Bill Text: TX SB424 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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87R5945 YDB-D
By: Hinojosa S.B. No. 424

A BILL TO BE ENTITLED
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
or request imposition of a civil penalty against a small business
for a first violation of a statute or a rule administered by the
agency unless the agency first provides the small business written
notice of the violation and an opportunity to remedy the violation
within a reasonable time of receipt of 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 is
attempting 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 or request imposition of a civil penalty
during the reasonable time in which the small business is
attempting to remedy the violation.
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. This Act takes effect September 1, 2021.