CHAPTER 143. INDUSTRIAL HOMEWORK - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE G. LICENSES

CHAPTER 143. INDUSTRIAL HOMEWORK

Sec. 143.001. DEFINITIONS. In this chapter:

(1) "Employer" means a person who, directly, indirectly, or

through an employee, agent, independent contractor, or any other

person, delivers to another person materials for articles that

are:

(A) to be manufactured in a home and returned to the employer;

and

(B) not for the personal use of the employer or a member of the

employer's family.

(2) "Home" means a room, house, apartment, or other premises,

whichever is most extensive, that is used in whole or in part as

a dwelling.

(3) "Industrial homework" means the manufacture, in a home, of

articles for an employer.

(4) "Manufacture" includes preparation, alteration, repair, or

finishing, in whole or in part, for profit or compensation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.002. EMPLOYER'S PERMIT REQUIRED. (a) An employer may

not deliver materials for industrial homework to any person in

this state without an employer's permit issued by the board.

(b) If the employer is not a resident of this state, the

employer's agent must hold the employer's permit.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.003. EMPLOYER'S PERMIT APPLICATION AND ISSUANCE; TERM.

(a) An applicant must apply for an employer's permit in the form

prescribed by board rule.

(b) The application must be accompanied by a $50 permit fee.

(c) An employer's permit is valid for one year from the date of

issuance.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.004. SUSPENSION OR REVOCATION OF EMPLOYER'S PERMIT.

The board may suspend or revoke an employer's permit if the board

finds that the employer has violated this chapter or has failed

to comply with a provision of the permit.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.005. HOMEWORKER'S CERTIFICATE REQUIRED. (a) A person

may not engage in industrial homework without a homeworker's

certificate issued by the board.

(b) A homeworker's certificate is valid only for work performed

by the certificate holder in the certificate holder's home.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.006. HOMEWORKER'S CERTIFICATE APPLICATION AND ISSUANCE;

TERM. (a) An applicant must apply for a homeworker's

certificate in the form prescribed by board rule. Each applicant

must present a health certificate or other evidence of good

health as required by the board.

(b) The application must be accompanied by a fee in an amount

set by the board, but not to exceed 50 cents.

(c) A homeworker's certificate is valid for one year from the

date of issuance.

(d) The board may not issue a homeworker's certificate to a

person who:

(1) is younger than 15 years of age;

(2) suffers from a communicable disease; or

(3) lives in a home that is not clean, sanitary, and free from

communicable diseases.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.007. SUSPENSION OR REVOCATION OF HOMEWORKER'S

CERTIFICATE. The board may suspend or revoke a homeworker's

certificate if the board finds that the industrial homeworker:

(1) is performing industrial homework in violation of the

conditions under which the certificate was issued or in violation

of this chapter; or

(2) has allowed a person who does not hold a homeworker's

certificate to assist the homeworker in performing the industrial

homework.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.008. PROHIBITION ON ISSUANCE OF PERMIT OR CERTIFICATE.

The board may not issue an employer's permit or a homeworker's

certificate to authorize industrial homework or the delivery of

materials for industrial homework if the board determines that

the industrial homework:

(1) is injurious to the health or welfare of industrial

homeworkers in that industry or to the public; or

(2) makes it unduly difficult to maintain or enforce health

standards established by law or rule for factory workers in that

industry.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.009. ORDER PROHIBITING CERTAIN INDUSTRIAL HOMEWORK;

HEARING. (a) The board by order shall prohibit industrial

homework in a certain industry and shall require employers in

that industry to stop delivering in this state any materials for

that industrial homework if the board determines, after

investigation, that the industrial homework may not be continued

in that industry without injuring the health and welfare of

industrial homeworkers in that industry or of the public.

(b) Before adopting an order under Subsection (a), the board

must hold a public hearing at which an opportunity to be heard

must be afforded to any person having an interest in the subject

matter of the hearing, including:

(1) an employer or a representative of employers; or

(2) an industrial homeworker or a representative of industrial

homeworkers.

