By:  Thompson (Senate Sponsor - Averitt)                          H.B. No. 1838
	(In the Senate - Received from the House May 7, 2003; 
May 9, 2003, read first time and referred to Committee on Criminal 
Justice; May 23, 2003, reported favorably by the following vote:  
Yeas 4, Nays 0; May 23, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the prosecution of the offense of insurance fraud; 
providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 35.02, Penal Code, is amended by adding 
Subsection (e) to read as follows:
	(e)  The court shall order a defendant convicted of an 
offense under this section to pay restitution, including court 
costs and attorney's fees, to an affected insurer.
	SECTION 2.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003. An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense was committed before that date.



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