BILL ANALYSIS



C.S.H.B. 1324
By: Romo
March 14, 1995
Committee Report (Substituted)


BACKGROUND

The employment of children for sales and solicitation of donations
has created a concern among some parents in Texas. Often, youths
recruited for this type of employment are under the age of 14. 
Critics of the employment practice contends that children's school
work suffers because of their long working hours.

PURPOSE

To create an offense if a child under the age of 14 who is
unaccompanied by a parent, conservator, guardian, or other person
having possession of the child under a court order sell items or
solicit donations for an entity other than an exempt organization. 
The penalty for a violation of this law is 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 Chapter 22 of the Penal Code by adding Section
22.11 as follows:

     Sec. 22.11.  PERMITTING CHILD TO SELL OR SOLICIT DONATIONS. 
     (a) A person commits an offense by employing, authorizing,
     inducing or permitting a child who is unaccompanied by a
     parent, conservator, guardian, or other person having
     possession of the child under a court order to sell items or
     solicit donations for any individual or entity other than an
     exempt organization.

     (b) Defines "exempt organization" as:

           (1) a charitable organization as defined under Section
84.003, Civil Practices 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.

     (c) An offense under this section is a Class A misdemeanor.

SECTION 2.  Effective date is September 1, 1995.

SECTION 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill provided that a person committed an offense if
that person employs a child under the age of 14 who is
unaccompanied by a parent, conservator, guardian or a person who
has possession of the child by court order to solicit or sell items
for an entity other than an exempt organizations during the period
beginning one-half hour after sunset and extending until one-half
hour before sunrise.  The substitute removes the period of time
that a person may not employ a child under the age of 14.  The
effect is that a person, other than an exempt organization, would
have committed an offense if that person at any time employs a
child under the age of 14.  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. 1324 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.  No one testified
against the bill.  The committee considered a complete substitute
for the bill.  The substitute was adopted without objection.  H.B.
1324 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.