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AN ACT
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relating to the misuse of the name or symbols of the division of |
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workers' compensation of the Texas Department of Insurance in a |
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deceptive manner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 419.001, Labor Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) For purposes of this chapter, a person acts in a |
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"deceptive manner" if the person knows or should know that the |
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person's actions would convey, or could reasonably be interpreted |
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or construed as conveying, the false impression that: |
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(1) an item is approved, endorsed, sponsored, |
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authorized by, the same as, or associated with the division, the |
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department, this state, or an agency of this state; or |
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(2) the person represents, speaks for, or has an |
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authorization from the division, the department, this state, or an |
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agency of this state. |
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SECTION 2. Section 419.002, Labor Code, is amended to read |
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as follows: |
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Sec. 419.002. MISUSE OF DIVISION'S NAME OR SYMBOLS |
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PROHIBITED. (a) Except as authorized by law, a person, in |
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connection with any impersonation, advertisement, solicitation, |
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business name, business activity, business document, product, or |
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service made or offered by the person regarding workers' |
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compensation coverage or benefits, may not knowingly use or cause |
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to be used in a deceptive manner: |
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(1) the words "Texas Department of Insurance," |
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"Department of Insurance," "Texas Workers' Compensation," or |
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"division of workers' compensation"; |
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(2) any term using both "Texas" and "Workers' |
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Compensation" or any term using both "Texas" and "Workers' Comp"; |
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(3) the initials "T.D.I."; or |
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(4) any combination or variation of the words or |
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initials, or any term deceptively similar to the words or initials, |
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described by Subdivisions (1)-(3). |
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(b) A person subject to Subsection (a) may not knowingly use |
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or cause to be used in a deceptive manner a word, term, or initials |
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described by Subsection (a) alone or in conjunction with: |
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(1) the state seal or a representation of the state |
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seal; |
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(2) a picture or map of this state; or |
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(3) the official logo of the department or the |
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division or a representation of the department's or division's |
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logo. |
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SECTION 3. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 381 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 381 passed the House on |
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May 17, 2013, by the following vote: Yeas 134, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |