1-1  By:  Counts, Duncan (Senate Sponsor - Montford)       H.B. No. 1487
    1-2        (In the Senate - Received from the House May 11, 1995;
    1-3  May 12, 1995, read first time and referred to Committee on Economic
    1-4  Development; May 22, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 7, Nays 0;
    1-6  May 22, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 1487                   By:  Lucio
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the investigation, prosecution, and punishment of the
   1-11  offense of insurance fraud.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Title 7, Penal Code, is amended by adding Chapter
   1-14  35 to read as follows:
   1-15                     CHAPTER 35.  INSURANCE FRAUD
   1-16        Sec. 35.01.  DEFINITIONS.  In this chapter:
   1-17              (1)  "Health care goods" means a tangible product,
   1-18  device, medicine, or other object provided in conjunction with a
   1-19  health care service.
   1-20              (2)  "Health care provider" means a person who renders
   1-21  health care services or an agent or employee of an organization
   1-22  that renders or provides a facility and means to render health care
   1-23  services.  The term includes a physician, surgeon, person who may
   1-24  be selected by an insured or a beneficiary under Article 21.52,
   1-25  Insurance Code, and person defined as a provider of health care
   1-26  under Section 2.05(d)(1), Medical Practice Act (Article 4495b,
   1-27  Vernon's Texas Civil Statutes).
   1-28              (3)  "Health care service" means a service that is
   1-29  intended to improve or maintain the physical or mental condition of
   1-30  an individual and that is rendered, directed, or supervised by a
   1-31  health care provider.
   1-32              (4)  "Insurer" means a person who engages in the
   1-33  business of insurance in this state, including:
   1-34                    (A)  an insurer that is not authorized to do
   1-35  business in this state;
   1-36                    (B)  a health maintenance organization;
   1-37                    (C)  a group hospital service corporation
   1-38  regulated under Chapter 20, Insurance Code; and
   1-39                    (D)  any person who self-insures and provides
   1-40  health care benefits to the person's employees.
   1-41              (5)  "Statement" means an oral or written communication
   1-42  or a record or documented representation of fact evidencing a loss,
   1-43  injury, or expense.  The term includes computer-generated
   1-44  information.
   1-45        Sec. 35.02.  INSURANCE FRAUD.  (a)  A person commits an
   1-46  offense if, with intent to defraud or deceive an insurer, the
   1-47  person causes to be prepared or presents to an insurer in support
   1-48  of a claim for payment under a health or property and casualty
   1-49  insurance policy a statement that the person knows contains false
   1-50  or misleading information concerning a matter that is material to
   1-51  the claim, and the matter affects a person's right to a payment or
   1-52  the amount of payment to which a person is entitled.
   1-53        (b)  A person commits an offense if, with intent to defraud
   1-54  or deceive an insurer, the person solicits, offers, pays, or
   1-55  receives a benefit in connection with the furnishing of health care
   1-56  goods or services for which a claim for payment is submitted under
   1-57  a health or property and casualty insurance policy.
   1-58        (c)  For purposes of Subsection (a), information concerning a
   1-59  matter that is material to a claim for payment under an insurance
   1-60  policy includes information concerning:
   1-61              (1)  whether health care goods or services were
   1-62  provided;
   1-63              (2)  whether health care goods or services were
   1-64  medically necessary under professionally accepted standards;
   1-65              (3)  the nature of the health care goods or services
   1-66  provided;
   1-67              (4)  the date on which health care goods or services
   1-68  were provided;
    2-1              (5)  the medical record of goods or services provided;
    2-2              (6)  the condition treated or diagnosis made;
    2-3              (7)  the identity and applicable license of the
    2-4  provider or the recipient of health care goods or services;
    2-5              (8)  whether property was damaged or lost in the manner
    2-6  and under the circumstances described in a statement related to a
    2-7  claim for insurance payment; or
    2-8              (9)  whether any other claim for insurance payment has
    2-9  been communicated to any other insurer concerning property damage
   2-10  or loss to the same property.
   2-11        (d)  An offense under this section is:
   2-12              (1)  a state jail felony if the value of the claim is
   2-13  $1,500 or more but less than $20,000;
   2-14              (2)  a felony of the third degree if the value of the
   2-15  claim is $20,000 or more but less than $100,000;
   2-16              (3)  a felony of the second degree if the value of the
   2-17  claim is $100,000 or more but less than $200,000; or
   2-18              (4)  a felony of the first degree if the value of the
   2-19  claim is $200,000 or more.
   2-20        Sec. 35.03.  AGGREGATION AND MULTIPLE OFFENSES.  (a)  When
   2-21  separate claims in violation of this chapter are communicated to an
   2-22  insurer or group of insurers pursuant to one scheme or continuing
   2-23  course of conduct, the conduct may be considered as one offense and
   2-24  the value of the claims aggregated in determining the
   2-25  classification of the offense.  If claims are aggregated under this
   2-26  subsection, Subsection (b) shall not apply.
   2-27        (b)  When three or more separate claims in violation of this
   2-28  chapter are communicated to an insurer or group of insurers
   2-29  pursuant to one scheme or continuing course of conduct, the conduct
   2-30  may be considered as one offense, and the classification of the
   2-31  offense shall be one category higher than the most serious single
   2-32  offense proven from the separate claims, except that if the most
   2-33  serious offense is a felony of the first degree, the offense is a
   2-34  felony of the first degree.  This subsection shall not be applied
   2-35  if claims are aggregated under Subsection (a).
   2-36        Sec. 35.04.  JURISDICTION OF ATTORNEY GENERAL.  (a)  The
   2-37  attorney general may offer to an attorney representing the state in
   2-38  the prosecution of an offense under Section 35.02 the
   2-39  investigative, technical, and litigation assistance of the attorney
   2-40  general's office.
   2-41        (b)  The attorney general may prosecute or assist in the
   2-42  prosecution of an offense under Section 35.02 on the request of the
   2-43  attorney representing the state described by Subsection (a).
   2-44        SECTION 2.  Article 2.12, Code of Criminal Procedure, is
   2-45  amended to read as follows:
   2-46        Art. 2.12.  Who are peace officers.  The following are peace
   2-47  officers:
   2-48              (1)  sheriffs and their deputies;
   2-49              (2)  constables and deputy constables;
   2-50              (3)  marshals or police officers of an incorporated
   2-51  city, town, or village;
   2-52              (4)  rangers and officers commissioned by the Public
   2-53  Safety Commission and the Director of the Department of Public
   2-54  Safety;
   2-55              (5)  investigators of the district attorneys', criminal
   2-56  district attorneys', and county attorneys' offices;
   2-57              (6)  law enforcement agents of the Texas Alcoholic
   2-58  Beverage Commission;
   2-59              (7)  each member of an arson investigating unit
   2-60  commissioned by a city, a county, or the state;
   2-61              (8)  officers commissioned under Section 21.483,
   2-62  Education Code, or Subchapter E, Chapter 51, Education Code;
   2-63              (9)  officers commissioned by the General Services
   2-64  Commission;
   2-65              (10)  law enforcement officers commissioned by the
   2-66  Parks and Wildlife Commission;
   2-67              (11)  airport police officers commissioned by a city
   2-68  with a population of more than one million, according to the most
   2-69  recent federal census, that operates an airport that serves
   2-70  commercial air carriers;
    3-1              (12)  airport security personnel commissioned as peace
    3-2  officers by the governing body of any political subdivision of this
    3-3  state, other than a city described by Subdivision (11), that
    3-4  operates an airport that serves commercial air carriers;
    3-5              (13)  municipal park and recreational patrolmen and
    3-6  security officers;
    3-7              (14)  security officers commissioned as peace officers
    3-8  by the State Treasurer;
    3-9              (15)  officers commissioned by a water control and
   3-10  improvement district under Section 51.132, Water Code;
