Texas § GV.402.033 - REPORTING FRAUDULENT ACTIVITIES

§ GV.402.033. REPORTING FRAUDULENT ACTIVITIES

REPORTING FRAUDULENT ACTIVITIES. (a) In this section: (1) "Authorized governmental agency" means: (A) the attorney general; (B) a local or state law enforcement agency of this state or a federal law enforcement agency; (C) a prosecuting attorney of the United States or of a county or judicial district of this state; or (D) the Department of Public Safety, the Texas Department of Insurance, the Office of Consumer Credit Commissioner, the Texas Department of Banking, the credit union department, the Department of Savings and Mortgage Lending, the Texas Real Estate Commission, the Texas Appraiser Licensing and Certification Board, or the Texas Department of Housing and Community Affairs. (2) "Fraudulent activity" means any act that constitutes a violation of a penal law and is part of an attempt or scheme to defraud any person. (b) If a person determines or reasonably suspects that fraudulent activity has been committed or is about to be committed, the person shall report the information to an authorized governmental agency. If a person reports the information to the attorney general, the attorney general shall notify an appropriate law enforcement agency with jurisdiction to investigate the fraudulent activity. If a financial institution or person voluntarily or pursuant to this section reports fraudulent activity to an authorized governmental agency, the financial institution or person may not notify any person involved in the fraudulent activity that the fraudulent activity has been reported, and the authorized governmental agency who has any knowledge that such report was made shall not disclose to any person involved in the fraudulent activity that the fraudulent activity has been reported. Any financial institution or person that makes a voluntary report of any possible violation of law or regulation to an authorized governmental agency shall not be liable to any person under any law or regulation of the state or the United States for such report. (c) This section does not eliminate or diminish any common law or statutory privilege or immunity. (d) An authorized governmental agency may share confidential information or information to which access is otherwise restricted by law with one or more other authorized governmental agencies. Except as provided by this subsection, confidential information that is shared under this subsection remains confidential and legal restrictions on access to the information apply. Added by Acts 2007, 80th Leg., R.S., Ch. 285 (H.B. 716 ), Sec. 2, eff. September 1, 2007. Renumbered from Government Code, Section 402.031 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969 ), Sec. 27.001 (20), eff. September 1, 2009. Amended by: Acts 2009, 81st Leg., R.S., Ch. 709 (H.B. 2840 ), Sec. 1, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526 ), Sec. 1(b), eff. September 1, 2017.