By Garcia H.B. No. 2022
76R5746 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the small business advocacy office
1-3 within the governor's office.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 772, Government Code, is amended by
1-6 adding Section 772.010 to read as follows:
1-7 Sec. 772.010. SMALL BUSINESS ADVOCACY OFFICE. (a) The
1-8 office of small business advocacy is created within the governor's
1-9 office.
1-10 (b) The office shall be headed by a chief small business
1-11 advocate appointed by and serving at the will of the governor. To
1-12 be eligible to serve as the chief advocate, a person must have
1-13 demonstrated a strong commitment to and involvement in small
1-14 business efforts.
1-15 (c) The office shall:
1-16 (1) serve as the principal focal point in the state
1-17 for small businesses by:
1-18 (A) providing to the legislature information on
1-19 the effects of proposed policies or actions;
1-20 (B) providing to state agencies information on
1-21 the effects of proposed policies or actions that affect small
1-22 businesses; and
1-23 (C) assisting the agencies in reducing the
1-24 adverse effects that rules have on small businesses, if
2-1 appropriate;
2-2 (2) make appropriate recommendations to the
2-3 legislature to assist the development and strengthening of small
2-4 businesses;
2-5 (3) identify the reasons for small businesses'
2-6 successes and failures, ascertain the related factors that are
2-7 particularly important in this state, and recommend actions for
2-8 increasing the success rate of small businesses;
2-9 (4) serve as a focal point for receiving comments and
2-10 suggestions concerning state government policies and activities
2-11 that affect small businesses, and develop and suggest proposals for
2-12 changes in state policies and activities that adversely affect
2-13 small businesses;
2-14 (5) provide information and assistance relating to
2-15 establishing, operating, or expanding small businesses;
2-16 (6) assist small businesses by identifying:
2-17 (A) sources and availability of financial
2-18 assistance for those businesses, including equity capital;
2-19 (B) markets for the goods and services of small
2-20 businesses; and
2-21 (C) available resources within the state that
2-22 provide training and technical assistance to those businesses, such
2-23 as small business development centers, educational institutions,
2-24 and nonprofit associations;
2-25 (7) assist small businesses in the use of financial
2-26 assistance and resources identified in Subdivision (6);
2-27 (8) sponsor meetings, to the extent practicable in
3-1 cooperation with public and private educational institutions, to
3-2 provide training and disseminate information beneficial to small
3-3 businesses;
3-4 (9) perform research, studies, and analyses of matters
3-5 affecting the interests of small businesses, including identifying
3-6 successful small business assistance programs provided by other
3-7 states, and determine the feasibility of adapting those programs
3-8 for implementation in this state;
3-9 (10) establish an outreach program to make the
3-10 existence of the office and the Office of Small Business Assistance
3-11 known to small businesses and potential clients throughout the
3-12 state; and
3-13 (11) perform any other functions necessary to carry
3-14 out the purposes of this section.
3-15 (d) The chief advocate shall travel across the state on a
3-16 regular basis to meet with and address the concerns of small
3-17 business owners.
3-18 (e) In administering this section, the chief advocate may:
3-19 (1) employ and set the compensation of personnel to
3-20 carry out the office's functions; and
3-21 (2) hold public hearings.
