By Duncan                                              H.B. No. 886
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a municipality to staff, operate and
    1-3  provide for a temporary processing facility for juveniles taken
    1-4  into custody under provisions of municipal curfew ordinances.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 3, Family Code, is amended by adding
    1-7  Section 51.035 to read as follows:
    1-8        Sec. 51.035.  DESIGNATION OF CURFEW PROCESSING FACILITY.  (a)
    1-9  Notwithstanding any other provision of this Title, a municipality
   1-10  may take a child into custody for violation of a municipal curfew
   1-11  ordinance.
   1-12        (b)  A child taken into custody by a municipality pursuant to
   1-13  this section may be held in a curfew processing facility staffed by
   1-14  a municipal police officer.
   1-15        (c)  A municipality may operate such a curfew processing
   1-16  facility for the purpose of providing a safe temporary facility for
   1-17  holding a child until such time as the child may be released to a
   1-18  parent, guardian, custodian of the child or other responsible
   1-19  adult.  In no event shall a child be held for more than six (6)
   1-20  hours in such facility.
   1-21        (d)  A jail cell or a holding facility for other detentions
   1-22  other than those under this section may not be used for juvenile
   1-23  curfew processing.
    2-1        (e)  Operation of such a curfew processing facility by a
    2-2  municipality shall be a governmental function of said municipality
    2-3  and approval of such a facility shall not require approval of the
    2-4  County Juvenile Board.
    2-5        (f)  Operation of such a facility by a municipality prior to
    2-6  final passage and approval of this legislation is hereby ratified
    2-7  and approved.
    2-8        SECTION 2.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.