By Armbrister                                          S.B. No. 452
         77R1111 JMG-D                           
                                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 in traveling
1-10     from residence to residence in an area and, while making a personal
1-11     appearance at each residence, selling or offering for sale goods or
1-12     services.
1-13           Sec. 234.052.  AUTHORITY TO REGULATE. To promote the public
1-14     health, safety, or welfare, the commissioners court of a county by
1-15     order may regulate door-to-door solicitation and sales in the
1-16     unincorporated area of the county.
1-17           Sec. 234.053.  PERMITS. (a)  A county may require a person
1-18     who engages in door-to-door solicitation and sales to obtain a
1-19     permit before engaging in that activity and to renew the permit on
1-20     a periodic basis.  An application for a permit must be made in
1-21     accordance with the regulations adopted by the county.
1-22           (b)  The county regulations adopted under this subchapter may
1-23     provide for the denial, suspension, or revocation of a permit
1-24     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 A 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.