|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to false claims against the state and actions by the state |
|
and private persons to prosecute those claims; providing a civil |
|
penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 10, Government Code, is |
|
amended by adding Chapter 2116 to read as follows: |
|
CHAPTER 2116. FALSE CLAIMS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 2116.001. SHORT TITLE. This chapter may be cited as |
|
the Texas Fraud Against Taxpayers Act. |
|
Sec. 2116.002. DEFINITIONS. In this chapter: |
|
(1) "Claim" includes any request or demand, under a |
|
contract or otherwise, for money or property that is made to a |
|
contractor, grantee, or other recipient if this state: |
|
(A) provides any portion of the money or property |
|
that is requested or demanded; or |
|
(B) will reimburse the contractor, grantee, or |
|
other recipient for any portion of the money or property that is |
|
requested or demanded. |
|
(2) "Documentary material" means the original or any |
|
copy of any book, record, report, memorandum, paper, communication, |
|
tabulation, chart, or other document, or date compilations stored |
|
in or accessible through computer or other information retrieval |
|
systems, together with instructions and all other materials |
|
necessary to use or interpret such data compilations, and any |
|
product of discovery. |
|
(3) "Product of discovery" means: |
|
(A) the original or duplicate of any deposition, |
|
interrogatory, document, thing, result of the inspection of land or |
|
other property, examination, or admission, that is obtained by any |
|
method of discovery in any judicial or administrative proceeding of |
|
an adversarial nature; |
|
(B) any digest, analysis, selection, |
|
compilation, or derivation of any item listed in Paragraph (A); and |
|
(C) any index or other manner of access to any |
|
item listed in Paragraph (A). |
|
(4) "Qui tam action" means an action brought by a |
|
private person against a person for the commission of a false claim |
|
under Section 2116.101. |
|
(5) "Qui tam plaintiff" means the person bringing a |
|
qui tam action. |
|
(6) "State" means state government as defined by |
|
Section 101.001, Civil Practice and Remedies Code. |
|
Sec. 2116.003. WHEN A PERSON ACTS KNOWINGLY. In this |
|
chapter, a person acts "knowingly" with respect to information if |
|
the person: |
|
(1) has knowledge of the information; |
|
(2) acts with conscious indifference to the truth or |
|
falsity of the information; or |
|
(3) acts in reckless disregard of the truth or falsity |
|
of the information. |
|
Sec. 2116.004. CERTAIN ACTIONS BARRED. (a) A person may |
|
not bring a qui tam action based on allegations or transactions that |
|
are the subject of a civil suit or an administrative penalty |
|
proceeding in which the state is already a party. |
|
(b) A person may not bring an action under this chapter that |
|
is based on the public disclosure of allegations or transactions in |
|
a criminal or civil hearing, in a legislative or administrative |
|
report, hearing, audit, or investigation, or from the news media, |
|
unless the person bringing the action is an original source of the |
|
information. In this subsection, "original source" means an |
|
individual who has direct and independent knowledge of the |
|
information on which the allegations are based and has voluntarily |
|
provided the information to the state before filing an action under |
|
this subchapter that is based on the information. |
|
Sec. 2116.005. CHAPTER NOT APPLICABLE TO MEDICAID FRAUD. |
|
This chapter does not apply to an unlawful act described by Section |
|
36.002, Human Resources Code, relating to Medicaid fraud. |
|
[Sections 2116.006-2116.050 reserved for expansion] |
|
SUBCHAPTER B. INVESTIGATION BY THE ATTORNEY GENERAL |
|
Sec. 2116.051. RESPONSIBILITY OF THE ATTORNEY GENERAL. The |
|
attorney general shall diligently investigate the commission of a |
|
false claim under Section 2116.101 and may bring a civil action |
|
against the person committing the false claim. |
|
Sec. 2116.052. INVESTIGATION. (a) The attorney general |
|
may take action under Subsection (b) if the attorney general has |
|
reason to believe that: |
|
(1) a person has information or custody or control of |
|
documentary material relevant to the subject matter of an |
|
investigation of an alleged false claim; |
|
(2) a person is committing, has committed, or is about |
|
to commit a false claim; or |
|
(3) it is in the public interest to conduct an |
|
investigation to ascertain whether a person is committing, has |
|
committed, or is about to commit a false claim. |
|
(b) In investigating a false claim, the attorney general |
|
may: |
|
(1) require the person to file on a prescribed form a |
|
statement in writing, under oath or affirmation, as to all the facts |
|
and circumstances concerning the alleged false claim and other |
|
information considered necessary by the attorney general; |
|
(2) examine under oath a person in connection with the |
|
alleged false claim; and |
|
(3) execute in writing and serve on the person a civil |
|
investigative demand requiring the person to produce the |
|
documentary material and permit inspection and copying of the |
|
material under Section 2116.053. |
|
(c) The office of the attorney general may not release or |
|
disclose information that is obtained under Subsection (b)(1) or |
|
(2) or any documentary material or other record derived from the |
|
information except: |
|
(1) by court order for good cause shown; |
|
(2) with the consent of the person who provided the |
|
information; |
|
(3) to an employee of the attorney general; |
|
(4) to an agency of this state, the United States, or |
|
another state; |
|
(5) to any attorney representing the state under |
|
Section 2116.055 or in a civil action brought under Subchapter D; |
|
(6) to a political subdivision of this state; or |
|
(7) to a person authorized by the attorney general to |
|
receive the information. |
|
(d) The attorney general may use documentary material |
|
derived from information obtained under Subsection (b)(1) or (2), |
|
or copies of that material, as the attorney general determines |
|
necessary in the enforcement of this chapter, including |
|
presentation before a court. |
|
(e) If a person fails to file a statement as required by |
|
Subsection (b)(1) or fails to submit to an examination as required |
|
by Subsection (b)(2), the attorney general may file in a district |
|
court of Travis County a petition for an order to compel the person |
|
to file the statement or submit to the examination within a period |
|
stated by court order. Failure to comply with an order entered |
|
under this subsection is punishable as contempt. |
|
(f) An order issued by a district court under this section |
|
is subject to appeal to the supreme court. |
|
Sec. 2116.053. CIVIL INVESTIGATIVE DEMAND. (a) An |
|
investigative demand must: |
|
(1) state the rule or statute under which the alleged |
|
unlawful act is being investigated and the general subject matter |
|
of the investigation; |
|
(2) describe the class or classes of documentary |
|
material to be produced with reasonable specificity to fairly |
|
indicate the documentary material demanded; |
|
(3) prescribe a return date within which the |
|
documentary material is to be produced; and |
|
(4) identify an authorized employee of the attorney |
|
general to whom the documentary material is to be made available for |
|
inspection and copying. |
|
(b) A civil investigative demand may require disclosure of |
|
any documentary material that is discoverable under the Texas Rules |
|
of Civil Procedure. |
|
(c) Service of an investigative demand may be made by: |
|
(1) delivering an executed copy of the demand to the |
|
person to be served or to a partner, an officer, or an agent |
|
authorized by appointment or by law to receive service of process on |
|
behalf of that person; |
|
(2) delivering an executed copy of the demand to the |
|
principal place of business in this state of the person to be |
|
served; or |
|
(3) mailing by registered or certified mail an |
|
executed copy of the demand addressed to the person to be served at |
|
the person's principal place of business in this state or, if the |
|
person has no place of business in this state, to a person's |
|
principal office or place of business. |
|
(d) Documentary material demanded under this section shall |
|
be produced for inspection and copying during normal business hours |
|
at the office of the attorney general or as agreed by the person |
|
served and the attorney general. |
|
(e) The office of the attorney general may not produce for |
|
inspection or copying or otherwise disclose the contents of |
|
documentary material obtained under this section except: |
|
(1) by court order for good cause shown; |
|
(2) with the consent of the person who produced the |
|
information; |
|
(3) to an employee of the attorney general; |
|
(4) to an agency of this state, the United States, or |
|
another state; |
|
(5) to any attorney representing the state under |
|
Section 2116.055 or in a civil action brought under Subchapter D; |
|
(6) to a political subdivision of this state; or |
|
(7) to a person authorized by the attorney general to |
|
receive the information. |
|
(f) The attorney general shall prescribe reasonable terms |
|
and conditions allowing the documentary material to be available |
|
for inspection and copying by the person who produced the material |
|
or by an authorized representative of that person. The attorney |
|
general may use the documentary material or copies of it as the |
|
attorney general determines necessary in the enforcement of this |
|
chapter, including presentation before a court. |
|
(g) A person may file a petition, stating good cause, to |
|
extend the return date for the demand or to modify or set aside the |
|
demand. A petition under this section shall be filed in a district |
|
court of Travis County and must be filed before the earlier of: |
|
(1) the return date specified in the demand; or |
|
(2) the 20th day after the date the demand is served. |
|
(h) Except as provided by court order, a person on whom a |
|
demand has been served under this section shall comply with the |
|
terms of an investigative demand. |
|
(i) A person who has committed a false claim has submitted |
|
to the jurisdiction of this state, and personal service of an |
|
investigative demand under this section may be made on the person |
|
outside of this state. |
|
(j) This section does not limit the authority of the |
|
attorney general to conduct investigations or to access a person's |
|
documentary materials or other information under another state or |
|
federal law, the Texas Rules of Civil Procedure, or the Federal |
|
Rules of Civil Procedure. |
|
(k) If a person fails to comply with an investigative |
|
demand, or if copying and reproduction of the documentary material |
|
demanded cannot be satisfactorily accomplished and the person |
|
refuses to surrender the documentary material, the attorney general |
|
may file in a district court of Travis County a petition for an |
|
order to enforce the investigative demand. |
|
(l) If a petition is filed under Subsection (k), the court |
|
may determine the matter presented and may enter an order to |
|
implement this section. |
|
(m) Failure to comply with a final order entered under |
|
Subsection (k) is punishable by contempt. |
|
(n) A final order issued by a district court under |
|
Subsection (k) is subject to appeal to the supreme court. |
|
Sec. 2116.054. INJUNCTIVE RELIEF. (a) If the attorney |
|
general has reason to believe that a person is committing, has |
|
committed, or is about to commit a false claim, the attorney general |
|
may institute an action for an appropriate order to restrain the |
|
person from committing or continuing the false claim. |
|
(b) An action under this section shall be brought in a |
|
district court of Travis County, or in a county in which any part of |
|
the false claim occurred, is occurring, or is about to occur. |
|
Sec. 2116.055. APPLICATION OF OTHER LAW. The application |
|
of a civil remedy under this chapter does not preclude the |
|
application of another common law, statutory, or regulatory remedy, |
|
except that a person may not be liable for a civil remedy under this |
|
chapter and civil damages under Chapter 41, Civil Practice and |
|
Remedies Code, if the civil remedy and civil damages are assessed |
|
for the same act. |
|
Sec. 2116.056. RECOVERY OF COSTS, FEES, AND EXPENSES. The |
|
attorney general may recover fees, expenses, and costs reasonably |
|
incurred in obtaining injunctive relief or civil remedies or in |
|
conducting investigations under this chapter, including court |
|
costs, reasonable attorney's fees, witness fees, and deposition |
|
fees. |
|
Sec. 2116.057. USE OF MONEY RECOVERED. The legislature, in |
|
appropriating money recovered under this chapter, shall consider |
|
the requirements of the attorney general and other affected state |
|
agencies in investigating fraud and enforcing this chapter. |
|
[Sections 2116.058-2116.100 reserved for expansion] |
|
SUBCHAPTER C. FALSE CLAIMS |
|
Sec. 2116.101. FALSE CLAIMS. (a) A person commits a false |
|
claim if the person: |
|
(1) knowingly presents, or causes to be presented, to |
|
an officer, employee, or agent of this state, or to any contractor, |
|
grantee, or other recipient of state funds, a false or fraudulent |
|
claim for payment or approval; |
|
(2) knowingly makes, uses, or causes to be made or used |
|
a false record or statement to get a false or fraudulent claim paid |
|
or approved; |
|
(3) conspires to defraud this state by getting a false |
|
or fraudulent claim allowed or paid, or conspires to defraud this |
|
state by knowingly making, using, or causing to be made or used, a |
|
false record or statement to conceal, avoid, or decrease an |
|
obligation to pay or transmit money or property to this state; |
|
(4) has possession, custody, or control of public |
|
property or money used or to be used by this state and knowingly |
|
delivers or causes to be delivered less property than the amount for |
|
which the person receives a certificate or receipt; |
|
(5) is authorized to make or deliver a document |
|
certifying receipt of property used or to be used by this state and |
|
knowingly makes or delivers a receipt that falsely represents the |
|
property used or to be used; |
|
(6) knowingly buys, or receives as a pledge of an |
|
