What registration is — and what it means
Texas sex-offender registration is governed by Code of Criminal Procedure ch. 62 (art. 62.001-.408). It applies to anyone convicted of, or adjudicated for, a "reportable conviction or adjudication" under art. 62.001(5). Registration imposes ongoing obligations: provide DPS with personal information (name, photo, fingerprints, address, employment, vehicles), verify status annually (or every 90 days for higher-risk registrants), report address changes within seven days, and be subject to public listing in the Texas Sex Offender Registry database.
Failure to register is itself a criminal offense under art. 62.102 — typically a third-degree felony, escalating to second-degree felony for repeat violations or when the registrant was on lifetime registration. The State actively prosecutes registration failures, and they're a leading source of post-conviction supervision violations.
Texas tiers under art. 62.101
Texas has a binary registration scheme — 10 years OR lifetime. There is no intermediate "25-year" tier as in the federal Adam Walsh Act framework.
Lifetime registration (art. 62.101(a))
| Offense | Penal Code § |
|---|---|
| Sexual assault | § 22.011 |
| Aggravated sexual assault | § 22.021 |
| Indecency with a child by sexual contact | § 21.11(a)(1) |
| Continuous sexual abuse of a young child or disabled individual | § 21.02 |
| Sexual performance by a child | § 43.25 |
| Possession or promotion of child pornography | §§ 43.26, 43.262 |
| Prohibited sexual conduct (incest) | § 25.02 |
| Online solicitation of a minor (depending on facts) | § 33.021 |
| Compelling prostitution (under-age victim) | § 43.05(a)(2) |
| Trafficking of persons (sexual) | § 20A.02(a)(3)-(8) |
| Continuous trafficking of persons | § 20A.03 |
| Second or subsequent reportable conviction | art. 62.101(a)(4) |
10-year registration (art. 62.101(b))
| Offense | Penal Code § |
|---|---|
| Indecency with a child by exposure | § 21.11(a)(2) |
| Unlawful restraint / kidnapping / agg kidnap (sexual motive) | §§ 20.02, 20.03, 20.04 |
| Burglary of habitation with intent to commit certain sex offenses | § 30.02(d)(3) |
| Online solicitation of minor (lower-tier facts) | § 33.021 |
The 10-year clock runs from the later of: release from confinement, or release from community supervision/parole. So a 10-year sentence with full parole completion produces a 20-year total system contact (10 served + 10 registration after release).
Adam Walsh Act federal overlay
The federal Sex Offender Registration and Notification Act (SORNA), codified at 34 U.S.C. § 20911 et seq., creates a parallel three-tier system:
| Federal Tier | Duration | Verification |
|---|---|---|
| Tier I | 15 years | Annual |
| Tier II | 25 years | Every 6 months |
| Tier III | Lifetime | Quarterly |
The federal framework matters for two reasons. First, anyone registered in Texas who travels to or relocates to another state may need to register there under SORNA's tier — which may be longer or shorter than the Texas requirement. Second, when Texas requires a longer registration period than the federal minimum, art. 62.401 lets the registrant petition to have Texas registration shortened to match the federal duration.
Registration duties and verification
While registered, the offender must:
- Report to local law enforcement upon arrival in any jurisdiction
- Provide annual verification (or 90-day verification for Level 3 high-risk and lifetime registrants)
- Report address changes within seven days under art. 62.055
- Report new employment or school enrollment
- Report new vehicles owned or operated
- Allow photographs and updated identification taken
- Submit to fingerprinting at any time required
- Pay annual registration fees (varies by county)
Failure to comply with any of these duties is a separate offense under art. 62.102, typically charged as a third-degree felony.
Deregistration under art. 62.401
Articles 62.401-.408 create a deregistration pathway when Texas-required registration exceeds the federal minimum. The process:
- Initial assessment. Petitioner obtains a risk assessment from a clinician authorized by the Council on Sex Offender Treatment under art. 62.404.
- Petition filing. The petition is filed in the convicting court, with notice to the DA's office.
- DA opportunity to oppose. The State has the right to investigate and oppose the petition.
- Court hearing. The court considers the assessment, the registrant's history during registration, and any objections.
- Order. The court can grant deregistration if it finds the petitioner's required Texas duration exceeds the federal Adam Walsh Act minimum AND that deregistration is in the public interest.
Most successful petitions involve registrants whose Texas duration is lifetime but whose Adam Walsh tier would be Tier I (15 years). After 15+ years of compliant registration, art. 62.401 allows the petition to remove them from active registration. See our Registration Early Termination calculator for case-specific analysis.
Civil commitment under H&S Code ch. 841
Texas operates a separate civil-commitment process for the highest-risk sex offenders under Health & Safety Code ch. 841. Civil commitment is NOT the same as criminal sentencing — it's a post-release civil process that can extend supervision indefinitely for "sexually violent predators."
Civil commitment requires the State to prove beyond a reasonable doubt to a jury that:
- The person was convicted of two or more sexually violent offenses (repeat-offender requirement), AND
- The person suffers from a behavioral abnormality that makes the person likely to engage in predatory acts of sexual violence
A civilly committed person is not free — they're supervised by the Office of Violent Sex Offender Management in an outpatient (or in some cases inpatient) treatment program with strict residence, GPS, and contact restrictions. Civil commitment can last for the person's lifetime.
Collateral consequences
- Public registry listing
- Most registrants are listed publicly at records.txdps.state.tx.us with name, photo, address, offense, risk level. The public listing affects housing, employment, social relationships, school district notifications, and child-custody outcomes.
- Residence restrictions
- No statewide rule but many cities/towns have ordinances barring residence within 1,000-2,500 feet of schools, parks, daycares. Civilly committed offenders have additional restrictions.
- Employment restrictions
- Excluded from teaching, child care, healthcare in some cases, healthcare licensing in others. Background checks routinely reveal registrant status.
- Travel and relocation
- SORNA requires re-registration in any new jurisdiction. International travel may require disclosure under Megan's Law passport notations.
- Firearm rights
- Most sex offenses also trigger federal 18 U.S.C. § 922(g)(1) felony lifetime firearm ban AND Texas Penal Code § 46.04 state ban. Even after registration ends, firearm rights are typically not restored.
