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                               * * * * *