By Brimer                                             H.B. No. 2718
         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 small business assistance provided by the State.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Business & Commerce Code is amended by adding
 1-5     Title 5 to read as follows:
 1-6                     TITLE 5.  SMALL BUSINESS ASSISTANCE
 1-7                  CHAPTER 40.  SMALL BUSINESS ASSISTANCE. 
 1-8           Sec. 40.01.  DEFINITION.  In this chapter:
 1-9                 (1)  "small business" means all business entities with
1-10     less than 100 employees.
1-11           Sec. 40.02.  RIGHTS OF SMALL BUSINESSES.  All small business
1-12     operating or located in the State of Texas shall be guaranteed the
1-13     following assistance by the State upon request by the employer:
1-14                 (1)  Workers' Compensation Assistance.  Upon request by
1-15     the business, small businesses operating or located in the State of
1-16     Texas shall receive assistance from the Texas Workers' Compensation
1-17     Commission in locating and acquiring affordable workers'
1-18     compensation coverage and identifying affordable options to
1-19     purchase coverage.  The Commission shall also, upon request, assist
1-20     the employer in establishing a network of healthcare providers to
1-21     provide medical treatment for compensable injuries.
 2-1                 (2)  Unemployment Insurance Tax Assistance.
 2-2     Notwithstanding Chapter 204, Labor Code, upon request by the
 2-3     business, small businesses operating or located in the State of
 2-4     Texas without an unemployment insurance experience rate as
 2-5     prescribed by Section 204.004 of the Labor Code shall receive
 2-6     assistance from the Texas Department of Insurance in determining an
 2-7     appropriate unemployment insurance tax rate.  The rate prescribed
 2-8     by the Department shall not exceed five-tenths of one percent and
 2-9     shall not be in effect for a period of more than twelve months.
2-10     After the initial twelve months, the experience rate computed under
2-11     Section 204.041 of the Labor Code for the employer takes effect.
2-12                 (3)  Legal Assistance.  Small businesses operating or
2-13     located in the State of Texas shall be afforded fair and equitable
2-14     access to the court system and shall be protected from meritless
2-15     lawsuits.  Courts shall review each pending dispute in which a
2-16     party is a business operating or located in the State of Texas to
2-17     determine whether the dispute is appropriate for alternative
2-18     dispute resolution as prescribed by Section 154.021, Texas Civil
2-19     Practices and Remedies Code.
2-20           SECTION 2.  This title takes effect September 1, 1999.
2-21           SECTION 3.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.