SRC-JEC S.B. 452 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 452
77R1111 JMG-DBy: Armbrister
Intergovernmental Relations
2/7/2001
As Filed


DIGEST AND PURPOSE 

Currently, cities may pass regulations regarding door-to-door salespeople,
but there is no provision for unincorporated areas to do so.  Senior
citizens particularly have been known to be victimized by unscrupulous
salespeople and scam artists.  As proposed, S.B. 452 allows counties to
regulate doorto-door salespeople in unincorporated areas to provide the
same level of public safety to their citizens as that afforded people in
cities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 234, Local Government Code, to add Subchapter C,
as follows: 

SUBCHAPTER C.  DOOR-TO-DOOR SOLICITATION AND SALES

 Sec. 234.051.  DEFINITION.  Defines "door-to-door solicitation and sales."

Sec. 234.052.  AUTHORITY TO REGULATE.  Authorizes a county commissioners
court by order to regulate door-to-door solicitation and sales in the
unincorporated area of the county to promote the public health, safety, or
welfare. 

Sec. 234.053.  PERMITS.  (a)  Authorizes a county to require a person who
engages in doorto-door solicitation and sales to obtain a permit before
engaging in that activity and to renew the permit on a periodic basis.
Requires that an application for a permit be made in accordance with the
regulations adopted by the county. 

(b)  Authorizes the county regulations adopted under this subchapter to
provide for the denial, suspension, or revocation of a permit issued by the
county. 

(c)  Provides that a district court in the county has jurisdiction of an
appeal of an action of a county relating to the denial, suspension, or
revocation of a permit issued by the county. 

Sec. 234.054.  FEES.  (a)  Authorizes a county to impose fees on applicants
for a permit issued under this subchapter or for the renewal of the permit.
Requires that the fees be based on the cost of processing the applications
and investigating the applicants.   

(b) Provides that Subsection (a) does not apply to applicants for permits
who are exempt from federal taxation under Section 501(c)(3) or (4),
Internal Revenue Code of 1986, as amended. 

 Sec. 234.055.  ENFORCEMENT.  (a)  Authorizes a county to sue in a district
court in the county for an injunction to prohibit the violation of a
regulation adopted under this subchapter. 

(b)  Provides that a person commits an offense if the person violates a
county regulation adopted under this subchapter.  Provides that an offense
under this subsection is a Class A misdemeanor. 

SECTION 2.  Effective date:  upon passage or September 1, 2001.