86R6873 YDB-D
By: Blanco H.B. No. 1924
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) Before a state agency may 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, the agency must allow the small business the
opportunity to remedy the violation. Notwithstanding any other
law, a violation is not considered to be a continuing violation
during the time in which the small business attempts 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
while the small business is making reasonable attempts to remedy
the violation.
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.