By: Van de Putte S.B. No. 381
(Oliveira)
A BILL TO BE ENTITLED
AN ACT
relating to the misuse of the name or symbols of the division of
workers' compensation of the Texas Department of Insurance in a
deceptive manner.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 419.001, Labor Code, is amended by
adding Subsection (c) to read as follows:
(c) For purposes of this chapter, a person acts in a
"deceptive manner" if the person knows or should know that the
person's actions would convey, or could reasonably be interpreted
or construed as conveying, the false impression that:
(1) an item is approved, endorsed, sponsored,
authorized by, the same as, or associated with the division, the
department, this state, or an agency of this state; or
(2) the person represents, speaks for, or has an
authorization from the division, the department, this state, or an
agency of this state.
SECTION 2. Section 419.002, Labor Code, is amended to read
as follows:
Sec. 419.002. MISUSE OF DIVISION'S NAME OR SYMBOLS
PROHIBITED. (a) Except as authorized by law, a person, in
connection with any impersonation, advertisement, solicitation,
business name, business activity, business document, product, or
service made or offered by the person regarding workers'
compensation coverage or benefits, may not knowingly use or cause
to be used in a deceptive manner:
(1) the words "Texas Department of Insurance,"
"Department of Insurance," "Texas Workers' Compensation," or
"division of workers' compensation";
(2) any term using both "Texas" and "Workers'
Compensation" or any term using both "Texas" and "Workers' Comp";
(3) the initials "T.D.I."; or
(4) any combination or variation of the words or
initials, or any term deceptively similar to the words or initials,
described by Subdivisions (1)-(3).
(b) A person subject to Subsection (a) may not knowingly use
or cause to be used in a deceptive manner a word, term, or initials
described by Subsection (a) alone or in conjunction with:
(1) the state seal or a representation of the state
seal;
(2) a picture or map of this state; or
(3) the official logo of the department or the
division or a representation of the department's or division's
logo.
SECTION 3. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.