BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1715

                                                                                                                                          By: Seliger

                                                                                                                                             Insurance

                                                                                                       Committee Report (Unamended)

BACKGROUND AND PURPOSE

 

The state, in attempting to prosecute an insurance fraud offense, has encountered difficulty in determining a venue to do so in cases where the offense involves aspects that took place in several different parts of the state.  Additionally, the Texas Department of Insurance’s fraud investigation unit is limited in the venues to which it can refer a case because counties where cases are referred are often unwilling to prosecute due to limited resources and large case dockets.

 

S.B. 1715 authorizes a prosecuting entity to prosecute an insurance fraud offense in several different venues set forth in the bill, thereby providing more options for state entities attempting to prosecute such fraud.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  Amends Chapter 13, Code of Criminal Procedure, by adding Article 13.33, as follows:

 

Art. 13.33.  INSURANCE FRAUD.  States that an offense under Chapter 35, Penal Code, may be prosecuted in:  the county where the offense was committed; any county in which a defendant:  had control or possession of:  any proceeds of the offense; or any document, record, or property used in furtherance of the offense; or made any statement in furtherance of the offense; or the county in which a prosecution may be brought under Section 85.051, Insurance Code, if applicable.

 

SECTION 2.  States that the change in law made by this Act applies only to an offense committed on or after the effective date of this Act.  An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.  For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

 

SECTION 3.  Effective date: September 1, 2007.

 

 

EFFECTIVE DATE

 

September 1, 2007.