Art. 62.355.  WAIVER OF HEARING.  (a)  The prosecuting attorney may waive the state's right to a hearing under this subchapter and agree that registration under this chapter is not required.  A waiver under this subsection must state whether the waiver is entered under a plea agreement.
(b)  If the waiver is entered under a plea agreement, the court, without a hearing, shall:
(1)  enter an order exempting the respondent from registration under this chapter; or
(2)  under Section 54.03(j), Family Code, inform the respondent that the court believes a hearing under this article is required and give the respondent the opportunity to:
(A)  withdraw the respondent's plea of guilty, nolo contendere, or true; or
(B)  affirm the respondent's plea and participate in the hearing.
(c)  If the waiver is entered other than under a plea agreement, the court, without a hearing, shall enter an order exempting the respondent from registration under this chapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.