CHAPTER 51. EMPLOYMENT OF CHILDREN

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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

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.

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.

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.

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

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

(b) The employment of a child to solicit is a hazardous

occupation for purposes of this chapter.

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.

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.

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.

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.

(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.

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.

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.

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