SRC-DBM H.B. 749 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 749
By: Van de Putte (Nelson)
Economic Development
5/3/1999
Engrossed


DIGEST 

Currently, flea markets can be outlets for the sale of stolen, adulterated,
or expired merchandise or merchandise that is required to be dispensed by a
licensed physician or pharmacist.  H.B. 749 would set forth provisions
regarding the sale of certain items at a flea market and provides a
penalty.  

PURPOSE

As proposed, H.B. 749 sets forth provisions regarding the sale of certain
items at a flea market and provides a penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 35D, Business & Commerce Code, by adding Section
35.55, as follows: 

Sec. 35.55.  SALE OF ITEMS AT FLEA MARKET.  Defines "flea market."  Sets
forth the conditions under with a person commits an offense when selling or
offering to sell certain items at a flea market.  Provides that a person
does not commit an offense under this section solely because the person
provides spaces at a flea market.  Sets forth what is considered to be a
defense to prosecution under Subsection (b).  Sets forth the conditions
under which a person commits an offense when providing to another person an
authorization under Subsection (d) (1) and certain other actions.  Provides
that an offense under this section is a misdemeanor punishable by a fine of
not more than $100.  Requires a law enforcement agency investigating a
violation of this section to maintain a record of the investigation.
Provides that the record is public information.  Provides that this section
does not apply to the sale or offer for sale of a nutritional supplement or
vitamin. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.