INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
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ARTICLE 1. JUDICIAL BRANCH
CERTIFICATION COMMISSION
|
ARTICLE 1. Same as introduced
version.
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SECTION 1.01. Title 2,
Government Code, is amended by adding Subtitle K to read as follows:
SUBTITLE K. COURT
PROFESSIONS REGULATION
CHAPTER 151. GENERAL
PROVISIONS
Sec. 151.001.
DEFINITIONS.
CHAPTER 152. JUDICIAL
BRANCH CERTIFICATION COMMISSION
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 152.001. SUNSET
PROVISION.
SUBCHAPTER B. COMMISSION
Sec. 152.051.
ESTABLISHMENT OF COMMISSION.
Sec. 152.052. APPOINTMENT
OF COMMISSION. (a) The commission consists of nine members appointed by
the supreme court as follows:
(1) five judges; and
(2) four public members.
(b) Appointments to the
commission shall be made without regard to the race, color, disability,
sex, religion, age, or national origin of the appointee.
(c) A member appointed to
the commission must be knowledgeable about the professions certified by the
commission.
Sec. 152.053. CONFLICT PROVISIONS.
Sec. 152.054. TRAINING.
(a) A person who is appointed to and qualifies for office as a member of
the commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission 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 subtitle;
(2) the role and
functions of the commission;
(3) the current budget
for the commission;
(4) the results of the
most recent formal audit of the commission; and
(5) any applicable ethics
policies adopted by the commission or supreme court.
(c) A person appointed to
the commission 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.
Sec. 152.055. TERMS;
VACANCY; REMOVAL. (a) Members of the commission serve staggered six-year
terms. The terms of three members expire on February 1 of each
odd-numbered year.
(b) If a vacancy occurs
during a member's term, the supreme court shall appoint a replacement to fill the unexpired term.
(c) The supreme court may
remove a member of the commission for inefficiency or neglect of duty in
office.
Sec. 152.056. PRESIDING
OFFICER.
Sec. 152.057.
COMPENSATION; REIMBURSEMENT. (a) A commission member may not receive
compensation for service on the commission.
(b) A commission member
is entitled to reimbursement for actual and necessary expenses incurred in
performing functions as a commission member, subject to any applicable
limitation on reimbursement provided by the General Appropriations Act.
Sec. 152.058. MEETINGS.
Sec. 152.059. PUBLIC
TESTIMONY.
SUBCHAPTER C.
ADMINISTRATION
Sec. 152.101. RULES. The
supreme court may adopt rules consistent with this subtitle, including
rules governing the certification, registration, licensing, and conduct of
persons regulated under this subtitle.
Sec. 152.102. RULES
REGARDING ADVERTISING OR COMPETITIVE BIDDING.
Sec. 152.103.
ADMINISTRATIVE ATTACHMENT.
Sec. 152.104. DIRECTOR.
Sec. 152.105. DIVISION OF
RESPONSIBILITIES.
Sec. 152.106. USE OF
TECHNOLOGY.
Sec. 152.107. INFORMATION
ON STANDARDS OF CONDUCT. The director or the director's designee shall
provide to members of the commission and to office employees, as often as
necessary, information regarding the requirements for service or employment
under this chapter, including
information regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Sec. 152.108. PUBLIC
INTEREST INFORMATION. (a) The commission shall prepare information of
public interest describing the functions of the commission under this chapter and the procedure by which
complaints are filed and resolved under this chapter.
(b) The commission shall
make the information available to the public and appropriate state
agencies.
Sec. 152.109. COMPLAINTS.
Sec. 152.110. RECORDS OF
COMPLAINTS.
Sec. 152.111. COMPLAINT
DISMISSAL.
Sec. 152.112. ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES.
SUBCHAPTER D. POWERS AND
DUTIES
Sec. 152.151. GENERAL
POWERS AND DUTIES. (a) The commission shall:
(1) administer and
enforce this subtitle;
(2) develop and recommend
rules to the supreme court;
(3) develop and recommend
to the supreme court a code of ethics for each profession regulated under
this subtitle;
(4) set fees in amounts
reasonable and necessary to cover the costs of administering the programs
or activities administered by the commission, including examinations and
issuance and renewal of certifications, registrations, and licenses; and
(5) in consultation with
appropriate advisory boards, establish qualifications for certification,
registration, and licensing under this subtitle.
(b) The commission may:
(1) require applicants
for certification, registration, or licensing under this subtitle to pass
an examination that is developed and administered by the commission or with
a person the commission contracts with to develop and administer the
examination and charge fees for the examination;
(2) require regulated
persons to obtain continuing education; and
(3) appoint necessary
committees.
Sec. 152.152. ADVISORY
BOARDS. (a) The commission may establish advisory boards to advise the
commission on policy and persons regulated under this subtitle.
(b) An advisory board appointed under this section shall meet at
least once each year and on the call of the presiding officer.
(c) An advisory board
member serves without compensation but is entitled to reimbursement for
actual and necessary expenses incurred in performing functions as an
advisory board member, subject to any applicable limitation on
reimbursement provided by the General Appropriations Act.
SUBCHAPTER E.
CERTIFICATION, REGISTRATION, AND LICENSING REQUIREMENTS
Sec. 152.201.
EXAMINATIONS.
Sec. 152.202.
ENDORSEMENT; RECIPROCITY. (a) The commission may waive any prerequisite
to obtaining a certification, registration, or license for an applicant
after reviewing the applicant's credentials and determining that the
applicant holds a certification, registration, or license issued by another
jurisdiction that has certification, registration, or licensing
requirements substantially equivalent to those of this state.
(b) The commission may
waive any prerequisite to obtaining a certification, registration, or
license for an applicant who holds a certification, registration, or
license issued by another jurisdiction with which this state has a
reciprocity agreement. The commission may make an agreement, subject to
the approval of the governor, with
another state to allow for certification, registration, or licensing by
reciprocity.
Sec. 152.203. RULES ON
INELIGIBILITY.
