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.