S.B. No. 245




AN ACT

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