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78R892 JMM-D
By: Nelson S.B. No. 274
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas State Board
of Public Accountancy; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 901.006, Occupations Code, is amended to
read as follows:
Sec. 901.006. APPLICATION OF SUNSET ACT. The Texas State
Board of Public Accountancy is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2015 [2003].
SECTION 2. Section 901.053, Occupations Code, is amended to
read as follows:
Sec. 901.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a [nonprofit,]
cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments, if:
(1) the person is acting in the capacity of an [An]
officer, board or committee member, employee, or paid consultant of
a Texas trade association in the field of public accountancy; or
(2) the person's [may not be a member of the board and
may not be an employee of the board who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group A17, of the position classification salary schedule.
[(c) A person who is the] spouse is acting in the capacity of
an officer, board or committee member, manager, or paid consultant
of a Texas trade association in the field of public accountancy [may
not be an employee of the board who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group A17, of the position classification salary schedule].
(c) [(d)] A person may not be [serve as] a member of the
board or act as the general counsel to the board if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
[(e) A member or employee of the board may not be related
within the second degree by consanguinity or affinity, as
determined under Chapter 573, Government Code, to a person who is an
officer, employee, or paid consultant of a trade association of
persons governed by this chapter.]
SECTION 3. Sections 901.056(a) and (c), Occupations Code,
are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office [the
appointment] the qualifications required by Section 901.051;
(2) does not maintain during service on the board the
qualifications required by Section 901.051 [or 901.052];
(3) is ineligible for membership under [violates a
prohibition established by] Section 901.052 or 901.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings [of the board and a committee of the board]
that the member is eligible to attend during a calendar year without
an excuse approved [unless the absence is excused] by a majority
vote of the board.
(c) If the executive director has knowledge that a potential
ground for removal [of a board member] exists, the executive
director shall notify the presiding officer [executive committee]
of the board of the potential ground. The presiding officer shall
then notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the presiding officer, the executive director shall notify
the next highest ranking officer of the board, who shall then notify
the governor and the attorney general that a potential ground for
removal exists.
SECTION 4. Subchapter B, Chapter 901, Occupations Code, is
amended by adding Section 901.059 to read as follows:
Sec. 901.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 5. Section 901.102, Occupations Code, is amended to
read as follows:
Sec. 901.102. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate [define]
the policy-making [respective] responsibilities of the board and
the management responsibilities of the executive director and the
staff of the board.
SECTION 6. Section 901.105, Occupations Code, is amended to
read as follows:
Sec. 901.105. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
(a) The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program [to ensure implementation] of [an] equal
employment opportunity to ensure that [program under which] all
personnel decisions [transactions] are made without regard to race,
color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, [appointment,] training,
and promotion of personnel, that show the intent of the board to
avoid the unlawful employment practices described by Chapter 21,
Labor Code; and
(2) an [a comprehensive] analysis of the extent to
which the composition of the board's personnel is in accordance
with [board workforce that meets] federal and state law and a
description of reasonable methods to achieve compliance with
federal and state law [guidelines;
[(3) procedures by which a determination can be made
of significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
[(4) reasonable methods to appropriately address
those areas of underuse].
(c) The [(b) A] policy statement [prepared under Subsection
(a)] must:
(1) [cover an annual period;
[(2)] be updated [at least] annually;
(2) [and (3)] be reviewed by the Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office [governor.
[(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection (b).
The report may be made separately or as a part of other biennial
reports made to the legislature].
SECTION 7. Subchapter C, Chapter 901, Occupations Code, is
amended by adding Section 901.106 to read as follows:
Sec. 901.106. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under Subchapter B, Chapter 2108, Government
Code.
SECTION 8. Subchapter D, Chapter 901, Occupations Code, is
amended by adding Section 901.1525 to read as follows:
Sec. 901.1525. APPOINTMENT OF BOARD COMMITTEES. (a) The
board may appoint policy-making and working committees to assist
the board in performing its responsibilities under this chapter.
The board's policy-making committees shall assist the board in
establishing policies, drafting rules, setting budgets,
representing the board, and performing other oversight duties
necessary to administer this chapter. The board's working
committees shall assist the board in carrying out the board's
functions, including reviewing enforcement cases and other
licensing matters. In establishing committees, the board shall
maintain the distinction between the types of committees authorized
by this section.
(b) A person may not serve on a policy-making committee
unless the person is a board member. A working committee may
consist of members who are members of the board and members who are
not board members. A member of a working committee who is not a
board member may participate as a full voting member of the
committee.
(c) A person may not be a non-board member of a committee if:
(1) the person is acting in the capacity of an officer,
board or committee member, employee, or paid consultant of a Texas
trade association in the field of public accountancy;
(2) the person's spouse is acting in the capacity of an
officer, board or committee member, manager, or paid consultant of
a Texas trade association in the field of public accountancy; or
(3) the person is required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the board.
(d) For purposes of Subsection (c), "Texas trade
association" has the meaning assigned by Section 901.053.
(e) A committee member who is not a member of the board is
subject to the same financial disclosure requirements that apply to
a member of the board.
(f) A committee member who is not a member of the board may
not serve on the committee if the member:
(1) violates Subsection (c);
(2) cannot, because of illness or disability,
discharge the member's duties for a substantial time;
(3) is absent from more than half of the regularly
scheduled meetings of the committee that the member is eligible to
attend during a calendar year unless the absence is excused by a
majority vote of the committee; or
(4) does not comply with Subsection (e).
(g) The board shall adopt rules that provide that a
committee member shall refrain from participating in the discussion
of and may not vote on an issue before a committee in which the
member has a personal or financial interest. A committee member who
is not permitted to vote on a matter described by this susbection
shall state at the time of the vote the reason why the member is not
voting on the matter.
SECTION 9. Section 901.153, Occupations Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) The board may appoint enforcement committees [from its
membership]. An enforcement committee operates as a board working
committee. The membership of each enforcement committee must
include at least one public member of the board.
(d) In appointing the members of an enforcement committee,
the board must determine whether a prospective committee member who
is a license holder under this chapter has been the subject of any
disciplinary action under this chapter. A license holder who has
been found in violation of this chapter may not serve on an
enforcement committee.
(e) A board member who serves on an enforcement committee
that participates in the investigation of a specific complaint may
not participate in any subsequent disciplinary proceeding of the
board that pertains to the complaint and may not vote on the final
disposition of the case. The board shall adopt rules necessary to
implement the requirements of this subsection.
SECTION 10. Subchapter D, Chapter 901, Occupations Code, is
amended by adding Section 901.1565 to read as follows:
Sec. 901.1565. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. (a) The board shall adopt rules necessary to comply
with Chapter 53.
(b) In its rules under this section, the board shall list
the specific misdemeanor offenses for which a conviction would
constitute grounds for the board to take action under Section
53.021. With regard to a misdemeanor conviction in another state,
the board shall develop a process for determining whether the
conviction is for an offense listed in the rules required by this
subsection.
SECTION 11. Section 901.160, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The board may disclose information that is confidential
under this section to another governmental, regulatory, or law
enforcement agency engaged in an enforcement action. The board by
rule shall adopt guidelines to assist the board in exercising its
authority to share information under this subsection. Subsections
(a) and (c) do not apply to information disclosed under this
subsection.
SECTION 12. Subchapter D, Chapter 901, Occupations Code, is
amended by adding Section 901.166 to read as follows:
Sec. 901.166. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH,
AND RECEIVE EVIDENCE. (a) The board may issue a subpoena to compel
the attendance of a relevant witness or the production, for
inspection and copying, of relevant documents, records, and other
evidence, maintained by electronic or other means, that is in this
state.
(b) The board may administer oaths and take testimony and
other evidence regarding any matter under the board's jurisdiction.
(c) If a person fails to comply with a subpoena, the board,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or in a county in
which a hearing conducted by the board may be held.
(d) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
(e) The board shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the amount
the board may charge for copies of its own records.
(f) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
SECTION 13. Subchapter D, Chapter 901, Occupations Code, is
amended by adding Section 901.167 to read as follows:
Sec. 901.167. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training necessary for
implementation of the negotiated rulemaking or alternative dispute
resolution procedures; and
(3) collect data on the effectiveness of the
procedures implemented by the board.
SECTION 14. Subchapter D, Chapter 901, Occupations Code, is
amended by adding Section 901.168 to read as follows:
Sec. 901.168. TECHNOLOGY POLICY. The board shall develop
and implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its functions.
The technological solutions must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
SECTION 15. Section 901.203, Occupations Code, is amended
to read as follows:
Sec. 901.203. COMPLAINT INFORMATION. (a) The board shall
maintain a [an information] file on [about] each written complaint
filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution [board for a period not to exceed the
10th anniversary of the date of the complaint's final disposition].
(c) The board, at least quarterly until final disposition of
the [(b) If a written] complaint, shall notify [is filed with] the
[board relating to a] person filing [regulated under this chapter,
the board shall notify the parties to] the complaint and each person
who is a subject of the complaint of [each change in] the status of
the investigation [complaint, including the final disposition,]
unless the notice would jeopardize an undercover investigation.
