By:  Armbrister, Moncrief                             S.B. No. 1358
           Nelson
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of public accounting.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (a), Section 901.002, Occupations
 1-5     Code, is amended to read as follows:
 1-6           (a)  In this chapter:
 1-7                 (1)  "Attest service" means:
 1-8                       (A)  an audit or other engagement required by the
 1-9     board to be performed in accordance with the auditing standards
1-10     adopted by the American Institute of Certified Public Accountants
1-11     or another national accountancy organization recognized by the
1-12     board;
1-13                       (B)  an engagement required by the board to be
1-14     performed in accordance with standards for accounting and review
1-15     services adopted by the American Institute of Certified Public
1-16     Accountants or another national accountancy organization recognized
1-17     by the board;
1-18                       (C)  an engagement required by the board to be
1-19     performed in accordance with standards for attestation engagements
1-20     adopted by the American Institute of Certified Public Accountants
1-21     or another national accountancy organization recognized by the
1-22     board; or
1-23                       (D)  any other assurance service required by the
1-24     board to be performed in accordance with professional standards
1-25     adopted by the American Institute of Certified Public Accountants
 2-1     or another national accountancy organization recognized by the
 2-2     board.
 2-3                 (2)  "Board" means the Texas State Board of Public
 2-4     Accountancy.
 2-5                 (3) [(2)]  "Certificate" means a certificate issued to
 2-6     a certified public accountant.
 2-7                 (4) [(3)]  "Certified public accountant" means a person
 2-8     who holds a certificate issued under this chapter.
 2-9                 (5)  "Certified public accountancy firm" means a person
2-10     who holds a firm license.
2-11                 (6)  "Client" means a person who enters into an
2-12     agreement with a license holder or a license holder's employer to
2-13     receive a professional accounting service.
2-14                 (7) [(4)]  "Corporation" means a corporation authorized
2-15     by a statute applicable to this state or by an equivalent law of
2-16     another state or a foreign country, including a professional public
2-17     accounting corporation organized under The Texas Professional
2-18     Corporation Act (Article 1528e, Vernon's Texas Civil Statutes).
2-19                 (8) [(5)]  "Firm" means a sole proprietorship,
2-20     partnership, corporation, limited liability company, or other
2-21     business entity engaged in the practice of public accountancy.
2-22                 (9)  "Firm license" means a license issued under
2-23     Subchapter H.
2-24                 (10)  "License" means a license issued under Subchapter
2-25     I.
2-26                 (11)  "Peer review" means the study, appraisal, or
 3-1     review of the professional accounting work of a public accountancy
 3-2     firm that performs attest services by a certificate holder who is
 3-3     not affiliated with the firm.
 3-4                 (12)  "Professional accounting services" or
 3-5     "professional accounting work" means services or work that requires
 3-6     the specialized knowledge or skills associated with certified
 3-7     public accountants, including:
 3-8                       (A)  issuing reports on financial statements;
 3-9                       (B)  providing management or financial advisory
3-10     or consulting services;
3-11                       (C)  preparing tax returns; and
3-12                       (D)  providing advice in tax matters.
3-13                 (13) [(6)  "Practice unit" means an office of a firm
3-14     that is required to be registered with the board to practice public
3-15     accountancy.]
3-16                 [(7)]  "Public accountant" means a person authorized to
3-17     practice public accountancy under the Public Accountancy Act of
3-18     1945 (Article 41a, Vernon's Texas Civil Statutes).
3-19                 [(8)  "Sole proprietorship" means an unincorporated
3-20     firm that is owned and controlled by one person engaged in the
3-21     practice of public accountancy.]
3-22           SECTION 2.  Subchapter A, Chapter 901, Occupations Code, is
3-23     amended by adding Section 901.0021 to read as follows:
3-24           Sec. 901.0021.  MEANING AND IMPLICATION OF REPORT.  (a)  In
3-25     this chapter, a reference to a report used with respect to a
3-26     financial statement means an opinion, report, or other document,
 4-1     including an assurance prepared in accordance with standards for
 4-2     accounting and review services adopted by the American Institute of
 4-3     Certified Public Accountants or another national accountancy
 4-4     organization recognized by the board, that:
 4-5                 (1)  states or implies assurance as to the reliability
 4-6     of the financial statement; and
 4-7                 (2)  includes or is accompanied by a statement or
 4-8     implication that the person issuing the opinion, report, or other
 4-9     document has special knowledge or competence in accounting or
4-10     auditing.
4-11           (b)  A statement or implication of assurance as to the
4-12     reliability of a financial statement or as to the special knowledge
4-13     or competence of the person issuing the opinion, report, or other
4-14     document includes any form of language that is conventionally
4-15     understood to constitute such a statement or implication.
4-16           (c)  A statement or implication of special knowledge or
4-17     competence in accounting or auditing may arise from:
4-18                 (1)  the use by the issuer of the opinion, report, or
4-19     other document of a name or title indicating that the person is an
4-20     accountant or auditor; or
4-21                 (2)  the language of the opinion, report, or other
4-22     document itself.
4-23           SECTION 3.  Subsections (a) and (c), Section 901.003,
4-24     Occupations Code, are amended to read as follows:
4-25           (a)  In this chapter, "practice of public accountancy" means:
4-26                 (1)  the performance for a client by a person who is
 5-1     certified, licensed, or registered under this chapter of a service
 5-2     that involves the use of accounting, attesting, or auditing skills;
 5-3                 (2)  the performance or offer of performance for a
 5-4     client or potential client by a person who represents to the public
 5-5     that the person is certified, licensed, or registered under this
 5-6     chapter of a service that involves the use of accounting,
 5-7     attesting, or auditing skills;
 5-8                 (3)  the performance of activities of a person or
 5-9     practice unit licensed under this chapter in:
5-10                       (A)  preparing or reporting on a financial
5-11     statement or report that is to be used by an investor, [unless the
5-12     report is prepared for internal use by] the management of an
5-13     organization, a third party, or a financial institution, unless the
5-14     report is prepared for internal use only; or
5-15                       (B)  preparing a tax return that is filed with a
5-16     taxing authority; or
5-17                 (4)  the supervision of an activity described by
5-18     Subdivision (3).
5-19           (c)  For purposes of this section, a person represents to the
5-20     public that the person is certified, licensed, or registered under
5-21     this chapter if the person makes an oral or written representation
5-22     that the person is certified, licensed, or registered.  A written
5-23     representation includes a representation communicated by office
5-24     sign, business card, letterhead, or advertisement.  A
5-25     representation does not include:
5-26                 (1)  the display of an original certificate or
 6-1     registration unless a license is also displayed;
 6-2                 (2)  a representation made by a faculty member of an
 6-3     educational institution solely in connection with the duties of the
 6-4     person as a faculty member; or
 6-5                 (3)  a representation in a book, article, or other
 6-6     publication, or a representation made in connection with the
 6-7     promotion of the publication, unless the representation includes an
 6-8     offer to perform a service or to sell a product other than the
 6-9     publication.
6-10           SECTION 4.  Subsection (a), Section 901.004, Occupations
6-11     Code, is amended to read as follows:
6-12           (a)  This chapter does not:
6-13                 (1)  restrict an official act of a person acting in the
6-14     person's capacity as:
6-15                       (A)  an officer of the state or of a county,
6-16     municipality, or other political subdivision, including a county
6-17     auditor;
6-18                       (B)  an officer of a federal department or
6-19     agency; or
6-20                       (C)  an assistant, deputy, or employee of a
6-21     person described by Paragraph (A) or (B);
6-22                 (2)  prohibit a person who is not a certified public
6-23     accountant or public accountant from serving as an employee of:
6-24                       (A)  a certified public accountant or public
6-25     accountant licensed by the board; or
6-26                       (B)  a firm composed of certified public
 7-1     accountants or public accountants licensed by the board; [or]
 7-2                 (3)  prohibit a person licensed by the federal
 7-3     government as an enrolled agent from performing an act or using a
 7-4     designation authorized by federal law;
 7-5                 (4)  prohibit an attorney or firm of attorneys from
 7-6     preparing or presenting records or documents customarily prepared
 7-7     by an attorney or firm of attorneys in connection with the
 7-8     attorney's or firm's professional work in the practice of law; or
 7-9                 (5)  prohibit an employee, officer, or director of a
7-10     financial institution, as defined by Section 201.101, Finance Code,
7-11     from preparing or presenting records or documents when lawfully
7-12     acting within the scope of the activities of the institution.
7-13           SECTION 5.  Sections 901.005 and 901.006, Occupations Code,
7-14     are amended to read as follows:
7-15           Sec. 901.005.  FINDINGS; PUBLIC POLICY; PURPOSE.  (a)  The
7-16     practice of public accountancy is a learned profession that
7-17     requires specialized education and experience.  That practice has
7-18     historically been defined to include a broad range of financial,
7-19     advisory, and attest services, including:
7-20                 (1)  issuing a report on a financial statement;
7-21                 (2)  preparing a tax return;
7-22                 (3)  providing advice in a tax matter;
7-23                 (4)  providing management or financial advisory or
7-24     consulting services;
7-25                 (5)  recommending the sale of a product if the
7-26     recommendation requires or implies accounting or auditing skill;
 8-1     and
 8-2                 (6)  providing litigation support services.
 8-3           (b)  The attest service is part of the practice of public
 8-4     accountancy.  That service provides assurance to the public,
 8-5     especially the public markets, that the management of commercial
 8-6     entities has reasonably described the financial status of those
 8-7     entities.  That assurance contributes to the strength of the
 8-8     economy and public markets of this state and to the soundness and
 8-9     reliability of the financial system.  The strength of the financial
8-10     system in this state is supported by the competence, integrity, and
8-11     expertise of the persons who attest to financial statements in this
8-12     state.
8-13           (c)  Notwithstanding Subsection (b), the public relies on the
8-14     competence and integrity of certified public accountants in all of
8-15     its dealings with certified public accountants and not merely in
8-16     connection with their performance of the attest service.
8-17           (d)  The terms "accountant" and "auditor," and derivations,
8-18     combinations, and abbreviations of those terms, have an implication
8-19     of competence in the profession of public accountancy on which the
8-20     public relies in personal, business, and public activities and
8-21     enterprises.
8-22           (e) [(b)]  The policy of this state and the purpose of this
8-23     chapter are to provide that:
8-24                 (1)  the admission of persons to the practice of public
8-25     accountancy require education and experience commensurate with the
8-26     requirements of the profession;
 9-1                 (2)  a person who represents that the person practices
 9-2     public accountancy be qualified to do so;
 9-3                 (3)  a person licensed as a certified public
 9-4     accountant:
 9-5                       (A)  [engaged in the practice of public
 9-6     accountancy] maintain high standards of professional competence,
 9-7     integrity, and learning; and
 9-8                       (B)  demonstrate competence and integrity in all
 9-9     dealings with the public that rely on or imply the special skills
9-10     of a certified public accountant and not merely in connection with
9-11     the performance of the attest service;
9-12                 (4)  areas of specialized practice require special
9-13     training; and
9-14                 (5)  the activities and competitive practices of
9-15     persons practicing public accountancy be regulated to be free of
9-16     commercial exploitation to provide the public with a high level of
9-17     professional competence at reasonable fees by independent,
9-18     qualified persons.
9-19           Sec. 901.006.  APPLICATION OF SUNSET ACT.   The Texas State
9-20     Board of Public Accountancy is subject to Chapter 325, Government
9-21     Code (Texas Sunset Act).  Unless continued in existence as provided
9-22     by that chapter, the board is abolished and this chapter expires
9-23     September 1, 2005 [2003].
9-24           SECTION 6.  Subsection (a), Section 901.051, Occupations
9-25     Code, is amended to read as follows:
9-26           (a)  The Texas State Board of Public Accountancy consists of
 10-1    15 members appointed by the governor with the advice and consent of
 10-2    the senate as follows:
 10-3                (1)  10 certified public accountant members, at least
 10-4    eight of whom are, on the date of appointment:
 10-5                      (A)  a sole practitioner; or
 10-6                      (B)  an owner or employee of a certified public
 10-7    accountancy firm [engaged in public practice]; and
 10-8                (2)  five public members who are not:
 10-9                      (A)  licensed under this chapter; or
10-10                      (B)  financially involved in an organization
10-11    subject to board regulation.
10-12          SECTION 7.  Sections 901.158 and 901.159, Occupations Code,
10-13    are amended to read as follows:
10-14          Sec. 901.158.  RULES RESTRICTING [ADVERTISING OR] COMPETITIVE
10-15    PRACTICES [BIDDING].  The board in its rules of professional
10-16    conduct may regulate the [not restrict advertising or] competitive
10-17    practices of [bidding by] a license holder [except] as necessary to
10-18    ensure that the[:]
10-19                [(1)  the license holder's communications, including
10-20    advertising and price information, are informative, free of
10-21    deception, and consistent with the professionalism expected and
10-22    deserved by the public from a person engaged in the practice of
10-23    public accountancy;]
10-24                [(2)  the license holder's conduct is free from fraud,
10-25    undue influence, deception, intimidation, overreaching, and
10-26    harassment;]
 11-1                [(3)  the license holder does not engage in an
 11-2    uninvited solicitation, by use of a means other than mass media
 11-3    advertisement, to perform professional accounting services;]
 11-4                [(4)  a contract between a license holder and a state
 11-5    agency, publicly owned utility, or political subdivision, including
 11-6    a county, municipality, district, or authority, for the performance
 11-7    of professional accounting services is not solicited or awarded on
 11-8    the basis of competitive bids submitted in violation of law;]
 11-9                [(5)  a contract for the preparation of a financial
11-10    statement or an opinion on a financial statement includes
11-11    information necessary to protect the public if:]
11-12                      [(A)  the financial statement or opinion can be
11-13    used by or given to a person other than a party to the contract to
11-14    induce reliance on the statement or opinion; and]
11-15                      [(B)  the contract is entered into on the basis
11-16    of competitive bids; or]
11-17                [(6)  a] license holder does not engage in a
11-18    competitive practice that:
11-19                (1) [(A)]  impairs the independence or quality of a
11-20    service provided by a license holder;
11-21                (2) [(B)]  impairs or restricts the public's
11-22    opportunity to obtain professional accounting services of high
11-23    quality at a reasonable price; or
11-24                (3) [(C)]  unreasonably restricts competition among
11-25    license holders.
11-26          Sec. 901.159.  PEER [QUALITY] REVIEW.  (a)  The board by rule
 12-1    shall provide for a peer [quality] review program to review the
 12-2    work product of a license holder or of the certified public
 12-3    accountancy firm in which the license holder is a member [practice
 12-4    unit], in lieu of the [a] license holder, to the extent necessary
 12-5    to comply with any applicable standards adopted by generally
 12-6    recognized bodies responsible for setting accounting standards.
 12-7    Peer review must include a verification that each individual in a
 12-8    certified public accountancy firm who is responsible for
 12-9    supervising attest services and who signs or authorizes another
12-10    person to sign an accountant's reports on financial statements on
12-11    behalf of the firm meets the competency requirements of the
12-12    professional standards that apply to those services.
12-13          (b)  The board by rule shall establish a fee in an amount not
12-14    to exceed $200 to be paid by a certified public accountancy firm
12-15    [practice unit], or by a license holder who is not a member of a
12-16    certified public accountancy firm [practice unit], for each peer
12-17    [quality] review required by the board under this section.
12-18          SECTION 8.  Subsection (c), Section 901.160, Occupations
12-19    Code, is amended to read as follows:
12-20          (c)  Except on written authorization as provided by
12-21    Subsection (b), the following information gathered or received by
12-22    the board is confidential and not subject to disclosure under
12-23    Chapter 552, Government Code:
12-24                (1)  information regarding the qualifications of an
12-25    applicant or license holder to be certified [or registered] as a
12-26    certified public accountant; [and]
 13-1                (2)  information regarding the qualifications of an
 13-2    applicant or firm license holder to be issued a firm license as a
 13-3    certified public accountancy firm; and
 13-4                (3)  information regarding a disciplinary action under
 13-5    Subchapter K against a license holder or an applicant to take the
 13-6    uniform CPA examination, before a public hearing on the matter.
 13-7          SECTION 9.  Subsection (a), Section 901.161, Occupations
 13-8    Code, is amended to read as follows:
 13-9          (a)  Any statement or record prepared or an opinion formed in
13-10    connection with a positive enforcement[, quality review,] or peer
13-11    review is privileged and is not:
13-12                (1)  subject to discovery, subpoena, or other means of
13-13    legal compulsion for release to a person other than the board; or
13-14                (2)  admissible as evidence in a judicial or
13-15    administrative proceeding other than a board hearing.
13-16          SECTION 10.  Section 901.162, Occupations Code, is amended by
13-17    adding Subsection (c) to read as follows:
13-18          (c)  The state shall hold each board member, employee or
13-19    agent of the board, and volunteer member of a constructive
13-20    enforcement committee of the board harmless from any cost, damage,
13-21    or attorney's fees arising from a claim or suit against that person
13-22    for an action taken by the person in good faith in the discharge of
13-23    the board's responsibilities.
13-24          SECTION 11.  Subsection (a), Section 901.163, Occupations
13-25    Code, is amended to read as follows:
13-26          (a)  The board shall develop and maintain a system for
 14-1    tracking a complaint filed with the board against a person who
 14-2    holds a license or firm license [registered under this chapter].
 14-3          SECTION 12.  Subchapter D, Chapter 901, Occupations Code, is
 14-4    amended by adding Section 901.165 to read as follows:
 14-5          Sec. 901.165.  RULES FOR ATTEST SERVICES.  (a)  The board by
 14-6    rule shall specify those services that constitute attest services.
 14-7          (b)  Attest services are required to be performed in
 14-8    accordance with professional standards.  The board may adopt by
 14-9    reference the standards developed for general application by the
14-10    American Institute of Certified Public Accountants or another
14-11    nationally recognized accountancy organization.
14-12          SECTION 13.  Subsection (c), Section 901.253, Occupations
14-13    Code, is amended to read as follows:
14-14          (c)  The board may obtain criminal history record information
14-15    maintained by a law enforcement agency, including the Department of
14-16    Public Safety and the Federal Bureau of Investigation
14-17    identification division, to investigate the qualifications of an
14-18    individual who applies to take the uniform CPA examination or to be
14-19    certified or issued a firm license [registered] under this chapter.
14-20          SECTION 14.  Section 901.254, Occupations Code, is amended to
14-21    read as follows:
14-22          Sec. 901.254.  EDUCATION REQUIREMENTS.  [(a)]  To be eligible
14-23    to take the uniform CPA examination, an applicant must:
14-24                (1)  hold a baccalaureate or graduate degree, or its
14-25    equivalent as determined by board rule, conferred by a
14-26    board-recognized institution of higher education; and
 15-1                (2)  complete at least[:]
 15-2                      [(A)]  150 semester hours or quarter-hour
 15-3    equivalents in board-recognized courses, including an accounting
 15-4    concentration or equivalent courses as determined by board rule[;]
 15-5                      [(B)  30 semester hours or quarter-hour
 15-6    equivalents in board-recognized accounting courses, as defined by
 15-7    board rule, including at least 20 semester hours or quarter-hour
 15-8    equivalents in core accounting courses, as defined by board rule;
 15-9    and]
15-10                      [(C)  20 semester hours or quarter-hour
15-11    equivalents in board-recognized college or university
15-12    accounting-related courses in other areas of business
15-13    administration].
15-14          SECTION 15.  Subsection (a), Section 901.256, Occupations
15-15    Code, is amended to read as follows:
15-16          (a)  To be eligible to receive a certificate, a person must
15-17    complete:
15-18                (1)  at least two years of work experience under the
15-19    supervision of a certified public accountant; or
15-20                (2)  at least one year of work experience acceptable to
15-21    the board, including experience providing a service or advice
15-22    involving accounting, attest services, management or financial
15-23    advisory or consulting services, tax services, or other services
15-24    the board considers appropriate for an [under the supervision of a
15-25    certified public] accountant, if the person:
15-26                      (A)  has completed at least 150 semester hours of
 16-1    college credits; or
 16-2                      (B)  holds a graduate degree.
 16-3          SECTION 16.  Subsection (a), Section 901.259, Occupations
 16-4    Code, is amended to read as follows:
 16-5          (a)  The board shall issue a certificate to a person who
 16-6    holds a certificate or license issued by another state if the
 16-7    person:
 16-8                (1)  satisfies at least one of the following:
 16-9                      (A)  holds a certificate or license as a
16-10    certified public accountant from a state that the National
16-11    Association of State Boards of Accountancy's National Qualification
16-12    Appraisal Service has verified as having education, examination,
16-13    and experience requirements for certification or licensure that are
16-14    comparable to or exceed the requirements for licensure as a
16-15    certified public accountant of The American Institute of Certified
16-16    Public Accountants/National Association of State Boards of
16-17    Accountancy Uniform Accountancy Act and the board determines that
16-18    the licensure requirements of that Act are comparable to or exceed
16-19    the licensure requirements of this chapter;
16-20                      (B)  obtains from the National Association of
16-21    State Boards of Accountancy's National Qualification Appraisal
16-22    Service verification that the individual's education, examination,
16-23    and experience qualifications are comparable to or exceed the
16-24    requirements for licensure as a certified public accountant of The
16-25    American Institute of Certified Public Accountants/National
16-26    Association of State Boards of Accountancy Uniform Accountancy Act
 17-1    and the board determines that the licensure requirements of that
 17-2    Act are comparable to or exceed the licensure requirements of this
 17-3    chapter;
 17-4                      (C)  [has passed the uniform CPA examination with
 17-5    grades that were passing grades in this state on the date the
 17-6    person took the examination;]
 17-7                [(2)  satisfies at least one of the following:]
 17-8                      [(A)]  meets the requirements for issuance of a
 17-9    certificate in this state other than the requirement providing the
17-10    grades necessary to pass the uniform CPA examination;
17-11                      (D) [(B)]  met the requirements in effect for
17-12    issuance of a certificate in this state on the date the person was
17-13    issued a certificate by the other state; or
17-14                      (E) [(C)]  has completed at least four years of
17-15    experience practicing public accountancy, if the experience:
17-16                            (i)  occurred after the person passed the
17-17    uniform CPA examination and within the 10 years preceding the date
17-18    of application; and
17-19                            (ii)  satisfies requirements established by
17-20    board rule; and
17-21                (2) [(3)]  has met the continuing professional
17-22    education requirements that apply to a license holder under this
17-23    chapter for the three-year period preceding the date of
17-24    application.
17-25          SECTION 17.  Subchapter F, Chapter 901, Occupations Code, is
17-26    amended by adding Section 901.260 to read as follows:
 18-1          Sec. 901.260.  CERTIFICATE BASED ON FOREIGN CREDENTIALS.
 18-2    (a)  The board may issue a certificate to an applicant who holds a
 18-3    substantially equivalent foreign credential if:
 18-4                (1)  the foreign jurisdiction that granted the
 18-5    credential has an analogous provision allowing a person who holds a
 18-6    certificate issued by this state to obtain that foreign
 18-7    jurisdiction's comparable credential;
 18-8                (2)  the foreign credential:
 18-9                      (A)  entitles the holder to issue reports on
18-10    financial statements;
18-11                      (B)  was issued by a foreign jurisdiction that
18-12    regulates the practice of public accountancy on the basis of
18-13    education, examination, and experience requirements established by
18-14    the jurisdiction; and
18-15                      (C)  has not expired or been revoked, suspended,
18-16    limited, or probated; and
18-17                (3)  the applicant:
18-18                      (A)  received the credential based on education
18-19    and examination requirements that are comparable to or exceed those
18-20    in effect in this state on the date that the foreign credential was
18-21    granted;
18-22                      (B)  satisfied one of the following:
18-23                            (i)  completed an experience requirement in
18-24    the jurisdiction that granted the foreign credential that is
18-25    comparable to or exceeds the experience requirements established
18-26    under this chapter;
 19-1                            (ii)  completed at least four years of
 19-2    professional accounting experience in this state; or
 19-3                            (iii)  within the 10 years preceding the
 19-4    date of the application, has met equivalent requirements prescribed
 19-5    by board rule;
 19-6                      (C)  passed a uniform qualifying examination
 19-7    acceptable to the board covering national standards; and
 19-8                      (D)  passed an examination acceptable to the
 19-9    board covering the laws, rules, and code of ethical conduct in
19-10    effect in this state.
19-11          (b)  An applicant for a certificate under Subsection
19-12    (a)  must list in the application each jurisdiction, foreign and
19-13    domestic, in which the applicant has applied for or holds a
19-14    credential to practice public accountancy.  Each holder of a
19-15    certificate issued under Subsection (a)  shall notify the board in
19-16    writing of the issuance, denial, revocation, suspension,
19-17    limitation, or probation of a credential or the commencement of a
19-18    disciplinary or enforcement action by any jurisdiction not later
19-19    than the 30th day after the effective date of that action.
19-20          (c)  The board's determination of whether a foreign
19-21    credential is substantially equivalent to a certificate issued
19-22    under this chapter is not subject to judicial review.
19-23          SECTION 18.  Section 901.301, Occupations Code, is amended to
19-24    read as follows:
19-25          Sec. 901.301.  ADMINISTRATION; BOARD RULES.  (a)  The board
19-26    shall conduct or contract with another person to conduct [each]
 20-1    uniform CPA examinations [examination] administered under this
 20-2    chapter.
 20-3          (b)  The board by rule may establish the:
 20-4                (1)  manner in which a person may apply for the
 20-5    examination;
 20-6                (2)  time, date, and place for the examination;
 20-7                (3)  manner in which the examination is conducted; and
 20-8                (4)  [method used to grade the examination;]
 20-9                [(5)  criteria used to determine a passing score on the
20-10    examination; and]
20-11                [(6)]  manner in which a person's examination score is
20-12    reported to the person.
20-13          SECTION 19.  Subsection (a), Section 901.304, Occupations
20-14    Code, is amended to read as follows:
20-15          (a)  For each examination or reexamination, the board by rule
20-16    shall apportion an amount of the total examination fee among the
20-17    parts of the examination that an applicant is eligible to take on a
20-18    particular examination date.  For each examination or
20-19    reexamination, the board shall collect a [The total examination]
20-20    fee set by board rule [may] not to exceed the cost of administering
20-21    the examination [$250].
20-22          SECTION 20.  Section 901.305, Occupations Code, is amended to
20-23    read as follows:
20-24          Sec. 901.305.  FREQUENCY OF EXAMINATION.  A [The board shall
20-25    administer a] uniform CPA examination shall be administered under
20-26    this chapter as often as necessary but at least once each year.
 21-1          SECTION 21.  Subsection (a), Section 901.306, Occupations
 21-2    Code, is amended to read as follows:
 21-3          (a)  The board may use or require the use of all or part of
 21-4    the uniform CPA examination and any related service available from:
 21-5                (1)  the American Institute of Certified Public
 21-6    Accountants; or
 21-7                (2)  the National Association of State Boards of
 21-8    Accountancy[, if doing so would result in a greater degree of
 21-9    reciprocity with the examination results of other states].
21-10          SECTION 22.  Section 901.307, Occupations Code, is amended to
21-11    read as follows:
21-12          Sec. 901.307.  GRADING EXAMINATION [MINIMUM PASSING GRADE].
21-13    (a)  The board by rule shall:
21-14                (1)  adopt a method for grading the examination; and
21-15                (2)  establish the criteria for passing [A person must
21-16    attain a grade of at least 75 percent on each subject of the
21-17    examination to pass] the examination.
21-18          (b)  Rules adopted under this section must, to the extent
21-19    possible, be uniform with those of other states.
21-20          SECTION 23.  Subchapter H, Chapter 901, Occupations Code, is
21-21    amended to read as follows:
21-22          SUBCHAPTER H.  FIRM LICENSE [REGISTRATION] REQUIREMENTS
21-23          Sec. 901.351.  FIRM LICENSE REQUIRED.  (a)  A firm may not
21-24    provide attest services or use the title "CPA's," "CPA Firm,"
21-25    "Certified Public Accountants," "Certified Public Accounting Firm,"
21-26    or "Auditing Firm" or a variation of one of those titles unless the
 22-1    firm holds a firm license issued under this subchapter.
 22-2          (b)  The board shall grant or renew a firm license to
 22-3    practice as a certified public accountancy firm to:
 22-4                (1)  a firm that applies and demonstrates the necessary
 22-5    qualifications in accordance with this subchapter; or
 22-6                (2)  a firm originally licensed as a certified public
 22-7    accountancy firm in another state that:
 22-8                      (A)  establishes an office in this state; and
 22-9                      (B)  demonstrates the necessary qualifications in
22-10    accordance with this subchapter.
22-11          (c)  A firm license issued under Subsection (b)(2) is
22-12    automatically revoked and may not be renewed if the firm does not
22-13    maintain a license as a certified public accountancy firm in the
22-14    other state.
22-15          (d)  A firm license must be renewed annually.
22-16          (e)  The board by rule shall specify:
22-17                (1)  the form of the application for a firm license;
22-18                (2)  the fee for an original or renewal firm license,
22-19    which may be based on the number of owners, members, partners,
22-20    shareholders, or employee license holders in this state, not to
22-21    exceed $25 for each of those persons; and
22-22                (3)  the requirements for renewal of a firm license.
22-23    [REGISTRATION REQUIRED.  A certified public accountant, a public
22-24    accountant, a firm of certified public accountants or public
22-25    accountants, and each office of that firm in this state, including
22-26    a practice unit, and a person described by Section 901.355 and each
 23-1    office of that person in this state may not engage in the practice
 23-2    of public accountancy unless the person is registered with the
 23-3    board.]
 23-4          Sec. 901.352.  APPLICATION FOR FIRM LICENSE OR REGISTRATION.
 23-5    (a)  An applicant for a firm license or registration must provide
 23-6    the board with satisfactory evidence of eligibility for a firm
 23-7    license or registration.
 23-8          (b)  The board may examine an application and may refuse to
 23-9    issue a firm license or register an applicant who does not meet the
23-10    standards imposed under this chapter.
23-11          Sec. 901.353.  RESIDENT MANAGER.  (a)  An office established
23-12    or maintained in this state [for the practice of public accountancy
23-13    in this state] by a firm of certified public accountants, a firm of
23-14    public accountants, or a person described by Section 901.355 must
23-15    be under the direct supervision of a resident manager who:
23-16                (1)  is an owner, member, partner, shareholder, or
23-17    employee of the firm or person that occupies the office; and
23-18                (2)  is licensed under this chapter.
23-19          (b)  A resident manager may serve in that capacity in only
23-20    one office at a time except as authorized by board rule.  The board
23-21    by rule may [shall] establish a registration procedure under which
23-22    a person may serve as resident manager of more than one office at a
23-23    time.
23-24          Sec. 901.354.  FIRM LICENSE [REGISTRATION] INFORMATION AND
23-25    ELIGIBILITY.  (a)  An applicant for initial issuance or renewal of
23-26    a firm license must show that a majority of the ownership of the
 24-1    firm, in terms of financial interests and voting rights, belongs to
 24-2    persons who hold certificates issued under this chapter or are
 24-3    licensed in another state.  A firm and its owners shall comply with
 24-4    board rules regardless of whether the firm includes owners who are
 24-5    not license holders.
 24-6          (b)  A certified public accountancy firm may include
 24-7    individuals as owners who are not license holders if:
 24-8                (1)  the firm designates to the board a license holder
 24-9    who resides in this state to be responsible for the firm's firm
24-10    license and the supervision of the firm;
24-11                (2)  each owner who is not a license holder and who is
24-12    a resident of this state as determined by board rule:
24-13                      (A)  is actively involved in the firm or an
24-14    affiliated entity;
24-15                      (B)  is of good moral character as demonstrated
24-16    by a lack of history of dishonest or felonious acts;
24-17                      (C)  holds a baccalaureate or graduate degree
24-18    conferred by a college or university acceptable to the board or
24-19    equivalent education as determined by the board;
24-20                      (D)  maintains any professional designation held
24-21    by the individual in good standing with the appropriate
24-22    organization or regulatory body that is identified or used in an
24-23    advertisement, letterhead, business card, or other firm-related
24-24    communication;
24-25                      (E)  has passed an examination on the rules of
24-26    professional conduct as determined by board rule;
 25-1                      (F)  complies with the rules of professional
 25-2    conduct as determined by board rule; and
 25-3                      (G)  maintains professional continuing education
 25-4    applicable to license holders as required by board rule; and
 25-5                (3)  the firm and the owners who are not license
 25-6    holders comply with board disciplinary actions and other
 25-7    requirements the board may impose by rule.
 25-8          (c)  The board by rule may adopt a system to investigate the
 25-9    background of individual owners who are not license holders under
25-10    this chapter.
25-11          (d)  The board may obtain criminal history record information
25-12    maintained by the Department of Public Safety, the Federal Bureau
25-13    of Investigation identification division, and other law enforcement
25-14    agencies to investigate the qualifications of an individual who is
25-15    not a license holder under this chapter.
25-16          (e)  The board may require an individual who is not a license
25-17    holder under this chapter to submit a complete set of fingerprints.
25-18    If the individual does not provide the complete set of fingerprints
25-19    on request, the board may refuse to allow that individual to become
25-20    an owner of a certified public accountancy firm and may cancel or
25-21    refuse to issue or renew a firm license to the firm.
25-22          (f)  An applicant for issuance or renewal of a firm license
25-23    under this section must register each office of the firm and show
25-24    that all attest services performed in this state and each office in
25-25    this state are under the supervision of a person who holds a
25-26    certificate issued under this chapter or by another state.
 26-1          (g)  An application for a firm license [registration] under
 26-2    this chapter must be made on an affidavit of the owner, an officer,
 26-3    or the general partner of the firm, as applicable, stating:
 26-4                (1)  the name of the firm;
 26-5                (2)  the firm's post office address in this state;
 26-6                (3)  the address of the firm's principal office;
 26-7                (4)  [if the firm is a partnership or corporation,] the
 26-8    address of each office of the firm in this state;
 26-9                (5)  the name of the resident manager of each office of
26-10    the firm in this state; and
26-11                (6)  [if the firm is a partnership,] the name,
26-12    residence, and post office address of:
26-13                      (A)  each partner, member, shareholder, or other
26-14    owner; and
26-15                      (B)  if the firm is a partnership, each
26-16    shareholder of a partner that is a professional corporation.
26-17          (h) [(b)]  A sole proprietorship is eligible for a firm
26-18    license [registration] if the sole proprietor and each resident
26-19    manager of an office of the sole proprietorship in this state are
26-20    certified public accountants in good standing.
26-21          (i) [(c)  A partnership is eligible for registration as a
26-22    partnership that includes a certified public accountant if:]
26-23                [(1)  at least one general partner is a certified
26-24    public accountant or corporation of certified public accountants
26-25    licensed in this state in good standing;]
26-26                [(2)  each partner engaged in the practice of public
 27-1    accountancy in this state is a certified public accountant or
 27-2    corporation of certified public accountants licensed in this state
 27-3    in good standing;]
 27-4                [(3)  each partner not engaged in the practice of
 27-5    public accountancy in this state is a certified public accountant
 27-6    or corporation of certified public accountants licensed in another
 27-7    state in good standing; and]
 27-8                [(4)  each resident manager of an office of the
 27-9    partnership in this state is a certified public accountant licensed
27-10    in this state in good standing.]
27-11          [(d)  A partnership is eligible for registration as a
27-12    partnership that includes a public accountant if:]
27-13                [(1)  at least one general partner is a certified
27-14    public accountant, public accountant, or corporation of certified
27-15    public accountants or public accountants licensed in this state in
27-16    good standing;]
27-17                [(2)  each partner engaged in the practice of public
27-18    accountancy in this state is a certified public accountant, public
27-19    accountant, or corporation of certified public accountants or
27-20    public accountants licensed in this state in good standing;]
27-21                [(3)  each partner not engaged in the practice of
27-22    public accountancy in this state is a certified public accountant,
27-23    public accountant, or corporation of certified public accountants
27-24    or public accountants licensed in another state in good standing;
27-25    and]
27-26                [(4)  each resident manager of an office of the
 28-1    partnership in this state is a certified public accountant or
 28-2    public accountant licensed in this state in good standing.]
 28-3          [(e)  A corporation is eligible for registration as a
 28-4    corporation engaged in the practice of public accountancy if the
 28-5    corporation meets the requirements applicable to partnerships under
 28-6    this chapter.]
 28-7          [(f)]  The board shall determine whether an applicant is
 28-8    eligible for a firm license [registration] under this section.  The
 28-9    board by rule shall define "good standing" for purposes of this
28-10    section.
28-11          (j) [(g)]  A certified public accountancy firm [sole
28-12    proprietorship] shall notify the board not later than the 31st day
28-13    after the date on which information in the affidavit is changed,
28-14    including information regarding the admission or withdrawal of an
28-15    owner or [a] resident manager[.  A partnership shall notify the
28-16    board within one month after the date on which information in the
28-17    affidavit is changed, including information regarding the admission
28-18    or withdrawal of a partner].
28-19          (k)  A certified public accountancy firm that is no longer in
28-20    compliance with this section because of a change in firm ownership
28-21    or personnel that occurs after the firm receives or renews a firm
28-22    license shall report that fact to the board not later than the 30th
28-23    day after the date the firm ceases to be in compliance and shall
28-24    take corrective action to bring the firm into compliance.  Failure
28-25    to bring the firm into compliance within a reasonable time as
28-26    determined by board rule is grounds for the suspension or
 29-1    revocation of the firm's firm license.
 29-2          Sec. 901.355.  REGISTRATION FOR CERTAIN [OUT-OF-STATE OR]
 29-3    FOREIGN APPLICANTS.  (a)  The [A certified public accountant of
 29-4    another state or the] holder of a certificate, license, or degree
 29-5    authorizing the person to practice public accountancy in a foreign
 29-6    country may register with the board as [a certified public
 29-7    accountant of the other state or as] the holder of a certificate,
 29-8    license, or degree issued by the foreign country, if the board
 29-9    determines that the standards under which the applicant was
29-10    certified or otherwise authorized to practice public accountancy
29-11    were at least as high as the standards of this state at the time
29-12    that authority was granted.
29-13          (b)  To register with the board under this section, the
29-14    person must pay:
29-15                (1)  the fee for issuance of a license as provided by
29-16    Section 901.154; and
29-17                (2)  a processing fee in an amount set by the board not
29-18    to exceed $250.
29-19          (c)  A person registered under this section may renew the
29-20    registration in the manner provided for renewal of a license under
29-21    Subchapter I.
29-22          (d)  A person's registration under this section is
29-23    automatically revoked and may not be renewed if the person does not
29-24    maintain the authority to practice public accountancy in the other
29-25    [state or] country.  The board shall adopt rules to ensure that the
29-26    person maintains that authority.
 30-1          Sec. 901.356.  TEMPORARY PRACTICE PERMIT FOR CERTAIN
 30-2    OUT-OF-STATE [OR FOREIGN] APPLICANTS.  A certified public
 30-3    accountancy firm [accountant] of another state that does not hold a
 30-4    firm license issued under this chapter[, a partnership or
 30-5    professional corporation composed entirely of certified public
 30-6    accountants of another state, or the holder of a certificate,
 30-7    license, or degree authorizing the person to practice public
 30-8    accountancy in a foreign country] may temporarily practice in this
 30-9    state on professional business incident to the firm's [person's]
30-10    regular practice outside this state if the firm [person]:
30-11                (1)  submits an application for a permit accompanied by
30-12    a fee in an amount not to exceed $100, as provided by board rule;
30-13    and
30-14                (2)  conducts the temporary practice according to the
30-15    laws of this state and the board's rules of professional conduct.
30-16          SECTION 24.  Section 901.401, Occupations Code, is amended to
30-17    read as follows:
30-18          Sec. 901.401.  LICENSE REQUIRED.  (a)  An individual who
30-19    holds a certificate issued under this chapter must also hold [A
30-20    person may not practice public accountancy unless the person holds]
30-21    a license issued under this chapter.
30-22          (b)  Each office of a certified public accountancy firm or a
30-23    firm of [certified] public accountants [or public accountants] must
30-24    hold a license issued under this chapter [to engage in the practice
30-25    of public accountancy].
30-26          SECTION 25.  Subsection (a), Section 901.402, Occupations
 31-1    Code, is amended to read as follows:
 31-2          (a)  On payment of the required fees, the board shall issue a
 31-3    license to an applicant who:
 31-4                (1)  holds a certificate issued under this chapter; or
 31-5                (2)  holds a firm license issued [is registered with
 31-6    the board] under this chapter.
 31-7          SECTION 26.  Section 901.403, Occupations Code, is amended to
 31-8    read as follows:
 31-9          Sec. 901.403.  APPLICATION FOR AND RENEWAL OF LICENSE
31-10    [RENEWAL REQUIRED].  [(a)]  The board shall specify:
31-11                (1)  the form of the application for a license;
31-12                (2)  the term of a license; and
31-13                (3)  the requirements for [provide for the] renewal of
31-14    a license.  [A person licensed under this chapter must pay to the
31-15    board a biennial license fee.  On payment of the required fee, the
31-16    board shall renew the person's license for a period of two years.]
31-17          [(b)  A license expires on December 31 of the applicable year
31-18    or on another date as set by the board under Subsection (c).  The
31-19    board shall provide that half of the licenses issued by the board
31-20    expire in each even-numbered year and that the other half expire in
31-21    each odd-numbered year.  The board shall prorate the license fee
31-22    for a person whose license term is for less than two years as a
31-23    result of the board's providing for half of the licenses to expire
31-24    in consecutive years.]
31-25          [(c)  The board by rule may adopt a system under which
31-26    licenses expire on a date other than December 31.  For the biennium
 32-1    in which the license expiration date is changed, license fees shall
 32-2    be prorated on a monthly basis so that each license holder pays
 32-3    only that portion of the fee that is allocable to the number of
 32-4    months during which the license is valid.  On renewal of the
 32-5    license on the new expiration date, the total license renewal fee
 32-6    is payable.]
 32-7          SECTION 27.  Subsections (a) and (c), Section 901.411,
 32-8    Occupations Code, are amended to read as follows:
 32-9          (a)  A license holder who is an individual shall participate
32-10    in a program of continuing professional education designed to
32-11    maintain professional competency.  The program must comply with
32-12    rules adopted by the board [complete at least 120 hours of
32-13    continuing professional education in each three-year period, 20
32-14    hours of which must be completed in each one-year period].
32-15          (c)  The board by rule shall provide for the [biennial]
32-16    reporting of continuing professional education by a license holder
32-17    to coincide with the person's license renewal date.
32-18          SECTION 28.  Subchapter I, Chapter 901, Occupations Code, is
32-19    amended by adding Section 901.412 to read as follows:
32-20          Sec. 901.412.  REGISTRATION OF OUT-OF-STATE PRACTITIONER WITH
32-21    SUBSTANTIALLY EQUIVALENT QUALIFICATIONS.  (a)  An individual who
32-22    holds a certificate or license as a certified public accountant
32-23    issued by another state and whose principal place of business is
32-24    not in this state may exercise all the privileges of certificate
32-25    and license holders of this state without obtaining a certificate
32-26    or license under this chapter if:
 33-1                (1)  the National Association of State Boards of
 33-2    Accountancy's National Qualification Appraisal Service has verified
 33-3    that the other state has education, examination, and experience
 33-4    requirements for certification or licensure that are comparable to
 33-5    or exceed the requirements for licensure as a certified public
 33-6    accountant of The American Institute of Certified Public
 33-7    Accountants/National Association of State Boards of Accountancy
 33-8    Uniform Accountancy Act and the board determines that the licensure
 33-9    requirements of that Act are comparable to or exceed the licensure
33-10    requirements of this chapter; or
33-11                (2)  the individual obtains from the National
33-12    Association of State Boards of Accountancy's National Qualification
33-13    Appraisal Service verification that the individual's education,
33-14    examination, and experience qualifications are comparable to or
33-15    exceed the requirements for licensure as a certified public
33-16    accountant of The American Institute of Certified Public
33-17    Accountants/National Association of State Boards of Accountancy
33-18    Uniform Accountancy Act and the board determines that the licensure
33-19    requirements of that Act are comparable to or exceed the licensure
33-20    requirements of this chapter.
33-21          (b)  An individual who meets the requirements of Subsection
33-22    (a)(1) or (2) must register with the board to practice public
33-23    accountancy in this state.  To register with the board, the
33-24    individual must:
33-25                (1)  in the manner prescribed by board rule, notify the
33-26    board of the person's intent to practice; and
 34-1                (2)  pay a processing fee in an amount set by the board
 34-2    not to exceed $250.
 34-3          (c)  An individual who registers under this section:
 34-4                (1)  is subject to the personal and subject matter
 34-5    jurisdiction and disciplinary authority of the board and the courts
 34-6    of this state;
 34-7                (2)  must comply with this chapter and the board's
 34-8    rules; and
 34-9                (3)  is considered to have appointed the regulatory
34-10    agency of the state that issued the individual's certificate or
34-11    license as the individual's agent on whom process may be served in
34-12    any action or proceeding by the board against the individual.
34-13          (d)  An individual's practice privileges under this section
34-14    are automatically revoked if the individual does not maintain the
34-15    authority to practice public accountancy in the other state.
34-16          SECTION 29.  Sections 901.451, 901.452, 901.453, and 901.454,
34-17    Occupations Code, are amended to read as follows:
34-18          Sec. 901.451.  USE OF TITLE OR ABBREVIATION FOR "CERTIFIED
34-19    PUBLIC ACCOUNTANT."  (a)  A person may not assume or use the title
34-20    or designation "certified public accountant," the abbreviation
34-21    "CPA," or any other title, designation, word, letter, abbreviation,
34-22    sign, card, or device tending to indicate that the person is a
34-23    certified public accountant unless the person holds a certificate
34-24    under this chapter[, or a firm composed of certified public
34-25    accountants, unless:]
34-26                [(1)  the person is certified or registered, as
 35-1    appropriate, and licensed under this chapter; and]
 35-2                [(2)  each of the person's offices in this state for
 35-3    the practice of public accounting is maintained and registered as
 35-4    required under Subchapter H].
 35-5          (b)  A person may not provide attest services or assume or
 35-6    use the title "certified public accountants," the abbreviation
 35-7    "CPAs," or any other title, designation, word, letter,
 35-8    abbreviation, sign, card, or device tending to indicate that the
 35-9    person is a certified public accountancy firm unless:
35-10                (1)  the person holds a firm license issued under this
35-11    chapter;
35-12                (2)  ownership of the person complies with the
35-13    requirements of this chapter and rules adopted by the board; and
35-14                (3)  the person complies with board rules authorizing
35-15    the practice.
35-16          (c)  The title or designation "certified public accountant"
35-17    and the abbreviation "CPA" may not be used in connection with an
35-18    office that is required to be under the supervision of a resident
35-19    manager under Section 901.353 unless the resident manager holds a
35-20    certificate and a license issued under this chapter.
35-21          Sec. 901.452.  USE OF TITLE OR ABBREVIATION FOR "PUBLIC
35-22    ACCOUNTANT."  A person may not assume or use the title or
35-23    designation "public accountant" or any other title, designation,
35-24    word, letter, abbreviation, sign, card, or device tending to
35-25    indicate that the person is a public accountant, or a firm composed
35-26    of public accountants, unless:
 36-1                (1)  the person is certified [or registered, as
 36-2    appropriate,] and licensed under this chapter; and
 36-3                (2)  each of the person's offices in this state for the
 36-4    practice of public accounting is maintained and practices under a
 36-5    firm license [registered] as required under Subchapter H.
 36-6          Sec. 901.453.  USE OF OTHER TITLES OR ABBREVIATIONS.
 36-7    (a)  Except as provided by Subsection (b), a person may not assume
 36-8    or use:
 36-9                (1)  a title or designation likely to be confused with
36-10    "certified public accountant" or "public accountant," including
36-11    "certified accountant," "chartered accountant," "enrolled
36-12    accountant," [or] "licensed accountant," "registered accountant,"
36-13    or "accredited accountant"; or
36-14                (2)  an abbreviation likely to be confused with "CPA,"
36-15    including "CA," "PA," "EA," "RA," "LA," or "AA." [or "LA."]
36-16          (b)  A person may hold the person out to the public as an
36-17    "accountant," "auditor," or any combination of those terms or
36-18    assert that the person has expertise in accounting or auditing only
36-19    if:
36-20                (1)  the person holds a license issued under this
36-21    chapter; and
36-22                (2)  each of the person's offices in this state for the
36-23    practice of public accounting is maintained and practices under a
36-24    firm license [registered] as required under Subchapter H.
36-25          Sec. 901.454.  TITLE USED BY CERTAIN OUT-OF-STATE OR FOREIGN
36-26    ACCOUNTANTS.  (a)  A person who is an accountant of another state
 37-1    [or foreign country] may use the title under which the accountant
 37-2    is generally known in the state [or country] from which the
 37-3    accountant received a certificate, license, or degree, followed by
 37-4    the name of that state [or country], if:
 37-5                (1)  the person [is registered and] holds a license
 37-6    issued under this chapter; and
 37-7                (2)  each of the person's offices in this state for the
 37-8    practice of public accountancy is maintained and practices under a
 37-9    firm license [registered] as required under Subchapter H.
37-10          (b)  A person who holds a certification, degree, license, or
37-11    other credential granted in a foreign jurisdiction that entitles
37-12    the person to engage in the practice of public accountancy or its
37-13    equivalent in that jurisdiction may use in this state any title or
37-14    designation under which the person practices in the foreign
37-15    jurisdiction, followed by a translation of the title or designation
37-16    into English if it is in a different language and by the name of
37-17    that jurisdiction, if:
37-18                (1)  the person's activities in this state are limited
37-19    to the provision of professional accounting services to persons who
37-20    are residents, governments, or business entities of that foreign
37-21    jurisdiction; and
37-22                (2)  the person does not perform attest services or
37-23    issue reports on the financial statements of any other person in
37-24    this state.
37-25          (c)  A person registered under Section 901.355 shall
37-26    [represent to the public that the person is a certified public
 38-1    accountant of the state that issued the certificate or] use the
 38-2    title held in the country from which the person received a
 38-3    certificate, license, or degree, and shall indicate the name of the
 38-4    [state or] country.
 38-5          SECTION 30.  Subsection (c), Section 901.455, Occupations
 38-6    Code, is amended to read as follows:
 38-7          (c)  A corporation that is [registered and] licensed under
 38-8    this chapter may practice public accountancy under a corporate name
 38-9    indicating that it is engaged in that practice.
38-10          SECTION 31.  Sections 901.456 and 901.457, Occupations Code,
38-11    are amended to read as follows:
38-12          Sec. 901.456.  REPORTS ON FINANCIAL STATEMENTS; USE OF NAME
38-13    OR SIGNATURE ON CERTAIN DOCUMENTS.  (a)  Only a license holder may
38-14    issue a report on a financial statement of another person or
38-15    otherwise perform or offer to perform an attest service.
38-16          (b)  A person who is not a license holder:
38-17                (1)  may not use language in any statement related to
38-18    the financial affairs of a person that is conventionally used by
38-19    license holders in reports on financial statements;
38-20                (2)  may prepare financial statements; and
38-21                (3)  may issue nonattest transmittals or information
38-22    regarding nonattest transmittals if the transmittals or information
38-23    do not purport to be in compliance with standards for accounting
38-24    and review services adopted by the American Institute of Certified
38-25    Public Accountants or another national accountancy organization
38-26    recognized by the board.
 39-1          (c)  The following safe harbor language may be used by a
 39-2    person who is not a license holder without violating Subsection
 39-3    (b):  "(I/We) have prepared the accompanying balance sheet of
 39-4    (client's name) as of (date) and the related statements of income,
 39-5    retained earnings, and cash flow changes in financial position for
 39-6    the (period then ended).  These financial statements, which are the
 39-7    representation of management and which are presented to be used for
 39-8    federal income tax purposes, (are/are not) in agreement with the
 39-9    company's financial records.  Management has elected to omit
39-10    substantially all informative disclosures with respect to these
39-11    financial statements.  If the omitted disclosures were included in
39-12    the above financial statements, they might influence the user's
39-13    conclusion concerning the company's financial position, results of
39-14    operations, and/or changes in financial position.  (I/We) do not
39-15    express any form of assurance with respect to these financial
39-16    statements."
39-17          (d)  Unless a person is in compliance with this chapter, the
39-18    person may not sign on or affix to an accounting or financial
39-19    statement, or an opinion on, report on, or certificate to an
39-20    accounting or financial statement, the person's name or a trade or
39-21    assumed name used by the person in the person's profession or
39-22    business with any wording indicating that the person:
39-23                (1)  is an accountant or auditor; or
39-24                (2)  has expert knowledge in accounting or auditing.
39-25          (e) [(b)]  This section does not prohibit:
39-26                (1)  a partner, officer, employee, or principal of an
 40-1    organization from signing a statement or report regarding the
 40-2    financial affairs of the organization with wording that designates
 40-3    the position, office, or title held by the person in the
 40-4    organization; [or]
 40-5                (2)  any act of a public official or public employee in
 40-6    the performance of the person's duties as a public official or
 40-7    public employee; or
 40-8                (3)  the performance by a person who is not a license
 40-9    holder of a service that is not an attest service and that involves
40-10    the use of bookkeeping skills, including:
40-11                      (A)  the preparation of tax returns;
40-12                      (B)  management advisory services; or
40-13                      (C)  the preparation of financial statements
40-14    without the issuance of reports.
40-15          (f)  A license holder who performs attest services must
40-16    provide those services in accordance with standards adopted by the
40-17    American Institute of Certified Public Accountants or another
40-18    national accountancy organization recognized by the board.
40-19          Sec. 901.457.  ACCOUNTANT-CLIENT PRIVILEGE.  (a)  A license
40-20    holder or a partner, member, officer, shareholder, or employee of a
40-21    license holder may not voluntarily disclose information
40-22    communicated to the license holder or a partner, member,
40-23    shareholder, or employee of the license holder by a client in
40-24    connection with services provided to the client by the license
40-25    holder or a partner, member, shareholder, or employee of the
40-26    license holder [in the practice of public accountancy], except with
 41-1    the permission of the client or the client's representative.
 41-2          (b)  This section does not prohibit a license holder from
 41-3    disclosing information that is required to be disclosed:
 41-4                (1)  by the professional standards for reporting on the
 41-5    examination of a financial statement;
 41-6                (2)  under [in] a summons under the provisions of the
 41-7    Internal Revenue Code of 1986 and its subsequent amendments, the
 41-8    Securities Act of 1933 (15 U.S.C. Section 77a et seq.) and its
 41-9    subsequent amendments, or the Securities Exchange Act of 1934 (15
41-10    U.S.C. Section 78a et seq.) and its subsequent amendments or under
41-11    a court order if the summons or order:
41-12                      (A)  is addressed to the license holder;
41-13                      (B)  mentions the client by name; and
41-14                      (C)  requests specific information concerning the
41-15    client [court proceeding];
41-16                (3)  in an investigation or proceeding conducted by the
41-17    board;
41-18                (4)  in an ethical investigation conducted by a
41-19    professional organization of certified public accountants; or
41-20                (5)  in the course of a peer [quality] review under
41-21    Section 901.159.
41-22          SECTION 32.  Subsections (a) and (b), Section 901.458,
41-23    Occupations Code, are amended to read as follows:
41-24          (a)  In this section, "direct labor cost" means:
41-25                (1)  the total compensation paid to a person who
41-26    performs services; and
 42-1                (2)  the employer payroll expenses related to that
 42-2    compensation, including workers' compensation insurance premiums,
 42-3    social security contributions, costs of participating in retirement
 42-4    plans, group insurance costs, and unemployment taxes.
 42-5          (b)  A person creates a presumption of loss of independence
 42-6    if the person:
 42-7                (1)  holds a certificate or firm license issued under
 42-8    this chapter [or is registered under this chapter]; and
 42-9                (2)  performs or offers to perform an attest [a]
42-10    service [involving auditing skills] for compensation that is less
42-11    than the direct labor cost reasonably expected to be incurred in
42-12    performing the service.
42-13          SECTION 33.  Subchapter J, Chapter 901, Occupations Code, is
42-14    amended by adding Section 901.460 to read as follows:
42-15          Sec. 901.460.  PERFORMING ATTEST SERVICES.  (a)  A
42-16    certificate holder may perform attest services only in a certified
42-17    public accountancy firm.
42-18          (b)  A license holder who is an individual and who is
42-19    responsible for supervising attest services or signs or authorizes
42-20    another person to sign an accountant's reports on financial
42-21    statements on behalf of a certified public accountancy firm must
42-22    meet the competency requirements of the professional standards that
42-23    apply to those services.
42-24          SECTION 34.  Sections 901.501, 901.502, and 901.504,
42-25    Occupations Code, are amended to read as follows:
42-26          Sec. 901.501.  DISCIPLINARY POWERS OF BOARD.  (a)  On a
 43-1    determination that a ground for discipline exists under Section
 43-2    901.502, after notice and hearing as provided by Section 901.509,
 43-3    the board may:
 43-4                (1)  revoke a certificate, firm license, or practice
 43-5    privilege [or registration] issued under this chapter;
 43-6                (2)  suspend under any terms a certificate, firm
 43-7    license, practice privilege [registration], or license issued under
 43-8    this chapter for a period not to exceed five years;
 43-9                (3)  refuse to renew a license;
43-10                (4)  place a license holder on probation;
43-11                (5)  reprimand a license holder;
43-12                (6)  limit the scope of a license holder's practice;
43-13                (7)  require a license holder to complete a peer review
43-14    program conducted in the manner prescribed by the board;
43-15                (8)  require a license holder to complete a continuing
43-16    education program specified by the board;
43-17                (9)  impose on a license holder the direct
43-18    administrative costs incurred by the board in taking action under
43-19    Subdivisions (1) through (8) [(6)]; or
43-20                (10) [(8)]  impose an administrative penalty under
43-21    Subchapter L.
43-22          (b)  If a person's [an individual's] license suspension is
43-23    probated, the board may require the person [individual] to:
43-24                (1)  report regularly to the board on matters that are
43-25    the basis of the probation;
43-26                (2)  limit practice to the areas prescribed by the
 44-1    board; or
 44-2                (3)  continue or renew professional education until the
 44-3    license holder attains a degree of skill satisfactory to the board
 44-4    in those areas that are the basis of the probation.
 44-5          Sec. 901.502.  GROUNDS FOR DISCIPLINARY ACTION.  The board
 44-6    may discipline a person under Section 901.501 for:
 44-7                (1)  fraud or deceit in obtaining a certificate, firm
 44-8    license [registration], or license under this chapter;
 44-9                (2)  fraud, dishonesty, or gross negligence in the
44-10    performance of services as a license holder [practice of public
44-11    accountancy], including:
44-12                      (A)  knowingly participating in the preparation
44-13    of a false or misleading financial statement or tax return; or
44-14                      (B)  failing to file the license holder's own
44-15    income tax return;
44-16                (3)  the failure of a person who is certified or
44-17    required to hold a firm license [registered] under this chapter to
44-18    obtain a license not later than the third anniversary of the date
44-19    on which the person was certified or required to obtain a firm
44-20    license [registered];
44-21                (4)  the failure of a person who is licensed under this
44-22    chapter to renew the license not later than the third anniversary
44-23    of the date on which the person most recently obtained or renewed
44-24    the license;
44-25                (5)  a violation of Subchapter J[, other than Section
44-26    901.457 or 901.459];
 45-1                (6)  a violation of a rule of professional conduct
 45-2    adopted by the board;
 45-3                (7)  a revocation or suspension of the certificate or
 45-4    firm license [registration] or a revocation, suspension, or refusal
 45-5    to renew the license of the person's partner, member, or
 45-6    shareholder;
 45-7                (8)  a revocation, cancellation, placement on
 45-8    probation, limitation on the scope of practice, or suspension by
 45-9    another state, or a refusal of renewal by another state, of the
45-10    authority issued by that state to the person, or to the person's
45-11    partner, member, or shareholder, to engage in the practice of
45-12    public accountancy for a reason other than the failure to pay the
45-13    appropriate authorization [registration] fee;
45-14                (9)  a revocation or suspension of, or a voluntary
45-15    consent decree concerning, the right of the person, or of the
45-16    person's partner, member, or shareholder, to practice before a
45-17    state or federal agency for a reason the board determines warrants
45-18    its action;
45-19                (10)  a final conviction of or the imposition of
45-20    deferred adjudication for an offense under the laws of any state or
45-21    the United States that:
45-22                      (A)  is a felony; or
45-23                      (B)  includes fraud or dishonesty as an element
45-24    of the offense; [or]
45-25                (11)  conduct indicating lack of fitness to serve the
45-26    public as a professional accountant; or
 46-1                (12)  a violation by a license holder or an owner of a
 46-2    certified public accountancy firm who is not a license holder of:
 46-3                      (A)  this chapter;
 46-4                      (B)  professional standards adopted by the board;
 46-5    or
 46-6                      (C)  a rule or order adopted by the board.
 46-7          Sec. 901.504.  LICENSE REVOCATION BASED ON VIOLATION OF
 46-8    CHAPTER.  After notice and hearing as provided by Section 901.509,
 46-9    the board:
46-10                (1)  may revoke a license that was issued or renewed in
46-11    violation of this chapter or a rule adopted under this chapter; and
46-12                (2)  shall revoke the firm [registration and] license
46-13    of a sole proprietorship, partnership, [or] corporation, limited
46-14    liability company, or other business entity that does not meet each
46-15    qualification for a firm license [registration] prescribed by this
46-16    chapter.
46-17          SECTION 35.  Subsections (a) and (d), Section 901.505,
46-18    Occupations Code, are amended to read as follows:
46-19          (a)  On conviction of a person of an offense under the laws
46-20    of any state or the United States that is a felony or that includes
46-21    fraud or dishonesty as an element of the offense, after notice and
46-22    hearing as provided by Section 901.509, the board may:
46-23                (1)  suspend a certificate or firm license
46-24    [registration] issued under this chapter; or
46-25                (2)  suspend or refuse to renew a license issued under
46-26    this chapter.
 47-1          (d)  If the conviction is reversed, set aside, or modified so
 47-2    that the underlying offense is not a felony or an offense that
 47-3    includes fraud or dishonesty as an element of the offense, the
 47-4    board shall reinstate the certificate, firm license [registration],
 47-5    or license suspended under this section.  A reinstatement under
 47-6    this subsection does not limit the board's right to take other
 47-7    disciplinary action authorized by this subchapter.
 47-8          SECTION 36.  Sections 901.506 and 901.507, Occupations Code,
 47-9    are amended to read as follows:
47-10          Sec. 901.506.  VOLUNTARY SURRENDER OF CERTIFICATE OR FIRM
47-11    LICENSE [REGISTRATION].  (a)  Subject to board approval, a person
47-12    [an individual] who holds a certificate or firm license
47-13    [registration] issued under this chapter may resign and surrender
47-14    the certificate or firm license [registration] to the board at any
47-15    time and for any reason.
47-16          (b)  A person [An individual] who resigns and surrenders a
47-17    certificate or firm license [registration] may not apply for
47-18    reinstatement of the certificate or firm license [registration].
47-19    The person [individual] may be issued a new certificate or firm
47-20    license [registration] on completion of all requirements for the
47-21    issuance of an original certificate or firm license [registration].
47-22    The board may not issue a certificate to an individual who
47-23    previously resigned a certificate unless:
47-24                (1)  after the date of resignation, the individual
47-25    completes the examination requirement for a new certificate; or
47-26                (2)  on application, the board waives the examination
 48-1    requirement.
 48-2          (c)  A person [An individual] who applies for a new
 48-3    certificate or firm license [registration] must, if applicable,
 48-4    disclose in the application the fact that the person [individual]
 48-5    previously resigned and surrendered a certificate or firm license
 48-6    [registration] during the course of a disciplinary investigation or
 48-7    proceeding conducted by the board.  The board shall consider that
 48-8    fact in determining whether to issue a new certificate or firm
 48-9    license [registration] to the person [individual].
48-10          Sec. 901.507.  REINSTATEMENT.  On receipt of a written
48-11    application, and after notice and hearing, the board may:
48-12                (1)  issue a new certificate to an individual whose
48-13    certificate was revoked;
48-14                (2)  issue a new firm license to [reregister] a person
48-15    whose firm license [registration] was revoked;
48-16                (3)  reinstate a suspended license or modify the terms
48-17    of the suspension;
48-18                (4)  approve a previously denied application to take
48-19    the uniform CPA examination; or
48-20                (5)  reinstate an individual's previously voided
48-21    uniform CPA examination grades.
48-22          SECTION 37.  Subchapter K, Chapter 901, Occupations Code, is
48-23    amended by adding Section 901.511 to read as follows:
48-24          Sec. 901.511.  DISCIPLINARY ACTION FOR ACT COMMITTED IN
48-25    ANOTHER STATE.  (a)  A license holder of this state who offers to
48-26    perform or performs professional accounting services or who uses
 49-1    the license holder's title as a certified public accountant in
 49-2    another state or jurisdiction is subject to disciplinary action in
 49-3    this state for an act committed in the other state or jurisdiction
 49-4    for which the license holder would be subject to discipline as a
 49-5    license holder of the other state or jurisdiction.
 49-6          (b)  The board shall investigate any complaint made by the
 49-7    regulatory agency of another state or jurisdiction concerning a
 49-8    license holder of this state.
 49-9          SECTION 38.  Subsection (b), Section 901.601, Occupations
49-10    Code, is amended to read as follows:
49-11          (b)  An action under Subsection (a)(1) must be brought in
49-12    district court in:
49-13                (1)  Travis County, if the person is licensed under
49-14    this chapter or is not a resident of this state; or
49-15                (2)  the county in which the person resides, if the
49-16    person is a resident of this state but is not licensed under this
49-17    chapter.
49-18          SECTION 39.  Subsection (c), Section 901.602, Occupations
49-19    Code, is amended to read as follows:
49-20          (c)  A complaint filed under this section must be filed in a
49-21    district court in:
49-22                (1)  Travis County, if the complaint is filed against a
49-23    person who is [registered or] licensed under this chapter or is not
49-24    a resident of this state; or
49-25                (2)  the county in which the person resides, if the
49-26    complaint is filed against a person who is a resident of this state
 50-1    but is not [registered or] licensed under this chapter.
 50-2          SECTION 40.  Subchapter M, Chapter 901, Occupations Code, is
 50-3    amended by adding Sections 901.603, 901.604, and 901.605 to read as
 50-4    follows:
 50-5          Sec. 901.603.  INTERVENTION IN ACTION.  Subject to approval
 50-6    by the board, a license holder or a professional organization of
 50-7    certified public accountants may intervene in an action by the
 50-8    board or may bring an action in the name of the license holder or
 50-9    professional organization to enforce any provision of this chapter
50-10    against a person who does not hold a license or firm license.
50-11          Sec. 901.604.  SINGLE ACT AS EVIDENCE OF PRACTICE.  In an
50-12    action brought under this chapter, evidence of a single act
50-13    prohibited by this chapter is sufficient to justify a penalty,
50-14    injunction, restraining order, or conviction without evidence of a
50-15    general course of conduct.
50-16          Sec. 901.605.  APPOINTMENT OF SECRETARY OF STATE AS AGENT.  A
50-17    person who is not a resident of this state and who applies for a
50-18    certificate or firm license is considered to have appointed the
50-19    secretary of state as the applicant's agent for service of process
50-20    in any action or proceeding against the applicant arising out of
50-21    any transaction connected with or incidental to professional
50-22    accounting services performed by the applicant while the applicant
50-23    holds a certificate or firm license.
50-24          SECTION 41.  (a)  This Act takes effect September 1, 2001.
50-25          (b)  A person who is registered under Subchapter H, Chapter
50-26    901, Occupations Code, on the effective date of this Act is
 51-1    considered to hold a firm license under that subchapter as amended
 51-2    by this Act and is not required to obtain a firm license under that
 51-3    subchapter until the date the registration expires.
 51-4          (c)  The Texas State Board of Public Accountancy shall adopt
 51-5    rules under Subsection (a), Section 901.304, and Section 901.307,
 51-6    Occupations Code, as amended by this Act, not later than January 1,
 51-7    2002.
 51-8          (d)  Subsection (a), Section 901.304, and Section 901.307,
 51-9    Occupations Code, as amended by this Act, apply only to an
51-10    examination given on or after the date the Texas State Board of
51-11    Public Accountancy adopts rules under those sections as required by
51-12    this Act.  An examination given before the date the board adopts
51-13    rules under those sections is governed by the law in effect when
51-14    the examination was given, and the former law is continued in
51-15    effect for that purpose.
51-16          (e)  The change in law made by this Act applies only to an
51-17    offense committed on or after the effective date of this Act.  For
51-18    purposes of this subsection, an offense is committed before the
51-19    effective date of this Act if any element of the offense occurs
51-20    before that date.
51-21          (f)  An offense committed before the effective date of this
51-22    Act is governed by the law in effect when the offense was
51-23    committed, and the former law is continued in effect for that
51-24    purpose.