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.