Bill Text: TX SB301 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-05-10 - Left pending in committee [SB301 Detail]
Download: Texas-2011-SB301-Introduced.html
| 82R1728 NC-D | ||
| By: Wentworth | S.B. No. 301 | |
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| relating to filing a complaint against a person licensed to engage | ||
| in a business, occupation, or profession; providing civil and | ||
| criminal penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 2, Occupations Code, is amended by adding | ||
| Chapter 60 to read as follows: | ||
| CHAPTER 60. AFFIDAVIT REQUIRED FOR COMPLAINT; PENALTIES FOR | ||
| MALICIOUS COMPLAINT | ||
| Sec. 60.001. DEFINITIONS. In this chapter: | ||
| (1) "License" means a license, certificate, | ||
| registration, permit, or other authorization that: | ||
| (A) is issued by a licensing authority; and | ||
| (B) a person must obtain to practice or engage in | ||
| a particular business, occupation, or profession. | ||
| (2) "Licensing authority" means a department, | ||
| commission, board, office, or other agency of the state that issues | ||
| a license. | ||
| Sec. 60.002. AFFIDAVIT FOR COMPLAINT REQUIRED. | ||
| Notwithstanding any other law, a person who files a complaint with a | ||
| licensing authority against a license holder must execute and | ||
| submit with the complaint an affidavit that states that the facts | ||
| alleged in the complaint are true. | ||
| Sec. 60.003. MALICIOUS COMPLAINT. In this chapter, a | ||
| complaint is malicious if: | ||
| (1) the complaint is reasonably likely to harm, | ||
| harass, abuse, or torment the person who is the subject of the | ||
| complaint; and | ||
| (2) a primary reason for the complaint is to cause that | ||
| result. | ||
| Sec. 60.004. CIVIL PENALTY. A person who files a malicious | ||
| complaint with a licensing authority against a license holder is | ||
| liable to the state for a civil penalty of $1,000. The attorney | ||
| general may sue to collect the civil penalty. | ||
| Sec. 60.005. CRIMINAL PENALTY. (a) A person commits an | ||
| offense if the person knowingly files a malicious complaint with a | ||
| licensing authority against a license holder. | ||
| (b) An offense under this section is a Class A misdemeanor. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a complaint filed on or after the effective date of this Act. A | ||
| complaint filed before the effective date of this Act is governed by | ||
| the law in effect at the time the complaint was filed, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
