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