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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of public accountancy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 901.457(b), Occupations Code, is amended |
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to read as follows: |
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(b) This section does not prohibit a license holder from |
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disclosing information that is required to be disclosed: |
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(1) by the professional standards for reporting on the |
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examination of a financial statement; |
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(2) by applicable laws or government rules, including |
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[under a summons under] the provisions of the Internal Revenue Code |
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of 1986 and its subsequent amendments, the Securities Act of 1933 |
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(15 U.S.C. Section 77a et seq.) and its subsequent amendments, and |
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[or] the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et |
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seq.) and its subsequent amendments; |
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(3) [or] under a court order signed by a judge if the |
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[summons or] order: |
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(A) is addressed to the license holder; |
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(B) mentions the client by name; and |
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(C) requests specific information concerning the |
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client; |
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(4) [(3)] in an investigation or proceeding conducted |
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by the board; |
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(5) [(4)] in an ethical investigation conducted by a |
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professional organization of certified public accountants; or |
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(6) [(5)] in the course of a peer review under Section |
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901.159 or in accordance with the requirements of the Public |
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Company Accounting Oversight Board or its successor. |
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SECTION 2. Section 901.601, Occupations Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) If it appears to the board that a person is engaging in |
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an act or practice that constitutes the practice of public |
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accountancy without a license under this chapter, the board, after |
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notice [and an opportunity for a hearing], may issue a cease and |
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desist order prohibiting the person from engaging in that activity. |
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(a-1) A person who is issued a cease and desist order under |
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this section may request a hearing before the State Office of |
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Administrative Hearings. The hearing must be held not later than |
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the 10th day after the date the board receives the request for a |
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hearing. |
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(b) A violation of an order under this section constitutes |
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grounds for the board to seek injunctive relief and to impose |
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[imposition of] an administrative penalty under Subchapter L. |
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Notwithstanding Section 901.552, the amount of an administrative |
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penalty for a violation of an order under this section may not |
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exceed $25,000. |
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SECTION 3. The following sections of the Occupations Code |
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are repealed: |
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(1) Section 901.154(c); and |
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(2) Sections 901.308(d) and (e). |
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SECTION 4. The changes in law made by this Act to Section |
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901.308, Occupations Code, apply only to an examination |
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administered on or after the effective date of this Act. An |
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examination administered before that date is governed by the law in |
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effect at the time the examination was administered, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |