Texas 2019 - 86th Regular

Texas House Bill HB1924 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R28133~~ YDB-D
	1	+	86R6873 YDB-D
2	2		By: Blanco H.B. No. 1924
3		-	Substitute the following for H.B. No. 1924:
4		-	By: Raymond C.S.H.B. No. 1924
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to state agency enforcement of laws regulating small
10	8		businesses.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter A, Chapter 2006, Government Code, is
13	11		amended by adding Section 2006.003 to read as follows:
14	12		Sec. 2006.003. OPPORTUNITY TO REMEDY VIOLATION; POLICY.
15	13		(a) This section applies only to a state agency with regulatory
16	14		authority over a small business.
17		-	(b) A state agency may not impose an administrative penalty
18		-	against a small business for a first violation of a statute or a
19		-	rule administered by the agency, other than a violation committed
20		-	knowingly or intentionally, unless the agency first provides the
21		-	small business written notice of the violation and an opportunity
22		-	to remedy the violation within a reasonable time after receiving
23		-	the notice. Notwithstanding any other law, a violation is not
24		-	considered to be a continuing violation during the reasonable time
25		-	in which the small business attempts in good faith to remedy the
	15	+	(b) Before a state agency may impose an administrative
	16	+	penalty or request imposition of a civil penalty against a small
	17	+	business for a first violation of a statute or a rule administered
	18	+	by the agency, the agency must allow the small business the
	19	+	opportunity to remedy the violation. Notwithstanding any other
	20	+	law, a violation is not considered to be a continuing violation
	21	+	during the time in which the small business attempts to remedy the
26	22		violation.
27	23		(c) Each state agency subject to this section shall adopt a
28	24		policy consistent with the requirements of Subsection (b). The
29	25		policy must provide that the agency will not attempt to recover an
30		-	administrative penalty during the reasonable time the small
31		-	business is attempting in good faith to remedy the violation.
32		-	(d) This section does not apply to an action taken by:
33		-	(1) a state agency to protect public health and safety
34		-	or the environment; or
35		-	(2) an officer listed in Section 411.0765(b)(18) in
36		-	connection with the regulation of financial services.
	26	+	administrative penalty or request imposition of a civil penalty
	27	+	while the small business is making reasonable attempts to remedy
	28	+	the violation.
37	29		SECTION 2. Not later than January 1, 2020, each state agency
38	30		shall adopt and implement the policy required by Section 2006.003,
39	31		Government Code, as added by this Act.
40	32		SECTION 3. This Act takes effect September 1, 2019.