Texas 2017 - 85th Regular

Texas Senate Bill SB1306 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10218 JSC-F
2	2	By: Creighton, Taylor of Galveston S.B. No. 1306
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of workers' compensation compliance and
8	8	practice requirements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 414.005(a), Labor Code, is amended to
11	11	read as follows:
12	12	(a) The division shall maintain an investigation unit to
13	13	conduct investigations relating to:
14	14	(1) alleged violations of this subtitle, commissioner
15	15	rules, or a commissioner order or decision, with particular
16	16	emphasis on violations of Chapters 415 and 416; and
17	17	(2) alleged offenses under this subtitle, with
18	18	particular emphasis on offenses under Chapter 418.
19	19	SECTION 2. Section 414.006, Labor Code, is amended to read
20	20	as follows:
21	21	Sec. 414.006. REFERRAL TO OTHER AUTHORITIES. (a) For
22	22	further investigation or the institution of appropriate
23	23	proceedings, the division may refer the persons involved in a case
24	24	subject to an investigation to other appropriate authorities,
25	25	including licensing agencies, district and county attorneys, or the
26	26	attorney general.
27	27	(b) The division may provide technical or litigation
28	28	assistance regarding the investigation referred under Subsection
29	29	(a) to the appropriate authority.
30	30	SECTION 3. The heading to Chapter 418, Labor Code, is
31	31	amended to read as follows:
32	32	CHAPTER 418. CRIMINAL INVESTIGATIONS AND PENALTIES
33	33	SECTION 4. Section 418.001(b), Labor Code, is amended to
34	34	read as follows:
35	35	(b) An offense under Subsection (a) is:
36	36	(1) a Class A misdemeanor if the value of the benefits
37	37	is less than $2,500 [$1,500]; and
38	38	(2) a state jail felony if the value of the benefits is
39	39	$2,500 [$1,500] or more.
40	40	SECTION 5. Section 418.002(b), Labor Code, is amended to
41	41	read as follows:
42	42	(b) An offense under Subsection (a) is:
43	43	(1) a Class A misdemeanor if the amount of premium
44	44	avoided is less than $2,500 [$1,500]; and
45	45	(2) a state jail felony if the amount of the premium
46	46	avoided is $2,500 [$1,500] or more.
47	47	SECTION 6. Chapter 418, Labor Code, is amended by adding
48	48	Section 418.004 to read as follows:
49	49	Sec. 418.004. SUBPOENA AUTHORITY. (a) The commissioner
50	50	may issue a subpoena to compel the attendance and testimony of a
51	51	witness or the production of materials relevant to an investigation
52	52	of an offense under this chapter.
53	53	(b) The commissioner may issue a subpoena under Subsection
54	54	(a) regarding a witness or materials located in this state or in
55	55	another state.
56	56	SECTION 7. Sections 418.001(b) and 418.002(b), Labor Code,
57	57	as amended by this Act, apply only to an offense committed on or
58	58	after September 1, 2017. An offense committed before September 1,
59	59	2017, is governed by the law in effect when the offense was
60	60	committed, and the former law is continued in effect for that
61	61	purpose. For purposes of this section, an offense was committed
62	62	before September 1, 2017, if any element of the offense occurred
63	63	before that date.
64	64	SECTION 8. Section 418.004, Labor Code, as added by this
65	65	Act, applies to a subpoena issued on or after the effective date of
66	66	this Act, regardless of whether the offense investigated was
67	67	committed before, on, or after that date.
68	68	SECTION 9. This Act takes effect immediately if it receives
69	69	a vote of two-thirds of all the members elected to each house, as
70	70	provided by Section 39, Article III, Texas Constitution. If this
71	71	Act does not receive the vote necessary for immediate effect, this
72	72	Act takes effect September 1, 2017.