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AN ACT
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relating to the enforcement of workers' compensation compliance and |
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practice requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 414.005(a), Labor Code, is amended to |
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read as follows: |
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(a) The division shall maintain an investigation unit to |
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conduct investigations relating to: |
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(1) alleged violations of this subtitle, commissioner |
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rules, or a commissioner order or decision, with particular |
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emphasis on violations of Chapters 415 and 416; and |
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(2) alleged offenses under this subtitle, with |
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particular emphasis on offenses under Chapter 418. |
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SECTION 2. Section 414.006, Labor Code, is amended to read |
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as follows: |
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Sec. 414.006. REFERRAL TO OTHER AUTHORITIES. (a) For |
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further investigation or the institution of appropriate |
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proceedings, the division may refer the persons involved in a case |
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subject to an investigation to other appropriate authorities, |
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including licensing agencies, district and county attorneys, or the |
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attorney general. |
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(b) The division may provide technical or litigation |
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assistance regarding the investigation referred under Subsection |
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(a) to the appropriate authority. |
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SECTION 3. The heading to Chapter 418, Labor Code, is |
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amended to read as follows: |
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CHAPTER 418. CRIMINAL INVESTIGATIONS AND PENALTIES |
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SECTION 4. Section 418.001(b), Labor Code, is amended to |
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read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class A misdemeanor if the value of the benefits |
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is less than $2,500 [$1,500]; and |
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(2) a state jail felony if the value of the benefits is |
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$2,500 [$1,500] or more. |
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SECTION 5. Section 418.002(b), Labor Code, is amended to |
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read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class A misdemeanor if the amount of premium |
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avoided is less than $2,500 [$1,500]; and |
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(2) a state jail felony if the amount of the premium |
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avoided is $2,500 [$1,500] or more. |
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SECTION 6. Chapter 418, Labor Code, is amended by adding |
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Section 418.004 to read as follows: |
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Sec. 418.004. SUBPOENA AUTHORITY. (a) The commissioner |
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may issue a subpoena to compel the attendance and testimony of a |
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witness or the production of materials relevant to an investigation |
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of an offense under this chapter. |
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(b) The commissioner may issue a subpoena under Subsection |
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(a) regarding a witness or materials located in this state or in |
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another state. |
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SECTION 7. Sections 418.001(b) and 418.002(b), Labor Code, |
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as amended by this Act, apply only to an offense committed on or |
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after September 1, 2017. An offense committed before September 1, |
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2017, is governed by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before September 1, 2017, if any element of the offense occurred |
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before that date. |
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SECTION 8. Section 418.004, Labor Code, as added by this |
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Act, applies to a subpoena issued on or after the effective date of |
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this Act, regardless of whether the offense investigated was |
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committed before, on, or after that date. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2053 was passed by the House on April |
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20, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2053 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |