Texas 2023 - 88th Regular

Texas House Bill HB1819

Filed
2/3/23  
Out of House Committee
4/11/23  
Voted on by House
5/4/23  
Out of Senate Committee
5/10/23  
Voted on by Senate
5/17/23  
Governor Action
6/9/23  

Caption

Relating to the repeal of the authority of political subdivisions to adopt or enforce juvenile curfews.

Impact

If enacted, HB 1819 would significantly modify local governance capabilities regarding curfew enforcement, eliminating the legal basis for cities and towns to regulate minor movements after certain hours. This change is anticipated to provide families with greater autonomy regarding their children's activities and limit the potential for youths to be penalized for simply being out in public during curfew hours. The impact of this bill would resonate across various local policies and could enhance parental rights over decisions regarding their children's public presence.

Summary

House Bill 1819 aims to repeal the authority of political subdivisions in Texas to adopt or enforce juvenile curfews, which currently allow cities to restrict the public activities of minors during certain hours. The bill is grounded in the argument that local curfew ordinances are ineffective in reducing crime rates and often lead to unnecessary criminalization of youth. Proponents, including organizations advocating for family and youth rights, contend that such curfews impose undue burden on families and negatively influence the lives of minors by involving them in the adult criminal justice system for non-criminal behavior.

Sentiment

The sentiment surrounding HB 1819 appears to be largely supportive among advocates for youth and family rights, who argue for individual liberties and the necessity of parental authority in deciding when their children can be in public. However, there is also a concern regarding public safety and the perceived need for local authorities to maintain order. Critics argue that without curfews, there may be an uptick in juvenile crime or disturbances during late hours, reflecting a divide between those prioritizing local governance and community standards versus those emphasizing individual rights.

Contention

Notable points of contention include the balance between local control and state authority, as supporters advocate for more state-level intervention in the interest of protecting youth rights, while opponents may argue this undermines the ability of local governments to address specific community needs. Furthermore, discussions have highlighted the potential ramifications for local policing practices, as removing such ordinances could shift how law enforcement engages with youth in public spaces, raising questions about the overall effectiveness and intentions behind such curfew laws.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 45. Justice And Municipal Courts
    • Section: 045
    • Section: New Section
    • Section: 045
    • Section: New Section
    • Section: New Section
    • Section: 045
    • Section: New Section
    • Section: 045
    • Section: New Section

Family Code

  • Chapter 51. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 38. Judicial Donation Trust Funds
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 71. Texas Judicial Council
    • Section: 0352
    • Section: 0352
    • Section: 0352
    • Section: 0352

Local Government Code

  • Chapter 370. Miscellaneous Provisions Relating To Health And Public Safety Of More Than One Type Of Local Government
    • Section: 007
    • Section: 007
    • Section: 007
    • Section: 007
    • Section: 007

Penal Code

  • Chapter 8. General Defenses To Criminal Responsibility
    • Section: 07
    • Section: 07
    • Section: 07
    • Section: 07

Companion Bills

TX SB603

Identical Relating to the repeal of the authority of political subdivisions to adopt or enforce juvenile curfews.

Similar Bills

No similar bills found.