obligation or debt, public property from any person who lawfully |
|
may not sell or pledge the property; |
|
(7) knowingly makes, uses, or causes to be made or used |
|
a false record or statement to conceal, avoid, or decrease an |
|
obligation to pay or transmit money or property to this state; or |
|
(8) is a beneficiary of an inadvertent submission of a |
|
false claim to any employee, officer, or agent of this state, or to |
|
any contractor, grantee, or other recipient of state funds, |
|
subsequently discovers the falsity of the claim, and fails to |
|
disclose the false claim to this state within a reasonable time |
|
after discovery of the false claim. |
|
(b) Proof of the person's specific intent to commit a false |
|
claim under Subsection (a) is not required in a civil or |
|
administrative proceeding to show that a person acted "knowingly" |
|
with respect to information under this chapter. |
|
Sec. 2116.102. CIVIL REMEDIES. (a) A person who commits a |
|
false claim under Section 2116.101 is liable to this state for: |
|
(1) the amount of any payment or the value of any |
|
monetary or in-kind benefit realized, directly or indirectly, as a |
|
result of the false claim, including any payment made to a third |
|
party; |
|
(2) interest on the amount of the payment or the value |
|
of the benefit described by Subdivision (1) at the prejudgment |
|
interest rate in effect on the day the payment or benefit was |
|
received or paid, for the period from the date the benefit was |
|
received or paid to the date that the state recovers the amount of |
|
the payment or value of the benefit; |
|
(3) a civil penalty of not less than $5,000 or more |
|
than $20,000 for each false claim committed by the person; and |
|
(4) two times the amount of the payment or the value of |
|
the benefit described by Subdivision (1). |
|
(b) In determining the amount of the civil penalty described |
|
by Subsection (a)(3), the trier of fact shall consider: |
|
(1) whether the person has previously violated the |
|
provisions of this chapter; |
|
(2) the seriousness of the false claim committed by |
|
the person, including the nature, circumstances, extent, and |
|
gravity of the false claim; |
|
(3) whether the health and safety of the public or an |
|
individual was threatened by the false claim; |
|
(4) whether the person acted in bad faith when the |
|
person engaged in the conduct that formed the basis of the false |
|
claim; and |
|
(5) the amount necessary to deter future false claims. |
|
(c) The trier of fact may assess a total of not more than two |
|
times the amount of a payment or the value of a benefit described by |
|
Subsection (a)(1) if the trier of fact finds that: |
|
(1) the person furnished the attorney general with all |
|
information known to the person about the false claim not later than |
|
the 30th day after the date on which the person first obtained the |
|
information; and |
|
(2) at the time the person furnished all the |
|
information to the attorney general, the attorney general had not |
|
yet begun an investigation under this chapter. |
|
[Sections 2116.103-2116.150 reserved for expansion] |
|
SUBCHAPTER D. ACTIONS BY PRIVATE PERSONS |
|
Sec. 2116.151. ACTIONS BY PRIVATE PERSON AUTHORIZED; |
|
ALTERNATIVE REMEDY SOUGHT BY STATE. (a) Subject to Section |
|
2116.201, a private person may bring a civil action against a person |
|
committing a false claim under Section 2116.101. |
|
(b) The action is a qui tam action on behalf of both the |
|
person and the state. |
|
(c) The qui tam action must be brought in the name of this |
|
state. |
|
(d) No person other than the attorney general may intervene |
|
or bring a related action based on the facts underlying a pending |
|
action under this subchapter. |
|
Sec. 2116.152. INITIATION OF ACTION. (a) A qui tam |
|
plaintiff shall serve a copy of the petition and a written |
|
disclosure of substantially all material evidence and information |
|
the person possesses on the attorney general in compliance with the |
|
Texas Rules of Civil Procedure. |
|
(b) The petition shall be filed in camera and, except as |
|
provided by Subsection (d) or (e), shall remain under seal until at |
|
least the 180th day after the date the petition is filed or the date |
|
on which the state elects to intervene, whichever is earlier. The |
|
petition may not be served on the defendant until the court orders |
|
service on the defendant. |
|
(c) The state may elect to intervene and proceed with the |
|
action not later than the 180th day after the date the attorney |
|
general receives the petition and the material evidence and |
|
information. |
|
(d) At the time the state intervenes, the attorney general |
|
may file a motion with the court requesting that the petition remain |
|
under seal for an extended period. |
|
(e) The state may, for good cause shown, move the court to |
|
