TX
Texas Senate Bill SB496

Texas 2009 - 81st Regular

Texas Senate Bill SB496

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX HB3499

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.

TX SB1788

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

TX SB1900

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.

TX SB1620

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.

TX HB7

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.

TX HB61

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.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB2412

Relating to civil actions by a civilly committed individual.

Similar Bills

TX HB2062

Relating to false claims against the state and actions by the state and private persons to prosecute those claims; providing a civil penalty.

TX SB1115

Relating to fraud against the state and actions by the state and private persons to prosecute those frauds; providing a civil penalty.

PA HB1437

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.

PA SB38

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.

PA HB1697

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.

PA SB785

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.

PA HB1371

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.

PA HB2012

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.