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).