Texas Labor Code 51.014 – Hazardous Occupations
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(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.
Terms Used In Texas Labor Code 51.014
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(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 § 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.