By Garcia                                             H.B. No. 2022
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appointment of a small business advocate to head
 1-3     the Office of Small Business Assistance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 481.0068(a), (b), and (e), Government
 1-6     Code, are amended to read as follows:
 1-7           (a)  The Office of Small Business Assistance is an office
 1-8     within the department and shall be headed by a small business
 1-9     advocate appointed by the governor [director].  To be eligible to
1-10     serve as the small business advocate, a person must have
1-11     demonstrated a strong commitment to and involvement in small
1-12     business efforts.  The small business advocate serves at the will
1-13     of the governor.
1-14           (b)  The Office of Small Business Assistance shall:
1-15                 (1)  examine the role of small and historically
1-16     underutilized businesses in the state's economy and the
1-17     contribution of small and historically underutilized businesses in
1-18     generating economic activity, expanding employment opportunities,
1-19     promoting exports, stimulating innovation and entrepreneurship, and
1-20     bringing new and untested products and services to the marketplace;
1-21                 (2)  serve as the principal focal point in the state
1-22     for small and historically underutilized businesses by:
1-23                       (A)  providing to the legislature information on
1-24     the effects of proposed policies or actions;
 2-1                       (B)  assisting state agencies in determining the
 2-2     impact proposed rules have on small businesses as required by
 2-3     Section 2006.002; and
 2-4                       (C)  assisting the agencies in reducing the
 2-5     adverse effect that rules have on small businesses, if appropriate;
 2-6                 (3)  evaluate the effectiveness of efforts of state
 2-7     agencies and other entities to assist small and historically
 2-8     underutilized businesses and make appropriate recommendations to
 2-9     the legislature and state agencies to assist the development and
2-10     strengthening of small and historically underutilized businesses;
2-11                 (4)  identify regulations that inhibit small and
2-12     historically underutilized business development and to the extent
2-13     possible identify conflicting state policy goals;
2-14                 (5)  determine the availability of financial and other
2-15     resources to small and historically underutilized businesses and
2-16     recommend methods for:
2-17                       (A)  increasing the availability of equity
2-18     capital and other forms of financial assistance to small and
2-19     historically underutilized businesses;
2-20                       (B)  generating markets for the goods and
2-21     services of small and historically underutilized businesses;
2-22                       (C)  providing more effective education,
2-23     training, and management and technical assistance to small and
2-24     historically underutilized businesses; and
2-25                       (D)  providing assistance to small and
2-26     historically underutilized businesses in complying with federal,
2-27     state, and local laws;
 3-1                 (6)  identify the reasons for small and historically
 3-2     underutilized business successes and failures, ascertain the
 3-3     related factors that are particularly important in this state, and
 3-4     recommend actions for increasing the success rate of small and
 3-5     historically underutilized businesses;
 3-6                 (7)  serve as a focal point for receiving comments and
 3-7     suggestions concerning state government policies and activities
 3-8     that affect small and historically underutilized businesses;
 3-9                 (8)  develop and suggest proposals for changes in state
3-10     policies and activities that adversely affect small and
3-11     historically underutilized businesses;
3-12                 (9)  provide to state agencies information on the
3-13     effects of proposed policies or actions that affect small and
3-14     historically underutilized businesses;
3-15                 (10)  provide information and assistance relating to
3-16     establishing, operating, or expanding small and historically
3-17     underutilized businesses;
3-18                 (11)  assist small and historically underutilized
3-19     businesses by:
3-20                       (A)  identifying:
3-21                             (i)  sources of financial assistance for
3-22     those businesses; and
3-23                             (ii)  financial barriers to those
3-24     businesses;
3-25                       (B)  working with relevant organizations to
3-26     identify financing programs that aid small businesses in overcoming
3-27     financial barriers;
 4-1                       (C)  matching those businesses with sources of
 4-2     financial assistance and credit enhancement; and
 4-3                       (D)  assisting those businesses with the
 4-4     preparation of applications for government loans, loan guarantees,
 4-5     and credit enhancement programs;
 4-6                 (12)  sponsor meetings, to the extent practicable in
 4-7     cooperation with public and private educational institutions, to
 4-8     provide training and disseminate information beneficial to small
 4-9     and historically underutilized businesses;
4-10                 (13)  assist small and historically underutilized
4-11     businesses in their dealings with federal, state, and local
4-12     governmental agencies and provide information regarding
4-13     governmental requirements affecting small and historically
4-14     underutilized businesses;
4-15                 (14)  perform research, studies, and analyses of
4-16     matters affecting the interests of small and historically
4-17     underutilized businesses;
4-18                 (15)  use available resources within the state, such as
4-19     small business development centers, educational institutions, and
4-20     nonprofit associations, to coordinate the provision of management
4-21     and technical assistance to small and historically underutilized
4-22     businesses in a systematic manner;
4-23                 (16)  publish newsletters, brochures, and other
4-24     documents containing information useful to small and historically
4-25     underutilized businesses;
4-26                 (17)  identify successful small and historically
4-27     underutilized business assistance programs provided by other states
 5-1     and determine the feasibility of adapting those programs for
 5-2     implementation in this state;
 5-3                 (18)  establish an outreach program to make the
 5-4     existence of the office known to small and historically
 5-5     underutilized businesses and potential clients throughout the
 5-6     state;
 5-7                 (19)  enlist the cooperation and assistance of public
 5-8     and private agencies, businesses, and other organizations in
 5-9     disseminating information about the programs and services provided
5-10     by the state that benefit small businesses and how small businesses
5-11     can participate in or make use of those programs and services;
5-12                 (20)  defer to the small business stationary source
5-13     assistance program as defined by Section 382.0365, Health and
5-14     Safety Code, on advocacy and technical assistance related to
5-15     environmental programs that regulate small businesses; [and]
5-16                 (21)  develop a "one-stop" approach for all small
5-17     business needs, including competitive activity with state agencies
5-18     and political subdivisions; and
5-19                 (22)  perform any other functions necessary to carry
5-20     out the purposes of this section.
5-21           (e)  Not later than September 1 of each even-numbered year,
5-22     the department shall submit to the governor, governing board, and
5-23     the legislature a report containing specific information regarding
5-24     each of the functions performed by the Office of Small Business
5-25     Assistance, including recommendations regarding issues that affect
5-26     small businesses of the state.
5-27           SECTION 2.  As soon as possible after the effective date of
 6-1     this Act, the governor shall appoint a small business advocate as
 6-2     required by Section 481.0068, Government Code, as amended by this
 6-3     Act.
 6-4           SECTION 3.  This Act takes effect September 1, 1999.
 6-5           SECTION 4.  The importance of this legislation and the
 6-6     crowded condition of the calendars in both houses create an
 6-7     emergency and an imperative public necessity that the
 6-8     constitutional rule requiring bills to be read on three several
 6-9     days in each house be suspended, and this rule is hereby suspended.