78S30294 SMH-F

By:  Eissler                                                      H.B. No. 61 



A BILL TO BE ENTITLED

AN ACT

relating to certain disciplinary powers of the Texas State Board of 
Public Accountancy.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 901.501, Occupations Code, as amended by 
Chapter 525, Acts of the 78th Legislature, Regular Session, 2003, 
is amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  On a determination that a ground for discipline exists 
under Section 901.502, after notice and hearing as provided by 
Section 901.509, the board may:
		(1)  revoke a certificate, firm license, or practice 
privilege issued under this chapter;
		(2)  suspend [under any terms] a certificate, firm 
license, practice privilege, or license issued under this chapter 
for a period not to exceed five years;
		(3)  refuse to renew a license;                                               
		(4)  place a license holder on probation;                                     
		(5)  reprimand a license holder;                                              
		(6)  limit the scope of a license holder's practice;                          
		(7)  require a license holder to complete a peer review 
program conducted in the manner prescribed by the board;
		(8)  require a license holder to complete a continuing 
education program specified by the board;
		(9)  impose on a license holder the direct 
administrative costs incurred by the board in taking action under 
Subdivisions (1) through (8);
		(10)  require a license holder to pay restitution as 
provided by Section 901.6015;
		(11)  impose an administrative penalty under 
Subchapter L; or               
		(12)  impose any combination of the sanctions provided 
by this subsection.  
	(c)  On a determination, after notice and hearing as required 
by this subchapter, that a license holder whose license suspension 
has been probated has violated the terms of the probation order, the 
board may rescind the probation and enforce the board's original 
action suspending the person's license.
	SECTION 2.  The change in law made by Section 901.501(c), 
Occupations Code, as added by this Act, applies only to an action by 
the Texas State Board of Public Accountancy to rescind the 
probation of a license suspension that is initiated on or after the 
effective date of this Act.  An action by the board to rescind the 
probation of a license suspension that was initiated before the 
effective date of this Act is governed by the law in effect on the 
date the action was initiated, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect on the 91st day after the 
last day of the legislative session.