By: Hickland H.B. No. 1511       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a political subdivision to adopt or   enforce a juvenile curfew; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 45A.259(i), Code of Criminal Procedure,   is amended to read as follows:          (i)  This article does not limit the authority of a court to   order a child taken into custody under Article 45A.453 or 45A.4555   [45A.455].          SECTION 2.  Subchapter J, Chapter 45A, Code of Criminal   Procedure, is amended by adding Article 45A.4555 to read as   follows:          Art. 45A.4555.  CHILD TAKEN INTO CUSTODY FOR VIOLATION OF   JUVENILE CURFEW OR ORDER.  (a)  In this article, "child" means a   person who is younger than 17 years of age.          (b)  A peace officer taking a child into custody for a   violation of a juvenile curfew ordinance of a municipality or order   of the commissioners court of a county shall, without unnecessary   delay:                (1)  release the child to the child's parent, guardian,   or custodian;                (2)  take the child before a justice or municipal court   to answer the charge; or                (3)  take the child to a place designated as a juvenile   curfew processing office by the head of the law enforcement agency   having custody of the child.          (c)  A juvenile curfew processing office must observe the   following procedures:                (1)  the office must be an unlocked, multipurpose area   that is not designated, set aside, or used as a secure detention   area or part of a secure detention area;                (2)  the child may not be secured physically to a   cuffing rail, chair, desk, or stationary object;                (3)  the child may not be held for a period longer than   is necessary to complete:                      (A)  identification;                      (B)  investigation;                      (C)  processing;                      (D)  release to a parent, guardian, or custodian;   or                      (E)  arrangement of transportation to court;                (4)  the office may not be designated or intended for   residential purposes;                (5)  a peace officer or other individual shall provide   continuous visual supervision of a child while the child is in the   office; and                (6)  a child may not be held in the office for a period   of more than six hours.          (d)  A place designated under this article as a juvenile   curfew processing office is not subject to the approval of the   juvenile board having jurisdiction where the governmental entity is   located.          SECTION 3.  Article 45A.456(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Except as provided by Articles 45A.453, 45A.454, and   45A.4555 [45A.455], an individual may not be taken into secured   custody for offenses alleged to have occurred before the   individual's 17th birthday.          SECTION 4.  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                      (F) [(E)]  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 5.  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 6.  Subchapter Z, Chapter 341, Local Government   Code, is amended by adding Section 341.905 to read as follows:          Sec. 341.905.  JUVENILE CURFEW IN GENERAL-LAW MUNICIPALITY.   (a) To provide for the public safety, the governing body of a   general-law municipality has the same authority to adopt a juvenile   curfew ordinance that a county has under Section 351.903.          (b)  The governing body of a general-law municipality may   adopt by ordinance a juvenile curfew order adopted by the   commissioners court of the county in which any part of the   municipality is located and, except as provided by Subsection (c),   may adapt the order to fit the needs of the municipality.          (c)  The governing body of a general-law municipality may not   adopt an ordinance regulating the movements or actions of persons   under 17 years of age during the period beginning one-half hour   before sunrise and extending until one-half hour after sunset.          (d)  A person commits an offense if the person violates a   restriction or prohibition imposed by an ordinance adopted under   this section.          (e)  An offense under this section is a Class C misdemeanor.          SECTION 7.  Subchapter Z, Chapter 351, Local Government   Code, is amended by adding Section 351.903 to read as follows:          Sec. 351.903.  COUNTY JUVENILE CURFEW. (a) To provide for   the public safety, the commissioners court of a county by order may   adopt a curfew to regulate the movements or actions of persons under   17 years of age during the period beginning one-half hour after   sunset and extending until one-half hour before sunrise. The order   applies only to the unincorporated area of the county.          (b)  The authority under Subsection (a) includes the   authority to:                (1)  establish the hours of the curfew, including   different hours for different days of the week;                (2)  apply different curfew hours to different age   groups of juveniles;                (3)  describe the kinds of conduct subject to the   curfew;                (4)  determine the locations to which the curfew   applies;                (5)  determine which persons incur liability if a   violation of the curfew occurs;                (6)  prescribe procedures, in compliance with Article   45A.4555, Code of Criminal Procedure, a police officer must follow   in enforcing the curfew; and                (7)  establish exemptions to the curfew, including   exemptions for:                      (A)  holidays; and                      (B)  persons going to or from work.          (c)  A person commits an offense if the person violates a   restriction or prohibition imposed by an order adopted under this   section.          (d)  An offense under this section is a Class C misdemeanor.          SECTION 8.  Chapter 370, Local Government Code, is amended   by adding Section 370.002 to read as follows:          Sec. 370.002.  REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.   (a) Before the third anniversary of the date of adoption of a   juvenile curfew ordinance by a general-law municipality or a   home-rule municipality or an order of a county commissioners court,   and every third year after the date of the initial review, the   governing body of the general-law municipality or home-rule   municipality or the commissioners court of the county shall:                (1)  review the ordinance's or order's effects on the   community and on problems the ordinance or order was intended to   remedy;                (2)  conduct public hearings on the need to continue   the ordinance or order; and                (3)  abolish, continue, or modify the ordinance or   order.          (b)  An ordinance or order described by Subsection (a)   expires if the governing body of the general-law municipality or   home-rule municipality or the commissioners court of the county   fails to act in accordance with Subsection (a).          SECTION 9.  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 10.  The following provisions are repealed:                (1)  Article 45A.455, Code of Criminal Procedure; and                (2)  Section 370.007, Local Government Code, as added   by Chapter 425 (H.B. 1819), Acts of the 88th Legislature, Regular   Session, 2023.          SECTION 11.  The changes in law made by this Act apply only   to an offense committed or conduct that occurs on or after the   effective date of this Act.  An offense committed or conduct that   occurred before that date is governed by the law in effect on the   date the offense was committed or the conduct occurred, and the   former law is continued in effect for that purpose.  For purposes of   this section, an offense was committed or conduct occurred before   the effective date of this Act if any element of the offense or   conduct occurred before that date.          SECTION 12.  This Act takes effect September 1, 2025.