(a) The commission by rule shall declare an occupation to be hazardous if:
- (1) the occupation has been declared to be hazardous by an agency of the federal government; and
- (2) the commission determines that the occupation is particularly hazardous for the employment of children.
- (b) The commission by rule may restrict the employment of children 14 years of age or older in hazardous occupations.
- (c) A person commits an offense if the person employs a child in violation of a rule adopted under this section.
(d) In addition to any occupation determined to be hazardous under Subsection (a), the employment of a child to sell items or services for or solicit donations for any person other than 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 is a hazardous occupation for purposes of this chapter if the child is:
- (1) younger than 14 years of age; and
- (2) unaccompanied by a parent, conservator, guardian, or other person who has possession of the child under a court order.
(e) For purposes of this section, "exempt organization" means:
- (1) a charitable organization, as that term is defined under Section 84.003, Civil Practice and Remedies Code;
- (2) an organization regulated under Title 15, Election Code; or
- (3) 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.
- (f) Subsection (d) does not apply to a child younger than 14 years of age selling items or services as a self-employed person with the consent of a parent.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 501, Sec. 1, eff. Sept. 1, 1995.