In Texas, a city or county may enact a curfew for juveniles by passing a local ordinance. There is no one answer to the question, “What is the curfew in Texas?” because there is no single curfew for minors in the state. Also, not all city councils impose the same hours for juvenile curfews.
Texas curfews for minors may also apply to juveniles of different ages. Some curfews are for minors 16 years of age and under; others for minors 17 and under. A municipality’s curfew notification can be found in its code of ordinances. It is also likely to be on the website for the city or county, usually on a page posted by the police department or sheriff’s office.
Nighttime and School-time Curfews
Generally, a city or county will have both a nighttime and a school-time curfew ordinance. The nighttime curfew sets hours that a child can be out in a public place in the city or county at night, such as between 11:00 p.m. and 6:00 a.m.
The school-time curfew sets hours that a child can be out in a public place in the city or county on weekdays when school is in session, such as between 9:00 a.m. and 2:30 p.m.
Typical Exemptions to Juvenile Curfew
There are a number of circumstances under which a minor will not be in violation of the juvenile curfew. These include situations in which the minor is:
- Accompanied by a parent or guardian.
- Engaged in employment activity such as a job or is going to, or returning home from, an employment activity without a detour or stop.
- Involved in an emergency.
- On an errand at the direction of their parent or guardian without a detour or stop.
- Attending, or traveling to or from, a recreational activity supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor.
- On the sidewalk abutting (next to or sharing a common boundary with) the minor's residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the minor’s presence.
If the minor is issued a citation despite the fact that they have justification for violating the curfew, they can state the justification when they appear in municipal court. They can also bring witnesses to testify in court.
Examples of Texas Juvenile Curfew Ordinances
City of Houston
It is unlawful for a minor under the age of 17 to be in a public place in the city between 11 p.m. and 6:00 a.m. of the following day between Sunday through Thursday.
It is further unlawful for a minor under the age of 17 to be in a public place in the city between 12 a.m. and 6:00 a.m. on Friday and Saturday. It is unlawful for a minor to be in a public place in the city between 9:00 a.m. and 2:30 p.m. every weekday.
City of Dallas
It is unlawful for a minor under the age of 17 to be in a public place in the city between 11 p.m. and 6:00 a.m. of the following day between Sunday through Thursday.
It is further unlawful for a minor under the age of 17 to be in a public place in the city between 12:01 a.m. and 6:00 a.m. on Saturday and Sunday. It is unlawful for a minor to be in a public place in the city between 9:00 a.m. and 2:30 p.m. every weekday.
City of San Antonio
It is unlawful for a minor under the age of 17 to be in a public place in the city between 11 a.m. and 6:00 a.m. on any day. It is further unlawful for a minor under the age of 17 to be in a public place in the city between 9:00 a.m. and 2:30 p.m. every weekday that is a school day.
City of Leander
It is unlawful for a minor under the age of 17 to be in a public place in the city between 12:01 a.m. and 6:00 a.m. Monday through Friday. It is further unlawful for a minor under the age of 17 to be in a public place in the city between 1:00 a.m. and 6:00 a.m. Saturday through Sunday.
City of Dallas | City of Houston | City of San Antonio | |
|---|---|---|---|
| Curfew applies to | Youth under the age of 17 | Youth under the age of 17 | Youth under the age of 17, or older than 17 and under 18, who have committed a delinquent act before the age of 17 |
| Nighttime hours | Youth may not be in public places between 11:00 p.m. and 6:00 a.m. of the following day Sunday through Thursday and 12:01 a.m. and 6:00 a.m. Saturday and Sunday. | Youth may not be in public places between 11:00 p.m. and 6:00 a.m. of the following day Sunday through Thursday and 12:00 a.m. and 6:00 a.m. Friday and Saturday. | Youth may not be in public places between 11:00 p.m. and 6:00 a.m. |
| School-time hours | Youth may not be in public places between 9:00 a.m. and 2:30 p.m. Monday through Friday. | Youth may not be in public places between 9:00 a.m. and 2:30 p.m. Monday through Friday. | Youth may not be in public places between 9:00 a.m. and 2:30 p.m. Monday through Friday on school days. |
Consequences for Violation of the Curfew
A minor who violates a juvenile curfew can be detained by a police officer. The city or county may call the minor’s parents and/or legal guardian to respond and take custody of them.
The minor may be issued a citation that requires their appearance in municipal court, and their parent or guardian must also appear in court. If the minor is found to have violated the curfew, the municipal court judge can impose a fine, probation or community service.
A parent or guardian whose child has violated the curfew can also be detained by law enforcement. They will be required to respond and take custody of a minor who has violated the curfew. If the parent or guardian allowed the child to violate the curfew, they may be issued a citation that requires their appearance in municipal court.
Violation by a Parent or Guardian of a Minor
If the parent or guardian has violated the rule, the municipal court judge may impose a fine, probation or community service. The owner, operator or any employee of an establishment commits an offense if they knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
For example, a video game arcade that allowed minors to remain on the premises during school hours would be found to have violated the municipal ordinance.
Minors on Juvenile Probation
A minor who is on juvenile probation for a delinquent act may be required to abide by a certain curfew in accordance with the terms of their probation. This curfew may be the same as the curfew in the local ordinance, but it could also vary in correlation with the individual’s offense and particular restrictions.
Consequences of violating juvenile probation include being detained in the custody of the state at a detention center, a fine, community service and an extended period of probation.
References
Writer Bio
Jessica Zimmer is a journalist and attorney based in northern California. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law.