Bill Text: TX HB2053 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the enforcement of workers' compensation compliance and practice requirements.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective immediately [HB2053 Detail]
Download: Texas-2017-HB2053-Enrolled.html
H.B. No. 2053 |
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relating to the enforcement of workers' compensation compliance and | ||
practice requirements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 414.005(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The division shall maintain an investigation unit to | ||
conduct investigations relating to: | ||
(1) alleged violations of this subtitle, commissioner | ||
rules, or a commissioner order or decision, with particular | ||
emphasis on violations of Chapters 415 and 416; and | ||
(2) alleged offenses under this subtitle, with | ||
particular emphasis on offenses under Chapter 418. | ||
SECTION 2. Section 414.006, Labor Code, is amended to read | ||
as follows: | ||
Sec. 414.006. REFERRAL TO OTHER AUTHORITIES. (a) For | ||
further investigation or the institution of appropriate | ||
proceedings, the division may refer the persons involved in a case | ||
subject to an investigation to other appropriate authorities, | ||
including licensing agencies, district and county attorneys, or the | ||
attorney general. | ||
(b) The division may provide technical or litigation | ||
assistance regarding the investigation referred under Subsection | ||
(a) to the appropriate authority. | ||
SECTION 3. The heading to Chapter 418, Labor Code, is | ||
amended to read as follows: | ||
CHAPTER 418. CRIMINAL INVESTIGATIONS AND PENALTIES | ||
SECTION 4. Section 418.001(b), Labor Code, is amended to | ||
read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class A misdemeanor if the value of the benefits | ||
is less than $2,500 [ |
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(2) a state jail felony if the value of the benefits is | ||
$2,500 [ |
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SECTION 5. Section 418.002(b), Labor Code, is amended to | ||
read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class A misdemeanor if the amount of premium | ||
avoided is less than $2,500 [ |
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(2) a state jail felony if the amount of the premium | ||
avoided is $2,500 [ |
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SECTION 6. Chapter 418, Labor Code, is amended by adding | ||
Section 418.004 to read as follows: | ||
Sec. 418.004. SUBPOENA AUTHORITY. (a) The commissioner | ||
may issue a subpoena to compel the attendance and testimony of a | ||
witness or the production of materials relevant to an investigation | ||
of an offense under this chapter. | ||
(b) The commissioner may issue a subpoena under Subsection | ||
(a) regarding a witness or materials located in this state or in | ||
another state. | ||
SECTION 7. Sections 418.001(b) and 418.002(b), Labor Code, | ||
as amended by this Act, apply only to an offense committed on or | ||
after September 1, 2017. An offense committed before September 1, | ||
2017, is governed by the law in effect when the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before September 1, 2017, if any element of the offense occurred | ||
before that date. | ||
SECTION 8. Section 418.004, Labor Code, as added by this | ||
Act, applies to a subpoena issued on or after the effective date of | ||
this Act, regardless of whether the offense investigated was | ||
committed before, on, or after that date. | ||
SECTION 9. 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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2053 was passed by the House on April | ||
20, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2053 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |