Texas 2009 - 81st Regular

Texas House Bill HB3084 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11077 JSC-D
2	2	By: Kent H.B. No. 3084
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalty for a false report or a failure to report in
8	8	connection with certain recordkeeping requirements under the
9	9	jurisdiction of the Department of State Health Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 435, Health and Safety
12	12	Code, is amended by adding Section 435.015 to read as follows:
13	13	Sec. 435.015. FALSE REPORT; FAILURE TO REPORT; CRIMINAL
14	14	PENALTY. (a) A person commits an offense if the person
15	15	intentionally:
16	16	(1) makes or causes to be made a false entry in an
17	17	account, record, or memorandum kept by a person subject to this
18	18	chapter;
19	19	(2) neglects or fails to make or cause to be made full
20	20	entries in an account, record, or memorandum kept by a person
21	21	subject to this chapter of all facts and transactions pertaining to
22	22	the person's business;
23	23	(3) removes from the jurisdiction of this state or
24	24	mutilates, alters, or otherwise falsifies documentary evidence of a
25	25	person subject to this chapter; or
26	26	(4) refuses to submit to the department or to the
27	27	department's authorized agent, for inspection and copying,
28	28	documentary evidence in the person's possession or control of a
29	29	person subject to this chapter.
30	30	(b) An offense under this section is punishable by a fine of
31	31	not less than $1,000 or more than $5,000, imprisonment for not more
32	32	than three years, or both.
33	33	SECTION 2. Subchapter C, Chapter 436, Health and Safety
34	34	Code, is amended by adding Section 436.041 to read as follows:
35	35	Sec. 436.041. FALSE REPORT; FAILURE TO REPORT; CRIMINAL
36	36	PENALTY. (a) A person commits an offense if the person
37	37	intentionally:
38	38	(1) makes or causes to be made a false entry in an
39	39	account, record, or memorandum kept by a person subject to this
40	40	chapter;
41	41	(2) neglects or fails to make or cause to be made full
42	42	entries in an account, record, or memorandum kept by a person
43	43	subject to this chapter of all facts and transactions pertaining to
44	44	the person's business;
45	45	(3) removes from the jurisdiction of this state or
46	46	mutilates, alters, or otherwise falsifies documentary evidence of a
47	47	person subject to this chapter; or
48	48	(4) refuses to submit to the director, to an
49	49	authorized agent, or to a health authority, for inspection and
50	50	copying, documentary evidence in the person's possession or control
51	51	of a person subject to this chapter.
52	52	(b) An offense under this section is punishable by a fine of
53	53	not less than $1,000 or more than $5,000, imprisonment for not more
54	54	than three years, or both.
55	55	SECTION 3. The change in law made by this Act applies only
56	56	to an offense committed on or after the effective date of this Act.
57	57	An offense committed before the effective date of this Act is
58	58	covered by the law in effect when the offense was committed, and the
59	59	former law is continued in effect for that purpose. For purposes of
60	60	this section, an offense was committed before the effective date of
61	61	this Act if any element of the offense was committed before that
62	62	date.
63	63	SECTION 4. This Act takes effect September 1, 2009.