On February 18, 2013, the Burleson City Council, via Ordinance B-803-13, added Article VIII “Regulation of Sex Offender Residency” to Chapter 54 of the Burleson Code of Ordinances.
Article VIII says that it is an offense for a person who is required to register as a sex offender because of a reportable conviction or adjudication involving a victim younger than 17 years of age to establish a permanent residence or temporary residence within 1,000 feet of any defined premise where children commonly gather, including a playground, school, daycare center, video arcade facility, public or private youth center, park, or community swimming pool. Nothing in the provision requires a person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender.
Article 42.12 (13B) of the Texas Code of Criminal Procedure provides a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses. The City of Burleson has the authority, pursuant to Section 544 of the Texas Local Government Code, and the City Charter, to adopt provisions governing the residency of certain sex offenders in order to protect the health, safety and welfare of its residents.