Texas Labor Code -CHAPTER 419. MISUSE OF DIVISION NAME
Texas Workers Compensation Act
Title 5 - Texas Labor Code - Chapters 401-506
TABLE OF CONTENTS
LABOR CODE
CHAPTER 419. MISUSE OF DIVISION NAME
§ 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, § 3.287, eff. Sept. 1,
2005.
§ 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, § 3.287, eff. Sept. 1,
2005.
§ 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, § 3.287, eff. Sept. 1,
2005.
§ 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, § 3.287, eff. Sept. 1,
2005.
§ 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, § 3.287, eff. Sept. 1,
2005.
§ 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, § 3.287, eff. Sept. 1,
2005.
§ 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, § 3.287, eff. Sept. 1,
2005.
