By Romo H.B. No. 1324
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of permitting a child to
1-3 sell items or services or solicit donations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Penal Code, is amended by adding
1-6 Section 22.11 to read as follows:
1-7 Sec. 22.11. PERMITTING CHILD TO SELL OR SOLICIT DONATIONS.
1-8 (a) A person commits an offense if the person employs, authorizes,
1-9 induces, or permits a child younger than 14 years of age who is
1-10 unaccompanied by a parent, conservator, guardian, or other person
1-11 having possession of the child under a court order to sell items or
1-12 services for or solicit donations for any individual or entity
1-13 other than an exempt organization or a business owned or operated
1-14 by a parent, conservator, guardian, or other person who has
1-15 possession of the child under a court order.
1-16 (b) For purposes of this section, "exempt organization"
1-17 means:
1-18 (1) a charitable organization, as that term is defined
1-19 under Section 84.003, Civil Practice and Remedies Code;
1-20 (2) an organization regulated under Title 15, Election
1-21 Code; or
1-22 (3) a club, organization, or other group engaged in a
1-23 fund-raising activity for the club, organization, or group if the
1-24 activity is sponsored by a public or private primary or secondary
2-1 school.
2-2 (c) An offense under this section is a Class A misdemeanor.
2-3 (d) It is an exception to the application of Subsection (a)
2-4 that the child was selling items or services as a self-employed
2-5 person with the consent of a parent, conservator, guardian, or
2-6 other person having possession of the child under a court order.
2-7 SECTION 2. This Act takes effect September 1, 1995.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.