SECTION 16. Section 901.304(a), Occupations Code, as
amended by Chapters 381 and 1497, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
(a) For each examination or reexamination, the board by rule
shall apportion an amount of the total examination fee among the
parts of the examination that an applicant is eligible to take on a
particular examination date. For each examination or
reexamination, the board shall set [collect] a fee [set] by board
rule not to exceed the cost of administering the examination.
Notwithstanding Section 2113.203, Government Code, the board may
delegate the collection of an examination fee to the person who
conducts the examination.
SECTION 17. Section 901.403, Occupations Code, is amended
to read as follows:
Sec. 901.403. APPLICATION FOR AND RENEWAL OF LICENSE. (a)
The board shall specify:
(1) the form of the application for a license;
(2) the term of a license; and
(3) the requirements for renewal of a license.
(b) The board by rule may adopt a system under which
licenses expire on various dates during the year. For the year in
which the license expiration date is changed, the board shall
prorate license fees on a monthly basis so that each license holder
pays only that portion of the license fee that is allocable to the
number of months during which the license is valid. On renewal of
the license on the new expiration date, the total license renewal
fee is payable.
SECTION 18. Section 901.404(a), Occupations Code, is
amended to read as follows:
(a) Not later than the 30th [31st] day before the expiration
date of a person's license, the board shall send written notice of
the impending license expiration to the person at the person's last
known address according to the board's records.
SECTION 19. Section 901.405, Occupations Code, is amended
to read as follows:
Sec. 901.405. PROCEDURE FOR RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the board before the
expiration date of the license. A person whose license has expired
may not engage in activities that require a license until the
license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a [the required]
renewal fee [and a late fee] that is equal to 1–1/2 times [half of]
the normally required renewal [amount of the initial examination]
fee [for the license].
(c) A person whose [If a person's] license has been expired
for more than 90 days but less than one year[, the person] may renew
the license by paying to the board a [all unpaid] renewal [fees and
a late] fee that is equal to two times the normally required renewal
[the amount of the initial examination] fee [for the license].
(d) A person whose license has been expired for one year or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license.
(e) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. The person must pay
to the board a fee that is equal to two times the normally required
renewal fee for the license.
SECTION 20. Section 901.501(a), Occupations Code, is
amended 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); [or]
(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.
SECTION 21. Section 901.503(c), Occupations Code, is
amended to read as follows:
(c) The board shall provide for the refund of the
examination fee paid [submitted] by a person whose application for
examination is denied under this section.
SECTION 22. Subchapter K, Chapter 901, Occupations Code, is
amended by adding Section 901.5045 to read as follows:
Sec. 901.5045. EMERGENCY SUSPENSION. (a) On determining
that a license holder is engaged in or about to engage in an act of
fraud or a violation of this chapter and that the license holder's
continued practice constitutes an immediate threat to the public
welfare, the board may issue an order suspending the license
holder's license without notice or a hearing. The board shall
immediately serve notice of the suspension on the license holder.
(b) The notice required by Subsection (a) must:
(1) be personally served on the license holder or be
sent by registered or certified mail, return receipt requested, to
the license holder's last known address according the board's
records;
(2) state the grounds for the suspension; and
(3) inform the license holder of the right to a hearing
on the suspension order.
(c) A license holder whose license is suspended under this
section is entitled to request a hearing on the suspension not later
than the 30th day after the date of receipt of notice of the
suspension. Not later than the 10th day after the date a hearing is
requested, the board shall issue a notice of hearing as provided by
Section 901.509.
(d) The hearing shall be held on a date as soon as
practicable after the date of the request for a hearing. A hearing
on a suspension order under this section is subject to Chapter 2001,
Government Code. If the hearing is before a hearings officer, after
the hearing, the hearings officer shall recommend to the board
whether to uphold, vacate, or modify the suspension order.
(e) A suspension order issued under this section remains in
effect until further action is taken by the board.
SECTION 23. Section 901.552, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The amount of an administrative penalty may not exceed
$100,000 [$1,000] for each violation.
(c) The board by rule shall adopt a schedule for purposes of
this subchapter that prescribes ranges in the amounts of
administrative penalties to be imposed for specified types of
conduct and circumstances.
SECTION 24. Section 901.601, Occupations Code, is amended
to read as follows:
Sec. 901.601. CEASE AND DESIST ORDER [INJUNCTION]. (a) If
it appears to the board that a person is [The board may bring an
action to enjoin a person from:
[(1) using a title, designation, or abbreviation in
violation of Subchapter J; or
[(2)] engaging in an act or practice that constitutes
the practice of public accountancy without a license[, unless the
person is licensed] under this chapter, the board, after notice and
an opportunity for a hearing, may issue a cease and desist order
prohibiting the person from engaging in that activity.
