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.