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home : Legislative Session : HB 1886

 

House Bill 1886

by State Representative Robert Miklos

Enforcement of a Juvenile Curfew Ordinance

 

Read House Bill 1886.

 

Talking Points

 

5-21-09

Coping with Daytime Curfews

The Dallas City Council recently followed the city of Houston in adopting a daytime curfew. In spite of assurances that enforcement would not begin until the fall, we received a report from a home school mom whose eleven-year-old child was stopped by a Dallas police officer and asked why he was not in school. When the child explained that he was homeschooled and his school year was ended, the police officer instructed him to "go home." This is just one example of how this curfew will impact home school families.

5-11-09 Article from the Houston Chronicle: Targeting Juveniles - Youths aren't the only ones opposing curfews
5-05-09

Victory over Daytime Curfew Bill - We Think

The battle against daytime curfews has continued to take many forms over the last few years. We have opposed HB 1886 since early spring because it would expand the possibilities of daytime curfews in Texas. We opposed the bill in the Urban Affairs Committee; it passed. We opposed it in Calendars Committee, and it was finally brought to the floor last Friday for consideration.

5-02-09

Texas House Battles over Daytime Curfews

HB 1886 by Miklos is a bill requested by the mayor of Balch Springs, which has little or no police force. The bill would allow them to ask the county sheriff and deputies to enforce the city's daytime curfew. It was on the House floor today (Friday, May 1) for a vote. Our good friend Representative Wayne Christian asked if we would support an amendment that would exempt home school students from the bill, and we said, "yes." Unfortunately we did not clarify that while we supported such an amendment, it would neither resolve our concerns nor cause us to support the bill. That caused confusion and put him in a difficult position. Representative Miklos accepted the amendment on the second reading, and the bill passed as most of the House members believed our concerns were resolved.

4-15-09

Bedford Battle Moves to the Voting Booth

Freedom-loving people have been fighting the adoption of daytime curfews in cities all over Texas, which we have covered for some time. Bedford has been ground zero since last fall as the city council there adopted the curfew without a public hearing; this week they voted again to keep the curfew in the face of growing opposition from business owners, civil liberty activists, and parents of public, private, and home school students.

3-30-09

The Political Realities of Daytime Curfews

Last week many home schoolers in Dallas and Bedford joined other concerned parents and leaders of the ACLU in rallies protesting the current and proposed daytime curfews in those cities. At a meeting with PEACH (Plano Educational Association of Christian Homeschoolers) in Plano, I heard reports from one mom who reported that 40 home school parents testified against the proposed daytime curfew in a hearing before the Dallas City Council. This mother was surprised that the great number of phone calls from home school parents and testimony to the council did not seem to move the council members to change their position. The same has been true for dozens of parents in Bedford who have publicly opposed the daytime curfew of that city with little results to show for their ongoing efforts since October of 2008.

3-26-09

Daytime Curfew Onslaught Continues

Opponents to current and proposed daytime curfews rallied recently in Dallas and Bedford. The Dallas City Council held a hearing two days later to consider adopting the curfew. Many home schoolers testified against the measure as ineffective and dangerous to the liberty of law abiding citizens. The American Civil Liberties Union (ACLU), a group known for their liberal leanings, is also heavily involved in the battle to stop or roll back daytime curfews.

3-24-09

HB 319 Hearing

A THSC representative testified yesterday at the hearing of HB 319, a bill by State Representative Richard Raymond, that will change the current statute that allows adults to be exempt from jury duty if serving on a jury would cause a child ten years of age or younger to be left alone. The Judiciary Committee hearing was to begin at 2PM, but we did not give testimony on the bill till almost 6:30PM.

3-20-09

Summary of HB 1886 Hearing

House Urban Affairs Committee hears bill that would allow county officers to enforce city daytime curfews...

I left Lubbock on Thursday morning at 6:30AM and was at the Capitol by 8AM. As a courtesy I stopped by the office of Representative Miklos (author of HB 1886) at 8:30 to explain our concerns with his bill. His legislative director was on the phone, and as I waited, I heard him tell someone that they had been receiving lots of calls that started the night before. I found out later that he was speaking with the mayor of Balch Springs who had asked Representative Miklos to carry the bill. I expressed our concerns and left.

3-18-09

Legislature Considers Daytime Curfew Expansion

HB 1886 by State Representative Miklos of Mesquite is an effort to expand daytime curfews by empowering cities that adopt such curfews to have county law officers enforce the city curfews. This is a backdoor approach to adopt daytime curfews by county, which is already allowed by statute. However, instead of county commissioners having to adopt the controversial curfews, which negatively impact home schoolers and minorities, the county law officers can enforce the ordinances of cities which are part of the county.

Daytime curfews are being promoted by cities all over Texas as a means of enforcing compulsory attendance laws, but without the due process built into the compulsory attendance statutes.  Although enforcing compulsory attendance laws is the responsibility of school districts, they are requesting these ordinances to get help from city police, and with the adoption of this bill, the county law officers could also be called upon to enforce city curfew ordinances in their counties.

 

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