extend the 180-day deadline under Subsection (b) or (c). A motion |
|
under this subsection may be supported by affidavits or other |
|
submissions in camera. |
|
(f) An action under this subchapter may be dismissed before |
|
the end of the period during which the petition remains under seal |
|
only if the court and the attorney general consent in writing to the |
|
dismissal and state their reasons for consenting. |
|
Sec. 2116.153. ANSWER BY DEFENDANT. A defendant is not |
|
required to file in accordance with the Texas Rules of Civil |
|
Procedure an answer to a petition filed under this subchapter until |
|
the petition is unsealed and served on the defendant. |
|
Sec. 2116.154. CHOICE OF STATE. (a) Not later than the |
|
last day of the period described by Section 2116.152(c) or an |
|
extension of that period as provided by Section 2116.152(e), the |
|
state shall: |
|
(1) proceed with the action; or |
|
(2) notify the court that the state declines to take |
|
over the action. |
|
(b) If the state declines to take over the action, the court |
|
shall dismiss the action. |
|
(c) The attorney general may contract with a private |
|
attorney to represent the state in an action in which the state |
|
elects to proceed. |
|
Sec. 2116.155. ACTION CONDUCTED BY STATE. (a) This section |
|
applies to a qui tam action the state takes over under Section |
|
2116.154(a)(1). |
|
(b) The state has the primary responsibility for |
|
prosecuting the action and is not bound by an act of the qui tam |
|
plaintiff. |
|
(c) Subject to this section, the qui tam plaintiff is |
|
entitled to continue as a party to the action. |
|
(d) Notwithstanding the objection of the qui tam plaintiff, |
|
the state may dismiss the action for good cause if: |
|
(1) the state notifies the qui tam plaintiff that a |
|
motion to dismiss has been filed; and |
|
(2) the court provides the qui tam plaintiff with an |
|
opportunity for a hearing on the motion. |
|
(e) Notwithstanding the objection of the qui tam plaintiff, |
|
the state may settle the action if the court determines, after a |
|
hearing, that the proposed settlement is fair, adequate, and |
|
reasonable under all the circumstances. On a showing of good cause, |
|
the hearing may be held in camera. |
|
(f) On a showing by the state that unrestricted |
|
participation in the litigation of the action by the qui tam |
|
plaintiff would interfere with or unduly delay the state's |
|
prosecution of the case or would be repetitious, irrelevant, or for |
|
purposes of harassment, the court may impose limitations on the |
|
person's participation, including: |
|
(1) limiting the number of witnesses the qui tam |
|
plaintiff may call; |
|
(2) limiting the length of the testimony of witnesses |
|
called by the qui tam plaintiff; |
|
(3) limiting the qui tam plaintiff's cross-examination |
|
of witnesses; or |
|
(4) otherwise limiting the participation by the qui |
|
tam plaintiff in the litigation. |
|
(g) On a showing by the defendant that unrestricted |
|
participation in the litigation of the action by the qui tam |
|
plaintiff would be for purposes of harassment or would cause the |
|
defendant undue burden or unnecessary expense, the court may limit |
|
the participation by the qui tam plaintiff in the litigation. |
|
Sec. 2116.156. STAY OF CERTAIN DISCOVERY. (a) On a |
|
showing by the state that certain actions of discovery by the qui |
|
tam plaintiff would interfere with the state's investigation or |
|
prosecution of a criminal or civil matter arising out of the same |
|
facts, the court may stay the discovery for a period not to exceed |
|
60 days. |
|
(b) The court shall hear a motion to stay discovery under |
|
this section in camera. |
|
(c) The court may extend the period prescribed by Subsection |
|
(a) on a further showing in camera that the state has pursued the |
|
criminal or civil investigation or proceedings with reasonable |
|
diligence and that any proposed discovery in the civil action will |
|
interfere with the ongoing criminal or civil investigation or |
|
proceedings. |
|
Sec. 2116.157. AWARD TO QUI TAM PLAINTIFF WHEN STATE |
|
PROCEEDS WITH ACTION. (a) If the state proceeds with an action |
|
under this subchapter, the person bringing the action is entitled, |
|
except as provided by Subsection (b), to receive at least 10 |
|
percent, but not more than 25 percent, of the proceeds of the |
|
action, depending on the extent to which the person substantially |
|
contributed to the prosecution of the action. |
|
(b) If the court finds that the action is based primarily on |
|
disclosures of specific information, other than information |
|
provided by the person bringing the action, relating to allegations |
|
or transactions in a civil or criminal hearing, in a legislative or |
|
administrative report, hearing, audit, or investigation, or from |
|
