81R11077 JSC-D
By: Kent H.B. No. 3084
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for a false report or a failure to report in
connection with certain recordkeeping requirements under the
jurisdiction of the Department of State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 435, Health and Safety
Code, is amended by adding Section 435.015 to read as follows:
Sec. 435.015. FALSE REPORT; FAILURE TO REPORT; CRIMINAL
PENALTY. (a) A person commits an offense if the person
intentionally:
(1) makes or causes to be made a false entry in an
account, record, or memorandum kept by a person subject to this
chapter;
(2) neglects or fails to make or cause to be made full
entries in an account, record, or memorandum kept by a person
subject to this chapter of all facts and transactions pertaining to
the person's business;
(3) removes from the jurisdiction of this state or
mutilates, alters, or otherwise falsifies documentary evidence of a
person subject to this chapter; or
(4) refuses to submit to the department or to the
department's authorized agent, for inspection and copying,
documentary evidence in the person's possession or control of a
person subject to this chapter.
(b) An offense under this section is punishable by a fine of
not less than $1,000 or more than $5,000, imprisonment for not more
than three years, or both.
SECTION 2. Subchapter C, Chapter 436, Health and Safety
Code, is amended by adding Section 436.041 to read as follows:
Sec. 436.041. FALSE REPORT; FAILURE TO REPORT; CRIMINAL
PENALTY. (a) A person commits an offense if the person
intentionally:
(1) makes or causes to be made a false entry in an
account, record, or memorandum kept by a person subject to this
chapter;
(2) neglects or fails to make or cause to be made full
entries in an account, record, or memorandum kept by a person
subject to this chapter of all facts and transactions pertaining to
the person's business;
(3) removes from the jurisdiction of this state or
mutilates, alters, or otherwise falsifies documentary evidence of a
person subject to this chapter; or
(4) refuses to submit to the director, to an
authorized agent, or to a health authority, for inspection and
copying, documentary evidence in the person's possession or control
of a person subject to this chapter.
(b) An offense under this section is punishable by a fine of
not less than $1,000 or more than $5,000, imprisonment for not more
than three years, or both.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 4. This Act takes effect September 1, 2009.