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.