1-1 By: Romo (Senate Sponsor - Gallegos) H.B. No. 1324 1-2 (In the Senate - Received from the House April 18, 1995; 1-3 April 19, 1995, read first time and referred to Committee on 1-4 Criminal Justice; April 20, 1995, rereferred to Committee on 1-5 Economic Development; May 18, 1995, reported favorably by the 1-6 following vote: Yeas 7, Nays 0; May 18, 1995, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the creation of the offense of permitting a child to 1-10 sell items or services or solicit donations. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 22, Penal Code, is amended by adding 1-13 Section 22.11 to read as follows: 1-14 Sec. 22.11. PERMITTING CHILD TO SELL OR SOLICIT DONATIONS. 1-15 (a) A person commits an offense if the person employs, authorizes, 1-16 induces, or permits a child younger than 14 years of age who is 1-17 unaccompanied by a parent, conservator, guardian, or other person 1-18 having possession of the child under a court order to sell items or 1-19 services for or solicit donations for any individual or entity 1-20 other than an exempt organization or a business owned or operated 1-21 by a parent, conservator, guardian, or other person who has 1-22 possession of the child under a court order. 1-23 (b) For purposes of this section, "exempt organization" 1-24 means: 1-25 (1) a charitable organization, as that term is defined 1-26 under Section 84.003, Civil Practice and Remedies Code; 1-27 (2) an organization regulated under Title 15, Election 1-28 Code; or 1-29 (3) a club, organization, or other group engaged in a 1-30 fund-raising activity for the club, organization, or group if the 1-31 activity is sponsored by a public or private primary or secondary 1-32 school. 1-33 (c) An offense under this section is a Class A misdemeanor. 1-34 (d) It is an exception to the application of Subsection (a) 1-35 that the child was selling items or services as a self-employed 1-36 person with the consent of a parent, conservator, guardian, or 1-37 other person having possession of the child under a court order. 1-38 SECTION 2. This Act takes effect September 1, 1995. 1-39 SECTION 3. The importance of this legislation and the 1-40 crowded condition of the calendars in both houses create an 1-41 emergency and an imperative public necessity that the 1-42 constitutional rule requiring bills to be read on three several 1-43 days in each house be suspended, and this rule is hereby suspended. 1-44 * * * * *