Sec. 152.204. CONTINUING
EDUCATION. (a) The supreme court may authorize and the commission by rule
may require continuing professional education for persons regulated under
this subtitle.
(b) The rules for
continuing professional education adopted by the commission may include
standards relating to:
(1) annual reporting by regulated persons or by
providers of continuing professional education;
(2) continuing
professional education course content; and
(3) the minimum number of
hours of continuing professional education required annually.
(c) The commission by
rule may exempt certain persons, including retired persons and persons with
disabilities, from all or a portion of the continuing education
requirements.
Sec. 152.205. CODE OF
ETHICS.
CHAPTER 153. COMMISSION
ENFORCEMENT
SUBCHAPTER A. GENERAL
ENFORCEMENT PROVISIONS
Sec. 153.001.
INVESTIGATIONS.
Sec. 153.002. SUBPOENAS.
(a) The commission may issue a subpoena as provided by this section.
(b) The commission may
request and, if necessary, compel by subpoena:
(1) the production for
inspection and copying of records, documents, and other evidence relevant
to the investigation of an alleged violation of this subtitle, a law
establishing a regulatory program administered by the commission, a rule
adopted by the supreme court under
this subtitle, or an order issued by the commission or director; and
(2) the attendance of a
witness for examination under oath.
(c) A subpoena under this
section may be issued throughout this state and may be served by any person
designated by the commission or the director.
(d) The commission,
acting through the attorney general, may bring an action to enforce a
subpoena issued under this section against a person who fails to comply
with the subpoena.
(e) Venue for an action
brought under this section is in a district court in:
(1) Travis County; or
(2) any county in which
the commission may hold a hearing.
(f) The court shall order
compliance with the subpoena if the court finds that good cause exists to
issue the subpoena.
Sec. 153.003. CEASE AND
DESIST ORDER. The director may issue a cease and desist order if the
director determines that the action is necessary to prevent a violation of:
(1) this subtitle;
(2) a law establishing a
regulatory program administered by the commission; or
(3) a rule adopted by the supreme court under this subtitle or
order issued by the commission or the director.
Sec. 153.004. DENIAL,
REVOCATION, SUSPENSION, OR REFUSAL TO RENEW; REPRIMAND; PROBATION. (a) The
commission may deny, revoke, suspend, or refuse to renew a certification,
registration, or license or may reprimand a regulated person for a
violation of this subtitle, a law establishing a regulatory program
administered by the commission, a rule adopted by the supreme court under this subtitle, or an order issued
by the commission or director.
(b) The commission may
place on probation a person whose certification, registration, or license
is suspended. If a certification, registration, or license suspension is
probated, the commission may require the person to:
(1) report regularly to
the commission on matters that are the basis of the probation;
(2) limit practice to the
areas prescribed by the commission; or
(3) continue or renew professional education until the
person attains a degree of skill satisfactory to the commission in those
areas that are the basis for the probation.
Sec. 153.005. INJUNCTION.
SUBCHAPTER B.
ADMINISTRATIVE PENALTY
Sec. 153.051. IMPOSITION
OF PENALTY.
Sec. 153.052. AMOUNT OF
PENALTY.
Sec. 153.053. REPORT AND
NOTICE OF VIOLATION AND PENALTY.
(a) If the commission initially determines that a
violation occurred, the commission shall give written notice of the report by certified mail to the person.
(b) The commission may appoint committees
of advisory board members to review complaints, initially determine whether
a violation occurred, and give written notice of the report by certified mail to the person.
(c) The notice required
under Subsections (a) and (b) must:
(1) include a brief
summary of the alleged violation;
(2) state the amount of
the recommended penalty; and
(3) inform the person of
the person's right to a hearing on the occurrence of the violation, the
amount of the penalty, or both.
Sec. 153.054. PENALTY TO
BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the
date the person receives the notice sent under Section 153.053, the person
in writing may:
(1) accept the
determination and recommended penalty of the commission; or
(2) make a request for a
hearing on the occurrence of the violation, the amount of the penalty, or both.
(b) If the person accepts
the determination and recommended penalty or if the person fails to respond
to the notice, the commission by order shall approve the determination and
impose the recommended penalty.
Sec. 153.055. NOTICE;
HEARING. (a) If the person requests a hearing, the commission shall give
to the person written notice of the hearing that includes the time, place,
legal authority, and jurisdiction under which the hearing is held and the
laws and rules related to the violation.
(b) The person may
appear, present evidence, and respond to questions from the commission at
the hearing.
(c) The commission shall
make findings of fact and conclusions of law and promptly issue a proposal for a decision about the
occurrence of the violation and the amount of a proposed penalty.
(d) On approval of the
supreme court, the commission may adopt rules governing the hearing,
including rules on appearance by telephone.
(e) The presiding officer
of the commission may hold prehearing conferences.
(f) The notice of the
commission's order under Subsection (a) that
is sent to the person in accordance with Chapter 2001 must include a
statement of the right of the person to
judicial review of the order.
Sec. 153.056. DECISION BY COMMISSION. Based on the findings of
fact, conclusions of law, and proposal for a decision, the commission by
order may:
(1) find that a violation occurred and impose a penalty; or
(2) find that a violation did not occur.
Sec. 153.057. OPTIONS
FOLLOWING DECISION: PAY OR APPEAL. Not later than the 30th day after the
date the order of the commission imposing an administrative penalty under
Section 153.056 becomes final, the person shall:
(1) pay the penalty; or
(2) file a petition for judicial review of the
commission's order contesting the occurrence of the violation, the amount
of the penalty, or both.
Sec. 153.058. COLLECTION
OF PENALTY.
Sec. 153.059. APPEAL OF
DECISION. (a) The supreme court shall adopt rules governing appeals under
this subchapter.
(b) The rules must
require the appeal to be made to a special committee consisting of three
regional presiding judges. If the alleged violation involves a certified
guardian, the committee must consist of two regional presiding judges and
the presiding judge of the statutory probate courts.
(c) An appeal must be
filed not later than the 30th day after the date the commission's order is
issued.
