LABOR CODE
SUBTITLE B. RESTRICTIONS ON LABOR
CHAPTER 51. EMPLOYMENT OF CHILDREN
SUBCHAPTER A. GENERAL PROVISIONS
§ 51.001. PURPOSE. The purpose of this chapter is to
ensure that a child is not employed in an occupation or manner that
is detrimental to the child's safety, health, or well-being.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.002. DEFINITIONS. In this chapter:
(1) "Child" means an individual under 18 years of age.
(2) "Commission" means the Texas Employment
Commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.003. GENERAL EXEMPTIONS. (a) This chapter does
not apply to employment of a child:
(1) employed in a:
(A) nonhazardous occupation;
(B) under the direct supervision of the child's
parent or an adult having custody of the child; and
(C) in a business or enterprise owned or operated
by the parent or custodian;
(2) engaged in delivery of newspapers to the consumer;
(3) participating in a school-supervised and
school-administered work-study program approved by the commission;
(4) employed in agriculture during a period when the
child is not legally required to be attending school;
(5) employed through a rehabilitation program
supervised by a county judge; or
(6) engaged in nonhazardous casual employment that
will not endanger the safety, health, or well-being of the child and
to which the parent or adult having custody of the child has
consented.
(b) In this section, "employment in agriculture" means
engaged in producing crops or livestock and includes:
(1) cultivating and tilling the soil;
(2) producing, cultivating, growing, and harvesting
an agricultural or horticultural commodity;
(3) dairying; and
(4) raising livestock, bees, fur-bearing animals, or
poultry.
(c) For the purposes of Subsection (a)(6), the commission by
rule may define nonhazardous casual employment that the commission
determines is dangerous to the safety, health, or well-being of a
child.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER B. RESTRICTIONS ON EMPLOYMENT
§ 51.011. MINIMUM AGE. Except as provided by this
chapter, a person commits an offense if the person employs a child
under 14 years of age.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.012. PERFORMER EXEMPTION. The commission by rule
may authorize the employment of children under 14 years of age as
performers in a motion picture or a theatrical, radio, or
television production.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.013. HOURS OF EMPLOYMENT; HARDSHIP
EXEMPTION. (a) A person commits an offense if the person permits
a child who is 14 or 15 years of age and who is employed by the
person to work more than:
(1) eight hours in one day; or
(2) 48 hours in one week.
(b) A person commits an offense if the person permits a
child who is 14 or 15 years of age, is employed by the person, and is
enrolled in a term of a public or private school to work:
(1) between the hours of 10 p.m. and 5 a.m. on a day
that is followed by a school day; or
(2) between the hours of midnight and 5 a.m. on a day
that is not followed by a school day.
(c) A person commits an offense if the person permits a
child who is 14 or 15 years of age, is employed by the person, and is
not enrolled in summer school to work between the hours of midnight
and 5 a.m. on any day during the time that school is recessed for the
summer.
(d) The commission may adopt rules for determining whether
hardships exist. If, on the application of a child, the commission
determines that a hardship exists for that child, this section does
not apply to that child.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.014. HAZARDOUS OCCUPATIONS. (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, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 501, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1999.
§ 51.015. OPERATION OF MOTOR VEHICLE FOR CERTAIN
COMMERCIAL PURPOSES. (a) An occupation that involves the
operation of a motor vehicle by a child for a commercial purpose is
not a hazardous occupation under this chapter if the child:
(1) has a driver's license under Chapter 521,
Transportation Code ;
(2) is not required to obtain a commercial driver's
license under Chapter 522, Transportation Code, to perform the
duties of the occupation;
(3) performs the duties of the occupation:
(A) under the direct supervision of the child's
parent or an adult having custody of the child; and
(B) for a business owned or operated by the
child's parent or guardian; and
(4) operates a vehicle that has no more than two axles
and does not exceed a gross vehicle weight rating of 15,000 pounds.
(b) The commission shall adopt rules consistent with this
section.
Added by Acts 1995, 74th Leg., ch. 903, § 1, eff. Aug. 28, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 30.213, eff. Sept. 1,
1997.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 51.021. INSPECTION; COLLECTION OF
INFORMATION. (a) The commission, or a person designated by the
commission, may, during working hours:
(1) inspect a place where there is good reason to
believe that a child is employed or has been employed within the
last two years; and
(2) collect information concerning the employment of a
child who works or within the last two years has worked at that
place.
