1-1 AN ACT
1-2 relating to the designation 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 designated 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.
1-13 (b) The Office of Small Business Assistance shall:
1-14 (1) examine the role of small and historically
1-15 underutilized businesses in the state's economy and the
1-16 contribution of small and historically underutilized businesses in
1-17 generating economic activity, expanding employment opportunities,
1-18 promoting exports, stimulating innovation and entrepreneurship, and
1-19 bringing new and untested products and services to the marketplace;
1-20 (2) serve as the principal focal point in the state
1-21 for small and historically underutilized businesses by:
1-22 (A) providing to the legislature information on
1-23 the effects of proposed policies or actions;
1-24 (B) assisting state agencies in determining the
2-1 impact proposed rules have on small businesses as required by
2-2 Section 2006.002; and
2-3 (C) assisting the agencies in reducing the
2-4 adverse effect that rules have on small businesses, if appropriate;
2-5 (3) evaluate the effectiveness of efforts of state
2-6 agencies and other entities to assist small and historically
2-7 underutilized businesses and make appropriate recommendations to
2-8 the legislature and state agencies to assist the development and
2-9 strengthening of small and historically underutilized businesses;
2-10 (4) identify regulations that inhibit small and
2-11 historically underutilized business development and to the extent
2-12 possible identify conflicting state policy goals;
2-13 (5) determine the availability of financial and other
2-14 resources to small and historically underutilized businesses and
2-15 recommend methods for:
2-16 (A) increasing the availability of equity
2-17 capital and other forms of financial assistance to small and
2-18 historically underutilized businesses;
2-19 (B) generating markets for the goods and
2-20 services of small and historically underutilized businesses;
2-21 (C) providing more effective education,
2-22 training, and management and technical assistance to small and
2-23 historically underutilized businesses; and
2-24 (D) providing assistance to small and
2-25 historically underutilized businesses in complying with federal,
2-26 state, and local laws;
2-27 (6) identify the reasons for small and historically
3-1 underutilized business successes and failures, ascertain the
3-2 related factors that are particularly important in this state, and
3-3 recommend actions for increasing the success rate of small and
3-4 historically underutilized businesses;
3-5 (7) serve as a focal point for receiving comments and
3-6 suggestions concerning state government policies and activities
3-7 that affect small and historically underutilized businesses;
3-8 (8) develop and suggest proposals for changes in state
3-9 policies and activities that adversely affect small and
3-10 historically underutilized businesses;
3-11 (9) provide to state agencies information on the
3-12 effects of proposed policies or actions that affect small and
3-13 historically underutilized businesses;
3-14 (10) provide information and assistance relating to
3-15 establishing, operating, or expanding small and historically
3-16 underutilized businesses;
3-17 (11) assist small and historically underutilized
3-18 businesses by:
3-19 (A) identifying:
3-20 (i) sources of financial assistance for
3-21 those businesses; and
3-22 (ii) financial barriers to those
3-23 businesses;
3-24 (B) working with relevant organizations to
3-25 identify financing programs that aid small businesses in overcoming
3-26 financial barriers;
3-27 (C) matching those businesses with sources of
4-1 financial assistance and credit enhancement; and
4-2 (D) assisting those businesses with the
4-3 preparation of applications for government loans, loan guarantees,
4-4 and credit enhancement programs;
4-5 (12) sponsor meetings, to the extent practicable in
4-6 cooperation with public and private educational institutions, to
4-7 provide training and disseminate information beneficial to small
4-8 and historically underutilized businesses;
4-9 (13) assist small and historically underutilized
4-10 businesses in their dealings with federal, state, and local
4-11 governmental agencies and provide information regarding
4-12 governmental requirements affecting small and historically
4-13 underutilized businesses;
4-14 (14) perform research, studies, and analyses of
4-15 matters affecting the interests of small and historically
4-16 underutilized businesses;
4-17 (15) use available resources within the state, such as
4-18 small business development centers, educational institutions, and
4-19 nonprofit associations, to coordinate the provision of management
4-20 and technical assistance to small and historically underutilized
4-21 businesses in a systematic manner;
4-22 (16) publish newsletters, brochures, and other
4-23 documents containing information useful to small and historically
4-24 underutilized businesses;
4-25 (17) identify successful small and historically
4-26 underutilized business assistance programs provided by other states
4-27 and determine the feasibility of adapting those programs for
5-1 implementation in this state;
5-2 (18) establish an outreach program to make the
5-3 existence of the office known to small and historically
5-4 underutilized businesses and potential clients throughout the
5-5 state;
5-6 (19) enlist the cooperation and assistance of public
5-7 and private agencies, businesses, and other organizations in
5-8 disseminating information about the programs and services provided
5-9 by the state that benefit small businesses and how small businesses
5-10 can participate in or make use of those programs and services;
5-11 (20) defer to the small business stationary source
5-12 assistance program as defined by Section 382.0365, Health and
5-13 Safety Code, on advocacy and technical assistance related to
5-14 environmental programs that regulate small businesses; [and]
5-15 (21) develop a "one-stop" approach for all small
5-16 business needs, including competitive activity with state agencies
5-17 and political subdivisions; and
5-18 (22) perform any other functions necessary to carry
5-19 out the purposes of this section.
5-20 (e) Not later than September 1 of each even-numbered year,
5-21 the department shall submit to the governor, governing board, and
5-22 the legislature a report containing specific information regarding
5-23 each of the functions performed by the Office of Small Business
5-24 Assistance, including recommendations regarding issues that affect
5-25 small businesses of the state.
5-26 SECTION 2. As soon as possible after the effective date of
5-27 this Act, the governor shall designate a small business advocate as
6-1 required by Section 481.0068, Government Code, as amended by this
6-2 Act.
6-3 SECTION 3. This Act takes effect September 1, 1999.
6-4 SECTION 4. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2022 was passed by the House on May
14, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2022 on May 27, 1999, by a non-record
vote; and that the House adopted H.C.R. No. 313 authorizing certain
corrections in H.B. No. 2022 on May 29, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2022 was passed by the Senate, with
amendments, on May 25, 1999, by a viva-voce vote; and that the
Senate adopted H.C.R. No. 313 authorizing certain corrections in
H.B. No. 2022 on May 31, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor