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.