By Brimer H.B. No. 1549
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of a business in the State of Texas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. OFFICE OF SMALL BUSINESS ASSISTANCE
1-5 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-6 adding Chapter 309 to read as follows:
1-7 CHAPTER 309. OFFICE OF SMALL BUSINESS ASSISTANCE
1-8 Sec. 309.001. DEFINITION. In this chapter, "office" means
1-9 the Office of Small Business Assistance.
1-10 Sec. 309.002. OFFICE OF SMALL BUSINESS ASSISTANCE. The
1-11 Office of Small Business Assistance is an office within the
1-12 commission.
1-13 Sec. 309.003. SMALL BUSINESS DIRECTOR. The office is
1-14 administered by a director appointed by the commission and approved
1-15 by the governor.
1-16 Sec. 309.004. DUTIES. The office shall:
1-17 (1) determine the availability of financial and other
1-18 resources to small and historically underutilized businesses and
1-19 recommend methods for:
1-20 (A) increasing the availability of equity
1-21 capital and other forms of financial assistance to small and
2-1 historically underutilized businesses;
2-2 (B) generating markets for the goods and
2-3 services of small and historically underutilized businesses;
2-4 (C) providing more effective education,
2-5 training, and management and technical assistance to small and
2-6 historically underutilized businesses; and
2-7 (D) providing assistance to small and
2-8 historically underutilized businesses in complying with federal,
2-9 state, and local laws;
2-10 (2) serve as a focal point for receiving comments and
2-11 suggestions concerning state government policies and activities
2-12 that affect small and historically underutilized businesses;
2-13 (3) assist small and historically underutilized
2-14 businesses by:
2-15 (A) identifying:
2-16 (i) sources of financial assistance for
2-17 those businesses; and
2-18 (ii) financial barriers to those
2-19 businesses;
2-20 (B) working with relevant organizations to
2-21 identify financing programs that aid small businesses in overcoming
2-22 financial barriers;
2-23 (C) matching those businesses with sources of
2-24 financial assistance and credit enhancement; and
2-25 (D) assisting those businesses with the
3-1 preparation of applications for government loans, loan guarantees,
3-2 and credit enhancement programs;
3-3 (4) assist small and historically underutilized
3-4 businesses in their dealings with federal, state, and local
3-5 governmental agencies and provide information regarding
3-6 governmental requirements affecting small and historically
3-7 underutilized businesses; and
3-8 (5) establish an outreach program to make the
3-9 existence of the office known to small and historically
3-10 underutilized businesses and potential clients throughout the
3-11 state.
3-12 Sec. 309.005. STATE AGENCY ASSISTANCE. On request of the
3-13 office, each state agency shall furnish the office with reports and
3-14 other information necessary to enable the office to carry out the
3-15 purposes of this chapter.
3-16 Sec. 309.006. GIFTS AND DONATIONS. The office may accept
3-17 gifts, grants, and donations from any source for the purpose of
3-18 performing specific projects and studies or to provide assistance
3-19 to small businesses.
3-20 Sec. 309.007. REPORT. Not later than September 1 of each
3-21 even-numbered year, the commission shall submit to the governor and
3-22 the legislature a report containing specific information regarding
3-23 each of the functions performed by the office, including
3-24 recommendations regarding issues that affect small businesses of
3-25 the state.
4-1 SECTION 2. Section 481.0068, Government Code, is repealed.
4-2 SECTION 3. The Office of Small Business Assistance within
4-3 the Department of Economic Development is abolished and its powers
4-4 and duties are transferred to the Office of Small Business
4-5 Assistance within the Texas Workforce Commission.
4-6 SECTION 4. This article takes effect September 1, 1999.
4-7 ARTICLE 2. UNEMPLOYMENT INSURANCE TAX
4-8 SECTION 1. Section 204.006(a), Labor Code, is amended to
4-9 read as follows:
4-10 (a) A person's contribution rate for the calendar year in
4-11 which the person becomes an employer is the greater of:
4-12 (1) the rate established for that year for the major
4-13 group to which the employer is assigned under Section 204.004; or
4-14 (2) five-tenths [two and seven tenths] percent.
4-15 SECTION 2. Section 204.0065, Labor Code, is amended to read
4-16 as follows:
4-17 Sec. 204.0065. TEMPORARY INITIAL CONTRIBUTION RATE.
4-18 Notwithstanding Section 204.006, [on and after January 1, 1994,] a
4-19 person's contribution rate shall be four-tenths [two and
4-20 six-tenths] percent until the date the experience rate computed
4-21 under Section 204.041 takes effect for the employer. This section
4-22 expires December 31, 1999.
4-23 SECTION 3. This article takes effect September 1, 1999, and
4-24 applies only to computation of an unemployment compensation
4-25 contribution rate made by the Texas Workforce Commission on or
5-1 after that date. A contribution rate computed before that date is
5-2 governed by the law in effect on the date the rate was computed,
5-3 and the former law is continued in effect for that purpose.
5-4 ARTICLE 3. SEXUAL EXPLOITATION BY A MENTAL HEALTH
5-5 SERVICES PROVIDER
5-6 SECTION 1. Section 81.006(a), Civil Practices and Remedies
5-7 Code, is amended to read as follows:
5-8 (a) If a mental health services provider or the employer of
5-9 a mental health services provider has reasonable cause to suspect
5-10 that a patient has been the victim of sexual exploitation by a
5-11 mental health services provider during the course of treatment, or
5-12 if a patient alleges sexual exploitation by a mental health
5-13 services provider during the course of treatment, the mental health
5-14 services provider or the employer shall report the alleged conduct
5-15 not later than the 7th [30th] day after the date the person became
5-16 aware of the conduct or the allegations to:
5-17 (1) the prosecuting attorney in the county in which
5-18 the alleged sexual exploitation occurred; and
5-19 (2) any state licensing board that has responsibility
5-20 for the mental health services provider's licensing.
5-21 SECTION 2. This article takes effect September 1, 1999.
5-22 ARTICLE 4. FRANCHISE TAX
5-23 SECTION 1. Section 171.052, Tax Code, is amended to read as
5-24 follows:
5-25 Sec. 171.052. CERTAIN CORPORATIONS. A corporation that is
6-1 an insurance company, surety, guaranty, or fidelity company now
6-2 required to pay or who pays [an annual] a tax at least once a year
6-3 measured by their gross receipts is exempted from the franchise
6-4 tax.
6-5 SECTION 2. This article takes effect September 1, 1999.
6-6 ARTICLE 5. SALES AND USE TAX
6-7 SECTION 1. Section 151.7031, Tax Code, is amended to read as
6-8 follows:
6-9 Sec. 151.7031. FAILURE TO REPORT ON THREE OR MORE OCCASIONS;
6-10 CIVIL PENALTY. A person who is required to file a report under
6-11 this chapter, who fails to file the report under this chapter, and
6-12 who has on two or more previous occasions failed to file a timely
6-13 report under this chapter shall pay an additional penalty of $[50]
6-14 S250. The penalty provided by this section is assessed without
6-15 regard to whether the taxpayer subsequently files the report or
6-16 whether no taxes were due from the taxpayer for the reporting
6-17 period under the required report.
6-18 SECTION 2. This Act takes effect September 1, 1999.
6-19 ARTICLE 6. INSURANCE
6-20 SECTION 1. Subchapter A, Chapter 26, Article 26.04,
6-21 Insurance Code, is amended to read as follows:
6-22 Art. 26.04. RULES. The commissioner shall adopt rules as
6-23 necessary to implement this chapter and to meet the minimum
6-24 requirements of federal law and regulations, and shall recommend to
6-25 the Legislature changes in law to promote quality, cost effective
7-1 health care for large and small employers.
7-2 SECTION 2. This article takes effect September 1, 1999.
7-3 ARTICLE 7. EMERGENCY
7-4 SECTION 1. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.