(d) The special committee
shall consider the appeal under an abuse of discretion standard of review
for all issues except issues involving questions of law. The standard of
review for issues involving questions of law is de novo.
(e) If the special
committee sustains the finding that a violation occurred, the special
committee may uphold or reduce the amount of the penalty and order the
person to pay the full or reduced amount of the penalty.
(f) If the special
committee does not sustain the finding that a violation occurred, the
special committee shall order that a penalty is not owed.
Sec. 153.060. REMITTANCE
OF PENALTY AND INTEREST.
Sec. 153.061. RELEASE OF BOND. (a) If the person gave a
supersedeas bond and the penalty is not upheld by the special committee,
the special committee shall order the release of the bond.
(b) If the person gave a supersedeas bond and the amount of the
penalty is reduced, the special committee shall order the release of the
bond after the person pays the reduced amount.
CHAPTER 154. COURT
REPORTERS CERTIFICATION AND SHORTHAND REPORTING FIRMS REGISTRATION
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 154.001.
DEFINITIONS.
Sec. 154.002. RULES. The
supreme court may adopt rules consistent with this chapter, including rules governing:
(1) the certification and
conduct of official and deputy court reporters and shorthand reporters;
and
(2) the registration and
conduct of court reporting and shorthand reporting firms.
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SECTION 1.01. Title 2,
Government Code, is amended by adding Subtitle K to read as follows:
SUBTITLE K. COURT
PROFESSIONS REGULATION
CHAPTER 151. GENERAL
PROVISIONS
Sec. 151.001.
DEFINITIONS.
CHAPTER 152. JUDICIAL
BRANCH CERTIFICATION COMMISSION
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 152.001. SUNSET
PROVISION.
SUBCHAPTER B. COMMISSION
Sec. 152.051.
ESTABLISHMENT OF COMMISSION.
Sec. 152.052. APPOINTMENT
OF COMMISSION. (a) The commission consists of nine members appointed by
the supreme court as follows:
(1) five judges, at least three of whom must be active judges who
preside over a court that employs an official court reporter; and
(2) four public members.
(b) Subject to Subsection (d), public members of the commission are
appointed as follows:
(1) one member selected by the supreme court from a list of nominees
submitted by the Court Reporters Certification Advisory Board established
under Section 154.051 to represent that advisory board;
(2) one member selected by the supreme court from a list of nominees
submitted by the Guardianship Certification Advisory Board established
under Section 155.051 to represent that advisory board;
(3) one member selected by the supreme court from a list of nominees
submitted by the Process Server Certification Advisory Board established
under Section 156.051 to represent that advisory board; and
(4) one member selected by the supreme court from a list of nominees
submitted by the licensed court interpreter advisory board established
under Section 157.051 to represent that advisory board.
(c) In making an appointment under Subsection (b), the supreme court
may reject one or more of the nominees included on a list submitted by an
advisory board and request a new list of nominees that does not include any
nominees in the previous list.
(d) The supreme court may appoint to the commission a public member
selected by the supreme court if:
(1) an advisory board fails to provide the list of nominees in the
time required by the supreme court; or
(2) a selected nominee does not otherwise meet the qualifications
required by this chapter.
(e) Appointments to the
commission shall be made without regard to the race, color, disability,
sex, religion, age, or national origin of the appointee.
(f) A member appointed to
the commission must be knowledgeable about the professions certified by the
commission.
Sec. 152.053. CONFLICT
PROVISIONS.
Sec. 152.054. TRAINING.
(a) A person who is appointed to and qualifies for office as a member of
the commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission 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 subtitle and the rules of the commission, with an emphasis
on the rules that relate to the commission's disciplinary and investigatory
authority;
(2) rules of ethics, codes of conduct, and other rules adopted by
the supreme court that are applicable to each profession regulated or
subject to oversight by the commission;
(3) the role and
functions of the commission;
(4) the current budget
for the commission;
(5) the results of the
most recent formal audit of the commission; and
(6) any ethics policies applicable
to the commission and adopted by the commission or supreme court.
(c) A person appointed to
the commission 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.
Sec. 152.055. TERMS;
VACANCY; REMOVAL. (a) Members of the commission serve staggered six-year
terms. The terms of three members expire on February 1 of each
odd-numbered year.
(b) If a vacancy occurs
during a member's term, the supreme court shall appoint a similarly qualified person to fill the
unexpired term.
(c) The supreme court may
remove a member of the commission for inefficiency or neglect of duty in
office.
Sec. 152.056. PRESIDING
OFFICER.
Sec. 152.057.
COMPENSATION; REIMBURSEMENT. (a) A commission member may not receive
compensation for service on the commission.
(b) A commission member
is entitled to reimbursement for travel
expenses and other actual and necessary expenses incurred in
performing functions as a commission member, subject to any applicable
limitation on reimbursement provided by the General Appropriations Act.
Sec. 152.058. MEETINGS.
Sec. 152.059. PUBLIC
TESTIMONY.
SUBCHAPTER C.
ADMINISTRATION
Sec. 152.101. RULES. The
supreme court may adopt rules consistent with this subtitle, including
rules governing the certification, registration, licensing, and conduct of
persons regulated under this subtitle. The
supreme court may authorize the commission to adopt rules as the supreme
court considers appropriate or as otherwise specified under this subtitle.
Sec. 152.102. RULES
REGARDING ADVERTISING OR COMPETITIVE BIDDING.
Sec. 152.103.
ADMINISTRATIVE ATTACHMENT.
Sec. 152.104. DIRECTOR.
Sec. 152.105. DIVISION OF
RESPONSIBILITIES.
Sec. 152.106. USE OF
TECHNOLOGY.
Sec. 152.107. INFORMATION
ON STANDARDS OF CONDUCT. The director or the director's designee shall
provide to members of the commission and to office employees, as often as
necessary, information regarding the requirements for service or employment
under this subtitle, including
information regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Sec. 152.108. PUBLIC
INTEREST INFORMATION. (a) The commission shall prepare information of
public interest describing the functions of the commission under this subtitle and the procedure by which
complaints are filed and resolved under this subtitle.
