BILL ANALYSIS


                                                        H.B. 1324
                                              By: Romo (Gallegos)
                                             Economic Development
                                                         05-18-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, youths under the age of 14 are recruited to sell or
solicit donations.  This employment practice may contribute to
children's school work suffering because of long hours.

PURPOSE

As proposed, H.B. 1324 creates an offense for a person who employs
or encourages a child under 14 years of age to solicit donations or
sell items for an entity other than an exempt organization.

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 Chapter 22, Penal Code, by adding Section 22.11,
as follows:

     Sec. 22.11.  PERMITTING CHILD TO SELL OR SOLICIT DONATIONS. 
     (a)  Provides that a person commits an offense if the person
     employs, authorizes, induces, or permits a child younger than
     14 years of age who is unaccompanied by a parent, conservator,
     guardian, or other person having possession of the child under
     a court order to sell items or services for or solicit
     donations for any individual or entity 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.
     
     (b)  Defines "exempt organization."
       
       (c)  Provides that an offense under this section is a Class
       A misdemeanor.
       
       (d)  Provides that it is an exception to the application of
       Subsection (a) that the child was selling items or services
       as a self-employed person with the consent of a parent,
       conservator, guardian, or other person having possession of
       the child under a court order.
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.