BILL ANALYSIS


                                                         S.B. 433
                                                        By: Ellis
                                      Intergovernmental Relations
                                                          2-23-95
                                     Committee Report (Unamended)
BACKGROUND

In response to concerns over juvenile justice, many cities have
enacted curfews to curtail the activities of minors.  Counties lack
ordinance authority to adopt similar curfews.  
     
PURPOSE

As proposed, S.B. 433 authorizes a commissioners court to establish
a juvenile curfew in all areas of the county; provides a penalty
for violations of the curfew.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. 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 2. Amends Chapter 370, Local Government Code, by adding
Section 370.002, as follows:

     Sec. 370.002.  JUVENILE CURFEW.  (a)  Authorizes the
     commissioners court of a county to adopt by order a curfew to
     regulate the movements or actions of persons under 17 years of
     age.
     
     (b)  Sets forth the range of authority for the commissioners
       court in setting curfews.
       
       (c)  Provides that the order does not apply inside the
       limits of a municipality unless the municipality adopts an
       ordinance approving the application of the order to the
       municipality and notifies the commissioners court of the
       adoption of the ordinance.
       
       (d)  Provides that a person commits an offense if the person
       violates a restriction or prohibition imposed by an order
       adopted under this section.
       
       (e)  Provides that an offense under this section is a Class
       C misdemeanor.  Provides that if it is shown on the trial
       the person has previously been convicted of an offense under
       this section, the offense is a Class B misdemeanor.
SECTION 3. Emergency clause.
           Effective date: upon passage.