State Codes and Statutes
Statutes > Texas > Labor-code > Title-5-workers-compensation > 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.
State Codes and Statutes
Statutes > Texas > Labor-code > Title-5-workers-compensation > 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.
State Codes and Statutes
Statutes >
Texas >
Labor-code >
Title-5-workers-compensation >
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.
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