the news media, the court may award the amount the court considers |
|
appropriate but not more than 10 percent of the proceeds of the |
|
action. The court shall consider the significance of the |
|
information and the role of the person bringing the action in |
|
advancing the case to litigation. |
|
(c) A payment to a person under this section shall be made |
|
from the proceeds of the action. A person receiving a payment under |
|
this section is also entitled to receive from the defendant an |
|
amount for reasonable expenses, reasonable attorney's fees, and |
|
costs that the court finds to have been necessarily incurred. The |
|
court's determination of expenses, fees, and costs to be awarded |
|
under this subsection shall be made only after the defendant has |
|
been found liable in the action. |
|
(d) In this section, "proceeds of the action" includes |
|
proceeds of a settlement of the action. |
|
Sec. 2116.158. REDUCTION OF AWARD. (a) If the court finds |
|
that the qui tam plaintiff planned and initiated the false claim |
|
that is the basis of the qui tam action, the court may, to the extent |
|
the court considers appropriate, reduce the share of the proceeds |
|
of the action the person would otherwise receive under Section |
|
2116.157, taking into account the qui tam plaintiff's role in |
|
advancing the case to litigation and any relevant circumstances |
|
pertaining to the violation. |
|
(b) If the qui tam plaintiff is convicted of criminal |
|
conduct arising from the person's role in the false claim, the court |
|
shall dismiss the plaintiff from the civil action and the plaintiff |
|
may not receive any share of the proceeds of the action. A |
|
dismissal under this subsection does not prejudice the right of the |
|
state to continue the qui tam action. |
|
Sec. 2116.159. STATE NOT LIABLE FOR CERTAIN EXPENSES. The |
|
state is not liable for expenses that a qui tam plaintiff incurs in |
|
bringing an action under this subchapter. |
|
Sec. 2116.160. RETALIATION BY EMPLOYER AGAINST PERSON |
|
BRINGING SUIT PROHIBITED. (a) A person who is discharged, demoted, |
|
suspended, threatened, harassed, or in any other manner |
|
discriminated against in the terms of employment by the person's |
|
employer because of a lawful act taken by the person in furtherance |
|
of a qui tam action, including investigation for, initiation of, |
|
testimony for, or assistance in a qui tam action filed or to be |
|
filed, is entitled to all relief necessary to make the person whole, |
|
including: |
|
(1) reinstatement with the same seniority status the |
|
person would have had but for the discrimination; and |
|
(2) not less than two times the amount of back pay, |
|
interest on the back pay, and compensation for any special damages |
|
sustained as a result of the discrimination, including litigation |
|
costs and reasonable attorney's fees. |
|
(b) A person may bring an action in the appropriate district |
|
court for the relief provided in this section. |
|
Sec. 2116.161. AWARD TO DEFENDANT FOR FRIVOLOUS ACTION; |
|
SOVEREIGN IMMUNITY. (a) Chapter 105, Civil Practice and Remedies |
|
Code, applies in an action under this subchapter with which the |
|
state proceeds. |
|
(b) Except as provided by Subsection (a), this chapter does |
|
not waive sovereign immunity. |
|
[Sections 2116.162-2116.200 reserved for expansion] |
|
SUBCHAPTER E. ACTION BY STATE |
|
Sec. 2116.201. STATE MAY PURSUE ALTERNATE REMEDY. (a) |
|
After a qui tam action is filed, the state may elect to prosecute |
|
the false claim that is the subject of the action through any |
|
alternate remedy available to the state, including any |
|
administrative proceeding to determine an administrative penalty. |
|
(b) The qui tam plaintiff has the same rights in the other |
|
proceeding as the person would have had if the action had continued |
|
in the original forum, including a monetary award as provided by |
|
Subchapter D. |
|
(c) A finding of fact or conclusion of law made in the other |
|
proceeding that has become final is conclusive on all parties to the |
|
qui tam action. For purposes of this subsection, a finding or |
|
conclusion is final if: |
|
(1) the finding or conclusion has been finally |
|
determined on appeal to the appropriate court; |
|
(2) no appeal has been filed with respect to the |
|
finding or conclusion and all time for filing an appeal has expired; |
|
or |
|
(3) the finding or conclusion is not subject to |
|
judicial review. |
|
SECTION 2. This Act applies only to a false claim as |
|
described by Section 2116.101, Government Code, as added by this |
|
Act, that takes place on or after the effective date of this Act. A |
|
false claim takes place on or after the effective date of this Act |
|
only if all elements of the false claim take place on or after the |
|
effective date of this Act. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |