CHAPTER 419. MISUSE OF DIVISION NAME - Texas Statutes

LABOR CODE

TITLE 5. WORKERS' COMPENSATION

SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT

CHAPTER 419. MISUSE OF DIVISION NAME

Sec. 419.001. DEFINITIONS. (a) In this chapter:

(1) "Representation of the division's logo" includes a nonexact

representation that is deceptively similar to the logo used by

the division.

(2) "Representation of the state seal" has the meaning assigned

by Section 17.08(a)(2), Business & Commerce Code.

(b) A term or representation is "deceptively similar" for

purposes of this chapter if:

(1) a reasonable person would believe that the term or

representation is in any manner 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 circumstances under which the term is used could mislead

a reasonable person as to its identity.

Added by Acts 2005, 79th Leg., Ch.

265, Sec. 3.287, eff. September 1, 2005.

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, 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:

(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 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.

Added by Acts 2005, 79th Leg., Ch.

265, Sec. 3.287, eff. September 1, 2005.

Sec. 419.003. RULES. The commissioner may adopt rules relating

to the regulation of the use of the division's name and other

rules as necessary to implement this chapter.

Added by Acts 2005, 79th Leg., Ch.

265, Sec. 3.287, eff. September 1, 2005.

Sec. 419.004. CIVIL PENALTY. (a) A person who violates Section

419.002 or a rule adopted under this chapter is liable for a

civil penalty not to exceed $5,000 for each violation.

(b) The attorney general, at the request of the commissioner,

shall bring an action to collect a civil penalty under this

section in a district court in Travis County.

Added by Acts 2005, 79th Leg., Ch.

265, Sec. 3.287, eff. September 1, 2005.

Sec. 419.005. ADMINISTRATIVE PENALTY. (a) The division may

assess an administrative penalty against a person who violates

Section 419.002 or a rule adopted under this chapter.

(b) An administrative penalty imposed under this section is

subject to the procedural requirements adopted for administrative

penalties imposed under Section 415.021.

Added by Acts 2005, 79th Leg., Ch.

265, Sec. 3.287, eff. September 1, 2005.

Sec. 419.006. INJUNCTIVE RELIEF. (a) At the request of the

commissioner, the attorney general or a district attorney may

bring an action in district court in Travis County to enjoin or

restrain a violation or threatened violation of this chapter on a

showing that a violation has occurred or is likely to occur.

(b) The division may recover the costs of investigating an

alleged violation of this chapter if an injunction is issued.

Added by Acts 2005, 79th Leg., Ch.

265, Sec. 3.287, eff. September 1, 2005.

Sec. 419.007. REMEDIES NOT EXCLUSIVE. The remedies provided by

this chapter are not exclusive and may be sought in any

combination determined by the commissioner as necessary to

enforce this chapter.

Added by Acts 2005, 79th Leg., Ch.

265, Sec. 3.287, eff. September 1, 2005.