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.