Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 2407 seeks to increase the criminal penalties for certain sex offenders who fail to comply with sex offender registration requirements. Specifically, the bill amends Articles 62.102(c) and (d) of the Texas Code of Criminal Procedure. Under the proposed changes, if it is proven during a trial that an individual has previously been convicted of failing to register as a sex offender or attempting to do so, the penalty will be elevated to the next highest category of offense. Similarly, if it is established that the person used fraudulent identifying information in violation of Section 32.51 of the Penal Code during the commission or attempted commission of the offense, the penalty will also be increased to the next highest category of offense.

The bill clarifies that these changes will apply only to offenses committed on or after the act’s effective date of September 1, 2025. Any offenses committed before that date will continue to be governed by the law as it existed at the time the offense was committed. This transitional provision ensures that the new, stricter penalties do not apply retroactively.

The original version of HB 2407 and the Committee Substitute both aim to increase the criminal penalties for sex offenders who fail to comply with registration requirements. However, there are notable differences in how each version addresses the issue and implements changes to the Texas Code of Criminal Procedure.

The original bill directly amends Articles 62.102(c) and (d) of the Code of Criminal Procedure to increase the penalty for failure to register or attempting to register when the offender has a prior conviction. It mandates that the penalty be elevated to the next highest category of offense. Additionally, the original version specifies that if a person uses fraudulent identifying information during the commission or attempted commission of the offense, the penalty is similarly increased to the next highest category of offense. The language focuses on directly increasing the severity of penalties when specific aggravating factors are present.

In contrast, the Committee Substitute introduces similar penalty enhancements but may include revisions for clarity or enforcement, such as adjusting the scope or wording to align more precisely with existing legal frameworks. Committee Substitutes often refine the bill’s language to address stakeholder concerns or ensure legal consistency. While the core intent—enhancing penalties for non-compliance and fraudulent actions—remains the same, the substitute may reflect technical adjustments rather than substantive changes to the proposed penalty increases.

Overall, the primary difference lies in the specificity and possible refinements introduced in the Committee Substitute. The original bill’s straightforward approach to enhancing penalties is preserved, but the substitute likely introduces improvements in wording, structure, or application to facilitate clearer implementation.

Author

Giovanni Capriglione

Contact the Author

Rep. Giovanni Capriglione

Capitol Phone:

(512) 463-0690

Capitol Office:

EXT E1.506

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2407 is not expected to have a significant fiscal impact on the state budget. The bill proposes to increase the criminal penalty for certain offenses related to the failure to comply with sex offender registration requirements by moving the punishment from the next highest degree of felony to the next highest category of offense. Despite this enhancement of penalties, the anticipated effect on state correctional populations or the demand for correctional resources is projected to be minimal.

The fiscal note also addresses the potential impact on local governments, including costs associated with enforcement, prosecution, supervision, or confinement of offenders who violate registration requirements. Similar to the state-level assessment, it is assumed that the fiscal impact on local government entities will not be significant. This suggests that the bill's provisions are unlikely to substantially increase workloads or operational costs for local criminal justice systems.

Overall, the fiscal analysis indicates that while HB 2407 enhances penalties, it is not expected to impose considerable additional costs on state or local governments. The projected minimal impact is likely due to the relatively limited number of cases where the enhanced penalty would apply.

Vote Recommendation Notes

HB 2407 aims to address persistent challenges associated with noncompliance in the Texas Sex Offender Registration Program by increasing the criminal penalty for certain offenses related to failing to register as a sex offender. The bill targets repeat offenders and those who intentionally evade detection by elevating the penalty to the next highest category of offense when specific aggravating factors are present, such as a prior conviction or the use of fraudulent identifying information. The purpose is to enhance public safety by making the legal consequences for noncompliance more stringent and consistent.

The bill aligns with the principle of Personal Responsibility by holding repeat offenders accountable for their continued failure to meet legal obligations. By increasing penalties for those who intentionally evade detection, it also promotes Individual Liberty by prioritizing public safety and reducing risks associated with untracked sex offenders. Additionally, the bill’s targeted approach ensures that the government’s response remains Limited—it does not broadly increase penalties for all sex offenders, but specifically targets those who repeatedly or intentionally violate registration requirements.

Both the Republican Party of Texas (RPT) and the Democratic Party of Texas (DPT) emphasize public safety, although the DPT also advocates for criminal justice reform. This bill balances both concerns by specifically addressing repeat and intentional noncompliance rather than broadly enhancing penalties for all offenses. The Libertarian Party of Texas (LPT), which generally opposes increasing penalties, may view the bill less favorably; however, the bill’s focus on intentional evasion rather than mere oversight aligns to some degree with the party’s stance against over-criminalization.

Given the bill’s focus on enhancing public safety while maintaining a targeted approach to increasing penalties, a "Yes" vote is recommended. This legislation effectively addresses a critical gap in enforcement while aligning with principles of accountability and public protection. Texas Policy Research recommends that lawmakers vote YES on HB 2407.

Individual Liberty: HB 2407 supports individual liberty by enhancing public safety and ensuring that communities are better protected from sex offenders who repeatedly fail to register. While it imposes stricter penalties on offenders, it does so in a targeted manner, specifically addressing repeat violations and intentional evasion. By focusing on those who deliberately avoid legal obligations, the bill strikes a balance between maintaining public safety and respecting individual rights.
Personal Responsibility: The bill strongly emphasizes personal responsibility by holding repeat offenders accountable for their actions. It targets individuals who have previously violated sex offender registration laws or who deliberately use fraudulent means to evade detection. This focus on repeat offenders underscores the principle that individuals must take responsibility for their legal obligations, especially when those obligations are designed to protect public safety.
Free Enterprise: The bill does not directly affect the principle of free enterprise. Its focus is on criminal justice and public safety rather than business regulations or economic freedom. Therefore, it neither enhances nor restricts free enterprise in any meaningful way.
Private Property Rights: HB 2407 does not impact private property rights, as it deals exclusively with criminal penalties related to noncompliance with sex offender registration. There are no provisions that affect property ownership, use, or economic interests in private property.
Limited Government: The bill aligns with the principle of limited government by maintaining a focused and specific approach to increasing penalties. It does not broadly expand the criminal code or introduce new categories of criminal behavior. Instead, it narrowly targets individuals who have demonstrated a pattern of noncompliance or fraudulent behavior. By doing so, it seeks to enhance enforcement within existing legal frameworks rather than significantly expanding government authority.

View Bill Text and Status