Sex Offender Housing Restrictions in Texas

Finding stable housing as a registered sex offender in Texas can be incredibly challenging. Strict residency rules, local laws, and landlord policies often limit where offenders can live, leaving many at risk of homelessness. While these laws aim to protect public safety, they also raise concerns about fairness and effectiveness.

Recently, some Texas cities have started repealing these rules, recognizing their unintended consequences. This blog breaks down the history of these restrictions, the current laws, and how things are starting to change for those affected.

A Brief History of Sex Offender Residency Restrictions in Texas

The concept of residency restrictions for sex offenders gained momentum in the 1990s. These laws were created to protect children and reduce the likelihood of reoffending by limiting where sex offenders could live. Texas was among the states that implemented early restrictions, and the measures have evolved over time.

• First Residency Laws: Texas introduced laws restricting sex offenders from living within 1,000 feet of child safety zones, such as schools and daycare centers.
• Enhanced Local Ordinances: Over time, individual cities began implementing stricter rules, with some areas expanding restricted zones to 2,000 feet or more.

Current Texas Laws on Sex Offender Residency

There is no single statewide law governing where sex offenders can live. Instead, restrictions are often imposed through a combination of state laws, parole conditions, and local ordinances. Below is a breakdown of these restrictions:

1. Child Safety Zones

Under Texas Code of Criminal Procedure § 42A.453, child safety zones are areas where registered sex offenders are prohibited from living or working if their crime involved a minor. These areas include:

• Schools
• Playgrounds
• Daycare centers
• Other places where children are likely to gather

Eligibility for Restrictions:
Not all registered sex offenders are subject to child safety zone restrictions. Offenses that typically lead to these restrictions include:

• Sexual assault and aggravated sexual assault
• Indecency with a child
• Continuous sexual abuse of a young child or children
• Prohibited sexual conduct (incest)
• Aggravated kidnapping with intent to sexually abuse
• Possession or promotion of child pornography
• Burglary with intent to commit a sexual offense

These restrictions are enforceable as part of parole or probation conditions. Non-compliance can result in legal penalties, including revocation of parole.

2. Local Ordinances

Municipalities in Texas have the authority to impose stricter rules on where registered offenders can live. Some examples include:

• Dallas: Prohibits offenders from living within 2,000 feet of schools, parks, or recreational areas.
• San Antonio: Enforces similar rules, adding restrictions for offenders convicted of crimes against children.
• Houston: Requires offenders to maintain a 1,000-foot distance from child safety zones.

Local ordinances vary, so offenders must check their city’s specific rules. Many municipalities provide interactive maps or tools to help offenders identify restricted areas.

3. Housing Agreements and Leases

Landlords and property owners in Texas are legally allowed to deny housing to sex offenders. Under Texas Property Code § 92.0081, landlords can screen tenants based on criminal history and refuse leases if they believe the tenant poses a risk.

Additionally, public housing authorities often have stricter screening processes that automatically exclude registered offenders, further limiting housing options.

Can You Be Forced to Leave Your Current Home?

The answer depends on several factors, including the timing of your conviction, parole conditions, and local ordinances.

• Parole or Probation Conditions

If your parole or probation conditions prohibit you from living in your current home, you may be forced to move. Failure to comply can result in legal consequences, such as arrest or parole revocation.

• New Ordinances Without Grandfather Clauses

If a city enacts a new residency restriction and does not include a grandfather clause for current residents, you could be required to leave your home. However, many cities allow existing residents to remain in place to avoid legal challenges.

• Landlord or Lease Issues

Landlords have the right to terminate leases if they discover your criminal history and it violates their policies. This can occur even if you are in compliance with state and local laws.

Shifting Perspectives on Residence Laws

While intended to enhance public safety, sex offender residency restrictions in Texas have raised concerns about fairness, housing instability, and their effectiveness in preventing reoffending. However, recent changes suggest a shift toward more practical solutions. Over 20 Texas towns have repealed local residency rules, recognizing the harm they often cause, such as homelessness and difficulty monitoring offenders.

Advocacy groups like Texas Voices for Reason and Justice (TVRJ) have driven these reforms, emphasizing policies that focus on rehabilitation and reintegration. These changes offer hope for fairer housing policies and stable living arrangements while balancing public safety and the rights of offenders. Though challenges remain, they mark progress toward a more equitable approach.

Arrested? Don’t Plea, Call Me!

Navigating housing restrictions as a registered sex offender in Texas is no easy task, but recent changes show that progress is possible. While the challenges remain significant, shifts in local policies and ongoing advocacy efforts highlight the potential for a more balanced and fair approach to residency laws.

If you or someone you know is struggling with housing restrictions or facing legal challenges related to sex crimes, the Texas Criminal Defense Group is here to help. Contact us today for a consultation and let our experienced attorneys guide you toward a solution.