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)  In addition to any other sanctions provided by law, a
1-13     person commits an offense if the person sells or offers for sale at
1-14     a flea market:
1-15                 (1)  infant formula or baby food of a type usually
1-16     consumed by children younger than two years of age;
1-17                 (2)  a drug, as defined by Section 431.002, Health and
1-18     Safety Code; or
1-19                 (3)  contact lenses, including disposable contact
1-20     lenses.
1-21           (c)  A person does not commit an offense under this section
1-22     solely because the person provides spaces at a flea market.
1-23           (d)  It is a defense to prosecution under Subsection (b)
1-24     that:
 2-1                 (1)  the person selling the item:
 2-2                       (A)  is authorized in writing to sell the item at
 2-3     retail by the manufacturer of the item or the manufacturer's
 2-4     authorized distributor;
 2-5                       (B)  the authorization states the person's name;
 2-6     and
 2-7                       (C)  the person provides for examination the
 2-8     authorization to any person at the flea market who requests to see
 2-9     the authorization; or
2-10                 (2)  only a sample of the item or a catalog or brochure
2-11     displaying the item was available at the flea market and the item
2-12     sold was not delivered to the buyer at the flea market.
2-13           (e)  A person commits an offense if the person provides to
2-14     another person an authorization under Subsection (d)(1) and:
2-15                 (1)  the authorization is forged or contains a false
2-16     statement; or
2-17                 (2)  the person displaying the authorization obtained
2-18     the authorization by fraud.
2-19           (f)  An offense under this section is a misdemeanor
2-20     punishable by a fine of not more than $100.
2-21           (g)  A law enforcement agency investigating a violation of
2-22     this section shall maintain a record of the investigation.  The
2-23     record is public information.
2-24           (h)  This section does not apply to the sale or offer for
2-25     sale of a nutritional supplement or vitamin.
2-26           SECTION 2.  This Act takes effect September 1, 1999.
2-27           SECTION 3.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 749 was passed by the House on March
         30, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 749 on May 27, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 749 was passed by the Senate, with
         amendments, on May 25, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor