76R13421 PAM-D                           
         By Isett                                              H.B. No. 2289
         Substitute the following for H.B. No. 2289:
         By Isett                                          C.S.H.B. No. 2289
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to enforcement of juvenile curfews in municipalities and
 1-3     counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 341.905, Local Government Code, is
 1-6     amended by amending Subsection (d) and adding Subsection (e) to
 1-7     read as follows:
 1-8           (d)  An offense under this section is a Class C misdemeanor.
 1-9     If a peace officer charges a juvenile with a  violation of a
1-10     restriction or prohibition imposed during school hours by an
1-11     ordinance under this section, the peace officer, instead of taking
1-12     the juvenile before a magistrate or otherwise taking the juvenile
1-13     into custody, shall issue a citation to the juvenile that contains
1-14     written notice of the time and place the juvenile must appear
1-15     before the magistrate, the name and address of the juvenile
1-16     charged, and the offense charged.
1-17           (e)  It is an exception to the application of a restriction
1-18     or prohibition imposed during school hours on a juvenile by an
1-19     ordinance under this section that the juvenile is a student who
1-20     attends private school.
1-21           SECTION 2.  Subchapter Z, Chapter 341, Local Government Code,
1-22     is amended by adding Section 341.906 to read as follows:
1-23           Sec. 341.906.  JUVENILE CURFEW DURING SCHOOL HOURS IN
1-24     HOME-RULE MUNICIPALITY.  (a)  This section applies only to a
 2-1     home-rule municipality that by ordinance adopts a curfew to
 2-2     regulate the movements or actions of persons under 17 years of age
 2-3     during school hours.
 2-4           (b)  If a peace officer charges a juvenile with a  violation
 2-5     of a restriction or prohibition imposed by an ordinance described
 2-6     by Subsection (a), the peace officer, instead of taking the
 2-7     juvenile before a magistrate or otherwise taking the juvenile into
 2-8     custody, shall issue a citation to the juvenile that contains
 2-9     written notice of the time and place the juvenile must appear
2-10     before the magistrate, the name and address of the juvenile
2-11     charged, and the offense charged.
2-12           (c)  It is an exception to the application of a restriction
2-13     or prohibition imposed on a juvenile by an ordinance described by
2-14     Subsection (a) that the juvenile is a student who attends private
2-15     school.
2-16           SECTION 3.  Section 351.903, Local Government Code, is
2-17     amended by amending Subsection (d) and adding Subsection (e) to
2-18     read as follows:
2-19           (d)  An offense under this section is a Class C misdemeanor.
2-20     If a peace officer charges a juvenile with a  violation of a
2-21     restriction or prohibition imposed during school hours by an order
2-22     under this section, the peace officer, instead of taking the
2-23     juvenile before a magistrate or otherwise taking the juvenile into
2-24     custody, shall issue a citation to the juvenile that contains
2-25     written notice of the time and place the juvenile must appear
2-26     before the magistrate, the name and address of the juvenile
2-27     charged, and the offense charged.
 3-1           (e)  It is an exception to the application of a restriction
 3-2     or prohibition imposed during school hours on a juvenile by an
 3-3     order under this section that the juvenile is a student who attends
 3-4     private school.
 3-5           SECTION 4.  (a)  The changes in law made by this Act by the
 3-6     amendment or addition of Sections 341.905, 341.906, and 351.903,
 3-7     Local Government Code, apply only to an offense committed on or
 3-8     after the effective date of this Act.  For purposes of this
 3-9     section, an offense is committed on or after the effective date of
3-10     this Act only if each element of the offense is committed on or
3-11     after the effective date.
3-12           (b)  An offense committed before the effective date of this
3-13     Act is governed by the law in effect when the offense was
3-14     committed, and the former law is continued in effect for that
3-15     purpose.
3-16           SECTION 5.  The importance of this legislation and the
3-17     crowded condition of the calendars in both houses create an
3-18     emergency and an imperative public necessity that the
3-19     constitutional rule requiring bills to be read on three several
3-20     days in each house be suspended, and this rule is hereby suspended.