1-1 By: Van de Putte, et al. (Senate Sponsor - Nelson) H.B. No. 749 1-2 (In the Senate - Received from the House March 31, 1999; 1-3 April 6, 1999, read first time and referred to Committee on 1-4 Economic Development; May 6, 1999, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays 1-6 0; May 6, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 749 By: Jackson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the sale of certain items at a flea market; providing a 1-11 penalty. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter D, Chapter 35, Business & Commerce 1-14 Code, is amended by adding Section 35.55 to read as follows: 1-15 Sec. 35.55. SALE OF ITEMS AT FLEA MARKET. (a) In this 1-16 section, "flea market" means a location at which booths or similar 1-17 spaces are rented or otherwise made available temporarily to two or 1-18 more persons and at which the persons offer tangible personal 1-19 property for sale. 1-20 (b) In addition to any other sanctions provided by law, a 1-21 person commits an offense if the person sells or offers for sale at 1-22 a flea market: 1-23 (1) infant formula or baby food of a type usually 1-24 consumed by children younger than two years of age; 1-25 (2) a drug, as defined by Section 431.002, Health and 1-26 Safety Code; or 1-27 (3) contact lenses, including disposable contact 1-28 lenses. 1-29 (c) A person does not commit an offense under this section 1-30 solely because the person provides spaces at a flea market. 1-31 (d) It is a defense to prosecution under Subsection (b) 1-32 that: 1-33 (1) the person selling the item: 1-34 (A) is authorized in writing to sell the item at 1-35 retail by the manufacturer of the item or the manufacturer's 1-36 authorized distributor; 1-37 (B) the authorization states the person's name; 1-38 and 1-39 (C) the person provides for examination the 1-40 authorization to any person at the flea market who requests to see 1-41 the authorization; or 1-42 (2) only a sample of the item or a catalog or brochure 1-43 displaying the item was available at the flea market and the item 1-44 sold was not delivered to the buyer at the flea market. 1-45 (e) A person commits an offense if the person provides to 1-46 another person an authorization under Subsection (d)(1) and: 1-47 (1) the authorization is forged or contains a false 1-48 statement; or 1-49 (2) the person displaying the authorization obtained 1-50 the authorization by fraud. 1-51 (f) An offense under this section is a misdemeanor 1-52 punishable by a fine of not more than $100. 1-53 (g) A law enforcement agency investigating a violation of 1-54 this section shall maintain a record of the investigation. The 1-55 record is public information. 1-56 (h) This section does not apply to the sale or offer for 1-57 sale of a nutritional supplement or vitamin. 1-58 SECTION 2. This Act takes effect September 1, 1999. 1-59 SECTION 3. The importance of this legislation and the 1-60 crowded condition of the calendars in both houses create an 1-61 emergency and an imperative public necessity that the 1-62 constitutional rule requiring bills to be read on three several 1-63 days in each house be suspended, and this rule is hereby suspended. 1-64 * * * * *