| |
| |
| |
|
|
AN ACT
|
|
|
relating to state agency enforcement of laws regulating small |
|
|
businesses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 2006, Government Code, is |
|
|
amended by adding Section 2006.003 to read as follows: |
|
|
Sec. 2006.003. OPPORTUNITY TO REMEDY VIOLATION; POLICY. |
|
|
(a) This section applies only to a state agency with regulatory |
|
|
authority over a small business. |
|
|
(b) A state agency may not impose an administrative penalty |
|
|
against a small business for a first violation of a statute or a |
|
|
rule administered by the agency, other than a violation committed |
|
|
knowingly or intentionally, unless the agency first provides the |
|
|
small business written notice of the violation and an opportunity |
|
|
to remedy the violation within a reasonable time after receiving |
|
|
the notice. Notwithstanding any other law, a violation is not |
|
|
considered to be a continuing violation during the reasonable time |
|
|
in which the small business attempts in good faith to remedy the |
|
|
violation. |
|
|
(c) Each state agency subject to this section shall adopt a |
|
|
policy consistent with the requirements of Subsection (b). The |
|
|
policy must provide that the agency will not attempt to recover an |
|
|
administrative penalty during the reasonable time the small |
|
|
business is attempting in good faith to remedy the violation. |
|
|
(d) This section does not apply to an action taken by: |
|
|
(1) a state agency to protect public health and safety |
|
|
or the environment; |
|
|
(2) an officer listed in Section 411.0765(b)(18) in |
|
|
connection with the regulation of financial services; or |
|
|
(3) the Texas Workforce Commission if the action is |
|
|
required to conform to or comply with federal law. |
|
|
SECTION 2. Not later than January 1, 2022, each state agency |
|
|
shall adopt and implement the policy required by Section 2006.003, |
|
|
Government Code, as added by this Act. |
|
|
SECTION 3. A state agency with regulatory authority over a |
|
|
small business is required to implement Section 2006.003, |
|
|
Government Code, as added by this Act, only if the legislature |
|
|
appropriates money specifically for that purpose. If the |
|
|
legislature does not appropriate money specifically for that |
|
|
purpose, the state agency may, but is not required to, implement |
|
|
Section 2006.003, Government Code, as added by this Act, using |
|
|
other appropriations available for the purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 424 passed the Senate on |
|
|
April 8, 2021, by the following vote: Yeas 30, Nays 0; and that the |
|
|
Senate concurred in House amendments on May 28, 2021, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 424 passed the House, with |
|
|
amendments, on May 25, 2021, by the following vote: Yeas 145, |
|
|
Nays 0, one present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |