S.B. No. 245

relating to local government authorization of charitable solicitation by a pedestrian. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. NAME OF ACT. This Act may be cited as the Sean McKinnis Charitable Solicitation Act. SECTION 2. AMENDMENT. Chapter 552, Transportation Code, is amended by adding Section 552.0071 to read as follows: 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. SECTION 3. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 245 passed the Senate on March 31, 2005, by the following vote: Yeas 30, Nays 0; and that the Senate concurred in House amendment on April 26, 2005, by the following vote: Yeas 27, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 245 passed the House, with amendment, on April 22, 2005, by the following vote: Yeas 141, Nays 1, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor