1-1     By:  Armbrister, Moncrief                             S.B. No. 1358
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Business and Commerce;
 1-4     April 9, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 2; April 9, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1358                  By:  Fraser
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of the practice of public accounting.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (a), Section 901.002, Occupations
1-13     Code, is amended to read as follows:
1-14           (a)  In this chapter:
1-15                 (1)  "Attest service" means:
1-16                       (A)  an audit or other engagement required by the
1-17     board to be performed in accordance with the auditing standards
1-18     adopted by the American Institute of Certified Public Accountants
1-19     or another national accountancy organization recognized by the
1-20     board;
1-21                       (B)  an engagement required by the board to be
1-22     performed in accordance with standards for accounting and review
1-23     services adopted by the American Institute of Certified Public
1-24     Accountants or another national accountancy organization recognized
1-25     by the board;
1-26                       (C)  an engagement required by the board to be
1-27     performed in accordance with standards for attestation engagements
1-28     adopted by the American Institute of Certified Public Accountants
1-29     or another national accountancy organization recognized by the
1-30     board; or
1-31                       (D)  any other assurance service required by the
1-32     board to be performed in accordance with professional standards
1-33     adopted by the American Institute of Certified Public Accountants
1-34     or another national accountancy organization recognized by the
1-35     board.
1-36                 (2)  "Board" means the Texas State Board of Public
1-37     Accountancy.
1-38                 (3) [(2)]  "Certificate" means a certificate issued to
1-39     a certified public accountant.
1-40                 (4) [(3)]  "Certified public accountant" means a person
1-41     who holds a certificate issued under this chapter.
1-42                 (5)  "Certified public accountancy firm" means a person
1-43     who holds a firm license.
1-44                 (6)  "Client" means a person who enters into an
1-45     agreement with a license holder or a license holder's employer to
1-46     receive a professional accounting service.
1-47                 (7) [(4)]  "Corporation" means a corporation authorized
1-48     by a statute applicable to this state or by an equivalent law of
1-49     another state or a foreign country, including a professional public
1-50     accounting corporation organized under The Texas Professional
1-51     Corporation Act (Article 1528e, Vernon's Texas Civil Statutes).
1-52                 (8) [(5)]  "Firm" means a sole proprietorship,
1-53     partnership, corporation, limited liability company, or other
1-54     business entity engaged in the practice of public accountancy.
1-55                 (9)  "Firm license" means a license issued under
1-56     Subchapter H.
1-57                 (10)  "License" means a license issued under Subchapter
1-58     I.
1-59                 (11)  "Peer review" means the study, appraisal, or
1-60     review of the professional accounting work of a public accountancy
1-61     firm that performs attest services by a certificate holder who is
1-62     not affiliated with the firm.
1-63                 (12)  "Professional accounting services" or
1-64     "professional accounting work" means services or work that requires
 2-1     the specialized knowledge or skills associated with certified
 2-2     public accountants, including:
 2-3                       (A)  issuing reports on financial statements;
 2-4                       (B)  providing management or financial advisory
 2-5     or consulting services;
 2-6                       (C)  preparing tax returns; and
 2-7                       (D)  providing advice in tax matters.
 2-8                 (13) [(6)  "Practice unit" means an office of a firm
 2-9     that is required to be registered with the board to practice public
2-10     accountancy.]
2-11                 [(7)]  "Public accountant" means a person authorized to
2-12     practice public accountancy under the Public Accountancy Act of
2-13     1945 (Article 41a, Vernon's Texas Civil Statutes).
2-14                 [(8)  "Sole proprietorship" means an unincorporated
2-15     firm that is owned and controlled by one person engaged in the
2-16     practice of public accountancy.]
2-17           SECTION 2.  Subchapter A, Chapter 901, Occupations Code, is
2-18     amended by adding Section 901.0021 to read as follows:
2-19           Sec. 901.0021.  MEANING AND IMPLICATION OF REPORT.  (a)  In
2-20     this chapter, a reference to a report used with respect to a
2-21     financial statement means an opinion, report, or other document,
2-22     including an assurance prepared in accordance with standards for
2-23     accounting and review services adopted by the American Institute of
2-24     Certified Public Accountants or another national accountancy
2-25     organization recognized by the board, that:
2-26                 (1)  states or implies assurance as to the reliability
2-27     of the financial statement; and
2-28                 (2)  includes or is accompanied by a statement or
2-29     implication that the person issuing the opinion, report, or other
2-30     document has special knowledge or competence in accounting or
2-31     auditing.
2-32           (b)  A statement or implication of assurance as to the
2-33     reliability of a financial statement or as to the special knowledge
2-34     or competence of the person issuing the opinion, report, or other
2-35     document includes any form of language that is conventionally
2-36     understood to constitute such a statement or implication.
2-37           (c)  A statement or implication of special knowledge or
2-38     competence in accounting or auditing may arise from:
2-39                 (1)  the use by the issuer of the opinion, report, or
2-40     other document of a name or title indicating that the person is an
2-41     accountant or auditor; or
2-42                 (2)  the language of the opinion, report, or other
2-43     document itself.
2-44           SECTION 3.  Subsections (a) and (c), Section 901.003,
2-45     Occupations Code, are amended to read as follows:
2-46           (a)  In this chapter, "practice of public accountancy" means:
2-47                 (1)  the performance for a client by a person who is
2-48     certified, licensed, or registered under this chapter of a service
2-49     that involves the use of accounting, attesting, or auditing skills;
2-50                 (2)  the performance or offer of performance for a
2-51     client or potential client by a person who represents to the public
2-52     that the person is certified, licensed, or registered under this
2-53     chapter of a service that involves the use of accounting,
2-54     attesting, or auditing skills;
2-55                 (3)  the performance of activities of a person or
2-56     practice unit licensed under this chapter in:
2-57                       (A)  preparing or reporting on a financial
2-58     statement or report that is to be used by an investor, [unless the
2-59     report is prepared for internal use by] the management of an
2-60     organization, a third party, or a financial institution, unless the
2-61     report is prepared for internal use only; or
2-62                       (B)  preparing a tax return that is filed with a
2-63     taxing authority; or
2-64                 (4)  the supervision of an activity described by
2-65     Subdivision (3).
2-66           (c)  For purposes of this section, a person represents to the
2-67     public that the person is certified, licensed, or registered under
2-68     this chapter if the person makes an oral or written representation
2-69     that the person is certified, licensed, or registered.  A written
 3-1     representation includes a representation communicated by office
 3-2     sign, business card, letterhead, or advertisement.  A
 3-3     representation does not include:
 3-4                 (1)  the display of an original certificate or
 3-5     registration unless a license is also displayed;
 3-6                 (2)  a representation made by a faculty member of an
 3-7     educational institution solely in connection with the duties of the
 3-8     person as a faculty member; or
 3-9                 (3)  a representation in a book, article, or other
3-10     publication, or a representation made in connection with the
3-11     promotion of the publication, unless the representation includes an
3-12     offer to perform a service or to sell a product other than the
3-13     publication.
3-14           SECTION 4.  Subsection (a), Section 901.004, Occupations
3-15     Code, is amended to read as follows:
3-16           (a)  This chapter does not:
3-17                 (1)  restrict an official act of a person acting in the
3-18     person's capacity as:
3-19                       (A)  an officer of the state or of a county,
3-20     municipality, or other political subdivision, including a county
3-21     auditor;
3-22                       (B)  an officer of a federal department or
3-23     agency; or
3-24                       (C)  an assistant, deputy, or employee of a
3-25     person described by Paragraph (A) or (B);
3-26                 (2)  prohibit a person who is not a certified public
3-27     accountant or public accountant from serving as an employee of:
3-28                       (A)  a certified public accountant or public
3-29     accountant licensed by the board; or
3-30                       (B)  a firm composed of certified public
3-31     accountants or public accountants licensed by the board; [or]
3-32                 (3)  prohibit a person licensed by the federal
3-33     government as an enrolled agent from performing an act or using a
3-34     designation authorized by federal law;
3-35                 (4)  prohibit an attorney or firm of attorneys from
3-36     preparing or presenting records or documents customarily prepared
3-37     by an attorney or firm of attorneys in connection with the
3-38     attorney's or firm's professional work in the practice of law; or
3-39                 (5)  prohibit an employee, officer, or director of a
3-40     financial institution, as defined by Section 201.101, Finance Code,
3-41     from preparing or presenting records or documents when lawfully
3-42     acting within the scope of the activities of the institution.
