1-1  By:  Ellis                                             S.B. No. 433
    1-2        (In the Senate - Filed February 3, 1995; February 6, 1995,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; February 22, 1995, reported favorably by the following
    1-5  vote:  Yeas 11, Nays 0; February 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the authority of a county to establish a juvenile
    1-9  curfew in all areas of the county; providing penalties.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  The chapter heading of Chapter 370, Local
   1-12  Government Code, is amended to read as follows:
   1-13   CHAPTER 370.  MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
   1-14                    COUNTY HEALTH AND PUBLIC SAFETY
   1-15        SECTION 2.  Chapter 370, Local Government Code, is amended by
   1-16  adding Section 370.002 to read as follows:
   1-17        Sec. 370.002.  JUVENILE CURFEW.  (a)  To provide for the
   1-18  public safety, the commissioners court of a county by order may
   1-19  adopt a curfew to regulate the movements or actions of persons
   1-20  under 17 years of age.
   1-21        (b)  This authority includes the authority to:
   1-22              (1)  establish the hours of the curfew, including
   1-23  different hours for different days of the week;
   1-24              (2)  apply different curfew hours to different age
   1-25  groups of juveniles;
   1-26              (3)  describe the kinds of conduct subject to the
   1-27  curfew;
   1-28              (4)  determine the locations to which the curfew
   1-29  applies;
   1-30              (5)  determine which persons incur liability if a
   1-31  violation of the curfew occurs;
   1-32              (6)  prescribe procedures a police officer or other
   1-33  person must follow in enforcing the curfew; and
   1-34              (7)  establish exemptions from the curfew.
   1-35        (c)  The order does not apply inside the limits of a
   1-36  municipality unless:
   1-37              (1)  the municipality finds that the order is necessary
   1-38  for the public safety of the municipality and adopts an ordinance
   1-39  approving the application of the order to the municipality; and
   1-40              (2)  the municipality notifies, in writing, the
   1-41  commissioners court of the adoption of the ordinance.
   1-42        (d)  A person commits an offense if the person violates a
   1-43  restriction or prohibition imposed by an order adopted under this
   1-44  section.
   1-45        (e)  An offense under this section is a Class C misdemeanor.
   1-46  If it is shown on the trial of an offense under this section that
   1-47  the person has previously been convicted of an offense under this
   1-48  section, the offense is a Class B misdemeanor.
   1-49        SECTION 3.  The importance of this legislation and the
   1-50  crowded condition of the calendars in both houses create an
   1-51  emergency and an imperative public necessity that the
   1-52  constitutional rule requiring bills to be read on three several
   1-53  days in each house be suspended, and this rule is hereby suspended,
   1-54  and that this Act take effect and be in force from and after its
   1-55  passage, and it is so enacted.
   1-56                               * * * * *