(b) A person commits an offense if the person knowingly or
intentionally hinders an inspection or the collection of
information authorized by this section.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 905, § 1, eff. Sept. 1, 1995.
§ 51.022. CERTIFICATE OF AGE. (a) A child who is at
least 14 years of age may apply to the commission for a certificate
of age that states the date of birth of the child.
(b) The application must include documentary proof of age as
required by the commission.
(c) After approval by the commission of the proof of age,
the commission shall issue to the child a certificate of age.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.023. RULEMAKING. The commission may adopt rules
necessary to promote the purpose of this chapter but may not adopt a
rule permitting the employment of a child under 14 years of age
unless expressly authorized by this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.024. POWERS OF COMMISSION; PENALTY. (a) The
commission may require reports, conduct investigations, and take
other action it considers necessary to implement this chapter.
(b) In the discharge of the duties imposed by this chapter,
a member of the commission or an authorized representative of the
commission may administer oaths and affirmations, take
depositions, certify official acts, and issue subpoenas to compel
the attendance of witnesses who may be found within 100 miles of the
relevant event and the production of books, papers, correspondence,
memoranda, or other records considered necessary as evidence in the
administration of this chapter. Notwithstanding Chapter 152 or
154, Local Government Code, or any other law of this state, the
commission shall pay the fee of a sheriff or constable for serving a
subpoena under this subsection from the administrative funds of the
commission, and the comptroller shall issue a warrant for that fee
as directed by the commission.
(c) In the case of contumacy or other refusal to obey a
subpoena issued by a member of the commission or an authorized
representative of the commission, a county court or district court
within the jurisdiction of which the inquiry is conducted or the
person guilty of contumacy or refusal to obey is found, resides, or
transacts business has jurisdiction on application by the
commission or its representative to issue to the person an order
requiring the person to appear before a commissioner, the
commission, or an authorized representative of the commission to
produce evidence or give testimony regarding the matter under
investigation. Failure to obey the court order may be punished by
the court as contempt.
(d) A person commits an offense if the person, without just
cause, fails or refuses to obey a commission subpoena to:
(1) attend and testify;
(2) answer any lawful inquiry; or
(3) produce books, papers, correspondence, memoranda,
or other records.
(e) An offense under Subsection (d) is punishable by a fine
of not less than $200, by confinement for not more than 60 days, or
by both fine and confinement. Each day of violation constitutes a
separate offense.
Added by Acts 1995, 74th Leg., ch. 905, § 2, eff. Sept. 1, 1995.
SUBCHAPTER D. PENALTY AND DEFENSE
§ 51.031. OFFENSE; PENALTY. (a) Except as provided by
Subsection (b), an offense under this chapter is a Class B
misdemeanor.
(b) An offense under Section 51.014(d) or Section 51.0145 is
a Class A misdemeanor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.10(a), eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 501, § 2, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 648, § 2, eff. Sept. 1, 1999.
§ 51.032. DEFENSE TO PROSECUTION. It is a defense to
prosecution of a person employing a child who does not meet the
minimum age requirement for a type of employment that the person
relied in good faith on an apparently valid certificate of age
presented by the child that showed the child to meet the age
requirement for that type of employment.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 51.033. ADMINISTRATIVE PENALTY. (a) If the
commission determines that a person who employs a child has
violated this chapter or a rule adopted under this chapter, the
commission may assess an administrative penalty against that person
as provided by this section.
(b) The penalty for a violation may be in an amount not to
exceed $10,000.
(c) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation; and
(5) any other matter that justice may require.
(d) If, after examination of a possible violation and the
facts relating to that possible violation, the commission
determines that a violation has occurred, the commission shall
issue a preliminary determination that states the facts on which
the determination is based, the fact that an administrative penalty
is to be imposed, and the amount of the penalty.
