By Giddings H.B. No. 1292
74R4969 LJR-D
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 <100> employees or less
1-12 than $3 million <$1 million> in annual gross receipts.
1-13 SECTION 2. Section 481.191(4), Government Code, is amended
1-14 to read as follows:
1-15 (4) "Small business" has the meaning assigned by
1-16 Section 481.101 <means a corporation, partnership, sole
1-17 proprietorship, or other legal entity that:>
1-18 <(A) is domiciled in this state;>
1-19 <(B) is formed to make a profit;>
1-20 <(C) is independently owned and operated; and>
1-21 <(D) employs fewer than 100 full-time
1-22 employees>.
1-23 SECTION 3. Section 481.231(2), Government Code, is amended
1-24 to read as follows:
2-1 (2) "Small business" has the meaning assigned by
2-2 Section 481.101 <means a corporation, partnership, sole
2-3 proprietorship, or other legal entity that:>
2-4 <(A) is domiciled in this state;>
2-5 <(B) is formed to make a profit;>
2-6 <(C) is independently owned and operated; and>
2-7 <(D) employs fewer than 25 full-time employees>.
2-8 SECTION 4. Section 481.301(1), Government Code, is amended
2-9 to read as follows:
2-10 (1) "Small business" has the meaning assigned by
2-11 Section 481.101 <means a corporation, partnership, sole
2-12 proprietorship, joint venture, or other business entity operating
2-13 as a for-profit concern, having not more than 500 employees,
2-14 including employees employed by any subsidiary or affiliated
2-15 business entity, that otherwise meets the requirements of the
2-16 federal small business innovation research program>.
2-17 SECTION 5. Section 2006.001(1), Government Code, is amended
2-18 to read as follows:
2-19 (1) "Small business" has the meaning assigned by
2-20 Section 481.101 <means a legal entity, including a corporation,
2-21 partnership, or sole proprietorship that:>
2-22 <(A) is formed for the purpose of making a
2-23 profit;>
2-24 <(B) is independently owned and operated; and>
2-25 <(C) has fewer than 100 employees or less than
2-26 $1 million in annual gross receipts>.
2-27 SECTION 6. Section 2006.011(2), Government Code, is amended
3-1 to read as follows:
3-2 (2) "Small business" has the meaning assigned by
3-3 Section 481.101 <means a legal entity, including a corporation,
3-4 partnership, or sole proprietorship that:>
3-5 <(A) is formed for the purpose of making a
3-6 profit;>
3-7 <(B) is independently owned and operated;>
3-8 <(C) is not a publicly held corporation; and>
3-9 <(D) has fewer than 100 employees or less than
3-10 $1 million in annual gross receipts at the end of the fiscal year
3-11 preceding the year of the filing of an administrative adjudicatory
3-12 proceeding or civil action in which the entity is seeking recovery
3-13 under this subchapter>.
3-14 SECTION 7. Article 26.02(21), Insurance Code, is amended to
3-15 read as follows:
3-16 (21) "Small employer" has the meaning assigned by
3-17 Section 481.101, Government Code, to small business <means a person
3-18 that is actively engaged in business and that, on at least 50
3-19 percent of its working days during the preceding calendar year,
3-20 employed at least three but not more than 50 eligible employees,
3-21 including the employees of an affiliated employer, the majority of
3-22 whom were 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.
4-12 COMMITTEE AMENDMENT NO. 1
4-13 Amend House Bill 1292, Section 7, Article 26.02(21),
4-14 Insurance Code, to read as follows:
4-15 On Page 3 of the bill, strike lines 16 through 22 labeled
4-16 Subsection (21) and substitute the following:
4-17 (21) "Small employer" means a person or an entity that
4-18 is actively engaged in business and that, on at least 50 percent of
4-19 its working days during the preceding calendar year, employed at
4-20 least three but not more than 50 eligible employees, including the
4-21 employees of an affiliated employer, the majority of whom were
4-22 employed in this state.
4-23 Giddings