BILL ANALYSIS
H.B. 1323
By: Romo (Gallegos)
Economic Development
05-18-95
Senate Committee Report (Unamended)
BACKGROUND
Chapter 51B of the Labor Code allows the Texas Employment
Commission to restrict the employment of children under the age of
14. The 73rd Legislature passed S.B. 939 classifying violations
under child labor restrictions as Class B misdemeanors, punishable
by a maximum penalty of 180 days in jail and a $2,000 fine.
PURPOSE
As proposed, H.B. 1323 provides that the employment of a child to
sell items or services for or solicit donations for any person
other than an exempt organization or a business owned or operated
by a parent or guardian is a hazardous occupation.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 51.014, Labor Code, by adding Subsections
(d)-(f), as follows:
(d) Provides that the employment of a child to sell items or
services for or solicit donations for any person other than an
exempt organization or a business owned or operated by a
parent, conservator, guardian, or other person who has
possession of the child under a court order is a hazardous
occupation for purposes of this chapter if the child is
younger than 14 years old; and unaccompanied by a parent,
conservator, guardian, or other person who has possession of
the child under a court order.
(e) Defines "exempt organization."
(f) Provides that Subsection (d) does not apply to a child
younger than 14 years old selling items or services as a self-employed person with parental consent.
SECTION 2. Amends Section 51.031, Labor Code, as follows:
Sec. 51.031. OFFENSE; PENALTY. (a) Provides that except as
provided by Subsection (b), an offense under this chapter is
a Class B, rather than a Class C, misdemeanor.
(b) Provides that an offense under Section 51.014(d) is a
Class A misdemeanor.
SECTION 3. Makes application of SECTION 2 of this Act prospective.
SECTION 4. (a) Provides that this Act conforms Section 51.031,
Labor Code, to Section 1, Chapter 331 (S.B. 939), Acts of the 73rd
Legislature, Regular Session, 1993.
(b) Repealer: Section 1, Chapter 331 (S.B. 939), Acts of the
73rd Legislature, Regular Session, 1993 (Relating to amending
Section 12, Article 5181.1, V.T.C.S.).
SECTION 5. Effective date: September 1, 1995.
SECTION 6. Emergency clause.