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Garland, TX Public Conduct: Loitering Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered persons
Registered sex offenders (Ch. 62, Tex. CCP)
Buffer distance
500 feet around prohibited areas
Prohibited areas
Parks, schools, playgrounds, day cares
Defenses
Six listed in §26.31(B)
Enforcement
Police can order offenders to leave
Adopted
2008, amended by Ordinance 7117 (2020)

Summary

Garland makes it unlawful for a registered sex offender to loiter within, or within 500 feet of, a park, school, playground or other place where children gather whenever a minor is present, under §26.31. Six affirmative defenses cover offenders who already live nearby, are a present child's parent, or merely drove through.

(A) It shall be unlawful for a sex offender to loiter within a prohibited area or within 500 feet of any prohibited area at any time that a minor is present within the prohibited area. (B) It is an affirmative defense to prosecution if the sex offender: (1) Already has and maintains a permanent residence within 500 feet of the prohibited area or is incarcerated within 500 feet of a prohibited area while the sex offender is on the premises of that permanent residence on the premises of the place of incarceration;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4862189; v40 updated 2026-05-19).

Full Breakdown

30 as a public park, public or private school, sporting facility catering to minors, playground, children's amusement arcade, day-care center, or similar place, or within 500 feet of one, at any time a minor is present. Subsection (B) lists six affirmative defenses: the offender already maintains a permanent residence or is incarcerated within 500 feet of the area and stays on those premises; the offender is the parent or guardian of the child present and no court order restricts contact; the offender is enrolled in the school that is the prohibited area; the offender had prior written permission from a person in authority; the offender was in active transit by motor vehicle between two legitimate destinations; or the offender is a minor.

35 adds further defenses where the area became prohibited only after the offender's residence was established and registration compliance continues, or where the sex offender database listing is incorrect. 30(4) includes a police officer with respect to public property, meaning officers may directly order an offender to leave. The article was adopted by Ordinance 6190 in 2008 and last amended by Ordinance 7117 in 2020.

Violations & Fines

Loitering within a prohibited area, or within 500 feet of one, while a minor is present is an offense under §26.31(A) unless an affirmative defense in §26.31(B) or §26.35 applies; enforcement runs through the Garland Police Department using the state Sex Offender Database to identify covered persons and prohibited-area boundaries.

Frequently Asked Questions

How close can a registered sex offender be to a Garland park?
Section 26.31(A) bars a sex offender from loitering within a park, school, playground or similar prohibited area, or within 500 feet of its boundary, at any time a minor is present in that area, regardless of whether the offender is inside the area itself.
Are there exceptions to Garland's sex offender loitering ban?
Yes. Section 26.31(B) lists six affirmative defenses, including already living or being incarcerated within 500 feet of the area, being the present child's parent or guardian without a restricting court order, being enrolled in the school at issue, having prior written permission, or merely driving through on a direct route.
What counts as a "prohibited area" under Garland's ordinance?
Section 26.30(5) defines it as any public park listed in §25.04, a public or private school, a sporting facility substantially catering to minors, a playground, a children's amusement arcade, or a day-care center, essentially any place where children are expected to gather.
Who decides if a sex offender must leave a Garland public area?
A police officer, who §26.30(4) treats as authorized on the City's behalf to demand a sex offender leave a prohibited area; a sign or a person with the property owner's apparent authority can do the same on private property.

Sources & Official References

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