Texas Statewide Rule
Texas Bans Local Juvenile Curfews Statewide
Key Facts
- Authority
- HB 1819 (2023)
- Code section
- Local Gov't Code 370.008
- Effective date
- September 1, 2023
- Existing curfews
- All voided
- Truancy laws
- Still apply separately
Summary
Texas HB 1819 (88th Legislature, 2023), codified at Local Government Code 370.008 (originally 370.007), prohibits all Texas municipalities and counties from adopting or enforcing juvenile curfew ordinances. Existing local curfews became unenforceable across Texas on September 1, 2023.
Sec. 370.008. 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.
Full Breakdown
Effective September 1, 2023, HB 1819 prohibits any general-applicability juvenile curfew ordinance by a county, municipality, or other political subdivision. The prohibition, now codified at Local Government Code 370.008, also repealed the statutes that had authorized local curfews (Local Government Code 341.905, 351.903, and 370.002), making every preexisting curfew in cities like Dallas, Fort Worth, Houston, San Antonio, and Austin unenforceable. Police can no longer detain or cite minors solely for being out past a set hour. Localities retain authority to enforce truancy laws under Education Code Chapter 25, trespass and loitering rules, and emergency curfews under Government Code Chapter 418. Courts had to dismiss pending juvenile curfew citations.
Violations & Penalties
A minor cannot be cited or detained for a curfew violation in Texas. Officers or municipalities continuing to enforce a void curfew ordinance face civil rights claims and dismissal of any related charges.
Frequently Asked Questions
Are juvenile curfews legal anywhere in Texas?
Can my teen still be cited for being out late in Texas?
What about emergency curfews after a disaster?
Sources
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