uniform Code of Military Justice 
containing elements that are substantially similar to the elements 
of an offense requiring registration under this chapter;  or
	(ii)  the person does not have a reportable adjudication of 
delinquent conduct based on a violation of an offense under the laws 
of the other state, federal law, or the laws of the foreign country 
containing elements that are substantially similar to the elements 
of an offense requiring registration under this chapter.

Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 866, Sec. 1, eff. Aug. 30, 
1993;  Acts 1995, 74th Leg., ch. 76, Sec. 14.62, eff. Sept. 1, 1995;  
Acts 1995, 74th Leg., ch. 258, Sec. 1, eff. Sept. 1, 1995.  
Redesignated from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 1 and 
amended by Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1, 
1997.  Subd. (3) amended by Acts 1999, 76th Leg., ch. 1415, Sec. 7, 
eff. Sept. 1, 1999;  Subd. (5) amended by Acts 1999, 76th Leg., ch. 
1193, Sec. 4, eff. Sept. 1, 1999;  amended by Acts 1999, 76th Leg., 
ch. 1415, Sec. 8, eff. Sept. 1, 1999;  Subd. (6) amended by Acts 
1999, 76th Leg., ch. 1193, Sec. 4, eff. Sept. 1, 1999;  amended by 
Acts 1999, 76th Leg., ch. 1415, Sec. 8, eff. Sept. 1, 1999;  Subd. 
(7) added by Acts 1999, 76th Leg., ch. 1193, Sec. 4, eff. Sept. 1, 
1999;  added by Acts 1999, 76th Leg., ch. 1415, Sec. 8, eff. Sept. 1, 
1999;  Subd. (5) amended by Acts 2003, 78th Leg., ch. 1005, Sec. 8, 
eff. Sept. 1, 2003;  Subd. (6) amended by Acts 2003, 78th Leg., ch. 
1005, Sec. 8, eff. Sept. 1, 2003;  Subd. (7) amended by Acts 2003, 
78th Leg., ch. 1275, Sec. 3(4), eff. Sept. 1, 2003;  Subd. (8) added 
by Acts 2003, 78th Leg., ch. 347, Sec. 1, eff. Sept. 1, 2003;  
Subsec. (9) added by Acts 2003, 78th Leg., ch. 347, Sec. 1, eff. 
Sept. 1, 2003.  Subd. (5) amended by Acts 2005, 79th Leg., ch. 1273, 
Sec. 2, eff. June 18, 2005.  Redesignated from Vernon's Ann.C.C.P. 
art. 62.01 and amended by Acts 2005, 79th Leg., ch. 1008, Sec. 1.01, 
eff. Sept. 1, 2005.
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Last modified: August 10, 2007