HBA-MPA, RAR, PDH, BTC C.S.H.B. 160 76(R)BILL ANALYSIS

Office of House Bill AnalysisC.S.H.B. 160
Economic Development
3/18/1999
Introduced
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, the Texas Child Labor statute imposes restrictions on the age at
which a child may be employed, the hours a child may be employed, and the
type of work a child may be employed to perform. Certain businesses, such
as those engaged in sales, target minors for use as sales representatives.

C.S.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.  C.S.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
well-being.  C.S.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. 

(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 days when the
child is not required to be in school and the hours between 10 a.m. and 5
p.m.   

(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, 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.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 160 differs from the original bill in SECTION 1 by:

_replacing the title "Door-to-Door Sales and Solicitation" with the new
title "Use of Child for Sales and Solicitation;" 

_adding a new Subsection (b) providing that the employment of a child to
solicit is a hazardous occupation for the purposes of this chapter, and
redesignating Subsections (b)-(e), as (c)-(f); 

_deleting the term "door-to-door" in Subsection (b) of the original bill.

C.S.H.B. 160 differs from the original bill in SECTION 2 by amending
Section 51.031(b) Labor Code, to add a provision that an offense under
Section 51.0145 is a Class A misdemeanor, and redesignates SECTIONS 2- 3,
as 3- 4.