BILL ANALYSIS



H.B. 994
By: Delisi
March 14, 1995
Committee Report (Unamended)


BACKGROUND

Under current law, no child under the age of 18 can transport any
commercial goods by vehicle, regardless of their nature, because it
is deemed a hazardous occupation.  The commission determines, by
rule, what occupations are hazardous for children in Chapter 51,
Section 14 of the Texas Labor Code.  In this same section, it
states that any occupation declared hazardous by a federal agency
for children under 18 will also be deemed hazardous by the
commission.  The U.S. Department of Transportation rules states
that the transport by vehicle of goods by a child under 18 is a
hazardous occupation.  Small businesses owners are unable to hire
their children to work if the job involves driving.

PURPOSE

HB 994 would declare as a non-hazardous occupation certain jobs
which involves the operation of a motor vehicle by a child.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does expressly grant
additional rulemaking authority in Section 1 (b).

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 51, Labor Code to add Sec.
51.015 as follows:

Sec 51.015 OPERATION OF MOTOR VEHICLES FOR CERTAIN COMMERCIAL
PURPOSES. (a) States that the operation of a motor vehicle by a
child for commercial purposes is not a hazardous occupation if the
child: 

     (1) has a valid Texas driver's license; 
     (2) is not required to obtain a commercial driver's license
under the Commercial Driver's License Act to perform the duties of
the occupation; and 
     (3) is working (A) under the direct supervision of the child's
parent or legal guardian; and (B) for a business owned or operated
by the parent or custodian.

(b)  Directs the commission to adopt rules in accordance with this
section.

SECTION 2.   Emergency Clause

SUMMARY OF COMMITTEE ACTION

H.B. 994 was considered by the committee in a public hearing on
March 13, 1995.  Testifying on the bill was Ed Davis, representing
the Texas Employment Commission.  Testifying in favor of the bill
was Ken Legler and Robert Howden, both representing the National
Federation of Independent Business.  No one testified against the
bill.  H.B. 994 was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
8 ayes, 0 nays, 0 pnv, 1 absent.