The commission must declare certain occupations hazardous and may restrict child employment in those occupations; violating a rule can be an offense.
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.