By George H.B. No. 3213
77R5891 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to use of the term "workers' compensation commission" and
1-3 symbols identified with that commission by an entity other than the
1-4 Texas Workers' Compensation Commission; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 5, Labor Code, is amended by
1-7 adding Chapter 405 to read as follows:
1-8 CHAPTER 405. MISUSE OF COMMISSION NAME
1-9 Sec. 405.001. DEFINITIONS. (a) In this chapter:
1-10 (1) "Representation of the commission's star logo"
1-11 includes a nonexact representation that is deceptively similar to
1-12 the star logo used by the commission.
1-13 (2) "Representation of the state seal" has the meaning
1-14 assigned by Section 17.08(a)(2), Business & Commerce Code.
1-15 (b) A term or representation is "deceptively similar" for
1-16 purposes of this chapter if:
1-17 (1) a reasonable person would believe that the term or
1-18 representation is in any manner approved, endorsed, sponsored,
1-19 authorized by, the same as, or associated with the commission, this
1-20 state, or an agency of this state; or
1-21 (2) the circumstances under which the term is used
1-22 could mislead a reasonable person as to its identity.
1-23 Sec. 405.002. MISUSE OF COMMISSION NAME OR SYMBOLS
1-24 PROHIBITED. (a) Except as authorized by law, a person, in
2-1 connection with any impersonation, advertisement, solicitation,
2-2 business name, business activity, document, product, or service
2-3 made or offered by the person, may not knowingly use or cause to be
2-4 used:
2-5 (1) the words "Texas Workers' Compensation
2-6 Commission," "Workers' Compensation Commission," or "Texas Workers'
2-7 Compensation";
2-8 (2) any term using both "Texas" and "Workers'
2-9 Compensation" or any term using both "Texas" and "Workers' Comp";
2-10 (3) the initials "T.W.C.C."; or
2-11 (4) any combination or variation of the words or
2-12 initials, or any term deceptively similar to the words or initials,
2-13 described by Subdivisions (1)-(3).
2-14 (b) A person subject to Subsection (a) may not knowingly use
2-15 or cause to be used a word, term, or initials described by
2-16 Subsection (a) alone or in conjunction with:
2-17 (1) the state seal or a representation of the state
2-18 seal;
2-19 (2) a picture or map of this state; or
2-20 (3) the official logo of the commission or a
2-21 representation of the commission's star logo.
2-22 Sec. 405.003. RULES. The commission may adopt rules relating
2-23 to the regulation of the use of the commission's name and other
2-24 rules as necessary to implement this chapter.
2-25 Sec. 405.004. CRIMINAL PENALTY. (a) A person who violates
2-26 Section 405.002 commits an offense.
2-27 (b) An offense under this section is a state jail felony.
3-1 Sec. 405.005. CIVIL PENALTY. (a) A person who violates
3-2 Section 405.002 or a rule adopted under this chapter is liable for
3-3 a civil penalty not to exceed $5,000 for each violation.
3-4 (b) The attorney general, at the request of the commission,
3-5 shall bring an action to collect a civil penalty under this section
3-6 in a district court in Travis County.
3-7 Sec. 405.006. ADMINISTRATIVE PENALTY. (a) The commission
3-8 may assess an administrative penalty against a person who violates
3-9 Section 405.002 or a rule adopted under this chapter.
3-10 (b) An administrative penalty imposed under this section:
3-11 (1) may not exceed $5,000 for each violation; and
3-12 (2) is subject to the procedural requirements adopted
3-13 for administrative penalties imposed under Section 415.021.
3-14 Sec. 405.007. INJUNCTIVE RELIEF. (a) At the request of the
3-15 commission, the attorney general or a district attorney may bring
3-16 an action in district court in Travis County to enjoin or restrain
3-17 a violation or threatened violation of this chapter on a showing
3-18 that a violation has occurred or is likely to occur.
3-19 (b) The commission may recover the costs of investigating an
3-20 alleged violation of this chapter if an injunction is issued.
3-21 Sec. 405.008. REMEDIES NOT EXCLUSIVE. The remedies provided
3-22 by this chapter are not exclusive and may be sought in any
3-23 combination determined by the commission as necessary to enforce
3-24 this chapter.
3-25 SECTION 2. This Act takes effect September 1, 2001.