By Smithee                                      H.B. No. 2457

      75R8253 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution and punishment of insurance fraud and

 1-3     engaging in organized criminal activity for which the underlying

 1-4     offense is insurance fraud.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 35.01, Penal Code, is amended by amending

 1-7     Subdivision (4) and by adding Subdivision (6) to read as follows:

 1-8                 (4)  "Insurer" means a person who engages in the

 1-9     business of insurance in this state, including:

1-10                       (A)  an insurer that is not authorized to do

1-11     business in this state;

1-12                       (B)  a health maintenance organization;

1-13                       (C)  a group hospital service corporation

1-14     regulated under Chapter 20, Insurance Code; [and]

1-15                       (D)  any person who self-insures; and

1-16                       (E)  any entity doing insurance business under

1-17     the Insurance Code [and provides health care benefits to the

1-18     person's employees].

1-19                 (6)  "Claim" means a written or oral communication made

1-20     to an insurer under the terms of a health or property and casualty

1-21     insurance policy that may reasonably be:

1-22                       (A)  construed as a demand for payment by an

1-23     insurer to another; or

1-24                       (B)  expected to result in the payment by an

 2-1     insurer to another.

 2-2           SECTION 2.  Chapter 35, Penal Code, is amended by adding

 2-3     Sections 35.021 and 35.022 to read as follows:

 2-4           Sec. 35.021.  PENALTY FOR FRAUDULENTLY OBTAINING OR DENYING

 2-5     BENEFITS.  (a)  A person commits an offense if the person, with the

 2-6     intent to obtain or deny payment of benefits, including medical

 2-7     benefits, under Subtitle A or Subtitle C, Labor Code, for himself

 2-8     or another, knowingly or intentionally:

 2-9                 (1)  makes a false or misleading statement;

2-10                 (2)  misrepresents or conceals a material fact; or

2-11                 (3)  fabricates, alters, conceals, or destroys a

2-12     document other than a governmental record.

2-13           (b)  An offense under Subsection (a) is:

2-14                 (1)  a Class A misdemeanor if the value of the benefits

2-15     is less than $1,500; and

2-16                 (2)  a state jail felony if the value of the benefits

2-17     is $1,500 or more.

2-18           Sec. 35.022.  PENALTY FOR FRAUDULENTLY OBTAINING WORKERS'

2-19     COMPENSATION INSURANCE COVERAGE.  (a)  A person commits an offense

2-20     if the person, with the intent to obtain workers' compensation

2-21     insurance coverage under the workers' compensation insurance laws

2-22     of this state or to avoid payment of premiums due for that

2-23     coverage, for himself or another, knowingly or intentionally:

2-24                 (1)  makes a false statement;

2-25                 (2)  misrepresents or conceals a material fact; or

2-26                 (3)  makes a false entry in, fabricates, alters,

2-27     conceals, or destroys a document other than a governmental record.

 3-1           (b)  An offense under Subsection (a) is:

 3-2                 (1)  a Class A misdemeanor if the amount of premium

 3-3     avoided is less than $1,500; and

 3-4                 (2)  a state jail felony if the amount of the premium

 3-5     avoided is $1,500 or more.

 3-6           (c)  The court may order a person to pay restitution to an

 3-7     insurance company, the Texas workers' compensation insurance

 3-8     facility, or the Texas Workers' Compensation Insurance Fund if the

 3-9     person commits an offense under this section.

3-10           SECTION 3.  Section 71.02(a), Penal Code, is amended to read

3-11     as follows:

3-12           (a)  A person commits an offense if, with the intent to

3-13     establish, maintain, or participate in a combination or in the

3-14     profits of a combination or as a member of a criminal street gang,

3-15     he commits or conspires to commit one or more of the following:

3-16                 (1)  murder, capital murder, arson, aggravated robbery,

3-17     robbery, burglary, theft, aggravated kidnapping, kidnapping,

3-18     aggravated assault, aggravated sexual assault, sexual assault,

3-19     forgery, deadly conduct, assault punishable as a Class A

3-20     misdemeanor, burglary of a motor vehicle, or unauthorized use of a

3-21     motor vehicle;

3-22                 (2)  any gambling offense punishable as a Class A

3-23     misdemeanor;

3-24                 (3)  promotion of prostitution, aggravated promotion of

3-25     prostitution, or compelling prostitution;

3-26                 (4)  unlawful manufacture, transportation, repair, or

3-27     sale of firearms or prohibited weapons;

 4-1                 (5)  unlawful manufacture, delivery, dispensation, or

 4-2     distribution of a controlled substance or dangerous drug, or

 4-3     unlawful possession of a controlled substance or dangerous drug

 4-4     through forgery, fraud, misrepresentation, or deception;

 4-5                 (6)  any unlawful wholesale promotion or possession of

 4-6     any obscene material or obscene device with the intent to wholesale

 4-7     promote the same;

 4-8                 (7)  any unlawful employment, authorization, or

 4-9     inducing of a child younger than 17 years of age in an obscene

4-10     sexual performance;

4-11                 (8)  any felony offense under Chapter 32, Penal Code;

4-12                 (9)  any offense under Chapter 36, Penal Code; [or]

4-13                 (10)  any offense under Chapter 34, Penal Code; or

4-14                 (11)  any offense under Chapter 35, Penal Code.

4-15           SECTION 4.  Sections 418.001 and 418.002, Labor Code, are

4-16     repealed.

4-17           SECTION 5.  (a)  The change in law made by this Act applies

4-18     only to an offense committed on or after the effective date of this

4-19     Act.  For purposes of this section, an offense is committed before

4-20     the effective date of this Act if any element of the offense occurs

4-21     before the effective date.

4-22           (b)  An offense committed before the effective date of this

4-23     Act is covered by the law in effect when the offense was committed,

4-24     and the former law is continued in effect for that purpose.

4-25           SECTION 6.  This Act takes effect September 1, 1997.

4-26           SECTION 7.  The importance of this legislation and the

4-27     crowded condition of the calendars in both houses create an

 5-1     emergency and an imperative public necessity that the

 5-2     constitutional rule requiring bills to be read on three several

 5-3     days in each house be suspended, and this rule is hereby suspended.