Bill Text: TX SB381 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the misuse of the name or symbols of the division of workers' compensation of the Texas Department of Insurance in a deceptive manner.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB381 Detail]
Download: Texas-2013-SB381-Enrolled.html
| S.B. No. 381 | ||
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| relating to the misuse of the name or symbols of the division of | ||
| workers' compensation of the Texas Department of Insurance in a | ||
| deceptive manner. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 419.001, Labor Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) For purposes of this chapter, a person acts in a | ||
| "deceptive manner" if the person knows or should know that the | ||
| person's actions would convey, or could reasonably be interpreted | ||
| or construed as conveying, the false impression that: | ||
| (1) an item is approved, endorsed, sponsored, | ||
| authorized by, the same as, or associated with the division, the | ||
| department, this state, or an agency of this state; or | ||
| (2) the person represents, speaks for, or has an | ||
| authorization from the division, the department, this state, or an | ||
| agency of this state. | ||
| SECTION 2. Section 419.002, Labor Code, is amended to read | ||
| as follows: | ||
| Sec. 419.002. MISUSE OF DIVISION'S NAME OR SYMBOLS | ||
| PROHIBITED. (a) Except as authorized by law, a person, in | ||
| connection with any impersonation, advertisement, solicitation, | ||
| business name, business activity, business document, product, or | ||
| service made or offered by the person regarding workers' | ||
| compensation coverage or benefits, may not knowingly use or cause | ||
| to be used in a deceptive manner: | ||
| (1) the words "Texas Department of Insurance," | ||
| "Department of Insurance," "Texas Workers' Compensation," or | ||
| "division of workers' compensation"; | ||
| (2) any term using both "Texas" and "Workers' | ||
| Compensation" or any term using both "Texas" and "Workers' Comp"; | ||
| (3) the initials "T.D.I."; or | ||
| (4) any combination or variation of the words or | ||
| initials, or any term deceptively similar to the words or initials, | ||
| described by Subdivisions (1)-(3). | ||
| (b) A person subject to Subsection (a) may not knowingly use | ||
| or cause to be used in a deceptive manner a word, term, or initials | ||
| described by Subsection (a) alone or in conjunction with: | ||
| (1) the state seal or a representation of the state | ||
| seal; | ||
| (2) a picture or map of this state; or | ||
| (3) the official logo of the department or the | ||
| division or a representation of the department's or division's | ||
| logo. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to conduct that occurs on or after the effective date of this Act. | ||
| Conduct that occurs before the effective date of this Act is | ||
| governed by the law in effect on the date the conduct occurred, and | ||
| the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 381 passed the Senate on | ||
| March 13, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 381 passed the House on | ||
| May 17, 2013, by the following vote: Yeas 134, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
