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
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
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.