3-43           SECTION 5.  Section 901.005, Occupations Code, is amended to
3-44     read as follows:
3-45           Sec. 901.005.  FINDINGS; PUBLIC POLICY; PURPOSE.  (a)  The
3-46     practice of public accountancy is a learned profession that
3-47     requires specialized education and experience.  That practice has
3-48     historically been defined to include a broad range of financial,
3-49     advisory, and attest services, including:
3-50                 (1)  issuing a report on a financial statement;
3-51                 (2)  preparing a tax return;
3-52                 (3)  providing advice in a tax matter;
3-53                 (4)  providing management or financial advisory or
3-54     consulting services;
3-55                 (5)  recommending the sale of a product if the
3-56     recommendation requires or implies accounting or auditing skill;
3-57     and
3-58                 (6)  providing litigation support services.
3-59           (b)  The attest service is part of the practice of public
3-60     accountancy.  That service provides assurance to the public,
3-61     especially the public markets, that the management of commercial
3-62     entities has reasonably described the financial status of those
3-63     entities.  That assurance contributes to the strength of the
3-64     economy and public markets of this state and to the soundness and
3-65     reliability of the financial system.  The strength of the financial
3-66     system in this state is supported by the competence, integrity, and
3-67     expertise of the persons who attest to financial statements in this
3-68     state.
3-69           (c)  Notwithstanding Subsection (b), the public relies on the
 4-1     competence and integrity of certified public accountants in all of
 4-2     its dealings with certified public accountants and not merely in
 4-3     connection with their performance of the attest service.
 4-4           (d)  The terms "accountant" and "auditor," and derivations,
 4-5     combinations, and abbreviations of those terms, have an implication
 4-6     of competence in the profession of public accountancy on which the
 4-7     public relies in personal, business, and public activities and
 4-8     enterprises.
 4-9           (e) [(b)]  The policy of this state and the purpose of this
4-10     chapter are to provide that:
4-11                 (1)  the admission of persons to the practice of public
4-12     accountancy require education and experience commensurate with the
4-13     requirements of the profession;
4-14                 (2)  a person who represents that the person practices
4-15     public accountancy be qualified to do so;
4-16                 (3)  a person licensed as a certified public
4-17     accountant:
4-18                       (A)  [engaged in the practice of public
4-19     accountancy] maintain high standards of professional competence,
4-20     integrity, and learning; and
4-21                       (B)  demonstrate competence and integrity in all
4-22     dealings with the public that rely on or imply the special skills
4-23     of a certified public accountant and not merely in connection with
4-24     the performance of the attest service;
4-25                 (4)  areas of specialized practice require special
4-26     training; and
4-27                 (5)  the activities and competitive practices of
4-28     persons practicing public accountancy be regulated to be free of
4-29     commercial exploitation to provide the public with a high level of
4-30     professional competence at reasonable fees by independent,
4-31     qualified persons.
4-32           SECTION 6.  Subsection (a), Section 901.051, Occupations
4-33     Code, is amended to read as follows:
4-34           (a)  The Texas State Board of Public Accountancy consists of
4-35     15 members appointed by the governor with the advice and consent of
4-36     the senate as follows:
4-37                 (1)  10 certified public accountant members, at least
4-38     eight of whom are, on the date of appointment:
4-39                       (A)  a sole practitioner; or
4-40                       (B)  an owner or employee of a certified public
4-41     accountancy firm [engaged in public practice]; and
4-42                 (2)  five public members who are not:
4-43                       (A)  licensed under this chapter; or
4-44                       (B)  financially involved in an organization
4-45     subject to board regulation.
4-46           SECTION 7.  Sections 901.158 and 901.159, Occupations Code,
4-47     are amended to read as follows:
4-48           Sec. 901.158.  RULES RESTRICTING [ADVERTISING OR] COMPETITIVE
4-49     PRACTICES [BIDDING].  The board in its rules of professional
4-50     conduct may regulate the [not restrict advertising or] competitive
4-51     practices of [bidding by] a license holder [except] as necessary to
4-52     ensure that the[:]
4-53                 [(1)  the license holder's communications, including
4-54     advertising and price information, are informative, free of
4-55     deception, and consistent with the professionalism expected and
4-56     deserved by the public from a person engaged in the practice of
4-57     public accountancy;]
4-58                 [(2)  the license holder's conduct is free from fraud,
4-59     undue influence, deception, intimidation, overreaching, and
4-60     harassment;]
4-61                 [(3)  the license holder does not engage in an
4-62     uninvited solicitation, by use of a means other than mass media
4-63     advertisement, to perform professional accounting services;]
4-64                 [(4)  a contract between a license holder and a state
4-65     agency, publicly owned utility, or political subdivision, including
4-66     a county, municipality, district, or authority, for the performance
4-67     of professional accounting services is not solicited or awarded on
4-68     the basis of competitive bids submitted in violation of law;]
4-69                 [(5)  a contract for the preparation of a financial
 5-1     statement or an opinion on a financial statement includes
 5-2     information necessary to protect the public if:]
 5-3                       [(A)  the financial statement or opinion can be
 5-4     used by or given to a person other than a party to the contract to
 5-5     induce reliance on the statement or opinion; and]
 5-6                       [(B)  the contract is entered into on the basis
 5-7     of competitive bids; or]
 5-8                 [(6)  a] license holder does not engage in a
 5-9     competitive practice that:
5-10                 (1) [(A)]  impairs the independence or quality of a
5-11     service provided by a license holder;
5-12                 (2) [(B)]  impairs or restricts the public's
5-13     opportunity to obtain professional accounting services of high
5-14     quality at a reasonable price; or
5-15                 (3) [(C)]  unreasonably restricts competition among
5-16     license holders.
5-17           Sec. 901.159.  PEER [QUALITY] REVIEW.  (a)  The board by rule
5-18     shall provide for a peer [quality] review program to review the
5-19     work product of a license holder or of the certified public
5-20     accountancy firm in which the license holder is a member [practice
5-21     unit], in lieu of the [a] license holder, to the extent necessary
5-22     to comply with any applicable standards adopted by generally
5-23     recognized bodies responsible for setting accounting standards.
5-24     Peer review must include a verification that each individual in a
5-25     certified public accountancy firm who is responsible for
5-26     supervising attest services and who signs or authorizes another
5-27     person to sign an accountant's reports on financial statements on
5-28     behalf of the firm meets the competency requirements of the
5-29     professional standards that apply to those services.
5-30           (b)  The board by rule shall establish a fee in an amount not
5-31     to exceed $200 to be paid by a certified public accountancy firm
5-32     [practice unit], or by a license holder who is not a member of a
5-33     certified public accountancy firm [practice unit], for each peer
5-34     [quality] review required by the board under this section.
5-35           SECTION 8.  Subsection (c), Section 901.160, Occupations
5-36     Code, is amended to read as follows:
5-37           (c)  Except on written authorization as provided by
5-38     Subsection (b), the following information gathered or received by
5-39     the board is confidential and not subject to disclosure under
5-40     Chapter 552, Government Code:
5-41                 (1)  information regarding the qualifications of an
5-42     applicant or license holder to be certified [or registered] as a
5-43     certified public accountant; [and]
5-44                 (2)  information regarding the qualifications of an
5-45     applicant or firm license holder to be issued a firm license as a
5-46     certified public accountancy firm; and
5-47                 (3)  information regarding a disciplinary action under
5-48     Subchapter K against a license holder or an applicant to take the
5-49     uniform CPA examination, before a public hearing on the matter.
5-50           SECTION 9.  Subsection (a), Section 901.161, Occupations
5-51     Code, is amended to read as follows:
5-52           (a)  Any statement or record prepared or an opinion formed in
5-53     connection with a positive enforcement[, quality review,] or peer
5-54     review is privileged and is not:
5-55                 (1)  subject to discovery, subpoena, or other means of
5-56     legal compulsion for release to a person other than the board; or
5-57                 (2)  admissible as evidence in a judicial or
5-58     administrative proceeding other than a board hearing.
5-59           SECTION 10.  Section 901.162, Occupations Code, is amended by
5-60     adding Subsection (c) to read as follows:
5-61           (c)  Each board member and each employee, volunteer, or agent
5-62     of the board is immune from personal liability for an action taken
5-63     in good faith in the discharge of the board's responsibilities.
5-64     The state shall hold each board member and each employee,
5-65     volunteer, or agent of the board harmless from any cost, damage, or
5-66     attorney's fees arising from a claim or suit against that person
5-67     with respect to matters to which that immunity applies.
5-68           SECTION 11.  Subsection (a), Section 901.163, Occupations
5-69     Code, is amended to read as follows:
 6-1           (a)  The board shall develop and maintain a system for
 6-2     tracking a complaint filed with the board against a person who
 6-3     holds a license or firm license [registered under this chapter].
 6-4           SECTION 12.  Subchapter D, Chapter 901, Occupations Code, is
 6-5     amended by adding Section 901.165 to read as follows:
 6-6           Sec. 901.165.  RULES FOR ATTEST SERVICES.  (a)  The board by
 6-7     rule shall specify those services that constitute attest services.
 6-8           (b)  Attest services are required to be performed in
 6-9     accordance with professional standards.  The board may adopt by
6-10     reference the standards developed for general application by the
6-11     American Institute of Certified Public Accountants or another
6-12     nationally recognized accountancy organization.
6-13           SECTION 13.  Subsection (c), Section 901.253, Occupations
6-14     Code, is amended to read as follows:
6-15           (c)  The board may obtain criminal history record information
6-16     maintained by a law enforcement agency, including the Department of
6-17     Public Safety and the Federal Bureau of Investigation
6-18     identification division, to investigate the qualifications of an
6-19     individual who applies to take the uniform CPA examination or to be
6-20     certified or issued a firm license [registered] under this chapter.
6-21           SECTION 14.  Section 901.254, Occupations Code, is amended to
6-22     read as follows:
6-23           Sec. 901.254.  EDUCATION REQUIREMENTS.  [(a)]  To be eligible
6-24     to take the uniform CPA examination, an applicant must:
6-25                 (1)  hold a baccalaureate or graduate degree, or its
6-26     equivalent as determined by board rule, conferred by a
6-27     board-recognized institution of higher education; and
6-28                 (2)  complete at least[:]
6-29                       [(A)]  150 semester hours or quarter-hour
6-30     equivalents in board-recognized courses, including an accounting
6-31     concentration or equivalent courses as determined by board rule[;]
6-32                       [(B)  30 semester hours or quarter-hour
6-33     equivalents in board-recognized accounting courses, as defined by
6-34     board rule, including at least 20 semester hours or quarter-hour
6-35     equivalents in core accounting courses, as defined by board rule;
6-36     and]
6-37                       [(C)  20 semester hours or quarter-hour
6-38     equivalents in board-recognized college or university
6-39     accounting-related courses in other areas of business
6-40     administration].
6-41           SECTION 15.  Subsection (a), Section 901.256, Occupations
6-42     Code, is amended to read as follows:
6-43           (a)  To be eligible to receive a certificate, a person must
6-44     complete:
6-45                 (1)  at least two years of work experience under the
6-46     supervision of a certified public accountant; or
6-47                 (2)  at least one year of work experience acceptable to
6-48     the board, including experience providing a service or advice
6-49     involving accounting, attest services, management or financial
6-50     advisory or consulting services, tax services, or other services
6-51     the board considers appropriate for an [under the supervision of a
6-52     certified public] accountant, if the person:
6-53                       (A)  has completed at least 150 semester hours of
6-54     college credits; or
6-55                       (B)  holds a graduate degree.
6-56           SECTION 16.  Subsection (a), Section 901.259, Occupations
6-57     Code, is amended to read as follows:
6-58           (a)  The board shall issue a certificate to a person who
6-59     holds a certificate or license issued by another state if the
6-60     person:
6-61                 (1)  satisfies at least one of the following:
6-62                       (A)  holds a certificate or license as a
6-63     certified public accountant from a state that the National
6-64     Association of State Boards of Accountancy's National Qualification
6-65     Appraisal Service has verified as having education, examination,
6-66     and experience requirements for certification or licensure that are
6-67     comparable to or exceed the requirements for licensure as a
6-68     certified public accountant of The American Institute of Certified
6-69     Public Accountants/National Association of State Boards of
 7-1     Accountancy Uniform Accountancy Act and the board determines that
 7-2     the licensure requirements of that Act are comparable to or exceed
 7-3     the licensure requirements of this chapter;
 7-4                       (B)  obtains from the National Association of
 7-5     State Boards of Accountancy's National Qualification Appraisal
 7-6     Service verification that the individual's education, examination,
 7-7     and experience qualifications are comparable to or exceed the
 7-8     requirements for licensure as a certified public accountant of The
 7-9     American Institute of Certified Public Accountants/National
7-10     Association of State Boards of Accountancy Uniform Accountancy Act
7-11     and the board determines that the licensure requirements of that
7-12     Act are comparable to or exceed the licensure requirements of this
7-13     chapter;
7-14                       (C)  [has passed the uniform CPA examination with
7-15     grades that were passing grades in this state on the date the
7-16     person took the examination;]
7-17                 [(2)  satisfies at least one of the following:]
7-18                       [(A)]  meets the requirements for issuance of a
7-19     certificate in this state other than the requirement providing the
7-20     grades necessary to pass the uniform CPA examination;
7-21                       (D) [(B)]  met the requirements in effect for
7-22     issuance of a certificate in this state on the date the person was
7-23     issued a certificate by the other state; or
7-24                       (E) [(C)]  has completed at least four years of
7-25     experience practicing public accountancy, if the experience:
7-26                             (i)  occurred after the person passed the
7-27     uniform CPA examination and within the 10 years preceding the date
7-28     of application; and
7-29                             (ii)  satisfies requirements established by
7-30     board rule; and
7-31                 (2) [(3)]  has met the continuing professional
7-32     education requirements that apply to a license holder under this
7-33     chapter for the three-year period preceding the date of
7-34     application.
7-35           SECTION 17.  Subchapter F, Chapter 901, Occupations Code, is
7-36     amended by adding Section 901.260 to read as follows:
7-37           Sec. 901.260.  CERTIFICATE BASED ON FOREIGN CREDENTIALS.
7-38     (a)  The board may issue a certificate to an applicant who holds a
7-39     substantially equivalent foreign credential if:
7-40                 (1)  the foreign jurisdiction that granted the
7-41     credential has an analogous provision allowing a person who holds a
7-42     certificate issued by this state to obtain that foreign
7-43     jurisdiction's comparable credential;
7-44                 (2)  the foreign credential:
7-45                       (A)  entitles the holder to issue reports on
7-46     financial statements;
7-47                       (B)  was issued by a foreign jurisdiction that
7-48     regulates the practice of public accountancy on the basis of
7-49     education, examination, and experience requirements established by
7-50     the jurisdiction; and
7-51                       (C)  has not expired or been revoked, suspended,
7-52     limited, or probated; and
7-53                 (3)  the applicant:
7-54                       (A)  received the credential based on education
7-55     and examination requirements that are comparable to or exceed those
7-56     in effect in this state on the date that the foreign credential was
7-57     granted;
7-58                       (B)  satisfied one of the following:
7-59                             (i)  completed an experience requirement in
7-60     the jurisdiction that granted the foreign credential that is
7-61     comparable to or exceeds the experience requirements established
7-62     under this chapter;
7-63                             (ii)  completed at least four years of
7-64     professional accounting experience in this state; or
7-65                             (iii)  within the 10 years preceding the
7-66     date of the application, has met equivalent requirements prescribed
7-67     by board rule;
7-68                       (C)  passed a uniform qualifying examination
7-69     acceptable to the board covering national standards; and
 8-1                       (D)  passed an examination acceptable to the
 8-2     board covering the laws, rules, and code of ethical conduct in
 8-3     effect in this state.
 8-4           (b)  An applicant for a certificate under Subsection
 8-5     (a)  must list in the application each jurisdiction, foreign and
 8-6     domestic, in which the applicant has applied for or holds a
 8-7     credential to practice public accountancy.  Each holder of a
 8-8     certificate issued under Subsection (a)  shall notify the board in
 8-9     writing of the issuance, denial, revocation, suspension,
8-10     limitation, or probation of a credential or the commencement of a
8-11     disciplinary or enforcement action by any jurisdiction not later
8-12     than the 30th day after the effective date of that action.
8-13           (c)  The board's determination of whether a foreign
8-14     credential is substantially equivalent to a certificate issued
8-15     under this chapter is not subject to judicial review.
8-16           SECTION 18.  Section 901.301, Occupations Code, is amended to
8-17     read as follows:
8-18           Sec. 901.301.  ADMINISTRATION; BOARD RULES.  (a)  The board
8-19     shall conduct or contract with another person to conduct [each]
8-20     uniform CPA examinations [examination] administered under this
8-21     chapter.
8-22           (b)  The board by rule may establish the:
8-23                 (1)  manner in which a person may apply for the
8-24     examination;
8-25                 (2)  time, date, and place for the examination;
8-26                 (3)  manner in which the examination is conducted; and
8-27                 (4)  [method used to grade the examination;]
8-28                 [(5)  criteria used to determine a passing score on the
8-29     examination; and]
8-30                 [(6)]  manner in which a person's examination score is
8-31     reported to the person.
8-32           SECTION 19.  Subsection (a), Section 901.304, Occupations
8-33     Code, is amended to read as follows:
8-34           (a)  For each examination or reexamination, the board by rule
8-35     shall apportion an amount of the total examination fee among the
8-36     parts of the examination that an applicant is eligible to take on a
8-37     particular examination date.  For each examination or
8-38     reexamination, the board shall collect a [The total examination]
8-39     fee set by board rule [may] not to exceed the cost of administering
8-40     the examination [$250].
8-41           SECTION 20.  Section 901.305, Occupations Code, is amended to
8-42     read as follows:
8-43           Sec. 901.305.  FREQUENCY OF EXAMINATION.  A [The board shall
8-44     administer a] uniform CPA examination shall be administered under
8-45     this chapter as often as necessary but at least once each year.
8-46           SECTION 21.  Subsection (a), Section 901.306, Occupations
8-47     Code, is amended to read as follows:
8-48           (a)  The board may use or require the use of all or part of
8-49     the uniform CPA examination and any related service available from:
8-50                 (1)  the American Institute of Certified Public
8-51     Accountants; or
8-52                 (2)  the National Association of State Boards of
8-53     Accountancy, if doing so would result in a greater degree of
8-54     reciprocity with the examination results of other states.
8-55           SECTION 22.  Section 901.307, Occupations Code, is amended to
8-56     read as follows:
8-57           Sec. 901.307.  GRADING EXAMINATION [MINIMUM PASSING GRADE].
8-58     (a)  The board by rule shall:
8-59                 (1)  adopt a method for grading the examination; and
8-60                 (2)  establish the criteria for passing [A person must
8-61     attain a grade of at least 75 percent on each subject of the
8-62     examination to pass] the examination.
8-63           (b)  Rules adopted under this section must, to the extent
8-64     possible, be uniform with those of other states.
8-65           SECTION 23.  Subchapter H, Chapter 901, Occupations Code, is
8-66     amended to read as follows:
8-67           SUBCHAPTER H.  FIRM LICENSE [REGISTRATION] REQUIREMENTS
8-68           Sec. 901.351.  FIRM LICENSE REQUIRED.  (a)  A firm may not
8-69     provide attest services or use the title "CPA's," "CPA Firm,"
 9-1     "Certified Public Accountants," "Certified Public Accounting Firm,"
 9-2     or "Auditing Firm" or a variation of one of those titles unless the
 9-3     firm holds a firm license issued under this subchapter.
 9-4           (b)  The board shall grant or renew a firm license to
 9-5     practice as a certified public accountancy firm to:
 9-6                 (1)  a firm that applies and demonstrates the necessary
 9-7     qualifications in accordance with this subchapter; or
 9-8                 (2)  a firm originally licensed as a certified public
 9-9     accountancy firm in another state that:
9-10                       (A)  establishes an office in this state; and
9-11                       (B)  demonstrates the necessary qualifications in
9-12     accordance with this subchapter.
9-13           (c)  A firm license issued under Subsection (b)(2) is
9-14     automatically revoked and may not be renewed if the firm does not
9-15     maintain a license as a certified public accountancy firm in the
9-16     other state.
9-17           (d)  A firm license must be renewed annually.
9-18           (e)  The board by rule shall specify:
9-19                 (1)  the form of the application for a firm license;
9-20                 (2)  the fee for an original or renewal firm license,
9-21     which may be based on the number of owners, members, partners,
9-22     shareholders, or employee license holders in this state, not to
9-23     exceed $25 for each of those persons; and
9-24                 (3)  the requirements for renewal of a firm license.
9-25     [REGISTRATION REQUIRED.  A certified public accountant, a public
9-26     accountant, a firm of certified public accountants or public
9-27     accountants, and each office of that firm in this state, including
9-28     a practice unit, and a person described by Section 901.355 and each
9-29     office of that person in this state may not engage in the practice
9-30     of public accountancy unless the person is registered with the
9-31     board.]
9-32           Sec. 901.352.  APPLICATION FOR FIRM LICENSE OR REGISTRATION.
9-33     (a)  An applicant for a firm license or registration must provide
9-34     the board with satisfactory evidence of eligibility for a firm
9-35     license or registration.
9-36           (b)  The board may examine an application and may refuse to
9-37     issue a firm license or register an applicant who does not meet the
9-38     standards imposed under this chapter.
9-39           Sec. 901.353.  RESIDENT MANAGER.  (a)  An office established
9-40     or maintained in this state [for the practice of public accountancy
9-41     in this state] by a firm of certified public accountants, a firm of
9-42     public accountants, or a person described by Section 901.355 must
9-43     be under the direct supervision of a resident manager who:
9-44                 (1)  is an owner, member, partner, shareholder, or
9-45     employee of the firm or person that occupies the office; and
9-46                 (2)  is licensed under this chapter.
9-47           (b)  A resident manager may serve in that capacity in only
9-48     one office at a time except as authorized by board rule.  The board
9-49     by rule may [shall] establish a registration procedure under which
9-50     a person may serve as resident manager of more than one office at a
9-51     time.
9-52           Sec. 901.354.  FIRM LICENSE [REGISTRATION] INFORMATION AND
9-53     ELIGIBILITY.  (a)  An applicant for initial issuance or renewal of
9-54     a firm license must show that a majority of the ownership of the
9-55     firm, in terms of financial interests and voting rights, belongs to
9-56     persons who hold certificates issued under this chapter or are
9-57     licensed in another state.  A firm and its owners shall comply with
9-58     board rules regardless of whether the firm includes owners who are
9-59     not license holders.
9-60           (b)  A certified public accountancy firm may include
9-61     individuals as owners who are not license holders if:
9-62                 (1)  the firm designates to the board a license holder
9-63     who resides in this state to be responsible for the firm's firm
9-64     license and the supervision of the firm;
9-65                 (2)  each owner who is not a license holder and who is
9-66     a resident of this state as determined by board rule:
9-67                       (A)  is actively involved in the firm or an
9-68     affiliated entity;
9-69                       (B)  is of good moral character as demonstrated
 10-1    by a lack of history of dishonest or felonious acts;
 10-2                      (C)  holds a baccalaureate or graduate degree
 10-3    conferred by a college or university acceptable to the board or
 10-4    equivalent education as determined by the board;
 10-5                      (D)  maintains any professional designation held
 10-6    by the individual in good standing with the appropriate
 10-7    organization or regulatory body that is identified or used in an
 10-8    advertisement, letterhead, business card, or other firm-related
 10-9    communication;
10-10                      (E)  has passed an examination on the rules of
10-11    professional conduct as determined by board rule;
10-12                      (F)  complies with the rules of professional
10-13    conduct as determined by board rule; and
10-14                      (G)  maintains professional continuing education
10-15    applicable to license holders as required by board rule; and
10-16                (3)  the firm and the owners who are not license
10-17    holders comply with board disciplinary actions and other
10-18    requirements the board may impose by rule.
10-19          (c)  The board by rule may adopt a system to investigate the
10-20    background of individual owners who are not license holders under
10-21    this chapter.
10-22          (d)  The board may obtain criminal history record information
10-23    maintained by the Department of Public Safety, the Federal Bureau
10-24    of Investigation identification division, and other law enforcement
10-25    agencies to investigate the qualifications of an individual who is
10-26    not a license holder under this chapter.
10-27          (e)  The board may require an individual who is not a license
10-28    holder under this chapter to submit a complete set of fingerprints.
10-29    If the individual does not provide the complete set of fingerprints
10-30    on request, the board may refuse to allow that individual to become
10-31    an owner of a certified public accountancy firm and may cancel or
10-32    refuse to issue or renew a firm license to the firm.
10-33          (f)  An applicant for issuance or renewal of a firm license
10-34    under this section must register each office of the firm and show
10-35    that all attest services performed in this state and each office in
10-36    this state are under the supervision of a person who holds a
10-37    certificate issued under this chapter or by another state.
10-38          (g)  An application for a firm license [registration] under
10-39    this chapter must be made on an affidavit of the owner, an officer,
10-40    or the general partner of the firm, as applicable, stating:
10-41                (1)  the name of the firm;
10-42                (2)  the firm's post office address in this state;
10-43                (3)  the address of the firm's principal office;
10-44                (4)  [if the firm is a partnership or corporation,] the
10-45    address of each office of the firm in this state;
10-46                (5)  the name of the resident manager of each office of
10-47    the firm in this state; and
10-48                (6)  [if the firm is a partnership,] the name,
10-49    residence, and post office address of:
10-50                      (A)  each partner, member, shareholder, or other
10-51    owner; and
10-52                      (B)  if the firm is a partnership, each
10-53    shareholder of a partner that is a professional corporation.
10-54          (h) [(b)]  A sole proprietorship is eligible for a firm
10-55    license [registration] if the sole proprietor and each resident
10-56    manager of an office of the sole proprietorship in this state are
10-57    certified public accountants in good standing.
10-58          (i) [(c)  A partnership is eligible for registration as a
10-59    partnership that includes a certified public accountant if:]
10-60                [(1)  at least one general partner is a certified
10-61    public accountant or corporation of certified public accountants
10-62    licensed in this state in good standing;]
10-63                [(2)  each partner engaged in the practice of public
10-64    accountancy in this state is a certified public accountant or
10-65    corporation of certified public accountants licensed in this state
10-66    in good standing;]
10-67                [(3)  each partner not engaged in the practice of
10-68    public accountancy in this state is a certified public accountant
10-69    or corporation of certified public accountants licensed in another
 11-1    state in good standing; and]
 11-2                [(4)  each resident manager of an office of the
 11-3    partnership in this state is a certified public accountant licensed
 11-4    in this state in good standing.]
 11-5          [(d)  A partnership is eligible for registration as a
 11-6    partnership that includes a public accountant if:]
 11-7                [(1)  at least one general partner is a certified
 11-8    public accountant, public accountant, or corporation of certified
 11-9    public accountants or public accountants licensed in this state in
11-10    good standing;]
11-11                [(2)  each partner engaged in the practice of public
11-12    accountancy in this state is a certified public accountant, public
11-13    accountant, or corporation of certified public accountants or
11-14    public accountants licensed in this state in good standing;]
11-15                [(3)  each partner not engaged in the practice of
11-16    public accountancy in this state is a certified public accountant,
11-17    public accountant, or corporation of certified public accountants
11-18    or public accountants licensed in another state in good standing;
11-19    and]
11-20                [(4)  each resident manager of an office of the
11-21    partnership in this state is a certified public accountant or
11-22    public accountant licensed in this state in good standing.]
11-23          [(e)  A corporation is eligible for registration as a
11-24    corporation engaged in the practice of public accountancy if the
11-25    corporation meets the requirements applicable to partnerships under
11-26    this chapter.]
11-27          [(f)]  The board shall determine whether an applicant is
11-28    eligible for a firm license [registration] under this section.  The
11-29    board by rule shall define "good standing" for purposes of this
11-30    section.
11-31          (j) [(g)]  A certified public accountancy firm [sole
11-32    proprietorship] shall notify the board not later than the 31st day
11-33    after the date on which information in the affidavit is changed,
11-34    including information regarding the admission or withdrawal of an
11-35    owner or [a] resident manager[.  A partnership shall notify the
11-36    board within one month after the date on which information in the
11-37    affidavit is changed, including information regarding the admission
11-38    or withdrawal of a partner].
11-39          (k)  A certified public accountancy firm that is no longer in
11-40    compliance with this section because of a change in firm ownership
11-41    or personnel that occurs after the firm receives or renews a firm
11-42    license shall report that fact to the board not later than the 30th
11-43    day after the date the firm ceases to be in compliance and shall
11-44    take corrective action to bring the firm into compliance.  Failure
11-45    to bring the firm into compliance within a reasonable time as
11-46    determined by board rule is grounds for the suspension or
11-47    revocation of the firm's firm license.
11-48          Sec. 901.355.  REGISTRATION FOR CERTAIN [OUT-OF-STATE OR]
11-49    FOREIGN APPLICANTS.  (a)  The [A certified public accountant of
11-50    another state or the] holder of a certificate, license, or degree
11-51    authorizing the person to practice public accountancy in a foreign
11-52    country may register with the board as [a certified public
11-53    accountant of the other state or as] the holder of a certificate,
11-54    license, or degree issued by the foreign country, if the board
11-55    determines that the standards under which the applicant was
11-56    certified or otherwise authorized to practice public accountancy
11-57    were at least as high as the standards of this state at the time
11-58    that authority was granted.
11-59          (b)  To register with the board under this section, the
11-60    person must pay:
11-61                (1)  the fee for issuance of a license as provided by
11-62    Section 901.154; and
11-63                (2)  a processing fee in an amount set by the board not
11-64    to exceed $250.
11-65          (c)  A person registered under this section may renew the
11-66    registration in the manner provided for renewal of a license under
11-67    Subchapter I.
11-68          (d)  A person's registration under this section is
11-69    automatically revoked and may not be renewed if the person does not
 12-1    maintain the authority to practice public accountancy in the other
 12-2    [state or] country.  The board shall adopt rules to ensure that the
 12-3    person maintains that authority.
 12-4          Sec. 901.356.  TEMPORARY PRACTICE PERMIT FOR CERTAIN
 12-5    OUT-OF-STATE [OR FOREIGN] APPLICANTS.  A certified public
 12-6    accountancy firm [accountant] of another state that does not hold a
 12-7    firm license issued under this chapter[, a partnership or
 12-8    professional corporation composed entirely of certified public
 12-9    accountants of another state, or the holder of a certificate,
12-10    license, or degree authorizing the person to practice public
12-11    accountancy in a foreign country] may temporarily practice in this
12-12    state on professional business incident to the firm's [person's]
12-13    regular practice outside this state if the firm [person]:
12-14                (1)  submits an application for a permit accompanied by
12-15    a fee in an amount not to exceed $100, as provided by board rule;
12-16    and
12-17                (2)  conducts the temporary practice according to the
12-18    laws of this state and the board's rules of professional conduct.
12-19          SECTION 24.  Section 901.401, Occupations Code, is amended to
12-20    read as follows:
12-21          Sec. 901.401.  LICENSE REQUIRED.  (a)  An individual who
12-22    holds a certificate issued under this chapter must also hold [A
12-23    person may not practice public accountancy unless the person holds]
12-24    a license issued under this chapter.
12-25          (b)  Each office of a certified public accountancy firm or a
12-26    firm of [certified] public accountants [or public accountants] must
12-27    hold a license issued under this chapter [to engage in the practice
12-28    of public accountancy].
12-29          SECTION 25.  Subsection (a), Section 901.402, Occupations
12-30    Code, is amended to read as follows:
12-31          (a)  On payment of the required fees, the board shall issue a
12-32    license to an applicant who:
12-33                (1)  holds a certificate issued under this chapter; or
12-34                (2)  holds a firm license issued [is registered with
12-35    the board] under this chapter.
12-36          SECTION 26.  Section 901.403, Occupations Code, is amended to
12-37    read as follows:
12-38          Sec. 901.403.  APPLICATION FOR AND RENEWAL OF LICENSE
12-39    [RENEWAL REQUIRED].  [(a)]  The board shall specify:
12-40                (1)  the form of the application for a license;
12-41                (2)  the term of a license; and
12-42                (3)  the requirements for [provide for the] renewal of
12-43    a license.  [A person licensed under this chapter must pay to the
12-44    board a biennial license fee.  On payment of the required fee, the
12-45    board shall renew the person's license for a period of two years.]
12-46          [(b)  A license expires on December 31 of the applicable year
12-47    or on another date as set by the board under Subsection (c).  The
12-48    board shall provide that half of the licenses issued by the board
12-49    expire in each even-numbered year and that the other half expire in
12-50    each odd-numbered year.  The board shall prorate the license fee
12-51    for a person whose license term is for less than two years as a
12-52    result of the board's providing for half of the licenses to expire
12-53    in consecutive years.]
12-54          [(c)  The board by rule may adopt a system under which
12-55    licenses expire on a date other than December 31.  For the biennium
12-56    in which the license expiration date is changed, license fees shall
12-57    be prorated on a monthly basis so that each license holder pays
12-58    only that portion of the fee that is allocable to the number of
12-59    months during which the license is valid.  On renewal of the
12-60    license on the new expiration date, the total license renewal fee
12-61    is payable.]
12-62          SECTION 27.  Subsections (a) and (c), Section 901.411,
12-63    Occupations Code, are amended to read as follows:
12-64          (a)  A license holder who is an individual shall participate
12-65    in a program of continuing professional education designed to
12-66    maintain professional competency.  The program must comply with
12-67    rules adopted by the board [complete at least 120 hours of
12-68    continuing professional education in each three-year period, 20
12-69    hours of which must be completed in each one-year period].
 13-1          (c)  The board by rule shall provide for the [biennial]
 13-2    reporting of continuing professional education by a license holder
 13-3    to coincide with the person's license renewal date.
 13-4          SECTION 28.  Subchapter I, Chapter 901, Occupations Code, is
 13-5    amended by adding Section 901.412 to read as follows:
 13-6          Sec. 901.412.  REGISTRATION OF OUT-OF-STATE PRACTITIONER WITH
 13-7    SUBSTANTIALLY EQUIVALENT QUALIFICATIONS.  (a)  An individual who
 13-8    holds a certificate or license as a certified public accountant
 13-9    issued by another state and whose principal place of business is
13-10    not in this state may exercise all the privileges of certificate
13-11    and license holders of this state without obtaining a certificate
13-12    or license under this chapter if:
13-13                (1)  the National Association of State Boards of
13-14    Accountancy's National Qualification Appraisal Service has verified
13-15    that the other state has education, examination, and experience
13-16    requirements for certification or licensure that are comparable to
13-17    or exceed the requirements for licensure as a certified public
13-18    accountant of The American Institute of Certified Public
13-19    Accountants/National Association of State Boards of Accountancy
13-20    Uniform Accountancy Act and the board determines that the licensure
13-21    requirements of that Act are comparable to or exceed the licensure
13-22    requirements of this chapter; or
13-23                (2)  the individual obtains from the National
13-24    Association of State Boards of Accountancy's National Qualification
13-25    Appraisal Service verification that the individual's education,
13-26    examination, and experience qualifications are comparable to or
13-27    exceed the requirements for licensure as a certified public
13-28    accountant of The American Institute of Certified Public
13-29    Accountants/National Association of State Boards of Accountancy
13-30    Uniform Accountancy Act and the board determines that the licensure
13-31    requirements of that Act are comparable to or exceed the licensure
13-32    requirements of this chapter.
13-33          (b)  An individual who meets the requirements of Subsection
13-34    (a)(1) or (2) must register with the board to practice public
13-35    accountancy in this state.  To register with the board, the
13-36    individual must:
13-37                (1)  in the manner prescribed by board rule, notify the
13-38    board of the person's intent to practice; and
13-39                (2)  pay a processing fee in an amount set by the board
13-40    not to exceed $250.
13-41          (c)  An individual who registers under this section:
13-42                (1)  is subject to the personal and subject matter
13-43    jurisdiction and disciplinary authority of the board and the courts
13-44    of this state;
13-45                (2)  must comply with this chapter and the board's
13-46    rules; and
13-47                (3)  is considered to have appointed the regulatory
13-48    agency of the state that issued the individual's certificate or
13-49    license as the individual's agent on whom process may be served in
13-50    any action or proceeding by the board against the individual.
13-51          (d)  An individual's practice privileges under this section
13-52    are automatically revoked if the individual does not maintain the
13-53    authority to practice public accountancy in the other state.
13-54          SECTION 29.  Sections 901.451, 901.452, 901.453, and 901.454,
13-55    Occupations Code, are amended to read as follows:
13-56          Sec. 901.451.  USE OF TITLE OR ABBREVIATION FOR "CERTIFIED
13-57    PUBLIC ACCOUNTANT."  (a)  A person may not assume or use the title
13-58    or designation "certified public accountant," the abbreviation
13-59    "CPA," or any other title, designation, word, letter, abbreviation,
13-60    sign, card, or device tending to indicate that the person is a
13-61    certified public accountant unless the person holds a certificate
13-62    under this chapter[, or a firm composed of certified public
13-63    accountants, unless:]
13-64                [(1)  the person is certified or registered, as
13-65    appropriate, and licensed under this chapter; and]
13-66                [(2)  each of the person's offices in this state for
13-67    the practice of public accounting is maintained and registered as
13-68    required under Subchapter H].
13-69          (b)  A person may not provide attest services or assume or
 14-1    use the title "certified public accountants," the abbreviation
 14-2    "CPAs," or any other title, designation, word, letter,
 14-3    abbreviation, sign, card, or device tending to indicate that the
 14-4    person is a certified public accountancy firm unless:
 14-5                (1)  the person holds a firm license issued under this
 14-6    chapter;
 14-7                (2)  ownership of the person complies with the
 14-8    requirements of this chapter and rules adopted by the board; and
 14-9                (3)  the person complies with board rules authorizing
14-10    the practice.
14-11          (c)  The title or designation "certified public accountant"
14-12    and the abbreviation "CPA" may not be used in connection with an
14-13    office that is required to be under the supervision of a resident
14-14    manager under Section 901.353 unless the resident manager holds a
14-15    certificate and a license issued under this chapter.
14-16          Sec. 901.452.  USE OF TITLE OR ABBREVIATION FOR "PUBLIC
14-17    ACCOUNTANT."  A person may not assume or use the title or
14-18    designation "public accountant" or any other title, designation,
14-19    word, letter, abbreviation, sign, card, or device tending to
14-20    indicate that the person is a public accountant, or a firm composed
14-21    of public accountants, unless:
14-22                (1)  the person is certified [or registered, as
14-23    appropriate,] and licensed under this chapter; and
14-24                (2)  each of the person's offices in this state for the
14-25    practice of public accounting is maintained and practices under a
14-26    firm license [registered] as required under Subchapter H.
14-27          Sec. 901.453.  USE OF OTHER TITLES OR ABBREVIATIONS.
14-28    (a)  Except as provided by Subsection (b), a person may not assume
14-29    or use:
14-30                (1)  a title or designation likely to be confused with
14-31    "certified public accountant" or "public accountant," including
14-32    "certified accountant," "chartered accountant," "enrolled
14-33    accountant," [or] "licensed accountant," "registered accountant,"
14-34    or "accredited accountant"; or
14-35                (2)  an abbreviation likely to be confused with "CPA,"
14-36    including "CA," "PA," "EA," "RA," "LA," or "AA." [or "LA."]
14-37          (b)  A person may hold the person out to the public as an
14-38    "accountant," "auditor," or any combination of those terms if:
14-39                (1)  the person holds a license issued under this
14-40    chapter; and
14-41                (2)  each of the person's offices in this state for the
14-42    practice of public accounting is maintained and practices under a
14-43    firm license [registered] as required under Subchapter H.
14-44          Sec. 901.454.  TITLE USED BY CERTAIN OUT-OF-STATE OR FOREIGN
14-45    ACCOUNTANTS.  (a)  A person who is an accountant of another state
14-46    [or foreign country] may use the title under which the accountant
14-47    is generally known in the state [or country] from which the
14-48    accountant received a certificate, license, or degree, followed by
14-49    the name of that state [or country], if:
14-50                (1)  the person [is registered and] holds a license
14-51    issued under this chapter; and
14-52                (2)  each of the person's offices in this state for the
14-53    practice of public accountancy is maintained and practices under a
14-54    firm license [registered] as required under Subchapter H.
14-55          (b)  A person who holds a certification, degree, license, or
14-56    other credential granted in a foreign jurisdiction that entitles
14-57    the person to engage in the practice of public accountancy or its
14-58    equivalent in that jurisdiction may use in this state any title or
14-59    designation under which the person practices in the foreign
14-60    jurisdiction, followed by a translation of the title or designation
14-61    into English if it is in a different language and by the name of
14-62    that jurisdiction, if:
14-63                (1)  the person's activities in this state are limited
14-64    to the provision of professional accounting services to persons who
14-65    are residents, governments, or business entities of that foreign
14-66    jurisdiction; and
14-67                (2)  the person does not perform attest services or
14-68    issue reports on the financial statements of any other person in
14-69    this state.
 15-1          (c)  A person registered under Section 901.355 shall
 15-2    [represent to the public that the person is a certified public
 15-3    accountant of the state that issued the certificate or] use the
 15-4    title held in the country from which the person received a
 15-5    certificate, license, or degree, and shall indicate the name of the
 15-6    [state or] country.
 15-7          SECTION 30.  Subsection (c), Section 901.455, Occupations
 15-8    Code, is amended to read as follows:
 15-9          (c)  A corporation that is [registered and] licensed under
15-10    this chapter may practice public accountancy under a corporate name
15-11    indicating that it is engaged in that practice.
15-12          SECTION 31.  Sections 901.456 and 901.457, Occupations Code,
15-13    are amended to read as follows:
15-14          Sec. 901.456.  REPORTS ON FINANCIAL STATEMENTS; USE OF NAME
15-15    OR SIGNATURE ON CERTAIN DOCUMENTS.  (a)  Only a license holder may
15-16    issue a report on a financial statement of another person or
15-17    otherwise perform or offer to perform an attest service.
15-18          (b)  A person who is not a license holder:
15-19                (1)  may not use language in any statement related to
15-20    the financial affairs of a person that is conventionally used by
15-21    license holders in reports on financial statements;
15-22                (2)  may prepare financial statements; and
15-23                (3)  may issue nonattest transmittals or information
15-24    regarding nonattest transmittals if the transmittals or information
15-25    do not purport to be in compliance with standards for accounting
15-26    and review services adopted by the American Institute of Certified
15-27    Public Accountants or another national accountancy organization
15-28    recognized by the board.
15-29          (c)  The following safe harbor language may be used by a
15-30    person who is not a license holder without violating Subsection
15-31    (b):  "(I/We) have prepared the accompanying balance sheet of
15-32    (client's name) as of (date) and the related statements of income,
15-33    retained earnings, and cash flow changes in financial position for
15-34    the (period then ended).  These financial statements, which are the
15-35    representation of management and which are presented to be used for
15-36    federal income tax purposes, (are/are not) in agreement with the
15-37    company's financial records.  Management has elected to omit
15-38    substantially all informative disclosures with respect to these
15-39    financial statements.  If the omitted disclosures were included in
15-40    the above financial statements, they might influence the user's
15-41    conclusion concerning the company's financial position, results of
15-42    operations, and/or changes in financial position.  (I/We) do not
15-43    express any form of assurance with respect to these financial
15-44    statements."
15-45          (d)  Unless a person is in compliance with this chapter, the
15-46    person may not sign on or affix to an accounting or financial
15-47    statement, or an opinion on, report on, or certificate to an
15-48    accounting or financial statement, the person's name or a trade or
15-49    assumed name used by the person in the person's profession or
15-50    business with any wording indicating that the person:
15-51                (1)  is an accountant or auditor; or
15-52                (2)  has expert knowledge in accounting or auditing.
15-53          (e) [(b)]  This section does not prohibit:
15-54                (1)  a partner, officer, employee, or principal of an
15-55    organization from signing a statement or report regarding the
15-56    financial affairs of the organization with wording that designates
15-57    the position, office, or title held by the person in the
15-58    organization; [or]
15-59                (2)  any act of a public official or public employee in
15-60    the performance of the person's duties as a public official or
15-61    public employee; or
15-62                (3)  the performance by a person who is not a license
15-63    holder of a service that is not an attest service and that involves
15-64    the use of bookkeeping skills, including:
15-65                      (A)  the preparation of tax returns;
15-66                      (B)  management advisory services; or
15-67                      (C)  the preparation of financial statements
15-68    without the issuance of reports.
15-69          (f)  A license holder who performs attest services must
 16-1    provide those services in accordance with standards adopted by the
 16-2    American Institute of Certified Public Accountants or another
 16-3    national accountancy organization recognized by the board.
 16-4          Sec. 901.457.  ACCOUNTANT-CLIENT PRIVILEGE.  (a)  A license
 16-5    holder or a partner, member, officer, shareholder, or employee of a
 16-6    license holder may not voluntarily disclose information
 16-7    communicated to the license holder or a partner, member,
 16-8    shareholder, or employee of the license holder by a client in
 16-9    connection with services provided to the client by the license
16-10    holder or a partner, member, shareholder, or employee of the
16-11    license holder [in the practice of public accountancy], except with
16-12    the permission of the client or the client's representative.
16-13          (b)  This section does not prohibit a license holder from
16-14    disclosing information that is required to be disclosed:
16-15                (1)  by the professional standards for reporting on the
16-16    examination of a financial statement;
16-17                (2)  under [in] a summons under the provisions of the
16-18    Internal Revenue Code of 1986 and its subsequent amendments, the
16-19    Securities Act of 1933 (15 U.S.C. Section 77a et seq.) and its
16-20    subsequent amendments, or the Securities Exchange Act of 1934 (15
16-21    U.S.C. Section 78a et seq.) and its subsequent amendments or under
16-22    a court order if the summons or order:
16-23                      (A)  is addressed to the license holder;
16-24                      (B)  mentions the client by name; and
16-25                      (C)  requests specific information concerning the
16-26    client [court proceeding];
16-27                (3)  in an investigation or proceeding conducted by the
16-28    board;
16-29                (4)  in an ethical investigation conducted by a
16-30    professional organization of certified public accountants; or
16-31                (5)  in the course of a peer [quality] review under
16-32    Section 901.159.
16-33          SECTION 32.  Subsections (a) and (b), Section 901.458,
16-34    Occupations Code, are amended to read as follows:
16-35          (a)  In this section, "direct labor cost" means:
16-36                (1)  the total compensation paid to a person who
16-37    performs services; and
16-38                (2)  the employer payroll expenses related to that
16-39    compensation, including workers' compensation insurance premiums,
16-40    social security contributions, costs of participating in retirement
16-41    plans, group insurance costs, and unemployment taxes.
16-42          (b)  A person creates a presumption of loss of independence
16-43    if the person:
16-44                (1)  holds a certificate or firm license issued under
16-45    this chapter [or is registered under this chapter]; and
16-46                (2)  performs or offers to perform an attest [a]
16-47    service [involving auditing skills] for compensation that is less
16-48    than the direct labor cost reasonably expected to be incurred in
16-49    performing the service.
16-50          SECTION 33.  Subchapter J, Chapter 901, Occupations Code, is
16-51    amended by adding Section 901.460 to read as follows:
16-52          Sec. 901.460.  PERFORMING ATTEST SERVICES.  (a)  A
16-53    certificate holder may perform attest services only in a certified
16-54    public accountancy firm.
16-55          (b)  A license holder who is an individual and who is
16-56    responsible for supervising attest services or signs or authorizes
16-57    another person to sign an accountant's reports on financial
16-58    statements on behalf of a certified public accountancy firm must
16-59    meet the competency requirements of the professional standards that
16-60    apply to those services.
16-61          SECTION 34.  Sections 901.501, 901.502, and 901.504,
16-62    Occupations Code, are amended to read as follows:
16-63          Sec. 901.501.  DISCIPLINARY POWERS OF BOARD.  (a)  On a
16-64    determination that a ground for discipline exists under Section
16-65    901.502, after notice and hearing as provided by Section 901.509,
16-66    the board may:
16-67                (1)  revoke a certificate, firm license, or practice
16-68    privilege [or registration] issued under this chapter;
16-69                (2)  suspend under any terms a certificate, firm
 17-1    license, practice privilege [registration], or license issued under
 17-2    this chapter for a period not to exceed five years;
 17-3                (3)  refuse to renew a license;
 17-4                (4)  place a license holder on probation;
 17-5                (5)  reprimand a license holder;
 17-6                (6)  limit the scope of a license holder's practice;
 17-7                (7)  require a license holder to complete a peer review
 17-8    program conducted in the manner prescribed by the board;
 17-9                (8)  require a license holder to complete a continuing
17-10    education program specified by the board;
17-11                (9)  impose on a license holder the direct
17-12    administrative costs incurred by the board in taking action under
17-13    Subdivisions (1) through (8) [(6)]; or
17-14                (10) [(8)]  impose an administrative penalty under
17-15    Subchapter L.
17-16          (b)  If a person's [an individual's] license suspension is
17-17    probated, the board may require the person [individual] to:
17-18                (1)  report regularly to the board on matters that are
17-19    the basis of the probation;
17-20                (2)  limit practice to the areas prescribed by the
17-21    board; or
17-22                (3)  continue or renew professional education until the
17-23    license holder attains a degree of skill satisfactory to the board
17-24    in those areas that are the basis of the probation.
17-25          Sec. 901.502.  GROUNDS FOR DISCIPLINARY ACTION.  The board
17-26    may discipline a person under Section 901.501 for:
17-27                (1)  fraud or deceit in obtaining a certificate, firm
17-28    license [registration], or license under this chapter;
17-29                (2)  fraud, dishonesty, or gross negligence in the
17-30    performance of services as a license holder [practice of public
17-31    accountancy], including:
17-32                      (A)  knowingly participating in the preparation
17-33    of a false or misleading financial statement or tax return; or
17-34                      (B)  failing to file the license holder's own
17-35    income tax return;
17-36                (3)  the failure of a person who is certified or
17-37    required to hold a firm license [registered] under this chapter to
17-38    obtain a license not later than the third anniversary of the date
17-39    on which the person was certified or required to obtain a firm
17-40    license [registered];
17-41                (4)  the failure of a person who is licensed under this
17-42    chapter to renew the license not later than the third anniversary
17-43    of the date on which the person most recently obtained or renewed
17-44    the license;
17-45                (5)  a violation of Subchapter J, other than Section
17-46    901.457 or 901.459;
17-47                (6)  a violation of a rule of professional conduct
17-48    adopted by the board;
17-49                (7)  a revocation or suspension of the certificate or
17-50    firm license [registration] or a revocation, suspension, or refusal
17-51    to renew the license of the person's partner, member, or
17-52    shareholder;
17-53                (8)  a revocation, cancellation, placement on
17-54    probation, limitation on the scope of practice, or suspension by
17-55    another state, or a refusal of renewal by another state, of the
17-56    authority issued by that state to the person, or to the person's
17-57    partner, member, or shareholder, to engage in the practice of
17-58    public accountancy for a reason other than the failure to pay the
17-59    appropriate authorization [registration] fee;
17-60                (9)  a revocation or suspension of, or a voluntary
17-61    consent decree concerning, the right of the person, or of the
17-62    person's partner, member, or shareholder, to practice before a
17-63    state or federal agency for a reason the board determines warrants
17-64    its action;
17-65                (10)  a final conviction of or the imposition of
17-66    deferred adjudication for an offense under the laws of any state or
17-67    the United States that:
17-68                      (A)  is a felony; or
17-69                      (B)  includes fraud or dishonesty as an element
 18-1    of the offense; [or]
 18-2                (11)  conduct indicating lack of fitness to serve the
 18-3    public as a professional accountant; or
 18-4                (12)  a violation by a license holder or an owner of a
 18-5    certified public accountancy firm who is not a license holder of:
 18-6                      (A)  this chapter;
 18-7                      (B)  professional standards adopted by the board;
 18-8    or
 18-9                      (C)  a rule or order adopted by the board.
18-10          Sec. 901.504.  LICENSE REVOCATION BASED ON VIOLATION OF
18-11    CHAPTER.  After notice and hearing as provided by Section 901.509,
18-12    the board:
18-13                (1)  may revoke a license that was issued or renewed in
18-14    violation of this chapter or a rule adopted under this chapter; and
18-15                (2)  shall revoke the firm [registration and] license
18-16    of a sole proprietorship, partnership, [or] corporation, limited
18-17    liability company, or other business entity that does not meet each
18-18    qualification for a firm license [registration] prescribed by this
18-19    chapter.
18-20          SECTION 35.  Subsections (a) and (d), Section 901.505,
18-21    Occupations Code, are amended to read as follows:
18-22          (a)  On conviction of a person of an offense under the laws
18-23    of any state or the United States that is a felony or that includes
18-24    fraud or dishonesty as an element of the offense, after notice and
18-25    hearing as provided by Section 901.509, the board may:
18-26                (1)  suspend a certificate or firm license
18-27    [registration] issued under this chapter; or
18-28                (2)  suspend or refuse to renew a license issued under
18-29    this chapter.
18-30          (d)  If the conviction is reversed, set aside, or modified so
18-31    that the underlying offense is not a felony or an offense that
18-32    includes fraud or dishonesty as an element of the offense, the
18-33    board shall reinstate the certificate, firm license [registration],
18-34    or license suspended under this section.  A reinstatement under
18-35    this subsection does not limit the board's right to take other
18-36    disciplinary action authorized by this subchapter.
18-37          SECTION 36.  Sections 901.506 and 901.507, Occupations Code,
18-38    are amended to read as follows:
18-39          Sec. 901.506.  VOLUNTARY SURRENDER OF CERTIFICATE OR FIRM
18-40    LICENSE [REGISTRATION].  (a)  Subject to board approval, a person
18-41    [an individual] who holds a certificate or firm license
18-42    [registration] issued under this chapter may resign and surrender
18-43    the certificate or firm license [registration] to the board at any
18-44    time and for any reason.
18-45          (b)  A person [An individual] who resigns and surrenders a
18-46    certificate or firm license [registration] may not apply for
18-47    reinstatement of the certificate or firm license [registration].
18-48    The person [individual] may be issued a new certificate or firm
18-49    license [registration] on completion of all requirements for the
18-50    issuance of an original certificate or firm license [registration].
18-51    The board may not issue a certificate to an individual who
18-52    previously resigned a certificate unless:
18-53                (1)  after the date of resignation, the individual
18-54    completes the examination requirement for a new certificate; or
18-55                (2)  on application, the board waives the examination
18-56    requirement.
18-57          (c)  A person [An individual] who applies for a new
18-58    certificate or firm license [registration] must, if applicable,
18-59    disclose in the application the fact that the person [individual]
18-60    previously resigned and surrendered a certificate or firm license
18-61    [registration] during the course of a disciplinary investigation or
18-62    proceeding conducted by the board.  The board shall consider that
18-63    fact in determining whether to issue a new certificate or firm
18-64    license [registration] to the person [individual].
18-65          Sec. 901.507.  REINSTATEMENT.  On receipt of a written
18-66    application, and after notice and hearing, the board may:
18-67                (1)  issue a new certificate to an individual whose
18-68    certificate was revoked;
18-69                (2)  issue a new firm license to [reregister] a person
 19-1    whose firm license [registration] was revoked;
 19-2                (3)  reinstate a suspended license or modify the terms
 19-3    of the suspension;
 19-4                (4)  approve a previously denied application to take
 19-5    the uniform CPA examination; or
 19-6                (5)  reinstate an individual's previously voided
 19-7    uniform CPA examination grades.
 19-8          SECTION 37.  Subchapter K, Chapter 901, Occupations Code, is
 19-9    amended by adding Section 901.511 to read as follows:
19-10          Sec. 901.511.  DISCIPLINARY ACTION FOR ACT COMMITTED IN
19-11    ANOTHER STATE.  (a)  A license holder of this state who offers to
19-12    perform or performs professional accounting services or who uses
19-13    the license holder's title as a certified public accountant in
19-14    another state or jurisdiction is subject to disciplinary action in
19-15    this state for an act committed in the other state or jurisdiction
19-16    for which the license holder would be subject to discipline as a
19-17    license holder of the other state or jurisdiction.
19-18          (b)  The board shall investigate any complaint made by the
19-19    regulatory agency of another state or jurisdiction concerning a
19-20    license holder of this state.
19-21          SECTION 38.  Subsection (b), Section 901.601, Occupations
19-22    Code, is amended to read as follows:
19-23          (b)  An action under Subsection (a)(1) must be brought in
19-24    district court in:
19-25                (1)  Travis County, if the person is licensed under
19-26    this chapter or is not a resident of this state; or
19-27                (2)  the county in which the person resides, if the
19-28    person is a resident of this state but is not licensed under this
19-29    chapter.
19-30          SECTION 39.  Subsection (c), Section 901.602, Occupations
19-31    Code, is amended to read as follows:
19-32          (c)  A complaint filed under this section must be filed in a
19-33    district court in:
19-34                (1)  Travis County, if the complaint is filed against a
19-35    person who is [registered or] licensed under this chapter or is not
19-36    a resident of this state; or
19-37                (2)  the county in which the person resides, if the
19-38    complaint is filed against a person who is a resident of this state
19-39    but is not [registered or] licensed under this chapter.
19-40          SECTION 40.  Subchapter M, Chapter 901, Occupations Code, is
19-41    amended by adding Sections 901.603, 901.604, and 901.605 to read as
19-42    follows:
19-43          Sec. 901.603.  INTERVENTION IN ACTION.  Subject to approval
19-44    by the board, a license holder or a professional organization of
19-45    certified public accountants may intervene in an action by the
19-46    board or may bring an action in the name of the license holder or
19-47    professional organization to enforce any provision of this chapter
19-48    against a person who does not hold a license or firm license.
19-49          Sec. 901.604.  SINGLE ACT AS EVIDENCE OF PRACTICE.  In an
19-50    action brought under this chapter, evidence of a single act
19-51    prohibited by this chapter is sufficient to justify a penalty,
19-52    injunction, restraining order, or conviction without evidence of a
19-53    general course of conduct.
19-54          Sec. 901.605.  APPOINTMENT OF SECRETARY OF STATE AS AGENT.  A
19-55    person who is not a resident of this state and who applies for a
19-56    certificate or firm license is considered to have appointed the
19-57    secretary of state as the applicant's agent for service of process
19-58    in any action or proceeding against the applicant arising out of
19-59    any transaction connected with or incidental to professional
19-60    accounting services performed by the applicant while the applicant
19-61    holds a certificate or firm license.
19-62          SECTION 41.  (a)  This Act takes effect September 1, 2001.
19-63          (b)  A person who is registered under Subchapter H, Chapter
19-64    901, Occupations Code, on the effective date of this Act is
19-65    considered to hold a firm license under that subchapter as amended
19-66    by this Act and is not required to obtain a firm license under that
19-67    subchapter until the date the registration expires.
19-68          (c)  The Texas State Board of Public Accountancy shall adopt
19-69    rules under Subsection (a), Section 901.304, and Section 901.307,
 20-1    Occupations Code, as amended by this Act, not later than January 1,
 20-2    2002.
 20-3          (d)  Subsection (a), Section 901.304, and Section 901.307,
 20-4    Occupations Code, as amended by this Act, apply only to an
 20-5    examination given on or after the date the Texas State Board of
 20-6    Public Accountancy adopts rules under those sections as required by
 20-7    this Act.  An examination given before the date the board adopts
 20-8    rules under those sections is governed by the law in effect when
 20-9    the examination was given, and the former law is continued in
20-10    effect for that purpose.
20-11          (e)  The change in law made by this Act applies only to an
20-12    offense committed on or after the effective date of this Act.  For
20-13    purposes of this subsection, an offense is committed before the
20-14    effective date of this Act if any element of the offense occurs
20-15    before that date.
20-16          (f)  An offense committed before the effective date of this
20-17    Act is governed by the law in effect when the offense was
20-18    committed, and the former law is continued in effect for that
20-19    purpose.
20-20                                 * * * * *