H.B. No. 1819
AN ACT
relating to the repeal of the authority of political subdivisions
to adopt or enforce juvenile curfews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.045(c), Code of Criminal Procedure,
is amended to read as follows:
(c) This article does not limit the authority of a court to
order a child taken into custody under Article 45.058 [or 45.059].
SECTION 2. Article 45.060(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as provided by Article [Articles] 45.058 [and
45.059], an individual may not be taken into secured custody for
offenses alleged to have occurred before the individual's 17th
birthday.
SECTION 3. Section 51.02(15), Family Code, is amended to
read as follows:
(15) "Status offender" means a child who is accused,
adjudicated, or convicted for conduct that would not, under state
law, be a crime if committed by an adult, including:
(A) running away from home under Section
51.03(b)(2);
(B) a fineable only offense under Section
51.03(b)(1) transferred to the juvenile court under Section
51.08(b), but only if the conduct constituting the offense would
not have been criminal if engaged in by an adult;
(C) a violation of standards of student conduct
as described by Section 51.03(b)(4);
(D) [a violation of a juvenile curfew ordinance
or order;
[(E)] a violation of a provision of the Alcoholic
Beverage Code applicable to minors only; or
(E) [(F)] a violation of any other fineable only
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
conduct constituting the offense would not have been criminal if
engaged in by an adult.
SECTION 4. Section 38.003(a), Government Code, is amended
to read as follows:
(a) The judge of a county, justice, or municipal court, in
accordance with Section 38.002, may award money from a judicial
donation trust fund established under Section 38.001 to eligible
children or families who appear before the court for a truancy [or
curfew] violation or in another misdemeanor offense proceeding
before the court.
SECTION 5. Section 71.0352, Government Code, is amended to
read as follows:
Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
TRUANCY COURTS. As a component of the official monthly report
submitted to the Office of Court Administration of the Texas
Judicial System:
(1) a justice court, municipal court, or truancy court
shall report the number of cases filed for:
(A) truant conduct under Section 65.003(a),
Family Code; and
(B) the offense of parent contributing to
nonattendance under Section 25.093, Education Code; and
[(C) a violation of a local daytime curfew
ordinance adopted under Section 341.905 or 351.903, Local
Government Code; and]
(2) in cases in which a child fails to obey an order of
a justice court, municipal court, or truancy court under
circumstances that would constitute contempt of court, the justice
court, municipal court, or truancy court shall report the number of
incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct as provided by Article 45.050(c)(1), Code of
Criminal Procedure, or Section 65.251, Family Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45.050(c)(2), Code of Criminal
Procedure, or Section 65.251, Family Code.
SECTION 6. Chapter 370, Local Government Code, is amended
by adding Section 370.007 to read as follows:
Sec. 370.007. JUVENILE CURFEWS PROHIBITED. (a)
Notwithstanding any other law, a political subdivision may not
adopt or enforce an order, ordinance, or other measure that imposes
a curfew to regulate the movements or actions of persons younger
than 18 years of age.
(b) This section does not apply to a curfew implemented
under Chapter 418, Government Code, for purposes of emergency
management.
SECTION 7. Section 8.07(e), Penal Code, is amended to read
as follows:
(e) A person who is at least 10 years of age but younger than
15 years of age is presumed incapable of committing an offense
described by Subsection (a)(4) or (5)[, other than an offense under
a juvenile curfew ordinance or order]. This presumption may be
refuted if the prosecution proves to the court by a preponderance of
the evidence that the actor had sufficient capacity to understand
that the conduct engaged in was wrong at the time the conduct was
engaged in. The prosecution is not required to prove that the actor
at the time of engaging in the conduct knew that the act was a
criminal offense or knew the legal consequences of the offense.
SECTION 8. The following provisions are repealed:
(1) Article 45.059, Code of Criminal Procedure;
(2) Section 341.905, Local Government Code;
(3) Section 351.903, Local Government Code; and
(4) Section 370.002, Local Government Code.
SECTION 9. A violation of a juvenile curfew ordinance or
order may not be prosecuted or adjudicated after the effective date
of this Act. If on the effective date of this Act a criminal or
civil action is pending for a violation of a juvenile curfew
ordinance or order, the action is dismissed on that date. However,
a final conviction or adjudication for a violation of a juvenile
curfew ordinance or order that exists on the effective date of this
Act is unaffected by this Act.
SECTION 10. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1819 was passed by the House on May 4,
2023, by the following vote: Yeas 114, Nays 28, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1819 was passed by the Senate on May
17, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor