1-1     By:  Pitts (Senate Sponsor - Armbrister)               H.B. No. 430
 1-2           (In the Senate - Received from the House April 25, 2001;
 1-3     April 26, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 7, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 7, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the examination required to become a certified public
 1-9     accountant.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 901.301, Occupations Code, is amended to
1-12     read as follows:
1-13           Sec. 901.301.  ADMINISTRATION; BOARD RULES. (a)  The board
1-14     shall:
1-15                 (1)  conduct [each] uniform CPA examinations
1-16     [examination] administered under this chapter; or
1-17                 (2)  contract with a person to conduct uniform CPA
1-18     examinations administered under this chapter.
1-19           (b)  The board by rule may establish the:
1-20                 (1)  manner in which a person may apply for the
1-21     examination;
1-22                 (2)  time, date, and place for the examination;
1-23                 (3)  manner in which the examination is conducted;
1-24                 [(4)  method used to grade the examination;]
1-25                 [(5)  criteria used to determine a passing score on the
1-26     examination;] and
1-27                 (4) [(6)]  manner in which a person's examination score
1-28     is reported to the person.
1-29           SECTION 2.  Section 901.304(a), Occupations Code, is amended
1-30     to read as follows:
1-31           (a)  For each examination or reexamination, the board by rule
1-32     shall apportion an amount of the total examination fee among the
1-33     parts of the examination that an applicant is eligible to take on a
1-34     particular examination date.  For each examination or
1-35     reexamination, the board shall collect a fee not to exceed the cost
1-36     of administering the examination [The total examination fee may not
1-37     exceed $250].
1-38           SECTION 3.  Section 901.305, Occupations Code, is amended to
1-39     read as follows:
1-40           Sec. 901.305.  FREQUENCY OF EXAMINATION.  A [The board shall
1-41     administer a] uniform CPA examination shall be administered under
1-42     this chapter as often as necessary but at least once each year.
1-43           SECTION 4.  Section 901.306(a), Occupations Code, is amended
1-44     to read as follows:
1-45           (a)  The board may use or require the use of all or part of
1-46     the uniform CPA examination and any related service available from:
1-47                 (1)  the American Institute of Certified Public
1-48     Accountants; or
1-49                 (2)  the National Association of State Boards of
1-50     Accountancy[, if doing so would result in a greater degree of
1-51     reciprocity with the examination results of other states].
1-52           SECTION 5.  Section 901.307, Occupations Code, is amended to
1-53     read as follows:
1-54           Sec. 901.307.  GRADING EXAMINATION [MINIMUM PASSING GRADE].
1-55     The board by rule shall:
1-56                 (1)  adopt methods for grading examinations; and
1-57                 (2)  establish the criteria for passing [A person must
1-58     attain a grade of at least 75 percent on each subject of the
1-59     examination to pass] the examination.
1-60           SECTION 6.  Section 901.308(d),  Occupations Code, is amended
1-61     to read as follows:
1-62           (d)  A person who fails a paper [an] examination is entitled
1-63     to inspect the examination questions and the person's answers not
1-64     later than the 91st day after the date the board receives the
 2-1     results.  An inspection must be by appointment at the board's
 2-2     offices during regular office hours. The person's grade must be
 2-3     clearly shown on the examination.  A copy of the examination
 2-4     questions or answers may not be made.
 2-5           SECTION 7.  (a)  This Act takes effect immediately if it
 2-6     receives a vote of two-thirds of all the members elected to each
 2-7     house, as provided by Section 39, Article III, Texas Constitution.
 2-8     If this Act does not receive the vote necessary for immediate
 2-9     effect, this Act takes effect September 1, 2001.
2-10           (b)  Sections 901.304(a) and 901.307, Occupations Code, as
2-11     amended by this Act, apply only to an examination given on or after
2-12     the date the Texas State Board of Public Accountancy adopts rules
2-13     under those sections as required by this Act.
2-14                                  * * * * *