Bill Text: TX HB1924 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to state agency enforcement of laws regulating small businesses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-25 - Committee report sent to Calendars [HB1924 Detail]
Download: Texas-2019-HB1924-Comm_Sub.html
| 86R28133 YDB-D | |||
| By: Blanco | H.B. No. 1924 | ||
| Substitute the following for H.B. No. 1924: | |||
| By: Raymond | C.S.H.B. No. 1924 | ||
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| 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; or | ||
| (2) an officer listed in Section 411.0765(b)(18) in | ||
| connection with the regulation of financial services. | ||
| SECTION 2. Not later than January 1, 2020, each state agency | ||
| shall adopt and implement the policy required by Section 2006.003, | ||
| Government Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
