By: Ellis S.B. No. 939
73R5435 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the employment of children; providing criminal and
1-3 administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 531, Acts of the 67th Legislature,
1-6 Regular Session, 1981 (Article 5181.1, Vernon's Texas Civil
1-7 Statutes), is amended by adding Section 4.5 to read as follows:
1-8 Sec. 4.5. DATA COLLECTION SYSTEM. (a) The commission, in
1-9 cooperation with the Texas Department of Human Services, shall
1-10 develop and maintain a data collection system regarding children in
1-11 the workplace.
1-12 (b) The commission by rule may require employers to provide
1-13 information as necessary to operate the data collection system.
1-14 (c) The data collection system must maintain information
1-15 relating to:
1-16 (1) types of occupations in which children are
1-17 commonly employed;
1-18 (2) how often children are employed and the number of
1-19 hours of work usually performed by children; and
1-20 (3) how often children are injured in the course and
1-21 scope of their employment.
1-22 SECTION 2. Section 12, Chapter 531, Acts of the 67th
1-23 Legislature, Regular Session, 1981 (Article 5181.1, Vernon's Texas
1-24 Civil Statutes), is amended to read as follows:
2-1 Sec. 12. PENALTY. An offense under this Act is a Class A
2-2 <C> misdemeanor.
2-3 SECTION 3. Chapter 531, Acts of the 67th Legislature,
2-4 Regular Session, 1981 (Article 5181.1, Vernon's Texas Civil
2-5 Statutes), is amended by adding Section 13 to read as follows:
2-6 Sec. 13. ADMINISTRATIVE PENALTY. (a) If the commission
2-7 determines that a person who employs a child has violated this Act
2-8 or a rule adopted under this Act, the commission may assess an
2-9 administrative penalty against that person as provided by this
2-10 section.
2-11 (b) The commission may assess the administrative penalty in
2-12 an amount not to exceed $1,000. In determining the amount of the
2-13 penalty, the commission shall consider the seriousness of the
2-14 violation.
2-15 (c) If, after examination of a possible violation and the
2-16 facts relating to that possible violation, the commission
2-17 determines that a violation has occurred, the commission shall
2-18 issue a preliminary report that states the facts on which the
2-19 conclusion is based, the fact that an administrative penalty is to
2-20 be imposed, and the amount to be assessed. Not later than the 10th
2-21 day after the date on which the commission issues the preliminary
2-22 report, the commission shall send a copy of the report to the
2-23 person charged with the violation, together with a statement of the
2-24 right of the person to a hearing relating to the alleged violation
2-25 and the amount of the penalty.
2-26 (d) Not later than the 20th day after the date on which the
2-27 report is sent, the person charged either may make a written
3-1 request for a hearing or may remit the amount of the administrative
3-2 penalty to the commission. Failure either to request a hearing or
3-3 to remit the amount of the administrative penalty within the time
3-4 provided by this subsection results in a waiver of a right to a
3-5 hearing under this Act. If the person charged requests a hearing,
3-6 the hearing shall be conducted in the manner provided for a
3-7 contested case hearing under the Administrative Procedure and Texas
3-8 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). If
3-9 it is determined after hearing that the person has committed the
3-10 alleged violation, the commission shall give written notice to the
3-11 person of the findings established by the hearing and the amount of
3-12 the penalty and shall enter an order requiring the person to pay
3-13 the penalty.
3-14 (e) Not later than the 30th day after the date on which the
3-15 notice is received, the person charged shall pay the administrative
3-16 penalty in full, or, if the person wishes to contest either the
3-17 amount of the penalty or the fact of the violation, forward the
3-18 assessed amount to the commission for deposit in an escrow account.
3-19 If, after judicial review, it is determined that no violation
3-20 occurred or that the amount of the penalty should be reduced, the
3-21 commission shall remit the appropriate amount to the person charged
3-22 with the violation not later than the 30th day after the date on
3-23 which the judicial determination becomes final.
3-24 (f) Failure to remit the amount of the administrative
3-25 penalty to the commission within the time provided by Subsection
3-26 (e) of this section results in a waiver of all legal rights to
3-27 contest the violation or the amount of the penalty.
4-1 SECTION 4. (a) The change in law made by Section 12,
4-2 Chapter 531, Acts of the 67th Legislature, Regular Session, 1981
4-3 (Article 5181.1, Vernon's Texas Civil Statutes), as amended by
4-4 Section 2 of this Act, applies only to the punishment for an
4-5 offense committed on or after the effective date of this Act. For
4-6 purposes of this section, an offense is committed before the
4-7 effective date of this Act if any element of the offense occurs
4-8 before the effective date.
4-9 (b) An offense committed before the effective date of this
4-10 Act is covered by the law in effect when the offense was committed,
4-11 and the former law is continued in effect for that purpose.
4-12 SECTION 5. This Act takes effect September 1, 1993.
4-13 SECTION 6. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.