• David Tewes •
• Originally published January 12, 2009 at 11:34 p.m., updated January 12, 2009 at 11:34 p.m.

There will be no countywide juvenile curfew for Victoria County, despite a school board member's request to the commissioners court Monday.

John Ellsworth, who serves on the Bloomington school board, made the request, hoping it would curb truancy and crime.

"Back in the early '90s when the city (of Victoria) passed a curfew, truancy was cut in half," said Ellsworth, speaking for himself and not the school board. "I think juvenile crime was also cut in half."

But County Judge Don Pozzi said in general the commissioners court can only pass ordinances or enforce laws when the Texas Legislature provides that authority.

"So far as I know, this county does not have the power to impose the curfew you are talking about," he said.

A few hours later, Pozzi found a 1988 opinion from then state Attorney General Jim Mattox confirming that. The opinion was issued after Abelardo Garza, the Duval County attorney, asked if that county could adopt a juvenile curfew for minors on public property.

The opinion states that the county is prohibited from adopting the curfew even though it desired to promote the safety and general welfare of the community.

Ellsworth said after the meeting that truancy is not a big problem for Bloomington.

"But for a small school district, it is a problem," he said. "Two or three children in Bloomington is like 20 children in Victoria."

Having the curfew would allow law enforcement to question juveniles on the streets during the curfew hours, he said. "Right now, with no curfew, they can't do anything with them."

• The city of Victoria's juvenile curfew prohibits anyone younger than 17 from being on the streets from 9 a.m. to 3 p.m. on weekdays when school is in session.

  It also applies from 12:01 a.m. to 6 a.m. on weekdays ...

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The city of Victoria's juvenile curfew prohibits anyone younger than 17 from being on the streets from 9 a.m. to 3 p.m. on weekdays when school is in session.

It also applies from 12:01 a.m. to 6 a.m. on weekdays and from 1:01 a.m. to 6 a.m. on Saturdays and Sundays.

Defenses to prosecution include such things as going to and from work, emergencies and attending official school functions.

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