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