By: Montford S.B. No. 1362
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the designation of Enrolled Agents.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 3, The Public Accountancy Act of 1991,
1-4 (41a-1, Vernon's Texas Civil Statutes) is amended by adding a new
1-5 subsection (c) as follows:
1-6 Sec. 3. (a) Nothing contained in this Act shall be
1-7 construed as restricting any official act of any county auditor or
1-8 other officer of the state, county, municipality, or other
1-9 political subdivision or any officer of a federal department or
1-10 agency or of their assistants, deputies, or employees while working
1-11 in their official capacities.
1-12 (b) Nothing contained in this Act shall prohibit any person
1-13 not a certified public accountant or public accountant from serving
1-14 as an employee of a certified public accountant or public
1-15 accountant or a firm composed of certified public accountants
1-16 and/or public accountants holding a license or licenses to practice
1-17 issued by the board; provided, however, that such employee shall
1-18 not issue any accounting or financial statement over the employee's
1-19 own name.
1-20 (c) Nothing contained in this Act shall prohibit any person
1-21 licensed by the federal government as an "enrolled agent" from
1-22 performing any and all acts permitted by federal law and the rules
1-23 and regulations adopted pursuant thereto nor from using any
2-1 designation allowed by federal law and the rules and regulations
2-2 adopted pursuant thereto.
2-3 SECTION 2. Section 8(e), The Public Accountancy Act of 1991,
2-4 (41a-1, Vernon's Texas Civil Statutes) is amended as follows:
2-5 Sec. (8)(e) No person shall assume or use the title or
2-6 designation "certified accountant," "chartered accountant,"
2-7 "enrolled accountant," "licensed accountant," or any other title or
2-8 designation likely to be confused with "certified public
2-9 accountant" or "public accountant," or any of the abbreviations,
2-10 "CA," "PA," "EA," "RA," or "LA," or similar abbreviations likely to
2-11 be confused with "CPA"; provided, however, that only a person
2-12 holding a license issued under Section 9 of this Act and all of
2-13 whose offices in this state for the practice of public accountancy
2-14 are maintained and registered as required under Section 10 of this
2-15 Act may hold himself out to the public as an "accountant" or
2-16 "auditor" or any combination of said terms; and provided further
2-17 that a foreign accountant registered under this or prior Acts who
2-18 holds a license issued under Section 9 of this Act and all of whose
2-19 offices in this state for the practice of public accountancy are
2-20 maintained and registered as required under Section 10 of this Act,
2-21 may use the title under which he is generally known in his state or
2-22 country, followed by the name of the state or country from which he
2-23 received his certificate, license, or degree<.>; and provided
2-24 further that an enrolled agent may use any designation authorized
2-25 by federal law or related rules and regulations for such enrolled
3-1 agents.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.