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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for a false report or a failure to report in |
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connection with certain recordkeeping requirements under the |
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jurisdiction of the Department of State Health Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 435, Health and Safety |
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Code, is amended by adding Section 435.015 to read as follows: |
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Sec. 435.015. FALSE REPORT; FAILURE TO REPORT; CRIMINAL |
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PENALTY. (a) A person commits an offense if the person |
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intentionally: |
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(1) makes or causes to be made a false entry in an |
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account, record, or memorandum kept by a person subject to this |
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chapter; |
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(2) neglects or fails to make or cause to be made full |
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entries in an account, record, or memorandum kept by a person |
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subject to this chapter of all facts and transactions pertaining to |
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the person's business; |
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(3) removes from the jurisdiction of this state or |
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mutilates, alters, or otherwise falsifies documentary evidence of a |
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person subject to this chapter; or |
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(4) refuses to submit to the department or to the |
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department's authorized agent, for inspection and copying, |
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documentary evidence in the person's possession or control of a |
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person subject to this chapter. |
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(b) An offense under this section is punishable by a fine of |
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not less than $1,000 or more than $5,000, imprisonment for not more |
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than three years, or both. |
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SECTION 2. Subchapter C, Chapter 436, Health and Safety |
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Code, is amended by adding Section 436.041 to read as follows: |
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Sec. 436.041. FALSE REPORT; FAILURE TO REPORT; CRIMINAL |
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PENALTY. (a) A person commits an offense if the person |
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intentionally: |
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(1) makes or causes to be made a false entry in an |
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account, record, or memorandum kept by a person subject to this |
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chapter; |
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(2) neglects or fails to make or cause to be made full |
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entries in an account, record, or memorandum kept by a person |
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subject to this chapter of all facts and transactions pertaining to |
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the person's business; |
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(3) removes from the jurisdiction of this state or |
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mutilates, alters, or otherwise falsifies documentary evidence of a |
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person subject to this chapter; or |
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(4) refuses to submit to the director, to an |
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authorized agent, or to a health authority, for inspection and |
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copying, documentary evidence in the person's possession or control |
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of a person subject to this chapter. |
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(b) An offense under this section is punishable by a fine of |
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not less than $1,000 or more than $5,000, imprisonment for not more |
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than three years, or both. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2009. |