2011 Texas Statutes
LABOR CODE
TITLE 5 - WORKERS' COMPENSATION
SUBTITLE A - TEXAS WORKERS' COMPENSATION ACT
CHAPTER 419 - MISUSE OF DIVISION NAME

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.