By Wise                                                H.B. No. 160
         76R48 DB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain door-to-door sales or
 1-3     solicitations made 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.  DOOR-TO-DOOR SALES AND SOLICITATION.  (a)  For
 1-8     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)  A person may not employ a child to solicit door-to-door
1-24     unless the person:
 2-1                 (1)  at least seven days before the date the child
 2-2     begins employment, obtains on a form approved by the commission the
 2-3     signed consent of a parent of the child, or of a conservator,
 2-4     guardian, or other person who has possession of the child under a
 2-5     court order;
 2-6                 (2)  provides to the individual who gives consent:
 2-7                       (A)  a map of the route the child will follow
 2-8     during each solicitation trip; and
 2-9                       (B)  the name of each individual who will be
2-10     supervising each solicitation trip;
2-11                 (3)  provides at each location where children will be
2-12     engaged to solicit  door-to-door at least one adult supervisor for
2-13     every three children engaged in that solicitation trip; and
2-14                 (4)  limits each solicitation trip to:
2-15                       (A)  a day when the child is not legally required
2-16     to attend school; and
2-17                       (B)  the hours between 10 a.m. and 5 p.m.
2-18           (c)  The commission may make additional requirements by rule
2-19     for a person employing a child under this section to protect the
2-20     safety, health, or well-being of the child.
2-21           (d)  This section does not apply to an exempt organization or
2-22     a business owned or operated by a parent, conservator, guardian, or
2-23     other person who has possession of the child under a court order.
2-24           (e)  A person commits an offense if the person employs a
2-25     child in violation of this section or a rule adopted under this
2-26     section.
2-27           SECTION 2.  This Act takes effect September 1, 1999.
 3-1           SECTION 3.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended.