§ 54.079. Defenses.

(a)

It is a defense to prosecution under section 54.078 that the minor was:

(1)

Accompanied by the minor's parent;

(2)

On an errand that was reasonably necessary, in that an adult was unable or unavailable to perform the errand; the errand could not be postponed until after curfew hours; the errand was at the direction of the minor's parent; and the minor was using a direct route;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to a peace officer about the minor's presence;

(7)

Attending an official school or religious activity or returning home by a direct route from an official school or religious activity;

(8)

Exercising First Amendment rights protected by the United States Constitution, the free exercise of religion, freedom of speech and the right of assembly;

(9)

Married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31; or

(10)

Carrying a valid college identification card identifying the minor as a college student.

(b)

It is a defense to prosecution under section 54.078 with respect to the curfew hours described in subsection (3) of the definition of curfew hours in section 54.076 that:

(1)

The minor was a high school graduate or has equivalent certification;

(2)

The minor was on an excused absence from his place of schooling; or

(3)

The minor's school was not in session.

(Ord. No. 1994-68, § 1 (16-82), 8-22-94; Ord. No. 2001-38, § 1, 5-21-01; Ord. No. 2004-21, 5-10-04; Ord. No. 2009-28, § 1, 6-2-09; Ord. No. 2012-16, § 2, 4-3-12; Ord. No. 2015-13, § 2, 4-21-15 )