HBA-MPA, RAR, PDH, BTC H.B. 160 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 160 By: Wise Economic Development 2/15/1999 Introduced 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 door-to-door sales, target 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 door-to-door 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 limits the days and hours of employment and 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. H.B. 160 provides an exception for certain organizations and family-owned businesses and provides that a person commits an offense 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. DOOR-TO-DOOR SALES AND SOLICITATION. Defines "exempt organization" and "solicit." Prohibits a person from employing a child to solicit door-to-door 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 their 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. 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. 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. Provides that a person commits an offense if the person employs a child in violation of a rule adopted under this section. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.