| 1 | 1 | | By: Van de Putte S.B. No. 381 |
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| 2 | 2 | | (Oliveira) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the misuse of the name or symbols of the division of |
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| 8 | 8 | | workers' compensation of the Texas Department of Insurance in a |
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| 9 | 9 | | deceptive manner. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 419.001, Labor Code, is amended by |
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| 12 | 12 | | adding Subsection (c) to read as follows: |
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| 13 | 13 | | (c) For purposes of this chapter, a person acts in a |
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| 14 | 14 | | "deceptive manner" if the person knows or should know that the |
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| 15 | 15 | | person's actions would convey, or could reasonably be interpreted |
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| 16 | 16 | | or construed as conveying, the false impression that: |
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| 17 | 17 | | (1) an item is approved, endorsed, sponsored, |
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| 18 | 18 | | authorized by, the same as, or associated with the division, the |
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| 19 | 19 | | department, this state, or an agency of this state; or |
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| 20 | 20 | | (2) the person represents, speaks for, or has an |
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| 21 | 21 | | authorization from the division, the department, this state, or an |
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| 22 | 22 | | agency of this state. |
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| 23 | 23 | | SECTION 2. Section 419.002, Labor Code, is amended to read |
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| 24 | 24 | | as follows: |
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| 25 | 25 | | Sec. 419.002. MISUSE OF DIVISION'S NAME OR SYMBOLS |
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| 26 | 26 | | PROHIBITED. (a) Except as authorized by law, a person, in |
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| 27 | 27 | | connection with any impersonation, advertisement, solicitation, |
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| 28 | 28 | | business name, business activity, business document, product, or |
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| 29 | 29 | | service made or offered by the person regarding workers' |
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| 30 | 30 | | compensation coverage or benefits, may not knowingly use or cause |
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| 31 | 31 | | to be used in a deceptive manner: |
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| 32 | 32 | | (1) the words "Texas Department of Insurance," |
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| 33 | 33 | | "Department of Insurance," "Texas Workers' Compensation," or |
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| 34 | 34 | | "division of workers' compensation"; |
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| 35 | 35 | | (2) any term using both "Texas" and "Workers' |
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| 36 | 36 | | Compensation" or any term using both "Texas" and "Workers' Comp"; |
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| 37 | 37 | | (3) the initials "T.D.I."; or |
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| 38 | 38 | | (4) any combination or variation of the words or |
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| 39 | 39 | | initials, or any term deceptively similar to the words or initials, |
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| 40 | 40 | | described by Subdivisions (1)-(3). |
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| 41 | 41 | | (b) A person subject to Subsection (a) may not knowingly use |
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| 42 | 42 | | or cause to be used in a deceptive manner a word, term, or initials |
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| 43 | 43 | | described by Subsection (a) alone or in conjunction with: |
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| 44 | 44 | | (1) the state seal or a representation of the state |
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| 45 | 45 | | seal; |
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| 46 | 46 | | (2) a picture or map of this state; or |
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| 47 | 47 | | (3) the official logo of the department or the |
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| 48 | 48 | | division or a representation of the department's or division's |
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| 49 | 49 | | logo. |
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| 50 | 50 | | SECTION 3. The change in law made by this Act applies only |
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| 51 | 51 | | to conduct that occurs on or after the effective date of this Act. |
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| 52 | 52 | | Conduct that occurs before the effective date of this Act is |
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| 53 | 53 | | governed by the law in effect on the date the conduct occurred, and |
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| 54 | 54 | | the former law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2013. |
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