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.