By Giddings                                           H.B. No. 1292
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the definition of a small business.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 481.101(3), Government Code, is amended
    1-5  to read as follows:
    1-6              (3)  "Small business" means a corporation, partnership,
    1-7  sole proprietorship, or other legal entity that:
    1-8                    (A)  is formed for the purpose of making a
    1-9  profit;
   1-10                    (B)  is independently owned and operated; and
   1-11                    (C)  has fewer than 50 full-time equivalent <100>
   1-12  employees, as that term is described by Section 2052.102, or less
   1-13  than $3 million <$1 million> in annual gross receipts.
   1-14        SECTION 2.  Section 481.191(4), Government Code, is amended
   1-15  to read as follows:
   1-16              (4)  "Small business" has the meaning assigned by
   1-17  Section 481.101 <means a corporation, partnership, sole
   1-18  proprietorship, or other legal entity that:>
   1-19                    <(A)  is domiciled in this state;>
   1-20                    <(B)  is formed to make a profit;>
   1-21                    <(C)  is independently owned and operated; and>
   1-22                    <(D)  employs fewer than 100 full-time
   1-23  employees>.
   1-24        SECTION 3.  Section 481.231(2), Government Code, is amended
    2-1  to read as follows:
    2-2              (2)  "Small business" has the meaning assigned by
    2-3  Section 481.101 <means a corporation, partnership, sole
    2-4  proprietorship, or other legal entity that:>
    2-5                    <(A)  is domiciled in this state;>
    2-6                    <(B)  is formed to make a profit;>
    2-7                    <(C)  is independently owned and operated; and>
    2-8                    <(D)  employs fewer than 25 full-time employees>.
    2-9        SECTION 4.  Section 481.301(1), Government Code, is amended
   2-10  to read as follows:
   2-11              (1)  "Small business" has the meaning assigned by
   2-12  Section 481.101 <means a corporation, partnership, sole
   2-13  proprietorship, joint venture, or other business entity operating
   2-14  as a for-profit concern, having not more than 500 employees,
   2-15  including employees employed by any subsidiary or affiliated
   2-16  business entity, that otherwise meets the requirements of the
   2-17  federal small business innovation research program>.
   2-18        SECTION 5.  Section 2006.001(1), Government Code, is amended
   2-19  to read as follows:
   2-20              (1)  "Small business" has the meaning assigned by
   2-21  Section 481.101 <means a legal entity, including a corporation,
   2-22  partnership, or sole proprietorship that:>
   2-23                    <(A)  is formed for the purpose of making a
   2-24  profit;>
   2-25                    <(B)  is independently owned and operated; and>
   2-26                    <(C)  has fewer than 100 employees or less than
   2-27  $1 million in annual gross receipts>.
    3-1        SECTION 6.  Section 2006.011(2), Government Code, is amended
    3-2  to read as follows:
    3-3              (2)  "Small business" has the meaning assigned by
    3-4  Section 481.101 <means a legal entity, including a corporation,
    3-5  partnership, or sole proprietorship that:>
    3-6                    <(A)  is formed for the purpose of making a
    3-7  profit;>
    3-8                    <(B)  is independently owned and operated;>
    3-9                    <(C)  is not a publicly held corporation; and>
   3-10                    <(D)  has fewer than 100 employees or less than
   3-11  $1 million in annual gross receipts at the end of the fiscal year
   3-12  preceding the year of the filing of an administrative adjudicatory
   3-13  proceeding or civil action in which the entity is seeking recovery
   3-14  under this subchapter>.
   3-15        SECTION 7.  Article 26.02(21), Insurance Code, is amended to
   3-16  read as follows:
   3-17              (21)  "Small employer" means a person or an entity that
   3-18  is actively engaged in business and that, on at least 50 percent of
   3-19  its working days during the preceding calendar year, employed at
   3-20  least three but not more than 50 eligible employees, including the
   3-21  employees of an affiliated employer, the majority of whom were
   3-22  employed in this state.
   3-23        SECTION 8.  Section 4.02(d), Workforce and Economic
   3-24  Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
   3-25  Statutes), is amended to read as follows:
   3-26        (d)  In this section:
   3-27              (1)  "general purpose business organization" means an
    4-1  organization that admits to membership any for-profit business
    4-2  operating within the workforce development area; and
    4-3              (2)  "small business" has the meaning assigned by
    4-4  Section 481.101, Government Code <means a private for-profit
    4-5  enterprise employing not more than 500 employees>.
    4-6        SECTION 9.  This Act takes effect September 1, 1995.
    4-7        SECTION 10.  The importance of this legislation and the
    4-8  crowded condition of the calendars in both houses create an
    4-9  emergency and an imperative public necessity that the
   4-10  constitutional rule requiring bills to be read on three several
   4-11  days in each house be suspended, and this rule is hereby suspended.