1-1 AN ACT 1-2 relating to the regulation of certain sales or solicitations made 1-3 by children; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 51, Labor Code, is amended 1-6 by adding Section 51.0145 to read as follows: 1-7 Sec. 51.0145. USE OF CHILD FOR SALES AND SOLICITATION. 1-8 (a) For purposes of this section: 1-9 (1) "Exempt organization" means: 1-10 (A) a charitable organization, as defined by 1-11 Section 84.003, Civil Practice and Remedies Code; 1-12 (B) an organization regulated under Title 15, 1-13 Election Code; or 1-14 (C) a club, organization, or other group engaged 1-15 in a fund-raising activity for the club, organization, or group if 1-16 the activity is sponsored by a public or private primary or 1-17 secondary school. 1-18 (2) "Solicit" means an action of a person to: 1-19 (A) sell goods or services in a setting other 1-20 than a retail establishment; 1-21 (B) request donations; or 1-22 (C) distribute items, information, or 1-23 advertising. 1-24 (b) The employment of a child to solicit is a hazardous 2-1 occupation for purposes of this chapter. 2-2 (c) A person may not employ a child to solicit unless the 2-3 person: 2-4 (1) at least seven days before the date the child 2-5 begins employment, obtains on a form approved by the commission the 2-6 signed consent of a parent of the child or of a conservator, 2-7 guardian, or other person who has possession of the child under a 2-8 court order; 2-9 (2) provides to the individual who gives consent: 2-10 (A) a map of the route the child will follow 2-11 during each solicitation trip; and 2-12 (B) the name of each individual who will be 2-13 supervising each solicitation trip; 2-14 (3) provides at each location where children will be 2-15 engaged to solicit at least one adult supervisor for every three 2-16 children engaged in that solicitation trip; and 2-17 (4) limits each solicitation trip to: 2-18 (A) no later than 7 p.m. on a day when the child 2-19 is legally required to attend school; and 2-20 (B) the hours between 10 a.m. and 7 p.m. on all 2-21 other days. 2-22 (d) The commission may make additional requirements by rule 2-23 for a person employing a child under this section to protect the 2-24 safety, health, or well-being of the child. 2-25 (e) This section does not apply to an exempt organization or 2-26 a business owned or operated by a parent, conservator, guardian, or 2-27 other person who has possession of the child under a court order. 3-1 (f) A person commits an offense if the person employs a 3-2 child in violation of this section or a rule adopted under this 3-3 section. 3-4 SECTION 2. Section 51.031(b), Labor Code, is amended to read 3-5 as follows: 3-6 (b) An offense under Section 51.014(d) or Section 51.0145 is 3-7 a Class A misdemeanor. 3-8 SECTION 3. This Act takes effect September 1, 1999. 3-9 SECTION 4. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 160 was passed by the House on April 27, 1999, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 160 on May 26, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 160 was passed by the Senate, with amendments, on May 24, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor