78R4886 SMH-D

By:  Martinez Fischer                                             H.B. No. 857



A BILL TO BE ENTITLED

AN ACT

relating to the criminal penalty for violating the law regulating 
the practice of public accountancy.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 901.602(b), Occupations Code, is amended 
to read as follows:
	(b)  An offense under this section is:                                  
		(1)  a state jail felony if it is shown on the trial of 
the offense that the violation resulted in a monetary loss of less 
than $10,000 or did not result in a monetary loss;
		(2)  a felony of the third degree if it is shown on the 
trial of the offense that the violation resulted in a monetary loss 
of at least $10,000 but less than $100,000; or
		(3)  a felony of the second degree if it is shown on the 
trial of the offense that the violation resulted in a monetary loss 
of at least $100,000 [a Class B misdemeanor].
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after the effective date of this Act.  For 
purposes of this section, an offense is committed before the 
effective date of this Act if any element of the offense occurs 
before that date.
	(c)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.