H.B. No. 1323
    1-1                                AN ACT
    1-2  relating to the employment of children; providing a criminal
    1-3  penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 51.014, Labor Code, is amended by adding
    1-6  Subsections (d), (e), and (f) to read as follows:
    1-7        (d)  In addition to any occupation determined to be hazardous
    1-8  under Subsection (a), the employment of a child to sell items or
    1-9  services for or solicit donations for any person other than an
   1-10  exempt organization or a business owned or operated by a parent,
   1-11  conservator, guardian, or other person who has possession of the
   1-12  child under a court order is a hazardous occupation for purposes of
   1-13  this chapter if the child is:
   1-14              (1)  younger than 14 years of age; and
   1-15              (2)  unaccompanied by a parent, conservator, guardian,
   1-16  or other person who has possession of the child under a court
   1-17  order.
   1-18        (e)  For purposes of this section, "exempt organization"
   1-19  means:
   1-20              (1)  a charitable organization, as that term is defined
   1-21  under Section 84.003, Civil Practice and Remedies Code;
   1-22              (2)  an organization regulated under Title 15, Election
   1-23  Code; or
   1-24              (3)  a club, organization, or other group engaged in a
    2-1  fund-raising activity for the club, organization, or group if the
    2-2  activity is sponsored by a public or private primary or secondary
    2-3  school.
    2-4        (f)  Subsection (d) does not apply to a child younger than 14
    2-5  years of age selling items or services as a self-employed person
    2-6  with the consent of a parent.
    2-7        SECTION 2.  Section 51.031, Labor Code, is amended to read as
    2-8  follows:
    2-9        Sec. 51.031.  OFFENSE; PENALTY.  (a)  Except as provided by
   2-10  Subsection (b), an <An> offense under this chapter is a Class B <C>
   2-11  misdemeanor.
   2-12        (b)  An offense under Section 51.014(d) is a Class A
   2-13  misdemeanor.
   2-14        SECTION 3.  (a)  The change in law made by Section 2 of this
   2-15  Act applies only to the punishment for an offense committed on or
   2-16  after the effective date of this Act.   For purposes of this
   2-17  section, an offense is committed before the effective date of this
   2-18  Act if any element of the offense occurs before the effective date.
   2-19        (b)  An offense committed before the effective date of this
   2-20  Act is covered by the law in effect when the offense was committed,
   2-21  and the former law is continued in effect for that purpose.
   2-22        SECTION 4.  (a)  In addition to the changes in law made by
   2-23  this Act to the application of certain laws regulating the
   2-24  employment of children, this Act conforms Section 51.031, Labor
   2-25  Code, to Section 1, Chapter 331 (S.B. 939), Acts of the 73rd
   2-26  Legislature, Regular Session, 1993.
   2-27        (b)  Section 1, Chapter 331 (S.B. 939), Acts of the 73rd
    3-1  Legislature, Regular Session, 1993, is repealed.
    3-2        SECTION 5.  This Act takes effect September 1, 1995.
    3-3        SECTION 6.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.