1-1 By: Armbrister S.B. No. 452 1-2 (In the Senate - Filed January 30, 2001; January 31, 2001, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; February 21, 2001, reported favorably, as amended, by 1-5 the following vote: Yeas 6, Nays 0; February 21, 2001, sent to 1-6 printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Lindsay 1-8 Amend S.B. No. 452 as follows: 1-9 On page 1, line 24, after "person", insert the following: 1-10 ", other than a person licensed and regulated by the state," 1-11 COMMITTEE AMENDMENT NO. 2 By: West 1-12 Amend S.B. No. 452 as follows: 1-13 In Section 234.055, Local Government Code, page 1, line 56, 1-14 after the word "Class", strike "A" and insert "C" 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to the authority of counties to regulate door-to-door 1-18 solicitation and sales; providing a penalty. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Chapter 234, Local Government Code, is amended by 1-21 adding Subchapter C to read as follows: 1-22 SUBCHAPTER C. DOOR-TO-DOOR SOLICITATION AND SALES 1-23 Sec. 234.051. DEFINITION. In this subchapter, "door-to-door 1-24 solicitation and sales" means an action of a person in traveling 1-25 from residence to residence in an area and, while making a personal 1-26 appearance at each residence, selling or offering for sale goods or 1-27 services. 1-28 Sec. 234.052. AUTHORITY TO REGULATE. To promote the public 1-29 health, safety, or welfare, the commissioners court of a county by 1-30 order may regulate door-to-door solicitation and sales in the 1-31 unincorporated area of the county. 1-32 Sec. 234.053. PERMITS. (a) A county may require a person 1-33 who engages in door-to-door solicitation and sales to obtain a 1-34 permit before engaging in that activity and to renew the permit on 1-35 a periodic basis. An application for a permit must be made in 1-36 accordance with the regulations adopted by the county. 1-37 (b) The county regulations adopted under this subchapter may 1-38 provide for the denial, suspension, or revocation of a permit 1-39 issued by the county. 1-40 (c) A district court in the county has jurisdiction of an 1-41 appeal of an action of a county relating to the denial, suspension, 1-42 or revocation of a permit issued by the county. 1-43 Sec. 234.054. FEES. (a) A county may impose fees on 1-44 applicants for a permit issued under this subchapter or for the 1-45 renewal of the permit. The fees must be based on the cost of 1-46 processing the applications and investigating the applicants. 1-47 (b) Subsection (a) does not apply to an applicant for a 1-48 permit if the applicant is exempt from federal taxation under 1-49 Section 501(c)(3) or (4), Internal Revenue Code of 1986, as 1-50 amended. 1-51 Sec. 234.055. ENFORCEMENT. (a) A county may sue in a 1-52 district court in the county for an injunction to prohibit the 1-53 violation of a regulation adopted under this subchapter. 1-54 (b) A person commits an offense if the person violates a 1-55 county regulation adopted under this subchapter. An offense under 1-56 this subsection is a Class A misdemeanor. 1-57 SECTION 2. This Act takes effect immediately if it receives 1-58 a vote of two-thirds of all the members elected to each house, as 1-59 provided by Section 39, Article III, Texas Constitution. If this 1-60 Act does not receive the vote necessary for immediate effect, this 1-61 Act takes effect September 1, 2001. 2-1 * * * * *