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Hondo council adopts local ordinance restricting locations for registered *** offenders
Summary
The council adopted Ordinance No. 1300-03-25, creating Chapter 8, Article 8.08 of the City Code to restrict where registered *** offenders may live relative to child-gathering sites and to allow penalties for landlords who knowingly rent to prohibited persons. Staff said the measure complements state law and includes affirmative defenses for those already living in affected locations.
The Hondo City Council on March 10 adopted Ordinance No. 1300-03-25, which adds local restrictions to the city code governing where registered *** offenders may be located in relation to areas where children gather, and establishes penalties for renting to a prohibited person in a restricted area.
City Attorney (presenting the measure) said the ordinance supplements state law by giving the city local enforcement power and imposing penalties on anyone who rents or leases property to a prohibited person within the restricted zones. The attorney told the council that many Texas cities have adopted similar ordinances under state authority and that the Hondo ordinance includes findings of fact, repealer, severability and publication requirements.
During questions, council members asked whether landlords must check the public registry for restricted persons. The attorney said Section 80805 creates a presumption of knowledge when a person appears on the published registry. Police staff added that Detective Garcia — who handles the offender registry locally — would reach out to landlords and registrants to ensure they receive copies of the ordinance and understand its requirements. "Anyone who's registered as a *** offender in the state ... they have 7 days to notify the police department," the police representative said, describing the state registration obligation.
Staff and the attorney explained that the ordinance contains affirmative defenses for people who occupied a residence before a newly restricted use or area was created; those residents would be able to raise that defense if charged. Staff also clarified that the ordinance provides enforcement authority the city lacked under state law, for example the power to require a registered person to leave a city facility such as the pool if community calls are received.
The council moved the ordinance to a vote and adopted it by voice vote; the chair indicated the motion carries with no recorded opposition. The attorney noted the ordinance must be published (two legal notices or a caption/summary) before it becomes effective.
The transcript uses the phrase "registered *** offenders" where the specific term is redacted in the record; the council discussion and staff descriptions quoted the language as presented in the ordinance draft.