   3-11              (16)  officers commissioned by a board of trustees
   3-12  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   3-13  1961 (Article 1187f, Vernon's Texas Civil Statutes);
   3-14              (17)  investigators commissioned by the Texas State
   3-15  Board of Medical Examiners;
   3-16              (18)  officers commissioned by the board of managers of
   3-17  the Dallas County Hospital District, the Tarrant County Hospital
   3-18  District, or the Bexar County Hospital District under Section
   3-19  281.057, Health and Safety Code;
   3-20              (19)  county park rangers commissioned under Subchapter
   3-21  E, Chapter 351, Local Government Code;
   3-22              (20)  investigators employed by the Texas Racing
   3-23  Commission;
   3-24              (21)  officers commissioned by the State Board of
   3-25  Pharmacy;
   3-26              (22)  officers commissioned by the governing body of a
   3-27  metropolitan rapid transit authority under Section 13, Chapter 141,
   3-28  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   3-29  Vernon's Texas Civil Statutes), or by a regional transportation
   3-30  authority under Section 10, Chapter 683, Acts of the 66th
   3-31  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   3-32  Civil Statutes);
   3-33              (23)  officers commissioned under the Texas High-Speed
   3-34  Rail Act (Article 6674v.2, Revised Statutes) <by the Texas
   3-35  High-Speed Rail Authority>;
   3-36              (24)  investigators commissioned by the attorney
   3-37  general under Section 402.009, Government Code;
   3-38              (25)  security officers and investigators commissioned
   3-39  as peace officers under Chapter 466, Government Code; <and>
   3-40              (26)  an officer employed by the Texas Department of
   3-41  Health under Section 431.2471, Health and Safety Code;<.>
   3-42              (27) <(26)>  officers appointed by an appellate court
   3-43  under Subchapter F, Chapter 53, Government Code;<.>
   3-44              (28) <(26)>  officers commissioned by the state fire
   3-45  marshal under Chapter 417, Government Code; and
   3-46              (29)  an investigator commissioned by the commissioner
   3-47  of insurance under Article 1.10D, Insurance Code.
   3-48        SECTION 3.  Article 59.01(2), Code of Criminal Procedure, as
   3-49  amended by Section 5, Chapter 761, and Section 1, Chapter 828, Acts
   3-50  of the 73rd Legislature, Regular Session, 1993, is amended to read
   3-51  as follows:
   3-52              (2)  "Contraband" means property of any nature,
   3-53  including real, personal, tangible, or intangible, that is:
   3-54                    (A)  used in the commission of:
   3-55                          (i)  any first or second degree felony
   3-56  under the Penal Code;
   3-57                          (ii)  any felony under Chapters 29, 30, 31,
   3-58  <or> 32, or 35, Penal Code; or
   3-59                          (iii)  any felony under The Securities Act
   3-60  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
   3-61                    (B)  used or intended to be used in the
   3-62  commission of:
   3-63                          (i)  any felony under Chapter 481, Health
   3-64  and Safety Code (Texas Controlled Substances Act);
   3-65                          (ii)  any felony under Chapter 483, Health
   3-66  and Safety Code;
   3-67                          (iii)  a felony under Article 350, Revised
   3-68  Statutes; <or>
   3-69                          (iv)  any felony under Chapter 34, Penal
   3-70  Code; <or>
    4-1                          (v) <(iv)>  a Class A misdemeanor under
    4-2  Subchapter B, Chapter 365, Health and Safety Code, if the defendant
    4-3  has been previously convicted twice of an offense under that
    4-4  subchapter; or
    4-5                          (vi) <(v)>  any felony under The Sale of
    4-6  Checks Act (Article 489d, Vernon's Texas Civil Statutes);
    4-7                    (C)  the proceeds gained from the commission of a
    4-8  felony listed in Paragraph (A) or (B) of this subdivision or a
    4-9  crime of violence; or
   4-10                    (D)  acquired with proceeds gained from the
   4-11  commission of a felony listed in Paragraph (A) or (B) of this
   4-12  subdivision or a crime of violence.
   4-13        SECTION 4.  Section 2, Article 1.10D, Insurance Code, is
   4-14  amended by amending Subsections (b) and (e) and adding Subsections
   4-15  (f) and (g) to read as follows:
   4-16        (b)  If the commissioner has reason to believe that a person
   4-17  has engaged in or is engaging in an act or practice that may
   4-18  constitute either a fraudulent insurance act, as defined by Section
   4-19  1(a)(2) of this article, or insurance fraud under Section 35.02(a),
   4-20  Penal Code, or has committed, or is about to commit, a fraudulent
   4-21  insurance act or insurance fraud, the commissioner may make any
   4-22  investigation necessary inside or outside this state to determine
   4-23  whether or not the act has occurred, or to aid in the enforcement
   4-24  of the laws relating to fraudulent insurance acts or insurance
   4-25  fraud.  <In regard to allegations of fraud on the part of a
   4-26  policyholder or claimant, the commissioner's authority to initiate
   4-27  investigations under this subsection is limited to those instances
   4-28  in which there is evidence showing a pattern of fraudulent
   4-29  activity.>
   4-30        (e)  This section does not prohibit or limit the authority of
   4-31  an insurer to conduct its own independent investigation into a
   4-32  suspected case of insurance claim fraud.  Before an insurer may
   4-33  request the commissioner to conduct an investigation of suspected
   4-34  claim fraud, the insurer must have completed its investigation and
   4-35  drafted a report of its findings.  The insurer shall submit the
   4-36  report and the related investigation file to the commissioner as
   4-37  part of the insurer's request for investigation by the
   4-38  commissioner.  <In regard to an insurer's request for investigation
   4-39  under this subsection, the commissioner's authority to undertake an
   4-40  investigation against a policyholder or claimant is limited to
   4-41  those instances in which the insurer's investigation reports show a
   4-42  pattern of fraudulent activity.>
   4-43        (f)  The commissioner may employ investigators as the
   4-44  commissioner considers necessary to enforce this article and may
   4-45  commission those investigators as peace officers.  An investigator
   4-46  employed by the department as a peace officer must meet the
   4-47  requirements for peace officers imposed under Chapter 415,
   4-48  Government Code.  If the commissioner elects to commission peace
   4-49  officers, the commissioner shall appoint a chief investigator who
   4-50  is commissioned as a peace officer and who is qualified by training
   4-51  and experience in law enforcement to supervise, direct, and
   4-52  administer the activities of the commissioned investigators.
   4-53        (g)  An investigator employed by the department may request
   4-54  the assistance of local law enforcement officers in conducting an
   4-55  investigation authorized by this article.
   4-56        SECTION 5.  Subsection (d), Section 1B, Texas Motor Vehicle
   4-57  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   4-58  Statutes), is amended to read as follows:
   4-59        (d)  A standard proof of liability insurance form described
   4-60  in Subsection (a)(2) <(A)(2)> of this section, or a document that
   4-61  is an unauthorized version of the form, is a governmental record
   4-62  for purposes of Chapter 37, Penal Code.  A standard proof of
   4-63  liability insurance form is unauthorized for purposes of this
   4-64  subsection if it is not issued by an insurer authorized to transact
   4-65  motor vehicle liability insurance in this state.
   4-66        SECTION 6.  (a)  The change in law made by Chapter 35, Penal
   4-67  Code, as added by this Act, applies only to an offense committed on
   4-68  or after the effective date of this Act.  For purposes of this
   4-69  section, an offense is committed before the effective date of this
   4-70  Act if any element of the offense occurs before that date.
    5-1        (b)  An offense committed before the effective date of this
    5-2  Act is governed by the law in effect when the offense was
    5-3  committed, and the former law is continued in effect for that
    5-4  purpose.
    5-5        SECTION 7.  This Act takes effect September 1, 1995.
    5-6        SECTION 8.  The importance of this legislation and the
    5-7  crowded condition of the calendars in both houses create an
    5-8  emergency and an imperative public necessity that the
    5-9  constitutional rule requiring bills to be read on three several
   5-10  days in each house be suspended, and this rule is hereby suspended.
   5-11                               * * * * *