1-1 By: Wise (Senate Sponsor - Zaffirini) H.B. No. 160 1-2 (In the Senate - Received from the House April 28, 1999; 1-3 April 29, 1999, read first time and referred to Committee on State 1-4 Affairs; May 13, 1999, rereferred to Committee on Human Services; 1-5 May 14, 1999, reported favorably by the following vote: Yeas 5, 1-6 Nays 0; May 14, 1999, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the regulation of certain sales or solicitations made 1-10 by children; providing a penalty. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter B, Chapter 51, Labor Code, is amended 1-13 by adding Section 51.0145 to read as follows: 1-14 Sec. 51.0145. USE OF CHILD FOR SALES AND SOLICITATION. 1-15 (a) For purposes of this section: 1-16 (1) "Exempt organization" means: 1-17 (A) a charitable organization, as defined by 1-18 Section 84.003, Civil Practice and Remedies Code; 1-19 (B) an organization regulated under Title 15, 1-20 Election Code; or 1-21 (C) a club, organization, or other group engaged 1-22 in a fund-raising activity for the club, organization, or group if 1-23 the activity is sponsored by a public or private primary or 1-24 secondary school. 1-25 (2) "Solicit" means an action of a person to: 1-26 (A) sell goods or services; 1-27 (B) request donations; or 1-28 (C) distribute items, information, or 1-29 advertising. 1-30 (b) The employment of a child to solicit is a hazardous 1-31 occupation for purposes of this chapter. 1-32 (c) A person may not employ a child to solicit unless the 1-33 person: 1-34 (1) at least seven days before the date the child 1-35 begins employment, obtains on a form approved by the commission the 1-36 signed consent of a parent of the child or of a conservator, 1-37 guardian, or other person who has possession of the child under a 1-38 court order; 1-39 (2) provides to the individual who gives consent: 1-40 (A) a map of the route the child will follow 1-41 during each solicitation trip; and 1-42 (B) the name of each individual who will be 1-43 supervising each solicitation trip; 1-44 (3) provides at each location where children will be 1-45 engaged to solicit at least one adult supervisor for every three 1-46 children engaged in that solicitation trip; and 1-47 (4) limits each solicitation trip to: 1-48 (A) a day when the child is not legally required 1-49 to attend school; and 1-50 (B) the hours between 10 a.m. and 5 p.m. 1-51 (d) The commission may make additional requirements by rule 1-52 for a person employing a child under this section to protect the 1-53 safety, health, or well-being of the child. 1-54 (e) This section does not apply to an exempt organization or 1-55 a business owned or operated by a parent, conservator, guardian, or 1-56 other person who has possession of the child under a court order. 1-57 (f) A person commits an offense if the person employs a 1-58 child in violation of this section or a rule adopted under this 1-59 section. 1-60 SECTION 2. Section 51.031(b), Labor Code, is amended to read 1-61 as follows: 1-62 (b) An offense under Section 51.014(d) or Section 51.0145 is 1-63 a Class A misdemeanor. 1-64 SECTION 3. This Act takes effect September 1, 1999. 2-1 SECTION 4. The importance of this legislation and the 2-2 crowded condition of the calendars in both houses create an 2-3 emergency and an imperative public necessity that the 2-4 constitutional rule requiring bills to be read on three several 2-5 days in each house be suspended, and this rule is hereby suspended. 2-6 * * * * *