HB2407

Regular Session

Relating to increasing the criminal penalty for the failure of certain sex offenders to comply with sex offender registration requirements.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Department of Public Safety • Local Law Enforcement Agencies • State Prosecutors/District Attorneys

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: Immediate. HR and Security protocols must account for this risk profile as of today.
Agency Rulemaking: None. This is a Penal Code and Code of Criminal Procedure amendment; no regulatory agency will issue guidance for private businesses.

Immediate Action Plan

Audit I-9 Procedures: Direct HR to strictly scrutinize identification documents for signs of tampering, as the legal incentive for offenders to use fake IDs has increased.
Update Vendor Contracts: Send a notice to all staffing agencies confirming they are aware of HB2407 and re-confirming their vetting obligations.
Review Insurance: Consult your broker to ensure Employment Practices Liability Insurance (EPLI) covers acts by employees with undisclosed criminal records.
Communicate to Safety Officers: Ensure physical security teams are aware that non-compliant offenders face higher stakes, potentially making them more desperate to avoid identification.

Operational Changes Required

Contracts

Staffing & Vendor MSAs: Review Master Service Agreements with staffing agencies immediately. Insert or strengthen indemnification clauses requiring vendors to certify they verify identity and sex offender registry status. Shift the liability for "placed" personnel utilizing fraudulent IDs back to the staffing agency.
Employment Agreements: Ensure "Duty to Disclose" clauses are active, requiring employees to report any arrests or changes in legal status immediately.

Hiring/Training

Identity Verification (I-9): The legislation specifically targets offenders using fraudulent identifying information. HR teams must move beyond casual visual inspection of I-9 documents. Where possible, utilize E-Verify or secondary identity validation tools.
Background Check Criteria: Instruct HR to flag *any* "Failure to Register" charge. Do not wait for the specific "enhanced" felony classification to appear on reports, as court records may lag behind the new statutory language.

Reporting & Record-Keeping

Defensive Documentation: You are not required to file forms with the State. However, you must maintain granular records of *when* background checks were run. If an employee is arrested under this statute, your defense against a civil suit depends on proving you conducted due diligence at the time of hire.

Fees & Costs

No Direct Fees: There are no statutory fees for businesses.
Indirect Costs: Potential increase in background check costs if moving from "one-time" screening to "continuous monitoring" services for high-risk positions.

Strategic Ambiguities & Considerations

Background Check Reporting Lag: The law changes the penalty from "next highest degree of felony" to "next highest category of offense." Commercial background check providers may take months to update their coding to reflect this specific enhancement. A report may show a generic "Failure to Register" without indicating the severity. Business Logic: Treat all registration failures as high-risk, regardless of the felony degree listed on the initial report.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Persons Crimes--against Persons--sexual Criminal Procedure Criminal Procedure--sentencing & Punishment Sexual Offenders

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 2407

By: Capriglione

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the sex offender registration program under which convicted sex offenders must register helps protect communities and prevent repeat offenses and is a critical tool for tracking offenders and ensuring that they comply with legal requirements designed to safeguard the public. However, as the bill author has informed the committee, some sex offenders' failure to comply with sex offender registration requirements remains a persistent issue and their evasion of these obligations can make it difficult for law enforcement to monitor their whereabouts and thus increases risks to public safety. Furthermore, the bill author has informed the committee that current penalties for failing to register as a sex offender may not be sufficient to deter noncompliance, especially for repeat offenders or those who deliberately attempt to avoid detection, and that repeat violations of sex offender registration requirements can create inconsistencies in sentencing due to variations in how prior offenses are considered, which can lead to uncertainty in court proceedings and hinder the ability to impose appropriate penalties for habitual noncompliance. H.B. 2407 seeks to strengthen the state's commitment to public safety and improve enforcement mechanisms and deterrence by increasing the penalty for certain offenses involving the failure to comply with sex offender registration requirements to the next highest category of offense for certain offenders.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2407 amends the Code of Criminal Procedure to revise provisions increasing the punishment for fraudulently using identifying information during the commission or attempted commission of the offense of failure to comply with sex offender registration requirements or for a subsequent commission or attempted commission of that offense to the punishment for the next highest degree of felony so that the offense itself is increased to the next highest category of offense.

H.B. 2407 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Giovanni CapriglioneRepublican · Primary Author

Senate Sponsors

Sen. Brent HagenbuchRepublican · Primary Sponsor

Cosponsors (1)

Jose Menendez (D)

Bill Text(with markup)

H.B. No. 2407

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to increasing the criminal penalty for the failure of
	certain sex offenders to comply with sex offender registration
	requirements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Articles 62.102(c) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(c) If it is shown at the trial of a person for an offense or
	an attempt to commit an offense under this article that the person
	has previously been convicted of an offense or an attempt to commit
	an offense under this article, the [~~punishment for the~~] offense or
	the attempt to commit the offense is increased to the [~~punishment~~
	~~for the~~] next highest category of offense [~~degree of felony~~].
	(d) If it is shown at the trial of a person for an offense
	under this article or an attempt to commit an offense under this
	article that the person fraudulently used identifying information
	in violation of Section 32.51, Penal Code, during the commission or
	attempted commission of the offense, the [~~punishment for the~~]
	offense or the attempt to commit the offense is increased to [~~the~~
	~~punishment for~~] the next highest category of offense [~~degree of~~
	~~felony~~].
	SECTION 2. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense was
	committed before that date.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2407 by Capriglione (Relating to increasing the criminal penalty for the failure of certain sex offenders to comply with sex offender registration requirements.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the punishment for certain offenses of failure to comply with registration requirements related to the Sex Offender Registration Program from the next highest degree of felony to the next highest category of offense.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.

Source Agencies:

LBB Staff:

JMc, MGol, AMr

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Frequently Asked Questions

Common questions about HB2407

What does Texas HB2407 do?

HB2407 immediately escalates criminal penalties for sex offenders who fail to register, specifically targeting recidivists and those utilizing fraudulent identification to evade detection. While this statute imposes no direct reporting mandates on private enterprise, it significantly heightens the risk of identity fraud during the hiring process, requiring businesses to strengthen identity verification protocols to avoid negligent hiring liability. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Who authored HB2407?

HB2407 was authored by Texas Representative Giovanni Capriglione during the Regular Session.

When was HB2407 signed into law?

HB2407 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2407?

HB2407 is enforced by Texas Department of Public Safety, Local Law Enforcement Agencies and State Prosecutors/District Attorneys.

How urgent is compliance with HB2407?

The compliance urgency for HB2407 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2407?

The cost impact of HB2407 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2407 address?

HB2407 addresses topics including crimes, crimes--against persons, crimes--against persons--sexual, criminal procedure and criminal procedure--sentencing & punishment.

Legislative data provided by LegiScanLast updated: November 25, 2025

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