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A BILL TO BE ENTITLED
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AN ACT
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relating to preventing the fraudulent issuance and use of disabled |
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parking placards; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 105.002(a), Occupations Code, is amended |
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to read as follows: |
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(a) A health care provider commits unprofessional conduct |
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if the health care provider, in connection with the provider's |
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professional activities: |
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(1) knowingly presents or causes to be presented a |
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false or fraudulent claim for the payment of a loss under an |
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insurance policy; |
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(2) knowingly prepares, makes, or subscribes to any |
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writing, with intent to present or use the writing, or to allow it |
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to be presented or used, in support of a false or fraudulent claim |
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under an insurance policy; [or] |
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(3) knowingly directs or requires a patient to obtain |
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health care goods or services from a niche hospital in which the |
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health care provider or an immediate family member of the provider |
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has a financial interest, unless the provider: |
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(A) discloses to the patient, in writing, that |
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the provider or the provider's family member has a financial |
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interest in the niche hospital; and |
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(B) informs the patient that the patient has the |
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option of using an alternative health care facility; or |
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(4) knowingly makes a false or misleading statement in |
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a notarized written statement to certify a person's eligibility to |
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obtain a disabled parking placard for a person who is ineligible for |
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the placard under Section 681.003, Transportation Code. |
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SECTION 2. The heading to Section 681.011, Transportation |
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Code, is amended to read as follows: |
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Sec. 681.011. CRIMINAL AND CIVIL PENALTIES [OFFENSES;
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PRESUMPTION]. |
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SECTION 3. Section 681.011, Transportation Code, is amended |
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by adding Subsection (f-1) to read as follows: |
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(f-1) A person who violates this section is liable for a |
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civil penalty, not to exceed $750, to the political subdivision |
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that: |
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(1) designated the parking space or area specifically |
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for persons with disabilities; or |
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(2) provided that this section applies to a parking |
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space or area on private property under Subsection (f). |
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SECTION 4. Section 681.011(h), Transportation Code, as |
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amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the |
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81st Legislature, Regular Session, 2009, is reenacted and amended |
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to read as follows: |
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(h) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted one time of an |
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offense under this section, the offense is punishable by: |
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(1) a fine of not less than $750 [$500] or more than |
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$1,000 [$800]; and |
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(2) 10 hours of community service. |
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SECTION 5. Section 681.011(i), Transportation Code, as |
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amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the |
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81st Legislature, Regular Session, 2009, is reenacted and amended |
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to read as follows: |
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(i) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted two times of |
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an offense under this section, the offense is punishable by: |
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(1) a fine of not less than $1,000 [$550] or more than |
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$1,250 [$800]; and |
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(2) not less than 20 or more than 30 hours of community |
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service. |
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SECTION 6. Section 681.011(j), Transportation Code, as |
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amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the |
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81st Legislature, Regular Session, 2009, is reenacted and amended |
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to read as follows: |
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(j) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted three times |
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of an offense under this section, the offense is punishable by: |
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(1) a fine of not less than $1,250 [$800] or more than |
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$1,500 [$1,100]; and |
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(2) 50 hours of community service. |
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SECTION 7. Section 681.011(k), Transportation Code, is |
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amended to read as follows: |
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(k) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted four times of |
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an offense under this section, the offense is punishable by a fine |
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of $1,500 [$1,250] and 50 hours of community service. |
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SECTION 8. (a) The Governor's Committee on People with |
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Disabilities shall conduct a study to examine the improper use of |
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disabled parking spaces, with an emphasis on improper use at large |
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buildings and facilities, including stadiums and performing arts |
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centers. |
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(b) Not later than December 31, 2012, the Governor's |
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Committee on People with Disabilities shall submit a written report |
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containing the findings of the study conducted under this section |
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together with the committee's recommendations to the legislature |
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and the Texas Department of Licensing and Regulation. |
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SECTION 9. The change in law made by this Act to Section |
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105.002, Occupations Code, applies to a violation that occurs on or |
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after the effective date of this Act. A violation that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date of the violation, and the former law is continued |
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in effect for that purpose. |
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SECTION 10. The change in law made by this Act to Section |
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681.011, Transportation Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 11. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |