By Counts, Duncan                                     H.B. No. 1487
          Substitute the following for H.B. No. 1487:
          By Pitts                                          C.S.H.B. No. 1487
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the investigation, prosecution, and punishment of the
    1-3  offense of insurance fraud.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 7, Penal Code, is amended by adding Chapter
    1-6  35 to read as follows:
    1-7                     CHAPTER 35.  INSURANCE FRAUD
    1-8        Sec. 35.01.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Health care goods" means a tangible product,
   1-10  device, medicine, or other object provided in conjunction with a
   1-11  health care service.
   1-12              (2)  "Health care provider" means a person who renders
   1-13  health care services or an agent or employee of an organization
   1-14  that renders or provides a facility and means to render health care
   1-15  services.  The term includes a physician, surgeon, person who may
   1-16  be selected by an insured or a beneficiary under Article 21.52,
   1-17  Insurance Code, and person defined as a provider of health care
   1-18  under Section 2.05(d)(1), Medical Practice Act (Article 4495b,
   1-19  Vernon's Texas Civil Statutes).
   1-20              (3)  "Health care service" means a service that is
   1-21  intended to improve or maintain the physical or mental condition of
   1-22  an individual and that is rendered, directed, or supervised by a
   1-23  health care provider.
    2-1              (4)  "Insurer" means a person who engages in the
    2-2  business of insurance in this state, including:
    2-3                    (A)  an insurer that is not authorized to do
    2-4  business in this state;
    2-5                    (B)  a health maintenance organization;
    2-6                    (C)  a group hospital service corporation
    2-7  regulated under Chapter 20, Insurance Code; and
    2-8                    (D)  any person who self-insures and provides
    2-9  health care benefits to the person's employees.
   2-10              (5)  "Statement" means an oral or written communication
   2-11  or a record or documented representation of fact evidencing a loss,
   2-12  injury, or expense.  The term includes computer-generated
   2-13  information.
   2-14        Sec. 35.02.  INSURANCE FRAUD.  (a)  A person commits an
   2-15  offense if, with intent to defraud or deceive an insurer, the
   2-16  person prepares or presents to an insurer in support of a claim for
   2-17  payment under a health or property and casualty insurance policy a
   2-18  statement that the person knows:
   2-19              (1)  contains false or misleading information
   2-20  concerning a matter that is material to the claim, and the matter
   2-21  affects a person's right to a payment or the amount of payment to
   2-22  which a person is entitled.
   2-23        (b)  A person commits an offense if the person, with intent
   2-24  to defraud or deceive an insurer, solicits, offers, pays, or
   2-25  receives a benefit in connection with the furnishing of health care
    3-1  goods or services for which payment is sought under an insurance
    3-2  policy.
    3-3        (c)  For purposes of Subsection (a), information concerning a
    3-4  matter that is material to a claim for payment under an insurance
    3-5  policy includes information concerning:
    3-6              (1)  whether health care goods or services were
    3-7  provided;
    3-8              (2)  whether health care goods or services were
    3-9  medically necessary under professionally accepted standards;
   3-10              (3)  the nature of the health care goods or services
   3-11  provided;
   3-12              (4)  the date on which health care goods or services
   3-13  were provided;
   3-14              (5)  the medical record of goods or services provided;
   3-15              (6)  the condition treated or diagnosis made;
   3-16              (7)  the identity and applicable license of the
   3-17  provider or the recipient of health care goods or services;
   3-18              (8)  whether property was damaged or lost in the manner
   3-19  and under the circumstances described in a statement related to a
   3-20  claim for insurance payment; or
   3-21              (9)  whether any other claim for insurance payment has
   3-22  been communicated to any other insurer concerning property damage
   3-23  or loss to the same property.
   3-24        (d)  An offense under this section is:
   3-25              (1)  a state jail felony if the value of the claim or
    4-1  of the benefit solicited, offered, paid, or received is $1,500 or
    4-2  more but less than $20,000;
    4-3              (2)  a felony of the third degree if the value of the
    4-4  claim or of the benefit solicited, offered, paid, or received is
    4-5  $20,000 or more but less than $100,000;
    4-6              (3)  a felony of the second degree if the value of the
    4-7  claim or of the benefit solicited, offered, paid, or received is
    4-8  $100,000 or more but less than $200,000; or
    4-9              (4)  a felony of the first degree if the value of the
   4-10  claim or of the benefit solicited, offered, paid, or received is
   4-11  $200,000 or more.
   4-12        Sec. 35.03.  AGGREGATION AND MULTIPLE OFFENSES.  (a)  If
   4-13  benefits are received in violation of this chapter or if statements
   4-14  are made in support of multiple claims pursuant to one scheme or
   4-15  continuing course of conduct, whether from the same or several
   4-16  sources, the conduct may be considered as one offense and the
   4-17  benefits or claims aggregated in determining the category of the
   4-18  offense.
   4-19        (b)  If three or more offenses are committed in violation of
   4-20  this chapter, the penalty for each offense is one category higher
   4-21  than the penalty for the most serious single offense for which the
   4-22  defendant is convicted.  However, if the punishment for the most
   4-23  serious single offense is a felony of the first degree, the penalty
   4-24  for each offense is a felony of the first degree.
   4-25        (c)  If the attorney representing the state seeks enhancement
    5-1  under Subsection (b), the state may not aggregate amounts under
    5-2  Subsection (a) in the prosecution of the case.
    5-3        Sec. 35.04.  JURISDICTION OF ATTORNEY GENERAL.  (a)  The
    5-4  attorney general may offer to an attorney representing the state in
    5-5  the prosecution of an offense under Section 35.02 the
    5-6  investigative, technical, and litigation assistance of the attorney
    5-7  general's office.
    5-8        (b)  The attorney general may prosecute or assist in the
    5-9  prosecution of an offense under Section 35.02 on the request of the
   5-10  attorney representing the state described by Subsection (a).
   5-11        SECTION 2.  Article 2.12, Code of Criminal Procedure, is
   5-12  amended to read as follows:
   5-13        Art. 2.12.  Who are peace officers.  The following are peace
   5-14  officers:
   5-15              (1)  sheriffs and their deputies;
   5-16              (2)  constables and deputy constables;
   5-17              (3)  marshals or police officers of an incorporated
   5-18  city, town, or village;
   5-19              (4)  rangers and officers commissioned by the Public
   5-20  Safety Commission and the Director of the Department of Public
   5-21  Safety;
   5-22              (5)  investigators of the district attorneys', criminal
   5-23  district attorneys', and county attorneys' offices;
   5-24              (6)  law enforcement agents of the Texas Alcoholic
   5-25  Beverage Commission;
    6-1              (7)  each member of an arson investigating unit
    6-2  commissioned by a city, a county, or the state;
    6-3              (8)  officers commissioned under Section 21.483,
    6-4  Education Code, or Subchapter E, Chapter 51, Education Code;
    6-5              (9)  officers commissioned by the General Services
    6-6  Commission;
    6-7              (10)  law enforcement officers commissioned by the
    6-8  Parks and Wildlife Commission;
    6-9              (11)  airport police officers commissioned by a city
   6-10  with a population of more than one million, according to the most
   6-11  recent federal census, that operates an airport that serves
   6-12  commercial air carriers;
   6-13              (12)  airport security personnel commissioned as peace
   6-14  officers by the governing body of any political subdivision of this
   6-15  state, other than a city described by Subdivision (11), that
   6-16  operates an airport that serves commercial air carriers;
   6-17              (13)  municipal park and recreational patrolmen and
   6-18  security officers;
   6-19              (14)  security officers commissioned as peace officers
   6-20  by the State Treasurer;