(b) A violation of an order under this section constitutes
grounds for imposition of an administrative penalty under
Subchapter L. Notwithstanding Section 901.552, the amount of an
administrative penalty for a violation of an order under this
section may not exceed $25,000. [An action under Subsection (a)(1)
must be brought in district court in:
[(1) Travis County, if the person is licensed under
this chapter or is not a resident of this state; or
[(2) the county in which the person resides, if the
person is a resident of this state but is not licensed under this
chapter.]
(c) The board by rule shall adopt a schedule for purposes of
this section that prescribes ranges in the amounts of
administrative penalties to be imposed for specified types of
conduct and circumstances that violate an order under this section.
[An action under Subsection (a)(2) must be brought in district
court in a county in which the person resides or has an office. The
board is not required to post a bond as a condition to the issuance
of the injunction.]
SECTION 25. Subchapter M, Chapter 901, Occupations Code, is
amended by adding Section 901.6015 to read as follows:
Sec. 901.6015. RESTITUTION. (a) The board may order a
license holder to pay restitution under Section 901.501(a)(10) to a
person harmed by the license holder's:
(1) violation of this chapter; and
(2) failure to fulfill the terms of a contract with the
person.
(b) The amount of restitution ordered under this section may
not exceed the actual amount paid by the person to the license
holder under the contract.
SECTION 26. Sections 901.602(a) and (b), Occupations Code,
are amended to read as follows:
(a) A person commits an offense if the person knowingly
violates this chapter. Each violation is a separate offense.
(b) An offense under this section is a felony punishable by
imprisonment in the institutional division for:
(1) a term of not more than 10 years or less than two
years 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 term of not more than 20 years or less than two
years 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; and
(3) a term of not more than 99 years or less than five
years if it is shown on the trial of the offense that the violation
resulted in a monetary loss of at least $100,000 [Class B
misdemeanor].
SECTION 27. Subchapter M, Chapter 901, Occupations Code, is
amended by adding Section 901.606 to read as follows:
Sec. 901.606. IMMUNITY FROM LIABILITY. (a) A person acting
in good faith who voluntarily reports or assists in the
investigation of a report of an alleged violation of this chapter or
who testifies or otherwise participates in an administrative or
judicial proceeding arising from a report or investigation of an
alleged violation of this chapter is immune from civil or criminal
liability that might otherwise be incurred or imposed.
(b) A person who reports the person's own violation of this
chapter or who acts in bad faith or with malicious purpose in
reporting an alleged violation of this chapter is not immune from
civil or criminal liability.
SECTION 28. Section 901.304(b), Occupations Code, is
repealed.
SECTION 29. The Texas State Board of Public Accountancy
shall report to the governor, the lieutenant governor, and the
speaker of the house of representatives, not later than December
31, 2005, regarding:
(1) the requirements of the federal Sarbanes-Oxley Act
(Pub. L. No. 107-204), including any restrictions on public
interest entities, and any legislation or other action needed to
conform state law to the requirements of that Act;
(2) the federal General Accounting Office study on
audit firm rotation and any legislation or other action needed to
conform state law to the findings of that study; and
(3) the rules adopted by the board that are intended to
comply with the federal standards described by Subdivisions (1) and
(2) of this section and the board's actions in implementing and
enforcing those rules.
SECTION 30. This Act takes effect September 1, 2003.
SECTION 31. (a) The Texas State Board of Public
Accountancy shall adopt rules as required by this Act not later than
March 1, 2004.
(b) The changes in law made by this Act by Section 901.053,
Occupations Code, as amended by this Act, and Section 901.059,
Occupations Code, as added by this Act, in the prohibitions on or
qualifications of members of the Texas State Board of Public
Accountancy do not affect the entitlement of a member serving on the
board immediately before September 1, 2003, to continue to serve
and function as a member of the board for the remainder of the
member's term. Those changes in law apply only to a member
appointed on or after September 1, 2003.
(c) The change in law made by this Act with respect to
conduct that is grounds for imposition of a disciplinary sanction,
including an administrative penalty, restitution, or a cease and
desist order, applies to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
(d) The change in law made by this Act by the addition of
Section 901.606, Occupations Code, applies only to the immunity or
liability of a person who voluntarily reports or assists in the
investigation of a report of an alleged violation of Chapter 901,
Occupations Code, or who testifies or otherwise participates in an
administrative or judicial proceeding arising from a report or
investigation of an alleged violation of that chapter on or after
the effective date of this Act. The immunity or liability of a
person who makes a report, assists in an investigation, testifies,
or otherwise participates in a proceeding before the effective date
of this Act is governed by the law in effect at the time those
activities occurred, and the former law is continued in effect for
that purpose.
SECTION 32. (a) The change in law made by this Act to
Section 901.602, Occupations Code, 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.
(b) 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.