(c) The board must give public notice of the hearing:

(1) not later than the 30th day before the date on which the

hearing is held; and

(2) in a manner determined by the board.

(d) The board shall hold the hearing in the place the board

determines to be most convenient to the employers and industrial

homeworkers affected by the order.

(e) The board shall determine the effective date of the order,

which may not be less than 90 days after the date of its

adoption.

(f) After an order becomes effective, a person holding an

employer's permit may not deliver materials for the industrial

homework prohibited by the order.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.010. GENERAL POWERS AND DUTIES OF BOARD. (a) The

board may adopt rules necessary to implement this chapter and

shall enforce this chapter.

(b) The board or the board's representative shall conduct all

inspections and investigations necessary to enforce this chapter.

(c) The board or the board's representative may:

(1) administer oaths;

(2) take affidavits;

(3) issue subpoenas;

(4) compel the attendance of witnesses and the production of

books, contracts, documents, or any other evidence;

(5) hear testimony under oath; and

(6) take depositions of witnesses who reside in this state or

outside this state in the manner provided by law for similar

depositions in civil actions in a justice court.

(d) A subpoena or commission to take testimony shall be issued

under the seal of the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.011. PROHIBITION ON CERTAIN DELIVERIES BY EMPLOYER. An

employer may not deliver or cause to be delivered any materials

for industrial homework to a person who does not possess an

employer's permit or a homeworker's certificate issued in

accordance with this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.012. RECORD REQUIREMENTS; INVESTIGATION. (a) A person

who holds an employer's permit may not deliver or cause to be

delivered or received materials for industrial homework or

receive an article as a result of industrial homework unless the

employer keeps a record of:

(1) the persons engaged in industrial homework on materials

delivered by that employer;

(2) the places where those persons work;

(3) the articles that those persons have manufactured;

(4) the agents or contractors to whom the employer has delivered

materials for industrial homework; and

(5) the persons from whom the employer has received materials

for industrial homework.

(b) The employer shall maintain and report the information in

the manner prescribed by board rule and on forms that the board

may provide.

(c) The information and records required by this section may be

used by the board only to enforce this chapter and may not be

published or disclosed except to representatives of the board

enforcing this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.013. LABEL REQUIREMENT. (a) An employer may not

deliver or cause to be delivered materials for industrial

homework unless there has been conspicuously affixed to those

materials a label or other identifying trademark that bears the

employer's name and address printed or written legibly in

English.

(b) The label must be affixed to the package or container in

which the materials are delivered or are to be kept if it is

impossible to affix the label to the materials.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.014. DISPOSITION OF UNLAWFULLY MANUFACTURED ARTICLES.

(a) The board may remove from a home articles that are being

manufactured in the home in violation of this chapter and

materials used to manufacture those articles.

(b) The board shall give notice of the removal by registered

mail to the person whose name and address are affixed to the

materials as provided by Section 143.013.

(c) The board may retain the materials or articles until they

are claimed by the employer, and if they are not claimed before

the 31st day after the date on which the notice is sent, the

board may destroy or otherwise dispose of the materials or

articles.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 143.015. CRIMINAL PENALTY. (a) An employer commits an

offense if the employer:

(1) violates Section 143.002;

(2) refuses to allow the board or its representative to enter

the employer's place of business to conduct an investigation

authorized by this chapter;

(3) refuses to permit the board or its representative to inspect

or copy the employer's records or other documents related to the

enforcement of this chapter;

(4) makes an oral statement that the employer is required by the

commissioner to make and the statement made is false; or

(5) otherwise violates this chapter or any provision of the

employer's permit.

(b) A person commits an offense if the person violates a rule

adopted by the board.

(c) An offense under this section is a misdemeanor punishable by

a fine of not less than $25 or more than $200, imprisonment for

not less than 30 days or more than 60 days, or both.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.