HBA-TYH, MPA, RAR, PDH, BTC H.B. 160 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 160 By: Wise Economic Development 777/21/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, the Texas Child Labor statute imposed restrictions on the age at which a child could be employed, the hours a child could be employed, and the type of work a child could be employed to perform. Certain businesses, such as those engaged in sales, targeted minors for use as sales representatives. H.B. 160 requires a signed consent from the child's parent or guardian prior to the child beginning employment with an organization which engages in sales or solicitations and that the employer provide the person giving the consent with specific information about the sales area and supervision. This bill further defines employment of a child to solicit as a hazardous occupation and limits the days and hours of employment. H.B. 160 authorizes the Texas Workforce Commission to set additional requirements for a person employing a child, to protect the child's safety, health, or wellbeing. H.B. 160 provides an exception for certain organizations and family-owned businesses and provides that a person commits a Class A misdemeanor for violating the rules adopted under this law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Workforce Commission in SECTION 1 (Section 51.0145, Labor Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 51, Labor Code, by adding Section 51.0145, as follows: Sec. 51.0145. USE OF CHILD FOR SALES AND SOLICITATION. (a) Defines "exempt organization" and "solicit." (b) Provides that the employment of a child to solicit is a hazardous occupation for the purposes of this chapter (Employment of Children). (c) Prohibits a person from employing a child to solicit unless that person obtains, on a form approved by the Texas Workforce Commission (commission), a signed consent from the child's parent, conservator, guardian, or other person having possession of the child under a court order, no later than seven days prior to the child beginning employment. Requires the person employing the child to provide the person giving consent a map of the route the child will follow during the solicitation trip and the name of each supervisor. Requires at least one adult supervisor for every three children at each solicitation site. Limits each solicitation trip to no later than 7 p.m. on a day when the child is legally required to attend school and the hours between 10 a.m. and 7 p.m. on all other days. (d) Authorizes the commission, by rule, to make additional requirements for a person employing a child to protect the child's safety, health, or well-being. (e) Specifies that this section does not apply to an exempt organization or a business owned or operated by a parent, conservator, guardian, or other person who has possession of the child under a court order. (f) Provides that a person commits an offense if the person employs a child in violation of a rule adopted under this section. SECTION 2. Amends Section 51.031(b), Labor Code, to provide that an offense under Section 51.0145 is a Class A misdemeanor. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.