   6-21              (15)  officers commissioned by a water control and
   6-22  improvement district under Section 51.132, Water Code;
   6-23              (16)  officers commissioned by a board of trustees
   6-24  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   6-25  1961 (Article 1187f, Vernon's Texas Civil Statutes);
    7-1              (17)  investigators commissioned by the Texas State
    7-2  Board of Medical Examiners;
    7-3              (18)  officers commissioned by the board of managers of
    7-4  the Dallas County Hospital District, the Tarrant County Hospital
    7-5  District, or the Bexar County Hospital District under Section
    7-6  281.057, Health and Safety Code;
    7-7              (19)  county park rangers commissioned under Subchapter
    7-8  E, Chapter 351, Local Government Code;
    7-9              (20)  investigators employed by the Texas Racing
   7-10  Commission;
   7-11              (21)  officers commissioned by the State Board of
   7-12  Pharmacy;
   7-13              (22)  officers commissioned by the governing body of a
   7-14  metropolitan rapid transit authority under Section 13, Chapter 141,
   7-15  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   7-16  Vernon's Texas Civil Statutes), or by a regional transportation
   7-17  authority under Section 10, Chapter 683, Acts of the 66th
   7-18  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   7-19  Civil Statutes);
   7-20              (23)  officers commissioned under the Texas High-Speed
   7-21  Rail Act (Article 6674v.2, Revised Statutes) <by the Texas
   7-22  High-Speed Rail Authority>;
   7-23              (24)  investigators commissioned by the attorney
   7-24  general under Section 402.009, Government Code;
   7-25              (25)  security officers and investigators commissioned
    8-1  as peace officers under Chapter 466, Government Code; <and>
    8-2              (26)  an officer employed by the Texas Department of
    8-3  Health under Section 431.2471, Health and Safety Code;<.>
    8-4              (27) <(26)>  officers appointed by an appellate court
    8-5  under Subchapter F, Chapter 53, Government Code;<.>
    8-6              (28) <(26)>  officers commissioned by the state fire
    8-7  marshal under Chapter 417, Government Code; and
    8-8              (29)  an investigator commissioned by the commissioner
    8-9  of insurance under Article 1.10D, Insurance Code.
   8-10        SECTION 3.  Article 59.01(2), Code of Criminal Procedure, as
   8-11  amended by Section 5, Chapter 761, and Section 1, Chapter 828, Acts
   8-12  of the 73rd Legislature, Regular Session, 1993, is amended to read
   8-13  as follows:
   8-14              (2)  "Contraband" means property of any nature,
   8-15  including real, personal, tangible, or intangible, that is:
   8-16                    (A)  used in the commission of:
   8-17                          (i)  any first or second degree felony
   8-18  under the Penal Code;
   8-19                          (ii)  any felony under Chapters 29, 30, 31,
   8-20  <or> 32, or 35, Penal Code; or
   8-21                          (iii)  any felony under The Securities Act
   8-22  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
   8-23                    (B)  used or intended to be used in the
   8-24  commission of:
   8-25                          (i)  any felony under Chapter 481, Health
    9-1  and Safety Code (Texas Controlled Substances Act);
    9-2                          (ii)  any felony under Chapter 483, Health
    9-3  and Safety Code;
    9-4                          (iii)  a felony under Article 350, Revised
    9-5  Statutes; <or>
    9-6                          (iv)  any felony under Chapter 34, Penal
    9-7  Code; <or>
    9-8                          (v) <(iv)>  a Class A misdemeanor under
    9-9  Subchapter B, Chapter 365, Health and Safety Code, if the defendant
   9-10  has been previously convicted twice of an offense under that
   9-11  subchapter; or
   9-12                          (vi) <(v)>  any felony under The Sale of
   9-13  Checks Act (Article 489d, Vernon's Texas Civil Statutes);
   9-14                    (C)  the proceeds gained from the commission of a
   9-15  felony listed in Paragraph (A) or (B) of this subdivision or a
   9-16  crime of violence; or
   9-17                    (D)  acquired with proceeds gained from the
   9-18  commission of a felony listed in Paragraph (A) or (B) of this
   9-19  subdivision or a crime of violence.
   9-20        SECTION 4.  Article 59.06, Code of Criminal Procedure, is
   9-21  amended by adding Subsection (j) to read as follows:
   9-22        (j)  Notwithstanding Subsections (b) and (c), the disposition
   9-23  of property that is contraband because of its use in the commission
   9-24  of an offense under Chapter 35, Penal Code, or because it is a
   9-25  proceed gained from the commission of an offense under Chapter 35,
   10-1  Penal Code, is as follows:
   10-2              (1)  to the attorney general, if the attorney general
   10-3  has investigated, prosecuted, or assisted in the prosecution of the
   10-4  offense;
   10-5              (2)  to the attorney representing the state; and
   10-6              (3)  to the insurer defrauded as a result of the
   10-7  offense.
   10-8        SECTION 5.  Section 2, Article 1.10D, Insurance Code, is
   10-9  amended by amending Subsections (b) and (e) and adding Subsections
  10-10  (f) and (g) to read as follows:
  10-11        (b)  If the commissioner has reason to believe that a person
  10-12  has engaged in or is engaging in an act or practice that may
  10-13  constitute <a fraudulent> insurance fraud <act> or has committed,
  10-14  or is about to commit, <a fraudulent> insurance fraud <act>, the
  10-15  commissioner may make any investigation necessary inside or outside
  10-16  this state to determine whether or not the act has occurred, or to
  10-17  aid in the enforcement of the laws relating to fraudulent insurance
  10-18  acts.  <In regard to allegations of fraud on the part of a
  10-19  policyholder or claimant, the commissioner's authority to initiate
  10-20  investigations under this subsection is limited to those instances
  10-21  in which there is evidence showing a pattern of fraudulent
  10-22  activity.>
  10-23        (e)  This section does not prohibit or limit the authority of
  10-24  an insurer to conduct its own independent investigation into a
  10-25  suspected case of insurance claim fraud.  Before an insurer may
   11-1  request the commissioner to conduct an investigation of suspected
   11-2  claim fraud, the insurer must have completed its investigation and
   11-3  drafted a report of its findings.  The insurer shall submit the
   11-4  report and the related investigation file to the commissioner as
   11-5  part of the insurer's request for investigation by the
   11-6  commissioner.  <In regard to an insurer's request for investigation
   11-7  under this subsection, the commissioner's authority to undertake an
   11-8  investigation against a policyholder or claimant is limited to
   11-9  those instances in which the insurer's investigation reports show a
  11-10  pattern of fraudulent activity.>
  11-11        (f)  The commissioner may employ investigators as the
  11-12  commissioner considers necessary to enforce this article and may
  11-13  commission those investigators as peace officers.  An investigator
  11-14  employed by the department as a peace officer must meet the
  11-15  requirements for peace officers imposed under Chapter 415,
  11-16  Government Code.  If the commissioner elects to the commission
  11-17  peace officers, the commissioner shall appoint a chief investigator
  11-18  who is commissioned as a peace officer and who is qualified by
  11-19  training and experience in law enforcement to supervise, direct,
  11-20  and administer the activities of the commissioned investigators.
  11-21        (g)  An investigator employed by the department may request
  11-22  the assistance of local law enforcement officers in conducting an
  11-23  investigation authorized by this article.
  11-24        SECTION 6.  (a)  The change in law made by Chapter 35, Penal
  11-25  Code, as added by this Act, applies only to an offense committed on
   12-1  or after the effective date of this Act.  For purposes of this
   12-2  section, an offense is committed before the effective date of this
   12-3  Act if any element of the offense occurs before that date.
   12-4        (b)  An offense committed before the effective date of this
   12-5  Act is governed by the law in effect when the offense was
   12-6  committed, and the former law is continued in effect for that
   12-7  purpose.
   12-8        SECTION 7.  This Act takes effect September 1, 1995.
   12-9        SECTION 8.  The importance of this legislation and the
  12-10  crowded condition of the calendars in both houses create an
  12-11  emergency and an imperative public necessity that the
  12-12  constitutional rule requiring bills to be read on three several
  12-13  days in each house be suspended, and this rule is hereby suspended.