(e) Not later than the 14th day after the date the report is
issued, the commission shall give written notice of the preliminary
determination to the person charged with the violation. The notice
must include a brief summary of the alleged violation and a
statement of the amount of the recommended penalty and must inform
the person that the person has a right to a hearing on the
occurrence of the violation, the amount of the penalty, or both the
occurrence of the violation and the amount of the penalty.
(f) Not later than the 21st day after the date on which the
notice is mailed, the person may make a written request for a
hearing on the occurrence of the violation, the amount of the
penalty, or both the occurrence of the violation and the amount of
the penalty.
(g) If the person requests a hearing, the commission shall
set a hearing and give notice of the hearing to the person not later
than the 21st day after the date a request for the hearing is
received by the commission. As soon as practicable, but not later
than the 45th day after the date the hearing notice is mailed, the
commission shall conduct the hearing. The hearing is subject to the
commission rules and hearings procedures used by the commission to
determine a claim under Subtitle A, Title 4, but is not subject to
Chapter 2001, Government Code. The hearings examiner shall issue a
decision.
(h) If it is determined after the hearing that a penalty may
be imposed, the commission shall enter a written order to that
effect. The commission shall notify the person in writing of the
decision and the amount of the penalty imposed by mailing the notice
to the person at the person's last known address as reflected by
commission records. The order of the commission becomes final 14
days after the date of mailing, unless, within 14 days after the
date of the mailing, the hearing is reopened by commission order or
the person files a written motion for rehearing.
(i) The notice of the commission's order must include a
statement of the right of the person to judicial review of the
order.
(j) Not later than the 30th day after the date the
commission's final order is mailed, the person shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition
for judicial review contesting the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation and
the amount of the penalty; or
(3) without paying the amount of the penalty, file a
petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(k) Within the 30-day period, a person who acts under
Subsection (j)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court
for placement in an escrow account; or
(B) giving to the court a supersedeas bond
approved by the court that is for the amount of the penalty and that
is effective until all judicial review of the commission's order is
final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
amount of the penalty and is financially unable to give the
supersedeas bond; and
(B) giving a copy of the affidavit to the
commission by certified mail.
(l) If the commission receives a copy of an affidavit under
Subsection (k)(2), the commission may file with the court not later
than the fifth day after the date the copy is received a contest to
the affidavit. The court shall hold a hearing on the facts alleged
in the affidavit as soon as practicable and shall stay the
enforcement of the penalty on finding that the alleged facts are
true. The person who files an affidavit has the burden of proving
that the person is financially unable to pay the amount of the
penalty and to give a supersedeas bond.
(m) If the person does not pay the amount of the penalty and
the enforcement of the penalty is not stayed, the commission may
refer the matter to the attorney general for collection of the
amount of the penalty.
(n) Judicial review of the order of the commission:
(1) is instituted by bringing an action as provided by
Subchapter E, Chapter 212; and
(2) is under the substantial evidence rule.
(o) If the court sustains the occurrence of the violation,
the court may uphold or reduce the amount of the penalty and order
the person to pay the full or reduced amount of the penalty. If the
court does not sustain the occurrence of the violation, the court
shall order that a penalty is not owed.
(p) When the judgment of the court becomes final, the court
shall proceed under this subsection. If the person paid the amount
of the penalty and if that amount is reduced or is not upheld by the
court, the court shall order that the appropriate amount plus
accrued interest be remitted to the person. The rate of the
interest is the rate charged on loans to depository institutions by
the New York Federal Reserve Bank, and the interest shall be paid
for the period beginning on the date the penalty was paid and ending
on the date the penalty is remitted. If the person gave a
supersedeas bond and if the amount of the penalty is not upheld by
the court, the court shall order the release of the bond. If the
person gave a supersedeas bond and if the amount of the penalty is
reduced, the court shall order the release of the bond after the
person pays the amount.
(q) The attorney general may bring a suit in a district
court in Travis County to enforce a final order from which an appeal
under this chapter has not been taken. In the suit and on the
request of the attorney general, the court may order payment of
attorney's fees and other costs of court.
(r) A penalty collected under this section shall be remitted
to the comptroller for deposit in the general revenue fund.
Added by Acts 1995, 74th Leg., ch. 76, § 9.11(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 905, § 3, eff. Sept. 1, 1995.
