Sec. 51.0145. USE OF CHILD FOR SALES AND SOLICITATION. (a) For purposes of this section:
(1) "Exempt organization" means:
(A) a charitable organization, as defined by Section 84.003, Civil Practice and Remedies Code;
(B) an organization regulated under Title 15, Election Code; or
(C) a club, organization, or other group engaged in a fund-raising activity for the club, organization, or group if the activity is sponsored by a public or private primary or secondary school.
(2) "Solicit" means an action of a person to:
(A) sell goods or services in a setting other than a retail establishment;
(B) request donations; or
(C) distribute items, information, or advertising.
(b) The employment of a child to solicit is a hazardous occupation for purposes of this chapter.
(c) A person may not employ a child to solicit unless the person:
(1) at least seven days before the date the child begins employment, obtains on a form approved by the commission the signed consent of a parent of the child or of a conservator, guardian, or other person who has possession of the child under a court order;
(2) provides to the individual who gives consent:
(A) a map of the route the child will follow during each solicitation trip; and
(B) the name of each individual who will be supervising each solicitation trip;
(3) provides at each location where children will be engaged to solicit at least one adult supervisor for every three children engaged in that solicitation trip; and
(4) limits each solicitation trip to:
(A) no later than 7 p.m. on a day when the child is legally required to attend school; and
(B) the hours between 10 a.m. and 7 p.m. on all other days.
(d) The commission may make additional requirements by rule for a person employing a child under this section to protect the safety, health, or well-being of the child.
(e) 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) A person commits an offense if the person employs a child in violation of this section or a rule adopted under this section.
Added by Acts 1999, 76th Leg., ch. 648, Sec. 1, eff. Sept. 1, 1999.
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