By:  Farabee                                                      H.B. No. 3086



A BILL TO BE ENTITLED

AN ACT

relating to Relating to deceptive use of the logo or name of the 
Texas Workers' Compensation Commission
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 405, Labor Code, is created to read as 
follows:          
	Chapter 405.  MISUSE OF COMMISSION NAME                                 
	Sec. 405.001.  DEFINITIONS.  (a)  In this chapter:                      
		(1)  "Representation of the commission's star logo" 
includes a nonexact representation that is deceptively similar to 
the star logo used by the commission.
		(2)  "Representation of the state seal" has the meaning 
assigned by Section 17.08(a)(2), Business & Commerce Code.
	(b)  A term or representation is "deceptively similar" for 
purposes of this chapter if:
		(1)  a reasonable person would believe that the term or 
representation is in any manner approved, endorsed, sponsored, 
authorized by, the same as, or associated with the commission, this 
state, or an agency of this state; or
		(2)  the circumstances under which the term is used 
could mislead a reasonable person as to its identity.
	Sec. 405.002.  MISUSE OF COMMISSION NAME OR SYMBOLS 
PROHIBITED.  (a)  Except as authorized by law, a person, in 
connection with any impersonation, advertisement, solicitation, 
business name, business activity, document, product, or service 
made or offered by the person, may not knowingly use or cause to be 
used:
		(1)  the words "Texas Workers' Compensation 
Commission," "Workers' Compensation Commission," or "Texas 
Workers' Compensation";
		(2)  any term using both "Texas" and "Workers' 
Compensation" or any term using both "Texas" and "Workers' Comp";
		(3)  the initials "T.W.C.C."; or                                       
		(4)  any combination or variation of the words or 
initials, or any term deceptively similar to the words or initials, 
described by Subdivisions (1)-(3).
	(b)  A person subject to Subsection (a) may not knowingly use 
or cause to be used a word, term, or initials described by 
Subsection (a) alone or in conjunction with:
		(1)  the state seal or a representation of the state 
seal;           
		(2)  a picture or map of this state; or                                
		(3)  the official logo of the commission or a 
representation of the commission's star logo.
	Sec. 405.003.  RULES.  The commission may adopt rules 
relating to the regulation of the use of the commission's name and 
other rules as necessary to implement this chapter.
	Sec. 405.004.  CIVIL PENALTY.  (a)  A person who violates 
Section 405.002 or a rule adopted under this chapter is liable for a 
civil penalty not to exceed $25,000 for each violation.
	(b)  The attorney general, at the request of the commission, 
shall bring an action to collect a civil penalty under this section 
in a district court in Travis County.
	Sec. 405.005.  ADMINISTRATIVE PENALTY.  (a)  The commission 
may assess an administrative penalty against a person who violates 
Section 405.002 or a rule adopted under this chapter.
	(b)  An administrative penalty imposed under this section:              
		(1)  may not exceed $25,000 for each violation; and                    
		(2)  is subject to the procedural requirements adopted 
for administrative penalties imposed under Section 415.021.
	Sec. 405.006.  INJUNCTIVE RELIEF.  (a)  At the request of the 
commission, the attorney general or a district attorney may bring 
an action in district court in Travis County to enjoin or restrain a 
violation or threatened violation of this chapter on a showing that 
a violation has occurred or is likely to occur.
	(b)  The commission may recover the costs of investigating an 
alleged violation of this chapter if an injunction is issued.
	Sec. 405.007.  REMEDIES NOT EXCLUSIVE.  The remedies 
provided by this chapter are not exclusive and may be sought in any 
combination determined by the commission as necessary to enforce 
this chapter.
	SECTION 2.  This Act takes effect for allegations of 
noncompliance received or after September 1, 2005.