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.