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.