By Rangel, Kamel, De La Garza, Gray                    H.B. No. 758
       74R4213 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a county to establish a juvenile
    1-3  curfew in all areas of the county; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The heading of Chapter 370, Local Government
    1-6  Code, is amended to read as follows:
    1-7   CHAPTER 370.  MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
    1-8                    COUNTY HEALTH AND PUBLIC SAFETY
    1-9        SECTION 2.  Chapter 370, Local Government Code, is amended by
   1-10  adding Section 370.002 to read as follows:
   1-11        Sec. 370.002.  JUVENILE CURFEW.  (a)  To provide for the
   1-12  public safety, the commissioners court of a county by order may
   1-13  adopt a curfew to regulate the movements or actions of persons
   1-14  under 17 years of age.
   1-15        (b)  This authority includes the authority to:
   1-16              (1)  establish the hours of the curfew, including
   1-17  different hours for different days of the week;
   1-18              (2)  apply different curfew hours to different age
   1-19  groups of juveniles and apply different curfew restrictions or
   1-20  prohibitions during daylight or nighttime hours;
   1-21              (3)  describe the kinds of conduct subject to the
   1-22  curfew;
   1-23              (4)  determine the locations to which the curfew
   1-24  applies;
    2-1              (5)  determine which persons incur liability if a
    2-2  violation of the curfew occurs;
    2-3              (6)  prescribe procedures a police officer or other
    2-4  person must follow in enforcing the curfew; and
    2-5              (7)  establish exemptions from the curfew.
    2-6        (c)  The order does not apply inside the limits of a
    2-7  municipality unless:
    2-8              (1)  the municipality finds that the order is necessary
    2-9  for the public safety of the municipality and adopts an ordinance
   2-10  approving the application of the order to the municipality; and
   2-11              (2)  the municipality notifies, in writing, the
   2-12  commissioners court of the adoption of the ordinance.
   2-13        (d)  A person commits an offense if the person violates a
   2-14  restriction or prohibition imposed by an order adopted under this
   2-15  section.
   2-16        (e)  An offense under this section is a Class C misdemeanor.
   2-17  If it is shown on the trial of an offense under this section that
   2-18  the person has previously been convicted of an offense under this
   2-19  section, the offense is a Class B misdemeanor.
   2-20        (f)  A county is entitled to appropriate injunctive relief to
   2-21  prevent a violation of a restriction or prohibition adopted under
   2-22  this section from continuing or occurring.
   2-23        SECTION 3.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.