Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB1332 by Israel (Relating to the repeal of the authority of political subdivisions to adopt or enforce juvenile curfews.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would repeal provisions of the Code of Criminal Procedure and the Local Government Code allowing for the creation and enforcement of juvenile curfew laws. The bill would prohibit counties and municipalities from adopting or enforcing an order, ordinance, or other measure imposing a curfew to regulate the movements or actions of persons under age 18. The bill clarifies that the prohibition does not extend to a curfew implemented for emergency management.
The bill would repeal a Class C misdemeanor.
According to the Office of Court Administration (OCA), there were 2,647 juvenile curfew violation cases filed in fiscal year 2018. The agency does not have conviction data for the juvenile curfew violation cases. However, OCA assumes that half (1,324) of the cases resulted in a conviction.
Therefore, the fiscal impact to the State would be insignificant.
Local Government Impact
A Class C misdemeanor is punishable by a fine of not more than $500. In addition to the fine, punishment can include up to 180 days of deferred disposition. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact.
According to OCA, no significant fiscal impact to locals courts is anticipated.
According to the Texas Municipal League, the bill would have no significant fiscal impact on cities.
According to Harris County, which currently enforces a curfew order for juveniles under the age of 17 between midnight and 6 AM, the bill, is not expected to have a significant fiscal impact on the county.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council