Under current Texas juvenile curfew law, no city or county in the state can adopt or enforce a curfew on anyone under 18. House Bill 1819 took effect on September 1, 2023, and any curfew ordinance that Houston, Dallas, San Antonio, Fort Worth, or any other Texas municipality had on the books is now unenforceable. The only remaining exception is a temporary curfew imposed during a declared emergency.
What the Statute Says
Texas Local Government Code Section 370.008 states that no political subdivision may adopt or enforce any order, ordinance, or other measure imposing a curfew on people younger than 18.1State of Texas. Texas Code Local Government Code 370.008 – Juvenile Curfews Prohibited That applies to every city, county, and local government entity in Texas, whether or not the locality had a curfew before the ban.
HB 1819 also repealed the statutes that had previously authorized these ordinances, including former Section 370.002 of the Local Government Code, former Section 351.903 (which had authorized county juvenile curfews), and Article 45.059 of the Code of Criminal Procedure.2Texas Legislature Online. HB 1819 – Enrolled Version The legal framework for local juvenile curfews in Texas no longer exists.
If a teenager is out at 2:00 AM and commits no other offense, that is no longer a basis for a citation anywhere in Texas.
The Emergency Exception
The ban has one narrow carveout: curfews imposed under Chapter 418 of the Texas Government Code for emergency management purposes.1State of Texas. Texas Code Local Government Code 370.008 – Juvenile Curfews Prohibited During a declared disaster or emergency, such as a hurricane, severe flooding, or civil unrest, local officials can impose temporary curfews that apply to everyone, minors included. These are tied to a specific threat rather than to ongoing crime-prevention goals, and they are not targeted at juveniles.
Outside of a declared emergency, no Texas city or county has authority to restrict when a minor can be in a public place based on the time of day.
Pending Cases and Old Convictions
HB 1819 included transition provisions for cases still in the system when the ban took effect. Any curfew violation that had not resulted in a final conviction or adjudication could no longer be prosecuted after September 1, 2023. Pending criminal or civil cases for curfew violations had to be dismissed automatically.2Texas Legislature Online. HB 1819 – Enrolled Version
Final convictions were not retroactively erased. If a minor was convicted and the case fully resolved before September 1, 2023, that conviction remains on record. Removing it means pursuing expunction or record sealing through the standard processes available under Texas law for juvenile and Class C misdemeanor offenses.
Other Laws That Still Apply to Minors at Night
The end of juvenile curfews does not mean minors face no legal consequences for nighttime behavior. Texas still enforces laws on truancy, trespassing, disorderly conduct, and public intoxication by minors, all of which can apply regardless of the hour. Parents can still face scrutiny if a pattern of unsupervised behavior suggests neglect. Schools retain authority to address truancy through their own processes.
What the repeal did was strip cities and counties of the power to restrict a minor’s movement based on time alone. Every other area of juvenile law is unchanged. A police officer who sees a teenager out late still has all the tools the officer had before, minus one: the curfew citation itself.