By Van de Putte, et al. H.B. No. 749
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of certain items at a flea market; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 35, Business & Commerce
1-6 Code, is amended by adding Section 35.55 to read as follows:
1-7 Sec. 35.55. SALE OF ITEMS AT FLEA MARKET. (a) In this
1-8 section, "flea market" means a location at which booths or similar
1-9 spaces are rented or otherwise made available temporarily to two or
1-10 more persons and at which the persons offer tangible personal
1-11 property for sale.
1-12 (b) A person commits an offense if the person sells or
1-13 offers for sale at a flea market:
1-14 (1) packaged food of a type usually consumed by
1-15 children younger than two years of age;
1-16 (2) a drug or device, as those terms are defined by
1-17 Section 431.002, Health and Safety Code; or
1-18 (3) an item that has an expiration date.
1-19 (c) A person does not commit an offense under this section
1-20 solely because the person provides spaces at a flea market.
1-21 (d) It is a defense to prosecution under Subsection (b)
1-22 that:
1-23 (1) the person selling the item:
1-24 (A) is authorized in writing to sell the item at
2-1 retail by the manufacturer of the item or the manufacturer's
2-2 authorized distributor;
2-3 (B) the authorization states the person's name;
2-4 and
2-5 (C) the person provides for examination the
2-6 authorization to any person at the flea market who requests to see
2-7 the authorization; or
2-8 (2) only a sample of the item or a catalog or brochure
2-9 displaying the item was available at the flea market and the item
2-10 sold was not delivered to the buyer at the flea market.
2-11 (e) A person commits an offense if the person provides to
2-12 another person an authorization under Subsection (d)(1) and:
2-13 (1) the authorization is forged or contains a false
2-14 statement; or
2-15 (2) the person displaying the authorization obtained
2-16 the authorization by fraud.
2-17 (f) An offense under this section is a misdemeanor
2-18 punishable by a fine of not more than $100.
2-19 (g) A law enforcement agency investigating a violation of
2-20 this section shall maintain a record of the investigation. The
2-21 record is public information.
2-22 (h) This section does not apply to the sale or offer for
2-23 sale of a nutritional supplement or vitamin.
2-24 SECTION 2. This Act takes effect September 1, 1999.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.