HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE G.  LICENSES AND OTHER REGULATION

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.