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By: Gallegos S.B. No. 245
A BILL TO BE ENTITLED
AN ACT
relating to local government authorization of charitable
solicitation by a pedestrian.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 552, Transportation Code, is amended by
adding Section 552.0071 to read as follows:
Sec. 552.0071. LOCAL AUTHORIZATION FOR SOLICITATION BY
PEDESTRIAN. (a) A local authority shall grant authorization for a
person to stand in a roadway to solicit a charitable contribution as
provided by Section 552.007(a) if the persons to be engaged in the
solicitation are employees or agents of the local authority and the
other requirements of this section are met.
(b) A person seeking authorization under this section shall
file a written application with the local authority not later than
the 11th day before the date the solicitation is to begin. The
application must include:
(1) the date or dates and times when the solicitation
is to occur;
(2) each location at which solicitation is to occur;
and
(3) the number of solicitors to be involved in
solicitation at each location.
(c) This section does not prohibit a local authority from
requiring a permit or the payment of reasonable fees to the local
authority.
(d) The applicant shall also furnish to the local authority
advance proof of liability insurance in the amount of at least $1
million to cover damages that may arise from the solicitation. The
insurance must provide coverage against claims against the
applicant and claims against the local authority.
(e) A local authority, by acting under this section or
Section 552.007, does not waive or limit any immunity from
liability applicable under law to the local authority. The
issuance of an authorization under this section and the conducting
of the solicitation authorized is a governmental function of the
local authority.
(f) Notwithstanding any provision of this section, the
existing rights of individuals or organizations under Section
552.007 are not impaired.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.