§ 51.034. INJUNCTION: ATTORNEY GENERAL'S ACTION. The
attorney general may seek injunctive relief in district court
against an employer who repeatedly violates the requirements
established by this chapter relating to the employment of children.
Added by Acts 1995, 74th Leg., ch. 76, § 9.11(a), eff. Sept. 1,
1995.
SUBCHAPTER E. COLLECTION OF PENALTY
§ 51.041. DEFINITION. In this subchapter, "asset"
means:
(1) a credit, bank, or savings account or deposit; or
(2) any other intangible or personal property.
Added by Acts 1995, 74th Leg., ch. 905, § 4, eff. Sept. 1, 1995.
§ 51.042. NOTICE OF DELINQUENCY. (a) If, under a final
order, a person is determined to be delinquent in the payment of any
amount, including penalties, interest, or other amounts due under
this chapter, the commission may notify personally or by mail any
other person who:
(1) possesses or controls an asset belonging to the
delinquent person; or
(2) owes a debt to the delinquent person.
(b) A notice under this section to a state officer,
department, or agency must be given before the officer, department,
or agency presents to the comptroller the claim of the delinquent
person.
(c) A notice under this section may be given at any time
after the amount due under this chapter becomes delinquent. The
notice must state the amount of wages, penalties, interest, or
other amounts due, and any additional amount that will accrue by
operation of law in a period not to exceed 30 days after the date on
which the notice is given and, in the case of a credit, bank, or
savings account or deposit, is effective only up to that amount.
Added by Acts 1995, 74th Leg., ch. 905, § 4, eff. Sept. 1, 1995.
§ 51.043. DUTIES OF NOTICE RECIPIENT. (a) On receipt
of a notice under Section 51.042, the person receiving the notice:
(1) shall advise the commission not later than the
20th day after the date on which the notice is received of each
asset belonging to the delinquent person that is possessed or
controlled by the person receiving the notice and of each debt owed
by the person receiving the notice to the delinquent person; and
(2) unless the commission consents to an earlier
disposition, may not transfer or dispose of the asset or debt
possessed, controlled, or owed by the person receiving the notice
on the date the person received the notice during the 60-day period
after the date of receipt of the notice.
(b) A notice under Section 51.042 that attempts to prohibit
the transfer or disposition of an asset possessed or controlled by a
bank is effective if it is delivered or mailed to the principal or
any branch office of the bank, including the office of the bank at
which the deposit is carried or the credit or property is held.
(c) A person who receives a notice under this subchapter and
who transfers or disposes of an asset or debt in a manner that
violates Subsection (a)(2) is liable to the commission for the
amount of the indebtedness of the delinquent person with respect to
whose obligation the notice was given, to the extent of the value of
the affected asset or debt.
Added by Acts 1995, 74th Leg., ch. 905, § 4, eff. Sept. 1, 1995.
§ 51.044. LEVY. (a) At any time during the 60-day
period provided by Section 51.043(a)(2), the commission may levy on
the asset or debt by delivery of a notice of levy.
(b) On receipt of the levy notice, the person possessing the
asset or debt shall transfer the asset to the commission or pay to
the commission the amount owed to the delinquent person.
Added by Acts 1995, 74th Leg., ch. 905, § 4, eff. Sept. 1, 1995.
§ 51.045. NOTICE EFFECT. A notice delivered under this
subchapter is effective:
(1) at the time of delivery against all property,
rights to property, credits, and debts involving the delinquent
person that are not, as of the date of the notice, subject to a
preexisting lien, attachment, garnishment, or execution issued
through a judicial process; and
(2) against all property, rights to property, credits,
or debts involving the delinquent person that come into the
possession or control of the person served with the notice during
the 60-day period provided by Section 51.043(a)(2).
Added by Acts 1995, 74th Leg., ch. 905, § 4, eff. Sept. 1, 1995.
§ 51.046. DISCHARGE OF LIABILITY. A person acting in
accordance with the terms of a notice issued by the commission under
this subchapter is discharged from any obligation or liability to
the delinquent person with respect to the affected property, rights
to property, credits, and debts of the person affected by
compliance with the notice of freeze or levy.
Added by Acts 1995, 74th Leg., ch. 905, § 4, eff. Sept. 1, 1995.
