HBA-JEK S.B. 452 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 452 By: Armbrister County Affairs 4/29/2001 Engrossed BACKGROUND AND PURPOSE Current law does not authorize counties to regulate door-to-door sales in unincorporated areas. Such regulation could help protect residents of these areas, including senior citizens, from unscrupulous salespeople and scam artists. Senate Bill 452 authorizes the commissioners court of a county to regulate door-to-door solicitation and sales in the unincorporated area of a county. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 452 amends the Local Government Code to authorize the commissioners court of a county by order to regulate door-to-door solicitation and sales in the unincorporated area of the county. The bill authorizes a county to require a person who engages in door-to-door solicitation and sales to obtain a permit and renew the permit on a periodic basis, and specifies that the county regulations may provide for the denial, suspension, or revocation of the permit. The bill provides that the district court has jurisdiction of an appeal regarding such a denial, suspension, or revocation. S.B. 452 authorizes a county to impose fees on applicants for a door-to-door solicitation permit or renewal, and provides that the fees must be based on the cost of processing the applications and investigating the applicants. This provision does not apply to an applicant who is exempt from federal taxation. The bill authorizes a county to sue in a district court in the county for an injunction to prohibit the violation of a regulation regarding door-to-door solicitation and provides that a person who violates such a regulation commits a Class C misdemeanor. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.