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


Senate Research CenterC.S.H.B. 749
76R14557  DWS-DBy: Van de Putte (Nelson)
Economic Development
5/5/1999
Committee Report (Substituted)


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.  C.S.H.B. 749 would set forth provisions
regarding the sale of certain items at a flea market and provide a penalty.

PURPOSE

As proposed, C.S.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 , in addition to any other
sanctions provided by law.  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.  

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 35.55, Chapter 35D, Business & Commerce Code, to set forth
the conditions under with a person commits an offense when selling or
offering to sell certain items at a flea market, in addition to any other
sanctions provided by law, including infant formula or baby food of a type
usually consumed by children younger than two years of age; a drug, as
defined by Section 431.002, Health and Safety Code; and contact lenses,
including disposable contact lenses.  Deletes proposed Subsection (b) (3).