HBA-ATS H.B. 895 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 895
By: Turner, Sylvester
Economic Development
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

The Labor Code (code) prescribes criminal penalties for the employment of
children of a certain age in certain circumstances.  Under the code, an
employer commits a crime if the employer permits a 14- or 15-year-old
employee (employee) to work more than eight hours in one day or 48 hours in
one week.  An employer also commits a crime if the employer permits an
employee who is enrolled in school to work between the hours of 10:00 p.m.
and 5:00 a.m. on a day followed by a school day, or between the hours of
midnight and 5:00 a.m. on a day that is not followed by a school day.  The
statute does not address the employment of children older than age 15.
H.B.  895 provides that an employer commits an offense (punishable as a
Class B misdemeanor) if the employer permits a 16or 17-year-old employee
who is enrolled in school to work between 11 p.m. and 5 a.m. on a day
followed by a school day.  In addition, this bill provides that an employer
commits an offense (also punishable as a Class B misdemeanor) if the
employer permits a child (an individual under 18 years of age) who is
enrolled in school to work in one week more than 40 hours during the days
of the week followed by a school day. 
  
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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.013, Labor Code, by amending Subsection (d)
and adding Subsections (e) and (f), as follows: 

(d) A person commits an offense punishable as a Class B misdemeanor if the
person permits a 16- or 17-year-old employee who is enrolled in public or
private school to work between 11 p.m. and 5 a.m. on a day that is followed
by a school day. 

(e) A person commits an offense punishable as a Class B misdemeanor if the
person permits a child employee who is enrolled in public or private school
to work in one week more than 40 hours during the days of the week that are
followed by a school day.  Section 51.002 of the Labor Code defines "child"
as an individual under 18 years of age. 

(f) Creates this subsection from existing text.

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.