76R8269 DB-D
By Wise H.B. No. 160
Substitute the following for H.B. No. 160:
By Solis of Cameron C.S.H.B. No. 160
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain sales or solicitations made
1-3 by children.
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;
1-20 (B) request donations; or
1-21 (C) distribute items, information, or
1-22 advertising.
1-23 (b) The employment of a child to solicit is a hazardous
1-24 occupation for purposes of this chapter.
2-1 (c) A person may not employ a child to solicit unless the
2-2 person:
2-3 (1) at least seven days before the date the child
2-4 begins employment, obtains on a form approved by the commission the
2-5 signed consent of a parent of the child or of a conservator,
2-6 guardian, or other person who has possession of the child under a
2-7 court order;
2-8 (2) provides to the individual who gives consent:
2-9 (A) a map of the route the child will follow
2-10 during each solicitation trip; and
2-11 (B) the name of each individual who will be
2-12 supervising each solicitation trip;
2-13 (3) provides at each location where children will be
2-14 engaged to solicit at least one adult supervisor for every three
2-15 children engaged in that solicitation trip; and
2-16 (4) limits each solicitation trip to:
2-17 (A) a day when the child is not legally required
2-18 to attend school; and
2-19 (B) the hours between 10 a.m. and 5 p.m.
2-20 (d) The commission may make additional requirements by rule
2-21 for a person employing a child under this section to protect the
2-22 safety, health, or well-being of the child.
2-23 (e) This section does not apply to an exempt organization or
2-24 a business owned or operated by a parent, conservator, guardian, or
2-25 other person who has possession of the child under a court order.
2-26 (f) A person commits an offense if the person employs a
2-27 child in violation of this section or a rule adopted under this
3-1 section.
3-2 SECTION 2. Section 51.031(b), Labor Code, is amended to read
3-3 as follows:
3-4 (b) An offense under Section 51.014(d) or Section 51.0145 is
3-5 a Class A misdemeanor.
3-6 SECTION 3. This Act takes effect September 1, 1999.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.