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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency enforcement of laws regulating small |
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businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2006, Government Code, is |
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amended by adding Section 2006.003 to read as follows: |
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Sec. 2006.003. OPPORTUNITY TO REMEDY VIOLATION; POLICY. |
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(a) This section applies only to a state agency with regulatory |
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authority over a small business. |
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(b) A state agency may not impose an administrative penalty |
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or request imposition of a civil penalty against a small business |
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for a first violation of a statute or a rule administered by the |
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agency unless the agency first provides the small business written |
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notice of the violation and an opportunity to remedy the violation |
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within a reasonable time of receipt of the notice. Notwithstanding |
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any other law, a violation is not considered to be a continuing |
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violation during the reasonable time in which the small business is |
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attempting to remedy the violation. |
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(c) Each state agency subject to this section shall adopt a |
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policy consistent with the requirements of Subsection (b). The |
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policy must provide that the agency will not attempt to recover an |
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administrative penalty or request imposition of a civil penalty |
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during the reasonable time in which the small business is |
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attempting to remedy the violation. |
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SECTION 2. Not later than January 1, 2022, each state agency |
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shall adopt and implement the policy required by Section 2006.003, |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |