CHAPTER 51. EMPLOYMENT OF CHILDREN
LABOR CODE
TITLE 2. PROTECTION OF LABORERS
SUBTITLE B. RESTRICTIONS ON LABOR
CHAPTER 51. EMPLOYMENT OF CHILDREN
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 51.002. DEFINITIONS. In this chapter:
(1) "Child" means an individual under 18 years of age.
(2) "Commission" means the Texas Workforce Commission.
(3) "Delivery of newspapers" means the distribution of
newspapers on or the maintenance of a newspaper route. The term
does not include direct sales of newspapers to the general
public.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
648, Sec. 1, eff. September 1, 2005.
Sec. 51.003. GENERAL EXEMPTIONS. (a) This chapter does not
apply to employment of a child:
(1) employed:
(A) in 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) 11 years or older 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;
(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; or
(7) 16 years or older engaged in the direct sale of newspapers
to the general public.
(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, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
648, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1184, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. RESTRICTIONS ON EMPLOYMENT
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 501, Sec. 1, eff. Sept. 1,
1995.
Sec. 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. Sept. 1,
1999.
Sec. 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, Sec. 1, eff. Aug. 28,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.213, eff.
Sept. 1, 1997.
Sec. 51.016. SEXUALLY ORIENTED BUSINESSES. (a) In this
section, "sexually oriented business" has the meaning assigned by
Section 243.002, Local Government Code.
(b) A sexually oriented business may not employ an individual
younger than 18 years of age.
(c) A sexually oriented business shall maintain at the business
a record that contains a copy of a valid proof of identification
of each employee or independent contractor working at the
premises of the business.
(d) A proof of identification satisfies the requirements of
Subsection (c) if the identification:
(1) contains a physical description and photograph consistent
with the person's appearance;
(2) contains the date of birth of the person; and
(3) was issued by a government agency.
(e) The form of identification under Subsection (c) may include:
(1) a driver's license issued by this state or another state;
(2) a passport; or
(3) an identification card issued by this or another state or
the federal government.
(f) A sexually oriented business shall maintain a record under
this section for at least two years after the date the employee
or independent contractor ends employment with or a contractual
obligation to the business.
(g) The requirements of Subsections (c) and (f) do not apply
with regard to an independent contractor who contracts with a
sexually oriented business solely to perform repair, maintenance,
or construction services at the business.
(h) The commission, the attorney general, or a local law
enforcement agency may inspect a record maintained under this
section if there is good reason to believe that an individual
younger than 18 years of age is employed or has been employed by
the sexually oriented business within the two years preceding the
date of the inspection.
(i) A person commits an offense if the person:
(1) fails to maintain a record as required by this section; or
(2) knowingly or intentionally hinders an inspection authorized
under Subsection (h).
Added by Acts 2009, 81st Leg., R.S., Ch.
489, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 905, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 2, eff. Sept. 1,
1995.
SUBCHAPTER D. PENALTY AND DEFENSE
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.10(a), eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 501, Sec. 2, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 648, Sec. 2, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 9.11(a), eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 905, Sec. 3, eff. Sept. 1,
1995.
Sec. 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, Sec. 9.11(a), eff. Sept.
1, 1995.
SUBCHAPTER E. COLLECTION OF PENALTY
Sec. 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, Sec. 4, eff. Sept. 1,
1995.
Sec. 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, Sec. 4, eff. Sept. 1,
1995.
Sec. 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, Sec. 4, eff. Sept. 1,
1995.
Sec. 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, Sec. 4, eff. Sept. 1,
1995.
Sec. 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, Sec. 4, eff. Sept. 1,
1995.
Sec. 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, Sec. 4, eff. Sept. 1,
1995.