Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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. 9/1/1999.