By: Oliveira (Senate Sponsor - Creighton) H.B. No. 2053          (In the Senate - Received from the House April 24, 2017;   May 1, 2017, read first time and referred to Committee on Business &   Commerce; May 17, 2017, reported favorably by the following vote:     Yeas 9, Nays 0; May 17, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the enforcement of workers' compensation compliance and   practice requirements.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 414.005(a), Labor Code, is amended to   read as follows:          (a)  The division shall maintain an investigation unit to   conduct investigations relating to:                (1)  alleged violations of this subtitle, commissioner   rules, or a commissioner order or decision, with particular   emphasis on violations of Chapters 415 and 416; and                (2)  alleged offenses under this subtitle, with   particular emphasis on offenses under Chapter 418.          SECTION 2.  Section 414.006, Labor Code, is amended to read   as follows:          Sec. 414.006.  REFERRAL TO OTHER AUTHORITIES.  (a)  For   further investigation or the institution of appropriate   proceedings, the division may refer the persons involved in a case   subject to an investigation to other appropriate authorities,   including licensing agencies, district and county attorneys, or the   attorney general.          (b)  The division may provide technical or litigation   assistance regarding the investigation referred under Subsection   (a) to the appropriate authority.          SECTION 3.  The heading to Chapter 418, Labor Code, is   amended to read as follows:   CHAPTER 418. CRIMINAL INVESTIGATIONS AND PENALTIES          SECTION 4.  Section 418.001(b), Labor Code, is amended to   read as follows:          (b)  An offense under Subsection (a) is:                (1)  a Class A misdemeanor if the value of the benefits   is less than $2,500 [$1,500]; and                (2)  a state jail felony if the value of the benefits is   $2,500 [$1,500] or more.          SECTION 5.  Section 418.002(b), Labor Code, is amended to   read as follows:          (b)  An offense under Subsection (a) is:                (1)  a Class A misdemeanor if the amount of premium   avoided is less than $2,500 [$1,500]; and                (2)  a state jail felony if the amount of the premium   avoided is $2,500 [$1,500] or more.          SECTION 6.  Chapter 418, Labor Code, is amended by adding   Section 418.004 to read as follows:          Sec. 418.004.  SUBPOENA AUTHORITY.  (a)  The commissioner   may issue a subpoena to compel the attendance and testimony of a   witness or the production of materials relevant to an investigation   of an offense under this chapter.          (b)  The commissioner may issue a subpoena under Subsection   (a) regarding a witness or materials located in this state or in   another state.          SECTION 7.  Sections 418.001(b) and 418.002(b), Labor Code,   as amended by this Act, apply only to an offense committed on or   after September 1, 2017. An offense committed before September 1,   2017, is governed by the law in effect when the offense was   committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was committed   before September 1, 2017, if any element of the offense occurred   before that date.          SECTION 8.  Section 418.004, Labor Code, as added by this   Act, applies to a subpoena issued on or after the effective date of   this Act, regardless of whether the offense investigated was   committed before, on, or after that date.          SECTION 9.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.     * * * * *