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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of certain direct administrative costs |
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incurred by the Texas State Board of Public Accountancy in imposing |
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disciplinary action against a license holder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 901.501(a), Occupations Code, is amended |
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to read as follows: |
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(a) On a determination that a ground for discipline exists |
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under Section 901.502, after notice and hearing as provided by |
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Section 901.509, the board may: |
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(1) revoke a certificate, firm license, or practice |
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privilege issued under this chapter; |
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(2) suspend under any terms a certificate, firm |
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license, practice privilege, or license issued under this chapter |
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for a period not to exceed five years; |
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(3) refuse to renew a license; |
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(4) place a license holder on probation; |
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(5) reprimand a license holder; |
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(6) limit the scope of a license holder's practice; |
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(7) require a license holder to complete a peer review |
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program conducted in the manner prescribed by the board; |
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(8) require a license holder to complete a continuing |
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education program specified by the board; |
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(9) impose on a license holder the direct |
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administrative costs incurred by the board in taking action under |
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this subsection, including fees or costs related to: |
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(A) attorneys, consultants, and witnesses; |
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(B) time spent by board employees to investigate |
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or prosecute the disciplinary ground; |
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(C) copying and filing documents; |
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(D) court reporters; |
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(E) hearings conducted by the State Office of |
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Administrative Hearings; |
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(F) case management; |
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(G) preparing for a hearing, trial, or appeal, |
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including preparing any exhibits; |
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(H) travel and per diem expenses for enforcement |
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committee members; and |
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(I) any other costs or fees reasonably |
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attributable to the investigation or prosecution of the |
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disciplinary ground [Subdivisions (1) through (8)]; |
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(10) require a license holder to pay restitution as |
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provided by Section 901.6015; |
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(11) impose an administrative penalty under |
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Subchapter L; or |
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(12) impose any combination of the sanctions provided |
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by this subsection. |
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SECTION 2. Section 901.501(a), Occupations Code, as amended |
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by this Act, applies only to disciplinary action regarding conduct |
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that occurs on or after the effective date of this Act. Conduct |
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that occurs before the effective date of this Act is governed by the |
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law in effect on the date the conduct occurred, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |