82R1728 NC-D
By: Wentworth S.B. No. 301
A BILL TO BE ENTITLED
AN ACT
relating to filing a complaint against a person licensed to engage
in a business, occupation, or profession; providing civil and
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. AFFIDAVIT REQUIRED FOR COMPLAINT; PENALTIES FOR
MALICIOUS COMPLAINT
Sec. 60.001. DEFINITIONS. In this chapter:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) a person must obtain to practice or engage in
a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state that issues
a license.
Sec. 60.002. AFFIDAVIT FOR COMPLAINT REQUIRED.
Notwithstanding any other law, a person who files a complaint with a
licensing authority against a license holder must execute and
submit with the complaint an affidavit that states that the facts
alleged in the complaint are true.
Sec. 60.003. MALICIOUS COMPLAINT. In this chapter, a
complaint is malicious if:
(1) the complaint is reasonably likely to harm,
harass, abuse, or torment the person who is the subject of the
complaint; and
(2) a primary reason for the complaint is to cause that
result.
Sec. 60.004. CIVIL PENALTY. A person who files a malicious
complaint with a licensing authority against a license holder is
liable to the state for a civil penalty of $1,000. The attorney
general may sue to collect the civil penalty.
Sec. 60.005. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly files a malicious complaint with a
licensing authority against a license holder.
(b) An offense under this section is a Class A misdemeanor.
SECTION 2. The changes in law made by this Act apply only to
a complaint filed on or after the effective date of this Act. A
complaint filed before the effective date of this Act is governed by
the law in effect at the time the complaint was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.