1-1 By: Romo (Senate Sponsor - Gallegos) H.B. No. 1323
1-2 (In the Senate - Received from the House April 10, 1995;
1-3 April 11, 1995, read first time and referred to Committee on
1-4 Economic Development; May 18, 1995, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 18, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the employment of children; providing a criminal
1-9 penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 51.014, Labor Code, is amended by adding
1-12 Subsections (d), (e), and (f) to read as follows:
1-13 (d) In addition to any occupation determined to be hazardous
1-14 under Subsection (a), the employment of a child to sell items or
1-15 services for or solicit donations for any person other than an
1-16 exempt organization or a business owned or operated by a parent,
1-17 conservator, guardian, or other person who has possession of the
1-18 child under a court order is a hazardous occupation for purposes of
1-19 this chapter if the child is:
1-20 (1) younger than 14 years of age; and
1-21 (2) unaccompanied by a parent, conservator, guardian,
1-22 or other person who has possession of the child under a court
1-23 order.
1-24 (e) For purposes of this section, "exempt organization"
1-25 means:
1-26 (1) a charitable organization, as that term is defined
1-27 under Section 84.003, Civil Practice and Remedies Code;
1-28 (2) an organization regulated under Title 15, Election
1-29 Code; or
1-30 (3) a club, organization, or other group engaged in a
1-31 fund-raising activity for the club, organization, or group if the
1-32 activity is sponsored by a public or private primary or secondary
1-33 school.
1-34 (f) Subsection (d) does not apply to a child younger than 14
1-35 years of age selling items or services as a self-employed person
1-36 with the consent of a parent.
1-37 SECTION 2. Section 51.031, Labor Code, is amended to read as
1-38 follows:
1-39 Sec. 51.031. OFFENSE; PENALTY. (a) Except as provided by
1-40 Subsection (b), an <An> offense under this chapter is a Class B <C>
1-41 misdemeanor.
1-42 (b) An offense under Section 51.014(d) is a Class A
1-43 misdemeanor.
1-44 SECTION 3. (a) The change in law made by Section 2 of this
1-45 Act applies only to the punishment for an offense committed on or
1-46 after the effective date of this Act. For purposes of this
1-47 section, an offense is committed before the effective date of this
1-48 Act if any element of the offense occurs before the effective date.
1-49 (b) An offense committed before the effective date of this
1-50 Act is covered by the law in effect when the offense was committed,
1-51 and the former law is continued in effect for that purpose.
1-52 SECTION 4. (a) In addition to the changes in law made by
1-53 this Act to the application of certain laws regulating the
1-54 employment of children, this Act conforms Section 51.031, Labor
1-55 Code, to Section 1, Chapter 331 (S.B. 939), Acts of the 73rd
1-56 Legislature, Regular Session, 1993.
1-57 (b) Section 1, Chapter 331 (S.B. 939), Acts of the 73rd
1-58 Legislature, Regular Session, 1993, is repealed.
1-59 SECTION 5. This Act takes effect September 1, 1995.
1-60 SECTION 6. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended.
1-65 * * * * *