By: Armbrister S.B. No. 452 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of counties to regulate door-to-door 1-3 solicitation and sales; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 234, Local Government Code, is amended by 1-6 adding Subchapter C to read as follows: 1-7 SUBCHAPTER C. DOOR-TO-DOOR SOLICITATION AND SALES 1-8 Sec. 234.051. DEFINITION. In this subchapter, "door-to-door 1-9 solicitation and sales" means an action of a person, other than a 1-10 person licensed and regulated by the state, in traveling from 1-11 residence to residence in an area and, while making a personal 1-12 appearance at each residence, selling or offering for sale goods or 1-13 services. 1-14 Sec. 234.052. AUTHORITY TO REGULATE. To promote the public 1-15 health, safety, or welfare, the commissioners court of a county by 1-16 order may regulate door-to-door solicitation and sales in the 1-17 unincorporated area of the county. 1-18 Sec. 234.053. PERMITS. (a) A county may require a person 1-19 who engages in door-to-door solicitation and sales to obtain a 1-20 permit before engaging in that activity and to renew the permit on 1-21 a periodic basis. An application for a permit must be made in 1-22 accordance with the regulations adopted by the county. 1-23 (b) The county regulations adopted under this subchapter may 1-24 provide for the denial, suspension, or revocation of a permit 1-25 issued by the county. 2-1 (c) A district court in the county has jurisdiction of an 2-2 appeal of an action of a county relating to the denial, suspension, 2-3 or revocation of a permit issued by the county. 2-4 Sec. 234.054. FEES. (a) A county may impose fees on 2-5 applicants for a permit issued under this subchapter or for the 2-6 renewal of the permit. The fees must be based on the cost of 2-7 processing the applications and investigating the applicants. 2-8 (b) Subsection (a) does not apply to an applicant for a 2-9 permit if the applicant is exempt from federal taxation under 2-10 Section 501(c)(3) or (4), Internal Revenue Code of 1986, as 2-11 amended. 2-12 Sec. 234.055. ENFORCEMENT. (a) A county may sue in a 2-13 district court in the county for an injunction to prohibit the 2-14 violation of a regulation adopted under this subchapter. 2-15 (b) A person commits an offense if the person violates a 2-16 county regulation adopted under this subchapter. An offense under 2-17 this subsection is a Class C misdemeanor. 2-18 SECTION 2. This Act takes effect immediately if it receives 2-19 a vote of two-thirds of all the members elected to each house, as 2-20 provided by Section 39, Article III, Texas Constitution. If this 2-21 Act does not receive the vote necessary for immediate effect, this 2-22 Act takes effect September 1, 2001.