BILL ANALYSIS



C.S.H.B. 1323
By: Romo
March 14, 1995
Committee Report (Substituted)


BACKGROUND

The Texas Employment Commission, among all its other duties, is
responsible for enforcing child labor laws.  If an employer is
caught violating these laws, the maximum penalty is $500. As a
result, critics say, the law is often ignored by employers. One
example critics sight is employers who send children to sell candy
or solicit donations door to door.

PURPOSE

To prohibits the use of children under 14 to sell items or services
or solicit donations for any person other than an exempt
organization.  H.B. 1323 also changes the penalty for a violation
of this law from a Class C misdemeanor to a Class A misdemeanor.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.014 of the Labor Code to provide that
(d) any employment involving children to sell items or services or
solicit donations for any person other than an exempt organization
if the child is:

           (1) younger than 14 years of age; and

           (2) unaccompanied by a parent, conservator, guardian,
or other person who has       possession of the child under a court
order.

     (e) Defines "exempt organization" as:

           (1) a charitable organization defined under Section
           84.003, Civil Practice and Remedies Code;

           (2) an organization regulated under Title 15, Election
Code; or

           (3) a club, organization or group engaged in a fund-raising activity if the activity is sponsored by a
           public or private primary or secondary school.

SECTION 2.  Amends Section 51.031 of the Labor Code to provide that
an offense under Section 51.041 Subsection (d) is a Class A
misdemeanor.

SECTION 3.  (a) Provides that the change in law made by Section 2
applies only to the punishment of an offense committed after the
effective date of this Act. 

           (b) Offenses committed before the effective date of this
Act are covered by the law in effect when the offense was
committed.

SECTION 4.  Effective date is September 1, 1995.

SECTION 5.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill provided that a child under the age of 14 could
not sell items or services for any person other than an exempt
organization during the period beginning one-half hour after sunset
and ending one-half before sunrise.  The substitute removes the
period of time that a child under the age of 14 may not sell items. 
The effect is that no child under the age of 14 at any time can
sell items or services for anyone other than an exempt
organization.  The substitute removes the language of Section 2
which made an offense under Chapter 51 a Class A misdemeanor, and
changes the language to read that an offense under Section
51.041(d) is a Class A misdemeanor.  The effect is that the rest of
the Chapter will remain a Class C misdemeanor.  Also, the
substitute adds to the definition of "exempt organization" a club,
organization, or group engaged in fund-raising activities if
sponsored by a public or private primary or secondary school.

SUMMARY OF COMMITTEE ACTION

H.B. 1323 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 Davie Jean Swanson, representing herself; and Ted Roberts,
representing the Texas Association of Business and Chambers of
Commerce.  No one testified against the bill.  The committee
considered a complete substitute for the bill.  The substitute was
adopted without objection.  H.B. 1323 was reported favorably as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.