BILL ANALYSIS
C.S.S.B. 433
By: Ellis (Rangel)
April 11, 1995
Committee Report (Substituted)
BACKGROUND
As juvenile crime increases in Texas, cities and counties have
been very concerned about how to restrict the activities of
juveniles during daylight and nighttime hours on weekdays and
weekends. While some cities have implemented narrowly drawn curfew
ordinances, a commissioners court of a county has not been granted
the authority to implement a county-wide curfew. A county-wide
curfew is needed in order to make sure that juveniles do not
circumvent a city curfew by staying out in the unincorporated areas
of a county.
PURPOSE
CSSB 433 would give counties as well as municipalities the
authority to establish juvenile curfews.
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.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 341, Local Government
Code, by adding Section 341.904 as follows:
Sec. 341.904. JUVENILE CURFEW IN GENERAL-LAW MUNICIPALITY.
Authorizes a general-law municipality to adopt a juvenile
curfew ordinance. Provides that a violation
of a juvenile curfew ordinance under this section is a Class
C misdemeanor offense.
SECTION 2. Amends Chapter 351, Local Government Code, by adding
Section 351.903 as follows:
Sec. 351.903. COUNTY JUVENILE CURFEW. Authorizes a county
commissioners
court to adopt a juvenile curfew applicable to the
unincorporated area of the county. Lists
the specifications a commissioners court is authorized to make
in the adoption of a
juvenile curfew order. Provides that a violation of a
juvenile curfew order under this section is a Class C misdemeanor
offense.
SECTION 3. Amends the chapter heading of Chapter 370, Local
Government Code, as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL
AND
COUNTY HEALTH AND PUBLIC SAFETY
SECTION 4. Amends Chapter 370, Local Government Code, by adding
Section 370.002 as follows:
Sec. 370.002. REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.
Requires the governing body of a municipality or a county
commissioners court to review, conduct public hearings on, and
abolish, continue, or modify a juvenile curfew ordinance or order every three years. Requires the expiration of an ordinance
for a failure to act pursuant
to this section.
SECTION 5. Amends Section 51.08(b), Family Code, to require a
court to waive original jurisdiction and refer a child to juvenile
court if the child has previously been convicted of one or more
violations of a juvenile curfew ordinance or order. Makes
conforming changes.
SECTION 6. Amends Chapter 14, Code of Criminal Procedure, by
adding Article 14.07 as follows:
Art. 14.07. VIOLATIONS OF JUVENILE CURFEW ORDINANCE OR ORDER.
Requires a minor taken into custody for violation of a curfew
ordinance or order to be
released to a parent, guardian, or custodian, taken to court
to answer the charge, or taken
to a juvenile curfew processing office. Requires a juvenile
curfew processing office to
follow certain guidelines.
SECTION 7. Makes application of this Act prospective.
SECTION 8. Requires a municipality adopting a curfew ordinance
prior to the effective date of this Act to conduct a review of the
ordinance described in Section 370.002, Local Government Code, as
added by this Act, within three years of the effective date of this
Act.
SECTION 9. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSSB 433
SECTION 1. Adds Section 341.904 to the Local Government Code
authorizing a general law municipality to adopt a juvenile
curfew ordinance.
SECTION 2. SB 433 amends Chapter 370, Local Government Code,
by adding Section
370.002, while CSSB 433 amends Chapter 351, Local Government
Code, by adding
Section 351.903. The two sections contain similar language
with the substitute containing
the following changes:
- Specifies time periods for which a county
commissioners court can impose a
juvenile curfew.
- Provides that a county curfew order applies only to
unincorporated areas.
- Specifies that enforcement procedures must be in
compliance with Article 14.07, Code of Criminal Procedure.
- Deletes language authorizing persons other than police
officers to enforce
juvenile curfews.
- Lists examples of possible exemptions to a curfew
order.
- Deletes the subsection relating to the applicability
of a curfew order inside the
limits of a municipality.
- Deletes language making a subsequent offense under
this section a Class B
misdemeanor.
- Deletes the September 1, 1997 expiration date.
SECTION 3. Identical to SECTION 1 of SB 433.
SECTION 4. Adds Section 370.002 to the Local Government Code
to provide for the
review of juvenile curfew orders and ordinances every three
years.
SECTION 5. Amends Section 51.08(b) of the Family Code to
require a court to waive
original jurisdiction and refer a child to juvenile court if
the child has previously been
convicted of one or more violations of a juvenile curfew
ordinance or order.
SECTION 6. Adds Article 14.07 to the Code of Criminal
Procedure to provide
procedures for detaining a child taken into custody for
violation of a curfew ordinance
or order.
SECTION 7. Makes application of the Act prospective.
SECTION 8. Provides for the review of a curfew ordinance
adopted before the effective
date of this Act.
SECTION 9. Emergency clause (SECTION 3, SB 433).
SUMMARY OF COMMITTEE ACTION
On 29 March 1995, the committee, having considered the companion
bill, HB 743, in a public hearing on 15 February 1995, considered
SB 433. The committee considered a complete substitute for the
bill which was adopted without objection. SB 433 was reported
favorably as substituted with the recommendation that it do pass
and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv and 3
absent.