Texas Labor Code 51.0145 – Use of Child for Sales and Solicitation
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(a) For purposes of this section:
(1) “Exempt organization” means:
(A) a charitable organization, as defined by § 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.
Terms Used In Texas Labor Code 51.0145
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(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.