BILL ANALYSIS H.B. 994 By: Delisi (Wentworth) Economic Development 05-17-95 Senate 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 Texas Employment Commission (commission) determines, by rule, what occupations are hazardous for children in Chapter 51, Section 14 of the Texas Labor Code. Section 14 also states that any occupation declared hazardous by a federal agency for children under 18 will also be deemed hazardous by the commission. Currently, the rules of the U.S. Department of Transportation qualify the transportation of goods by vehicle by a child under 18 as a hazardous occupation. Small business owners are unable to hire their children to work if the job involves driving. PURPOSE As proposed, H.B. 994 sets forth provisions under which an occupation that involves the operation of a motor vehicle by a child for a commercial purpose is not a hazardous occupation. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Employment Commission under SECTION 1 (Sec. 51.015(b), Labor Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 51B, Labor Code, by adding Section 51.015, as follows: Sec. 51.015. OPERATION OF MOTOR VEHICLE FOR CERTAIN COMMERCIAL PURPOSES. (a) Provides that an occupation that involves the operation of a motor vehicle by a child for a commercial purpose is not a hazardous occupation under this chapter if the child: (1) has a driver's license under Chapter 173, Article 6687b, V.T.C.S.; (2) is not required to obtain a commercial driver's license under Article 6687b-2, V.T.C.S. (Texas Commercial Driver's License Act); (3) performs the duties of the occupation under the direct supervision of the child's parent or an adult having custody of the child; for a business owned or operated by the child's parent or guardian; or for a business when written and notarized parental consent has been given; and (4) operates a vehicle that has not more than two axles and does not exceed a gross vehicle weight rating of 15,000 pounds. (b) Requires the Texas Employment Commission to adopt rules consistent with this section. SECTION 2. Emergency clause. Effective date: upon passage.