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.