By: Sibley, Carona S.B. No. 275
Haywood
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain acts of public accountants.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-4 amended by adding Chapter 91 to read as follows:
1-5 CHAPTER 91. LIABILITY OF PUBLIC ACCOUNTANTS
1-6 Sec. 91.001. DEFINITIONS. In this chapter:
1-7 (1) "Accountant" means a person or firm holding a
1-8 certificate or registration issued by the Texas State Board of
1-9 Public Accountancy.
1-10 (2) "Accounting services" means reporting on an
1-11 examination of historical or prospective financial statements or
1-12 issuing a review or compilation report or issuing other reports
1-13 covered by generally accepted auditing standards.
1-14 (3) "Claimant" means a party, individual, or entity,
1-15 including a plaintiff, counterclaimant, cross-claimant, or
1-16 third-party claimant, seeking recovery of damages from an
1-17 accountant.
1-18 (4) "Client" means the party, individual, or entity
1-19 who engages an accountant to provide certain public accounting
1-20 services covered by this chapter.
1-21 (5) "Specified transaction" means a particular
1-22 transaction between a client and a claimant. This definition is
1-23 not intended to require that the accountant be aware of detailed
2-1 transaction terms at the time the accountant's services were
2-2 engaged or as agreed with the client after the time of the
2-3 engagement.
2-4 Sec. 91.002. LIABILITY LIMITED. Except as provided by
2-5 Section 91.003, an accountant is not liable for negligence to a
2-6 claimant for an act or omission in connection with the provision of
2-7 accounting services.
2-8 Sec. 91.003. EXCEPTIONS. Section 91.002 does not apply if:
2-9 (1) the claimant is the client; or
2-10 (2) the accountant:
2-11 (A) was aware at the time the services of the
2-12 accountant were engaged, or agreed after the time of the
2-13 engagement, that the financial statement or other information would
2-14 be made available to the claimant or a similarly situated claimant;
2-15 and
2-16 (B) had actual knowledge that the claimant, or a
2-17 similarly situated claimant, would use the financial statement or
2-18 information in connection with a specified transaction; or
2-19 (3) the act or omission of the accountant involves
2-20 fraud or gross negligence.
2-21 Sec. 91.004. WAIVER. An accountant may, in writing, waive
2-22 the provisions of this chapter.
2-23 SECTION 2. This Act takes effect September 1, 1997, and
2-24 applies only to a suit that is commenced on or after that date. A
2-25 suit that is commenced before the effective date of this Act is
3-1 governed by the law in effect immediately before the effective date
3-2 of this Act, and that law is continued in effect for that purpose.
3-3 SECTION 3. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.