Relating to certain unlawful acts involving state money or property and actions by the state and private persons to prosecute those acts; providing a civil penalty.
Impact
The adoption of SB496 is set to enhance the state's ability to combat fraud by creating a clear process for enforcing accountability. Under this bill, individuals committing unlawful acts involving state funds could face civil penalties ranging from $5,000 to $15,000 per violation, alongside potential restitution for any benefits obtained. By enabling private citizens to file qui tam lawsuits—which serve as a whistleblower mechanism—the legislation invites greater public participation in the fight against fraud while adding layers of protection for those who expose wrongdoing.
Summary
Senate Bill 496 introduces a framework for addressing unlawful acts involving state money or property through the establishment of Chapter 2116 in the Government Code. This legislation focuses primarily on acts of fraud against the state, allowing for both the state and private citizens to initiate legal actions against those who present false claims for state funds or property. The bill explicitly outlines different categories of unlawful acts and the civil penalties associated with such actions, thereby fortifying mechanisms for holding violators accountable.
Contention
Though generally seen as a proactive measure, SB496 has been met with some contention regarding its application and implications. A notable point of concern revolves around the repercussions for public employees who cooperate with investigations or expose fraudulent activities within their organizations. Provisions preventing retaliation against whistleblowers are included, yet some critics question whether these protections are sufficient to encourage reporting of fraudulent behavior. Additionally, there are discussions about the potential burden on state agencies to respond to an influx of qui tam actions, which could strain resources and impede regular operations.
Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Relating to foreign terrorist organizations, including the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization and of sedition.
Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of unlawfully entering the United States, unlawfully bypassing certain law enforcement checkpoints, or evading an arrest or detention; increasing criminal penalties.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands; and establishing the Fraud Prevention and Recovery Account.
Establishing cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.
Establishing cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.
Providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.