TX
Texas House Bill HB4067

Texas 2021 - 87th Regular

Texas House Bill HB4067 Compare Versions

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1-87R19617 MWC-F
2- By: Ordaz Perez, Price, Paddie H.B. No. 4067
3- Substitute the following for H.B. No. 4067:
4- By: Button C.S.H.B. No. 4067
1+By: Ordaz Perez H.B. No. 4067
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the establishment of the small business assistance
10- disaster recovery program.
6+ relating to the designation, authority, and funding of the small
7+ business ombudsman program of the Texas Workforce Commission.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Subchapter A, Chapter 481, Government Code, is
13- amended by adding Section 481.00682 to read as follows:
14- Sec. 481.00682. OFFICE OF SMALL BUSINESS ASSISTANCE
15- DISASTER RECOVERY PROGRAM. (a) In this section:
16- (1) "Declared disaster" means:
17- (A) a disaster declared by the president of the
18- United States; or
19- (B) a state of disaster declared by the governor
20- under Chapter 418.
21- (2) "Program" means the small business assistance
22- disaster recovery program established under this section.
23- (b) Subject to Subsection (c), the Office of Small Business
24- Assistance shall establish and administer the small business
25- assistance disaster recovery program to provide small businesses in
26- this state that have been economically affected by a declared
27- disaster with resources and assistance. Resources and assistance
28- provided to small businesses under the program may include:
29- (1) information regarding or assistance securing
30- state and federal funding;
31- (2) technical or financial opportunities available to
32- the small business;
33- (3) information regarding regulations applicable to
34- the small business; and
35- (4) general information and resources related to:
36- (A) taxes and accounting;
37- (B) loan refinancing;
38- (C) basic bankruptcy procedures;
39- (D) restructuring; and
40- (E) debt protection and forgiveness options.
41- (c) The Office of Small Business Assistance may not provide
42- a small business with direct legal or accounting advice under the
43- program but may provide:
44- (1) general resources and information regarding legal
45- or accounting issues faced by small businesses; and
46- (2) referrals to lawyers, accountants, or entities
47- that provide legal or accounting advice to small businesses.
48- (d) To the extent money is available, the Office of Small
49- Business Assistance shall employ not fewer than two employees to
50- administer the program. The Office of Small Business Assistance
51- may only hire a person to administer the program who has been
52- approved by the small business advocate designated under Section
53- 481.0067.
54- (e) Information collected from a small business under the
55- program is confidential and is not subject to disclosure under
56- Chapter 552.
57- SECTION 2. The Texas Economic Development and Tourism
58- Office is required to implement Section 481.00682, Government Code,
59- as added by this Act, only if the legislature appropriates money
60- specifically for that purpose. If the legislature does not
61- appropriate money specifically for that purpose, the Texas Economic
62- Development and Tourism Office may, but is not required to,
63- implement a provision of this Act using other appropriations that
64- are available for that purpose.
9+ SECTION 1. Sec. 301.009, Labor Code, is amended to read as
10+ follows:
11+ (a) The commission shall have:
12+ (1) a division of workforce development;
13+ (2) a division of unemployment compensation; and
14+ (3) a civil rights division.; and
15+ (4) a small business ombudsman program.
16+ (b) In addition to the divisions and program listed in
17+ Subsection (a), the executive director may establish additional
18+ divisions within the commission for effective administration and
19+ performance of commission functions.
20+ (c) The executive director shall appoint the directors of
21+ the divisions of the commission. The directors serve at the
22+ pleasure of the executive director.
23+ SECTION 2. Chapter 301, Labor Code, is amended by adding
24+ Subchapter L to read as follows:
25+ SUBCHAPTER L. SMALL BUSINESS OMBUDSMAN PROGRAM
26+ Sec. 301.2001. DEFINITIONS. In this subchapter:
27+ (1) "Director" means the director of the program.
28+ (2) "Program" means the small business ombudsman
29+ program of the commission.
30+ Sec. 301.2005. GOVERNANCE; AUTHORITY. (a) The commission
31+ shall establish policies for the program and the executive director
32+ shall supervise the director in administering the activities of the
33+ program.
34+ (b) The commission is authorized, with respect to assisting
35+ small businesses during a period of economic disaster or downturn,
36+ to provide to small businesses with resources for legal,
37+ accounting, and other needed services. Any assistance to small
38+ businesses provided under this subchapter shall be strictly
39+ confidential with respect to any resources or services provided by
40+ the commission to a small business, and with respect to all
41+ identity, contact, correspondence, or other information shared
42+ between a small business and the commission for purposes of this
43+ subchapter.
44+ (c) Small business assistance described in Subsection (b)
45+ includes assistance with, but is not limited to:
46+ (1) securing state or federal funds of any kind;
47+ (2) business taxes and accounting;
48+ (3) refinancing;
49+ (4) bankruptcy procedure;
50+ (5) restructuring;
51+ (6) debt protection and forgiveness;
52+ (7) technical and financial opportunities;
53+ (8) state agency and regulatory applicability; and
54+ (9) other assistance to small businesses.
55+ (d) To achieve the purpose of Subsection (b) and (c), the
56+ commission shall, contingent on program funding, provide resources
57+ to staff the program with a minimum of two qualified individuals;
58+ such staffing shall not include more than one attorney and one
59+ certified public accountant.
60+ (e) A qualified individual described in Subsection (d) is a
61+ person who is licensed in the State of Texas to provide legal or
62+ accounting services as described in Subsection (b) and (c).
63+ Sec. 301.2010. SMALL BUSINESS ECONOMIC OMBUDSMAN FUND. (a)
64+ To achieve the purposes of this subchapter, the small business
65+ ombudsman fund is created. The fund is composed of:
66+ (1) any amounts appropriated by the legislature for
67+ the purpose of this subchapter; or
68+ (2) any amounts allocated by the legislature for the
69+ purpose of this subchapter from any other resources.
6570 SECTION 3. This Act takes effect September 1, 2021.