(b) The commission shall
make the information available to the public and appropriate state
agencies.
Sec. 152.109. COMPLAINTS.
Sec. 152.110. RECORDS OF
COMPLAINTS.
Sec. 152.111. COMPLAINT
DISMISSAL.
Sec. 152.112. ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES.
SUBCHAPTER D. POWERS AND
DUTIES
Sec. 152.151. GENERAL
POWERS AND DUTIES. (a) The commission shall:
(1) administer and
enforce this subtitle;
(2) in consultation with appropriate advisory boards,
develop and recommend rules to the supreme court;
(3) in consultation with appropriate advisory boards,
develop and recommend to the supreme court a code of ethics for each
profession regulated under this subtitle;
(4) set fees in amounts
reasonable and necessary to cover the costs of administering the programs
or activities administered by the commission, including examinations and
issuance and renewal of certifications, registrations, and licenses; and
(5) in consultation with
appropriate advisory boards, establish qualifications for certification,
registration, and licensing under this subtitle.
(b) The commission may:
(1) require applicants
for certification, registration, or licensing under this subtitle to pass
an examination that is developed and administered by the commission, or by the commission in conjunction with a
person with whom the commission contracts to develop and administer the
examination, and charge fees for the examination;
(2) require regulated
persons to obtain continuing education; and
(3) appoint necessary
committees.
Sec. 152.152. ADVISORY
BOARDS. (a) In addition to the advisory
boards specifically established under this subtitle, the commission
may establish other advisory boards to
advise the commission on policy and persons regulated under this subtitle.
(b) An advisory board established under this subtitle, including under
this section, shall meet at least once each year and at the call of
the presiding officer.
(c) An advisory board established under this subtitle, including
under this section, shall assist the commission by developing and
recommending rules to the commission. The advisory board may establish
subcommittees to fulfill the duties imposed under this subsection.
(d) An advisory board
member serves without compensation but is entitled to reimbursement for travel expenses and other actual and
necessary expenses incurred in performing functions as an advisory board
member, subject to any applicable limitation on reimbursement provided by
the General Appropriations Act.
SUBCHAPTER E.
CERTIFICATION, REGISTRATION, AND LICENSING REQUIREMENTS
Sec. 152.201.
EXAMINATIONS.
Sec. 152.202.
ENDORSEMENT; RECIPROCITY. (a) The commission may waive any prerequisite
to obtaining a certification, registration, or license for an applicant
after reviewing the applicant's credentials and determining that the
applicant holds a certification, registration, or license issued by another
jurisdiction that has certification, registration, or licensing
requirements substantially equivalent to those of this state.
(b) The commission may
waive any prerequisite to obtaining a certification, registration, or
license for an applicant who holds a certification, registration, or
license issued by another jurisdiction with which this state has a reciprocity
agreement. The commission may make an agreement, subject to the approval
of the supreme court, with another
state to allow for certification, registration, or licensing by
reciprocity.
Sec. 152.203. RULES ON
INELIGIBILITY.
Sec. 152.204. CONTINUING
EDUCATION. (a) The supreme court may authorize and the commission by rule
may require continuing professional education for persons regulated under
this subtitle.
(b) The rules for
continuing professional education adopted by the commission may include
standards relating to:
(1) reporting by
regulated persons or by providers of continuing professional education;
(2) continuing
professional education course content; and
(3) the minimum number of
continuing professional education hours required.
(c) The commission by
rule may exempt certain persons, including retired persons and persons with
disabilities, from all or a portion of the continuing education
requirements.
Sec. 152.205. CODE OF
ETHICS.
CHAPTER 153. COMMISSION
ENFORCEMENT
SUBCHAPTER A. GENERAL
ENFORCEMENT PROVISIONS
Sec. 153.001.
INVESTIGATIONS.
Sec. 153.002. SUBPOENAS.
(a) The commission may issue a subpoena as provided by this section.
(b) The commission may
request and, if necessary, compel by subpoena:
(1) the production for
inspection and copying of records, documents, and other evidence relevant
to the investigation of an alleged violation of this subtitle, a law
establishing a regulatory program administered by the commission, a rule
adopted under this subtitle, or an order issued by the commission or
director; and
(2) the attendance of a
witness for examination under oath.
(c) A subpoena under this
section may be issued throughout this state and may be served by any person
designated by the commission or the director.
(d) The commission,
acting through the attorney general, may bring an action to enforce a
subpoena issued under this section against a person who fails to comply
with the subpoena.
(e) Venue for an action
brought under this section is in a district court in:
(1) Travis County; or
(2) any county in which
the commission may hold a hearing.
(f) The court shall order
compliance with the subpoena if the court finds that good cause exists to
issue the subpoena.
Sec. 153.003. CEASE AND
DESIST ORDER. The director may issue a cease and desist order if the
director determines that the action is necessary to prevent a violation of:
(1) this subtitle;
(2) a law establishing a
regulatory program administered by the commission; or
(3) a rule adopted under this
subtitle or order issued by the commission or the director.
Sec. 153.004. DENIAL,
REVOCATION, SUSPENSION, OR REFUSAL TO RENEW; REPRIMAND; PROBATION. (a) The
commission may deny, revoke, suspend, or refuse to renew a certification,
registration, or license or may reprimand a regulated person for a
violation of this subtitle, a law establishing a regulatory program
administered by the commission, a rule adopted under this subtitle, or an
order issued by the commission or director.
(b) The commission may
place on probation a person whose certification, registration, or license
is suspended. If a certification, registration, or license suspension is
probated, the commission may require the person to:
(1) report regularly to
the commission on matters that are the basis of the probation;
(2) limit practice to the
areas prescribed by the commission; or
(3) continue or review professional education until the
person attains a degree of skill satisfactory to the commission in those
areas that are the basis for the probation.
Sec. 153.005. INJUNCTION.
SUBCHAPTER B.
