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A BILL TO BE ENTITLED
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AN ACT
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relating to filing a complaint against a person licensed to engage |
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in a business, occupation, or profession; providing civil and |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. AFFIDAVIT REQUIRED FOR COMPLAINT; PENALTIES FOR |
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MALICIOUS COMPLAINT |
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Sec. 60.001. DEFINITIONS. In this chapter: |
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(1) "License" means a license, certificate, |
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registration, permit, or other authorization that: |
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(A) is issued by a licensing authority; and |
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(B) a person must obtain to practice or engage in |
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a particular business, occupation, or profession. |
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(2) "Licensing authority" means a department, |
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commission, board, office, or other agency of the state that issues |
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a license. |
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Sec. 60.002. AFFIDAVIT FOR COMPLAINT REQUIRED. |
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Notwithstanding any other law, a person who files a complaint with a |
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licensing authority against a license holder must execute and |
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submit with the complaint an affidavit that states that the facts |
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alleged in the complaint are true. |
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Sec. 60.003. MALICIOUS COMPLAINT. In this chapter, a |
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complaint is malicious if: |
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(1) the complaint is reasonably likely to harm, |
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harass, abuse, or torment the person who is the subject of the |
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complaint; and |
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(2) a primary reason for the complaint is to cause that |
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result. |
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Sec. 60.004. CIVIL PENALTY. A person who files a malicious |
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complaint with a licensing authority against a license holder is |
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liable to the state for a civil penalty of $1,000. The attorney |
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general may sue to collect the civil penalty. |
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Sec. 60.005. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person knowingly files a malicious complaint with a |
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licensing authority against a license holder. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 2. The changes in law made by this Act apply only to |
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a complaint filed on or after the effective date of this Act. A |
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complaint filed before the effective date of this Act is governed by |
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the law in effect at the time the complaint was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |