Bill Text: TX SB424 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to state agency enforcement of laws regulating small businesses.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB424 Detail]
Download: Texas-2021-SB424-Enrolled.html
| S.B. No. 424 | ||
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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; | ||
| (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 | ||
