A local authority must grant authorization for certain roadway charitable solicitation, and applicants must file a written application on time and provide required details plus at least $1 million in liability insurance.
Sec. 552.0071. LOCAL AUTHORIZATION FOR SOLICITATION BY PEDESTRIAN. (a) A local authority shall grant authorization for a person to stand in a roadway to solicit a charitable contribution as provided by Section 552.007(a) if the persons to be engaged in the solicitation are employees or agents of the local authority and the other requirements of this section are met. (b) A person seeking authorization under this section shall file a written application with the local authority not later than the 11th day before the date the solicitation is to begin. The application must include: (1) the date or dates and times when the solicitation is to occur; (2) each location at which solicitation is to occur; and (3) the number of solicitors to be involved in solicitation at each location. (c) This section does not prohibit a local authority from requiring a permit or the payment of reasonable fees to the local authority. (d) The applicant shall also furnish to the local authority advance proof of liability insurance in the amount of at least $1 million to cover damages that may arise from the solicitation. The insurance must provide coverage against claims against the applicant and claims against the local authority. (e) A local authority, by acting under this section or Section 552.007, does not waive or limit any immunity from liability applicable under law to the local authority. The issuance of an authorization under this section and the conducting of the solicitation authorized is a governmental function of the local authority. (f) Notwithstanding any provision of this section, the existing rights of individuals or organizations under Section 552.007 are not impaired. (g) For purposes of a solicitation under Subsection (a), a roadway is defined to include the roadbed, shoulder, median, curbs, safety zones, sidewalks, and utility easements located adjacent to or near the roadway. Added by Acts 2005, 79th Leg., Ch. 12 (S.B. 245), Sec. 2, eff. May 3, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 333 (H.B. 3089), Sec. 1, eff. June 15, 2007.