By:  Ellis                                             S.B. No. 433
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the authority of a county to establish a juvenile
    1-2  curfew in all areas of the county; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The chapter heading of Chapter 370, Local
    1-5  Government Code, is amended to read as follows:
    1-6   CHAPTER 370.  MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
    1-7                    COUNTY HEALTH AND PUBLIC SAFETY
    1-8        SECTION 2.  Chapter 370, Local Government Code, is amended by
    1-9  adding Section 370.002 to read as follows:
   1-10        Sec. 370.002.  JUVENILE CURFEW.  (a)  To provide for the
   1-11  public safety, the commissioners court of a county by order may
   1-12  adopt a curfew to regulate the movements or actions of persons
   1-13  under 17 years of age.
   1-14        (b)  This authority includes the authority to:
   1-15              (1)  establish the hours of the curfew, including
   1-16  different hours for different days of the week;
   1-17              (2)  apply different curfew hours to different age
   1-18  groups of juveniles;
   1-19              (3)  describe the kinds of conduct subject to the
   1-20  curfew;
   1-21              (4)  determine the locations to which the curfew
   1-22  applies;
   1-23              (5)  determine which persons incur liability if a
   1-24  violation of the curfew occurs;
    2-1              (6)  prescribe procedures a police officer or other
    2-2  person must follow in enforcing the curfew; and
    2-3              (7)  establish exemptions from the curfew.
    2-4        (c)  The order does not apply inside the limits of a
    2-5  municipality unless:
    2-6              (1)  the municipality finds that the order is necessary
    2-7  for the public safety of the municipality and adopts an ordinance
    2-8  approving the application of the order to the municipality; and
    2-9              (2)  the municipality notifies, in writing, the
   2-10  commissioners court of the adoption of the ordinance.
   2-11        (d)  A person commits an offense if the person violates a
   2-12  restriction or prohibition imposed by an order adopted under this
   2-13  section.
   2-14        (e)  An offense under this section is a Class C misdemeanor.
   2-15  If it is shown on the trial of an offense under this section that
   2-16  the person has previously been convicted of an offense under this
   2-17  section, the offense is a Class B misdemeanor.
   2-18        (f)  This section expires September 1, 1997.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.