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.