1-1 By: Garcia (Senate Sponsor - Lucio) H.B. No. 2022
1-2 (In the Senate - Received from the House May 14, 1999;
1-3 May 14, 1999, read first time and referred to Committee on Economic
1-4 Development; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appointment of a small business advocate to head
1-9 the Office of Small Business Assistance.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 481.0068(a), (b), and (e), Government
1-12 Code, are amended to read as follows:
1-13 (a) The Office of Small Business Assistance is an office
1-14 within the department and shall be headed by a small business
1-15 advocate appointed by the governor [director]. To be eligible to
1-16 serve as the small business advocate, a person must have
1-17 demonstrated a strong commitment to and involvement in small
1-18 business efforts. The small business advocate serves at the will
1-19 of the governor.
1-20 (b) The Office of Small Business Assistance shall:
1-21 (1) examine the role of small and historically
1-22 underutilized businesses in the state's economy and the
1-23 contribution of small and historically underutilized businesses in
1-24 generating economic activity, expanding employment opportunities,
1-25 promoting exports, stimulating innovation and entrepreneurship, and
1-26 bringing new and untested products and services to the marketplace;
1-27 (2) serve as the principal focal point in the state
1-28 for small and historically underutilized businesses by:
1-29 (A) providing to the legislature information on
1-30 the effects of proposed policies or actions;
1-31 (B) assisting state agencies in determining the
1-32 impact proposed rules have on small businesses as required by
1-33 Section 2006.002; and
1-34 (C) assisting the agencies in reducing the
1-35 adverse effect that rules have on small businesses, if appropriate;
1-36 (3) evaluate the effectiveness of efforts of state
1-37 agencies and other entities to assist small and historically
1-38 underutilized businesses and make appropriate recommendations to
1-39 the legislature and state agencies to assist the development and
1-40 strengthening of small and historically underutilized businesses;
1-41 (4) identify regulations that inhibit small and
1-42 historically underutilized business development and to the extent
1-43 possible identify conflicting state policy goals;
1-44 (5) determine the availability of financial and other
1-45 resources to small and historically underutilized businesses and
1-46 recommend methods for:
1-47 (A) increasing the availability of equity
1-48 capital and other forms of financial assistance to small and
1-49 historically underutilized businesses;
1-50 (B) generating markets for the goods and
1-51 services of small and historically underutilized businesses;
1-52 (C) providing more effective education,
1-53 training, and management and technical assistance to small and
1-54 historically underutilized businesses; and
1-55 (D) providing assistance to small and
1-56 historically underutilized businesses in complying with federal,
1-57 state, and local laws;
1-58 (6) identify the reasons for small and historically
1-59 underutilized business successes and failures, ascertain the
1-60 related factors that are particularly important in this state, and
1-61 recommend actions for increasing the success rate of small and
1-62 historically underutilized businesses;
1-63 (7) serve as a focal point for receiving comments and
1-64 suggestions concerning state government policies and activities
2-1 that affect small and historically underutilized businesses;
2-2 (8) develop and suggest proposals for changes in state
2-3 policies and activities that adversely affect small and
2-4 historically underutilized businesses;
2-5 (9) provide to state agencies information on the
2-6 effects of proposed policies or actions that affect small and
2-7 historically underutilized businesses;
2-8 (10) provide information and assistance relating to
2-9 establishing, operating, or expanding small and historically
2-10 underutilized businesses;
2-11 (11) assist small and historically underutilized
2-12 businesses by:
2-13 (A) identifying:
2-14 (i) sources of financial assistance for
2-15 those businesses; and
2-16 (ii) financial barriers to those
2-17 businesses;
2-18 (B) working with relevant organizations to
2-19 identify financing programs that aid small businesses in overcoming
2-20 financial barriers;
2-21 (C) matching those businesses with sources of
2-22 financial assistance and credit enhancement; and
2-23 (D) assisting those businesses with the
2-24 preparation of applications for government loans, loan guarantees,
2-25 and credit enhancement programs;
2-26 (12) sponsor meetings, to the extent practicable in
2-27 cooperation with public and private educational institutions, to
2-28 provide training and disseminate information beneficial to small
2-29 and historically underutilized businesses;
2-30 (13) assist small and historically underutilized
2-31 businesses in their dealings with federal, state, and local
2-32 governmental agencies and provide information regarding
2-33 governmental requirements affecting small and historically
2-34 underutilized businesses;
2-35 (14) perform research, studies, and analyses of
2-36 matters affecting the interests of small and historically
2-37 underutilized businesses;
2-38 (15) use available resources within the state, such as
2-39 small business development centers, educational institutions, and
2-40 nonprofit associations, to coordinate the provision of management
2-41 and technical assistance to small and historically underutilized
2-42 businesses in a systematic manner;
2-43 (16) publish newsletters, brochures, and other
2-44 documents containing information useful to small and historically
2-45 underutilized businesses;
2-46 (17) identify successful small and historically
2-47 underutilized business assistance programs provided by other states
2-48 and determine the feasibility of adapting those programs for
2-49 implementation in this state;
2-50 (18) establish an outreach program to make the
2-51 existence of the office known to small and historically
2-52 underutilized businesses and potential clients throughout the
2-53 state;
2-54 (19) enlist the cooperation and assistance of public
2-55 and private agencies, businesses, and other organizations in
2-56 disseminating information about the programs and services provided
2-57 by the state that benefit small businesses and how small businesses
2-58 can participate in or make use of those programs and services;
2-59 (20) defer to the small business stationary source
2-60 assistance program as defined by Section 382.0365, Health and
2-61 Safety Code, on advocacy and technical assistance related to
2-62 environmental programs that regulate small businesses; [and]
2-63 (21) develop a "one-stop" approach for all small
2-64 business needs, including competitive activity with state agencies
2-65 and political subdivisions; and
2-66 (22) perform any other functions necessary to carry
2-67 out the purposes of this section.
2-68 (e) Not later than September 1 of each even-numbered year,
2-69 the department shall submit to the governor, governing board, and
3-1 the legislature a report containing specific information regarding
3-2 each of the functions performed by the Office of Small Business
3-3 Assistance, including recommendations regarding issues that affect
3-4 small businesses of the state.
3-5 SECTION 2. As soon as possible after the effective date of
3-6 this Act, the governor shall appoint a small business advocate as
3-7 required by Section 481.0068, Government Code, as amended by this
3-8 Act.
3-9 SECTION 3. This Act takes effect September 1, 1999.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.
3-15 * * * * *