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.
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