3-22 SECTION 2. Section 481.0068(b), Government Code, is amended
3-23 to read as follows:
3-24 (b) The Office of Small Business Assistance shall:
3-25 (1) examine the role of small and historically
3-26 underutilized businesses in the state's economy and the
3-27 contribution of small and historically underutilized businesses in
4-1 generating economic activity, expanding employment opportunities,
4-2 promoting exports, stimulating innovation and entrepreneurship, and
4-3 bringing new and untested products and services to the marketplace;
4-4 (2) serve as the principal focal point in the state
4-5 for [small and] historically underutilized businesses by[:]
4-6 [(A)] providing to the legislature information
4-7 on the effects of proposed policies or actions on those
4-8 businesses[;]
4-9 [(B) assisting state agencies in determining the
4-10 impact proposed rules have on small businesses as required by
4-11 Section 2006.002; and]
4-12 [(C) assisting the agencies in reducing the
4-13 adverse effect that rules have on small businesses, if
4-14 appropriate];
4-15 (3) evaluate the effectiveness of efforts of state
4-16 agencies and other entities to assist small and historically
4-17 underutilized businesses and make appropriate recommendations to
4-18 the legislature and state agencies to assist the development and
4-19 strengthening of [small and] historically underutilized businesses;
4-20 (4) identify regulations that inhibit small and
4-21 historically underutilized business development and to the extent
4-22 possible identify conflicting state policy goals;
4-23 (5) determine the availability of financial and other
4-24 resources to small and historically underutilized businesses and
4-25 recommend methods for:
4-26 (A) increasing the availability of equity
4-27 capital and other forms of financial assistance to [small and]
5-1 historically underutilized businesses;
5-2 (B) generating markets for the goods and
5-3 services of small and historically underutilized businesses;
5-4 (C) providing more effective education,
5-5 training, and management and technical assistance to small and
5-6 historically underutilized businesses; and
5-7 (D) providing assistance to small and
5-8 historically underutilized businesses in complying with federal,
5-9 state, and local laws;
5-10 (6) identify the reasons for [small and] historically
5-11 underutilized business successes and failures, ascertain the
5-12 related factors that are particularly important in this state, and
5-13 recommend actions for increasing the success rate of small and
5-14 historically underutilized businesses;
5-15 (7) serve as a focal point for receiving comments and
5-16 suggestions concerning state government policies and activities
5-17 that affect [small and] historically underutilized businesses;
5-18 (8) develop and suggest proposals for changes in state
5-19 policies and activities that adversely affect [small and]
5-20 historically underutilized businesses;
5-21 (9) provide to state agencies information on the
5-22 effects of proposed policies or actions that affect [small and]
5-23 historically underutilized businesses;
5-24 (10) provide information and assistance relating to
5-25 establishing, operating, or expanding [small and] historically
5-26 underutilized businesses;
5-27 (11) assist small and historically underutilized
6-1 businesses by:
6-2 (A) identifying:
6-3 (i) sources of financial assistance for
6-4 historically underutilized [those] businesses; and
6-5 (ii) financial barriers to those
6-6 businesses;
6-7 (B) working with relevant organizations to
6-8 identify financing programs that aid small businesses in overcoming
6-9 financial barriers;
6-10 (C) matching those businesses with sources of
6-11 financial assistance and credit enhancement; and
6-12 (D) assisting those businesses with the
6-13 preparation of applications for government loans, loan guarantees,
6-14 and credit enhancement programs;
6-15 (12) sponsor meetings, to the extent practicable in
6-16 cooperation with public and private educational institutions, to
6-17 provide training and disseminate information beneficial to [small
6-18 and] historically underutilized businesses;
6-19 (13) assist small and historically underutilized
6-20 businesses in their dealings with federal, state, and local
6-21 governmental agencies and provide information regarding
6-22 governmental requirements affecting small and historically
6-23 underutilized businesses;
6-24 (14) perform research, studies, and analyses of
6-25 matters affecting the interests of [small and] historically
6-26 underutilized businesses;
6-27 (15) use available resources within the state, such as
7-1 [small business development centers,] educational institutions[,]
7-2 and nonprofit associations, to coordinate the provision of
7-3 management and technical assistance to [small and] historically
7-4 underutilized businesses in a systematic manner;
7-5 (16) publish newsletters, brochures, and other
7-6 documents containing information useful to small and historically
7-7 underutilized businesses;
7-8 (17) identify successful [small and] historically
7-9 underutilized business assistance programs provided by other states
7-10 and determine the feasibility of adapting those programs for
7-11 implementation in this state;
7-12 (18) establish an outreach program to make the
7-13 existence of the office known to [small and] historically
7-14 underutilized businesses and potential clients throughout the
7-15 state;
7-16 (19) enlist the cooperation and assistance of public
7-17 and private agencies, businesses, and other organizations in
7-18 disseminating information about the programs and services provided
7-19 by the state that benefit small businesses and how small businesses
7-20 can participate in or make use of those programs and services;
7-21 (20) defer to the small business stationary source
7-22 assistance program as defined by Section 382.0365, Health and
7-23 Safety Code, on advocacy and technical assistance related to
7-24 environmental programs that regulate small businesses; and
7-25 (21) perform any other functions necessary to carry
7-26 out the purposes of this section.
7-27 SECTION 3. Not later than January 1, 2000, the governor
8-1 shall appoint a chief small business advocate as required by
8-2 Section 772.010, Government Code, as added by this Act.
8-3 SECTION 4. This Act takes effect September 1, 1999.
8-4 SECTION 5. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.