ADMINISTRATIVE PENALTY; ADMINISTRATIVE SANCTION
Sec. 153.051. Substantially
the same as introduced version.
Sec. 153.052. Substantially
the same as introduced version.
Sec. 153.053. REPORT AND
NOTICE OF VIOLATION, PENALTY, AND SANCTION.
(a) The commission shall:
(1) appoint a committee of advisory board members to
review a complaint, make the initial determination on whether a violation
occurred, and recommend the imposition of a
penalty, a sanction, or both for violations;
(2) review the determination and recommendation of the committee and
accept or revise as necessary the determination and recommendation; and
(3) give to the person who is the subject of the complaint written
notice by certified mail of the commission's
determination on whether a violation occurred and each recommended penalty
or sanction, if any.
(b) The notice required
under Subsection (a) must:
(1) include a brief
summary of the alleged violation;
(2) state the amount of
any recommended penalty;
(3) state any recommended sanction; and
(4) inform the person of
the person's right to a hearing on the occurrence of the violation, the
amount of the penalty, the imposition of the
sanction, or any combination.
Sec. 153.054. PENALTY
PAID, SANCTION ACCEPTED, OR HEARING REQUESTED. (a) Not later than the
20th day after the date the person receives the notice sent under Section
153.053, the person in writing may:
(1) accept the
determination of the commission and recommended penalty or sanction; or
(2) make a request for a
hearing on the occurrence of the violation, the imposition or amount of the penalty, the imposition of the sanction, or any combination.
(b) If the person accepts
the determination and recommended penalty or
sanction or if the person fails to respond to the notice, the
commission by order shall approve the determination and impose the
recommended penalty or sanction.
Sec. 153.055. NOTICE;
HEARING. (a) If the person requests a hearing, the commission shall give
to the person written notice of the hearing that includes the time, place,
legal authority, and jurisdiction under which the hearing is held and the
laws and rules related to the violation.
(b) The person may
appear, present evidence, and respond to questions from the commission at
the hearing.
(c) The commission shall
make findings of fact and conclusions of law and promptly issue an order on the occurrence of the violation,
the amount of any penalty imposed, and the
imposition of any sanction. The commission shall give the person notice of
the order.
(d) On approval of the
supreme court, the commission may adopt rules governing the hearing,
including rules on appearance by telephone.
(e) The presiding officer
of the commission may hold prehearing conferences.
(f) The notice of the
commission's order under Subsection (c)
must include a statement of the right of the person to appeal the order under Section 153.058.
(g) On request of the commission, at least one member of the
applicable advisory board committee shall attend the hearing to consult
with the commission on the reasons for the advisory board committee's
recommendations under Section 153.053(a).
(h) At the hearing, the commission shall apply the general rules of
evidence applicable in a district court, except that the commission may
admit and consider any information the commission determines is relevant,
trustworthy, and necessary for a full and fair adjudication and
determination of fact or law.
Sec. 153.056. OPTIONS
FOLLOWING DECISION: PAY, ACCEPT, OR APPEAL. Not later than the 30th day
after the date the order of the commission imposing an administrative
penalty or sanction under Section
153.055 becomes final, the person shall:
(1) pay the penalty or accept the sanction; or
(2) file an appeal of the commission's order
contesting the occurrence of the violation, the imposition or amount of the penalty, the imposition of the sanction, or any combination.
Sec. 153.057. COLLECTION
OF PENALTY.
Sec. 153.058. APPEAL OF
DECISION. (a) The supreme court shall adopt rules governing appeals under
this subchapter.
(b) The rules must
require the appeal to be made to a special committee consisting of three
regional presiding judges. If the alleged violation involves a certified
guardian, the committee must consist of two regional presiding judges and
the presiding judge of the statutory probate courts.
(c) An appeal must be
filed not later than the 30th day after the date the commission's order is
issued.
(d) The special committee
shall consider the appeal under an abuse of discretion standard of review
for all issues except issues involving questions of law. The standard of
review for issues involving questions of law is de novo.
(e) The special committee may confer in writing with a
certification, registration, or license holder who is in the same
profession as the person appealing the commission's order if the special
committee provides to the person:
(1) notice of the special committee's request for information; and
(2) a copy of the certification, registration, or license holder's
response.
(f) If the special
committee sustains the finding that a violation occurred, the special
committee may:
(1) uphold or reduce the
amount of any penalty and order the person to pay the full or reduced
amount of the penalty; and
(2) uphold or reduce any sanction and order the imposition of the
sanction.
(g) If the special
committee does not sustain the finding that a violation occurred, the
special committee shall order that a penalty is not owed and that a sanction may not be imposed.
Sec. 153.059. REMITTANCE
OF PENALTY AND INTEREST.
CHAPTER 154. COURT
REPORTERS CERTIFICATION AND SHORTHAND REPORTING FIRMS REGISTRATION
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 154.001.
DEFINITIONS.
Sec. 154.002. RULES. The
supreme court may adopt rules consistent with this subtitle, including rules governing:
(1) the certification and
conduct of official and deputy court reporters and shorthand reporters;
and
(2) the registration and
conduct of court reporting and shorthand reporting firms.
|
SECTION 1.02. Chapter 154,
Government Code, as added by this Act, is amended.
|
SECTION 1.02. Same as
introduced version.
|
SECTION 1.03. Sections
52.011 and 52.0111, Government Code, are transferred to Subchapter B,
Chapter 154, Government Code, as added by this Act, redesignated as
Sections 154.051 and 154.052, Government Code, and amended to read as
follows:
Sec. 154.051 [52.011].
ORGANIZATION. (a) The Court Reporters Certification Advisory Board
is established as an advisory board to the commission. The advisory
board is composed of at least five
members appointed by the supreme court [and is composed of:
[(1)
one active district judge who serves as chairman;
[(2)
two active attorneys licensed in this state who have been practicing
members of the State Bar for more than the five years immediately preceding
their appointment to the board;
[(3)
two active official court reporters who have practiced shorthand reporting
in this state for more than the five years immediately preceding their
appointment to the board;
[(4)
two active certified shorthand reporters who work on a freelance basis and
who have practiced shorthand reporting for more than the five years
immediately preceding their appointment to the board;
[(5)
one representative of a shorthand reporting firm that is not owned by a
certified shorthand reporter and that has operated as a shorthand reporting
firm in this state for more than the three years immediately preceding the
representative's appointment to the board;]
[(6) one representative
of a shorthand reporting firm that is owned by a certified shorthand
reporter and that has operated as a shorthand reporting firm in this state
for more than the three years immediately preceding the representative's
appointment to the board; and
[(7) four members who are
representatives of the general public].
(b) Appointments to the advisory
board shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees.
(c)
The supreme court shall appoint a presiding officer of the advisory
board from among its members to serve for two years. [A
person may not be a member of the board or act as the general counsel to
the board if the person is:
[(1) required to register
as a lobbyist under Chapter 305 because of the person's activities for
compensation on behalf of a profession related to the operation of the
board; or
[(2) an owner, officer,
or employee of a school or institution engaged in instructing persons in
shorthand reporting skills.]
(d) A majority of the
advisory board constitutes a quorum. [In this subsection,
"Texas trade association" means a 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. 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 an
officer, employee, or paid consultant of a Texas trade association in the
field of shorthand reporting; or
[(2) the person's spouse
is an officer, manager, or paid consultant of a Texas trade association in
the field of shorthand reporting.]
(e) Advisory board [A
person may not be a public member of the board if the person or the
person's spouse:
[(1) is a judge;
[(2) is licensed to
practice law in this state;
[(3) is registered or
certified by the board;
[(4) is an elected public
official;
[(5) is a full-time
governmental employee;
[(6) is employed by or
participates in the management of a business entity or other organization
regulated by or receiving money from the board;
[(7) owns or controls,
directly or indirectly, more than a 10 percent interest in a business
entity or other organization regulated by or receiving money from the
board; or
[(8) uses or receives a
substantial amount of tangible goods, services, or money from the board
other than compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
[(f) Board] members
serve staggered six-year terms of office, with
the terms of one or two [or three] members expiring on
December 31 of each year.
(f) An advisory board [(g) A] member holds office until that member's successor is
appointed and has qualified for office. An advisory [A]
board member may not be appointed to an immediately succeeding term unless
the member has served less than three consecutive years.
(g) [(h)] If a
vacancy occurs on the advisory board, the supreme court shall
appoint a [similarly qualified]
person to serve the remainder of the term.
[(i)
Board members serve without compensation but are entitled to reimbursement
for actual and necessary expenses incurred in traveling and performing
official board duties.]
Sec. 154.052 [52.0111].
ADVISORY BOARD MEMBER TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the advisory board may not vote,
deliberate, or be counted as a member in attendance at a meeting of the advisory
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 [the
legislation that created the board];
(2) [the programs
operated by the board;
[(3)] the role and
functions of the advisory board;
(3) [(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 advisory board;
(4) [(6)] the
results of the most recent formal audit of the advisory board; and
(5) [(7) the
requirements of:
[(A) the open meetings
law, Chapter 551;
[(B) the public
information law, Chapter 552;
[(C) the administrative
procedure law, Chapter 2001; and
[(D) other laws relating
to public officials, including conflict-of-interest laws; and
[(8)] any applicable
ethics policies adopted by the commission [board or the Texas
Ethics Commission].
(c) A person appointed to
the advisory 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 1.03. Sections
52.011 and 52.0111, Government Code, are transferred to Subchapter B,
Chapter 154, Government Code, as added by this Act, redesignated as
Sections 154.051 and 154.052, Government Code, and amended to read as
follows:
Sec. 154.051 [52.011].
ORGANIZATION. (a) The Court Reporters Certification Advisory Board
is established as an advisory board to the commission. The advisory
board is composed of at least seven
members appointed by the supreme court as
follows [and is composed of]:
(1)
one active district judge presiding over a court that employs an
official court reporter [who serves as chairman];
(2)
one [two] active attorney [attorneys] licensed
in this state who has [have] been a practicing member
[members] of the State Bar for more than the five years immediately
preceding the attorney's [their] appointment to the advisory
board;
(3)
two active official court reporters who have practiced shorthand reporting
in this state for more than the five years immediately preceding their
appointment to the advisory board;
(4)
two active certified shorthand reporters who work on a freelance basis and
who have practiced shorthand reporting for more than the five years
immediately preceding their appointment to the advisory board; and
(5)
one representative of a shorthand reporting firm [that is not owned by a
certified shorthand reporter and] that has operated as a shorthand
reporting firm in this state for more than the three years immediately
preceding the representative's appointment to the advisory board[;
[(6) one representative
of a shorthand reporting firm that is owned by a certified shorthand
reporter and that has operated as a shorthand reporting firm in this state
for more than the three years immediately preceding the representative's
appointment to the board; and
[(7) four members who are
representatives of the general public].
(b) Appointments to the advisory
board shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees.
(c)
The advisory board member appointed under Subsection (a)(1) serves as
presiding officer of the advisory board. [A person may not be
a member of the board or act as the general counsel to the board if the
person is:
[(1) required to register
as a lobbyist under Chapter 305 because of the person's activities for
compensation on behalf of a profession related to the operation of the
board; or
[(2) an owner, officer,
or employee of a school or institution engaged in instructing persons in
shorthand reporting skills.]
(d) A majority of the
advisory board constitutes a quorum. [In this subsection,
"Texas trade association" means a 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. 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 an
officer, employee, or paid consultant of a Texas trade association in the
field of shorthand reporting; or
[(2) the person's spouse
is an officer, manager, or paid consultant of a Texas trade association in
the field of shorthand reporting.]
(e) Advisory board [A
person may not be a public member of the board if the person or the
person's spouse:
[(1) is a judge;
[(2) is licensed to
practice law in this state;
[(3) is registered or
certified by the board;
[(4) is an elected public
official;
[(5) is a full-time
governmental employee;
[(6) is employed by or
participates in the management of a business entity or other organization
regulated by or receiving money from the board;
[(7) owns or controls,
directly or indirectly, more than a 10 percent interest in a business
entity or other organization regulated by or receiving money from the
board; or
[(8) uses or receives a
substantial amount of tangible goods, services, or money from the board
other than compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
[(f) Board] members
serve staggered six-year terms of office as
ordered by the supreme court[,
with the terms of two or three members expiring on December 31 of each year].
(f) [(g) A member holds office until that member's
successor is appointed and has qualified for office. A board member may
not be appointed to an immediately succeeding term unless the member has
served less than three consecutive years.
[(h)] If a vacancy
occurs on the advisory board, the supreme court shall appoint a similarly qualified person to serve the
remainder of the term.
(g) Advisory board [(i)
Board] members serve without compensation but are entitled to reimbursement
for travel expenses and other actual and necessary expenses incurred
in the performance of official advisory [traveling and performing
official] board duties, as provided by the General Appropriations
Act.
Sec. 154.052 [52.0111].
ADVISORY BOARD MEMBER TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the advisory board may not
vote, deliberate, or be counted as a member in attendance at a meeting of
the advisory 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 [the
legislation that created the board];
(2) [the programs
operated by the board;
[(3)] the role and
functions of the advisory board;
(3) [(4)] the rules
of the commission [board], with an emphasis on the rules that
relate to disciplinary and investigatory authority; and
(4) [(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;
[(B) the public
information law, Chapter 552;
[(C) the administrative
procedure law, Chapter 2001; and
[(D) other laws relating
to public officials, including conflict-of-interest laws; and
[(8)] any applicable
ethics policies adopted by the commission [board or the Texas
Ethics Commission].
(c) A person appointed to
the advisory 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 1.04. Subchapter C,
Chapter 52, Government Code, is transferred to Chapter 154, Government
Code, as added by this Act, redesignated as Subchapter C, Chapter 154,
Government Code, and amended to read as follows:
SUBCHAPTER C. CERTIFICATION
AND REGISTRATION
Sec. 154.101 [52.021].
CERTIFICATION OF REPORTERS.
[Sec. 52.0211. RULES ON
CONSEQUENCES OF CRIMINAL CONVICTION.]
Sec. 154.102 [52.022].
APPLICATION FOR EXAMINATION.
Sec. 154.103 [52.023].
EXAMINATION.
[Sec. 52.0231.
EXAMINATION RESULTS.]
Sec. 154.104 [52.024].
CERTIFICATION TO SUPREME COURT.
|
SECTION 1.04. Subchapter C,
Chapter 52, Government Code, is transferred to Chapter 154, Government
Code, as added by this Act, redesignated as Subchapter C, Chapter 154,
Government Code, and amended to read as follows:
SUBCHAPTER C. CERTIFICATION
AND REGISTRATION
Sec. 154.101 [52.021].
CERTIFICATION OF REPORTERS.
[Sec. 52.0211. RULES ON
CONSEQUENCES OF CRIMINAL CONVICTION.]
Sec. 154.102 [52.022].
APPLICATION FOR EXAMINATION.
Sec. 154.103 [52.023].
EXAMINATION.
[Sec. 52.0231.
EXAMINATION RESULTS.]
Sec. 154.104 [52.024].
CERTIFICATION TO SUPREME COURT.
|
[Sec. 52.0241. RECIPROCAL
CERTIFICATION OR CERTIFICATION BY ENDORSEMENT.]
Sec. 154.105 [52.025].
TITLE; OATHS.
Sec. 154.106 [52.0255].
FIRM REGISTRATION.
Sec. 154.107 [52.026].
CERTIFICATION AND REGISTRATION FEE AND RENEWAL.
Sec. 154.108 [52.0261].
STAGGERED RENEWAL OF CERTIFICATION OR REGISTRATION.
Sec. 154.109 [52.027].
COMPLAINT. (a) To file a complaint against a certified shorthand reporter
or a shorthand reporting firm or affiliate office registered with the commission
[board], a person must:
(1) have personal knowledge
of the alleged violation;
(2) complete a complaint
form provided by the board;
(3) sign the completed form;
and
(4) attach any pertinent
documentary evidence to the form.
(b) On receipt of a properly
executed complaint, the commission [board] shall furnish a
copy of the complaint and any attachments to the shorthand reporter or
shorthand reporting firm or affiliate office that is the subject of the
complaint.
(c) This section does not preclude
the commission [board] or a court of this state from filing a
complaint against a certified shorthand reporter or a shorthand reporting
firm.
[Sec. 52.0271. COMPLAINT
DISMISSAL.]
[Sec. 52.028. NOTICE AND
HEARING.]
Sec. 154.110 [52.029].
DISCIPLINARY ACTIONS AGAINST COURT REPORTERS. (a) After receiving a
complaint and giving the certified shorthand reporter notice and an
opportunity for a hearing as prescribed by Chapter 153 [Section
52.028], the commission [board] shall revoke, suspend, or
refuse to renew the shorthand reporter's certification or issue a reprimand
to the reporter for:
(1) fraud or corruption;
(2) dishonesty;
(3) wilful or negligent
violation or failure of duty;
(4) incompetence;
(5) fraud or
misrepresentation in obtaining certification;
(6) a final conviction of a
felony or misdemeanor that directly relates to the duties and
responsibilities of a certified court reporter, as determined by supreme
court rules [adopted under Section 52.0211];
(7) engaging in the practice
of shorthand reporting using a method for which the reporter is not
certified;
(8) engaging in the practice
of shorthand reporting while certification is suspended;
(9) unprofessional conduct,
including giving directly or indirectly, benefiting from, or being employed
as a result of any gift, incentive, reward, or anything of value to
attorneys, clients, or their representatives or agents, except for nominal
items that do not exceed $100 in the aggregate for each recipient each
year;
(10) entering into or
providing services under a prohibited contract described by Section 154.115
[52.034];
(11) committing any other
act that violates this chapter or a rule or provision of the code of ethics
adopted under this chapter; or
(12) other sufficient cause.
(b) The commission [board]
may suspend the certification:
(1) for a designated period
of time not to exceed 12 months;
(2) until the person
corrects the deficiencies that were the grounds for the suspension; or
(3) until the person
complies with any conditions imposed by the commission [board]
to ensure the person's future performance as a shorthand reporter.
(c) A suspended shorthand
reporter may apply for reinstatement by presenting proof that:
(1) the designated time has
expired;
(2) the person has corrected
the deficiencies; or
(3) the person has complied
with the conditions imposed by the commission [board].
(d) On its own motion, the commission
[board] may conduct a hearing to inquire into a suspension. If the commission
[board] finds that a person has not corrected the deficiencies that
were the grounds of the suspension or has not complied with the conditions
imposed by the commission [board], the commission [board]
may revoke the person's certification.
(e) The supreme court may
authorize and the commission [board] may adopt rules relating
to the nonrenewal of the certification of a court reporter who is in
default on a loan guaranteed under Chapter 57, Education Code, by the Texas
Guaranteed Student Loan Corporation.
(f) The commission [board]
may place on probation a person whose certification is suspended. If a
certification suspension is probated, the commission [board]
may require the person to:
(1) report regularly to the commission
[board] on matters that are the basis of the probation;
(2) limit practice to the
areas prescribed by the commission [board]; or
(3) continue or review
professional education until the person attains a degree of skill
satisfactory to the commission [board] in those areas that
are the basis of the probation.
Sec. 154.111 [52.0295].
DISCIPLINARY ACTIONS AGAINST FIRMS. (a) After receiving a complaint and
giving the shorthand reporting firm or affiliate office notice and an
opportunity for a hearing as prescribed by supreme
court rules [Section 52.028], the commission [board]
shall reprimand, assess a reasonable fine against, or suspend, revoke, or
refuse to renew the registration of a shorthand reporting firm or affiliate
office for:
(1) fraud or corruption;
(2) dishonesty;
(3) conduct on the part of
an officer, director, or managerial employee of the shorthand reporting
firm or affiliate office if the officer, director, or managerial employee
orders, encourages, or permits conduct that the officer, director, or
managerial employee knows or should have known violates this chapter;
(4) conduct on the part of
an officer, director, or managerial employee or agent of the shorthand
reporting firm or affiliate office who has direct supervisory authority
over a person for whom the officer, director, employee, or agent knows or
should have known violated this chapter
and knowingly fails to take reasonable remedial action to avoid or mitigate
the consequences of the person's actions;
(5) fraud or
misrepresentation in obtaining registration;
(6) a final conviction of an
officer, director, or managerial employee of a shorthand reporting firm or
affiliate office for a felony or misdemeanor that is directly related to
the provision of court reporting services, as determined by supreme
court rules [adopted under Section 52.0211];
(7) engaging the services of
a reporter that the shorthand reporting firm or affiliate office knew or
should have known was using a method for which the reporter is not
certified;
(8) knowingly providing
court reporting services while the shorthand reporting firm's or affiliate
office's registration is suspended or engaging the services of a shorthand
reporter whose certification the shorthand reporting firm or affiliate
office knew or should have known was suspended;
(9) unprofessional conduct,
including a pattern of giving directly or indirectly or benefiting from or
being employed as a result of giving any gift, incentive, reward, or
anything of value to attorneys, clients, or their representatives or
agents, except for nominal items that do not exceed $100 in the aggregate
for each recipient each year;
(10) entering into or
providing services under a prohibited contract described by Section 154.115
[52.034];
(11) committing any other
act that violates this chapter or a rule or provision of the code of ethics
adopted under this chapter; or
(12) other sufficient cause.
(b) Nothing in Subsection
(a)(9) shall be construed to define providing value-added business
services, including long-term volume discounts, such as the pricing of
products and services, as prohibited gifts, incentives, or rewards.
(c) The commission [board]
may suspend the registration of a shorthand reporting firm or affiliate
office:
(1) for a designated period
of time;
(2) until the shorthand
reporting firm or affiliate office corrects the deficiencies that were the
grounds for the suspension; or
(3) until the shorthand
reporting firm or affiliate office complies with any conditions imposed by
the commission [board] to ensure the shorthand reporting
firm's or affiliate office's future performance.
(d) A shorthand reporting
firm or affiliate office whose registration is suspended may apply for
reinstatement by presenting proof that:
(1) the designated time has
expired;
(2) the shorthand reporting
firm or affiliate office has corrected the deficiencies; or
(3) the shorthand reporting
firm or affiliate office has complied with the conditions imposed by the commission
[board].
(e) On its own motion, the commission
[board] may conduct a hearing to inquire into a suspension. If the commission
[board] finds that a shorthand reporting firm or affiliate office
has not corrected the deficiencies that were the grounds for the suspension
or has not complied with the conditions imposed by the commission [board],
the commission [board] may revoke the registration of the
shorthand reporting firm or affiliate office.
(f) The commission [board]
may place on probation a shorthand reporting firm or affiliate office whose
registration is suspended. If a registration suspension is probated, the commission
[board] may require the firm or office to:
(1) report regularly to the commission
[board] on matters that are the basis of the probation;
(2) limit practice to the
areas prescribed by the commission [board]; or
(3) through its officers,
directors, managerial employees, or agents, continue or review professional
education until those persons attain a degree of skill satisfactory to the commission
[board] in those areas that are the basis of the probation.
[Sec. 52.030. APPEAL OF
DISCIPLINARY ACTION.]
Sec. 154.112 [52.031].
EMPLOYMENT OF NONCERTIFIED SHORTHAND REPORTERS.
Sec. 154.113 [52.032].
CRIMINAL PENALTY.
[Sec. 52.0321.
ADMINISTRATIVE PENALTY.]
Sec. 154.114 [52.033].
EXEMPTIONS.
Sec. 154.115 [52.034].
PROHIBITED CONTRACTS.
|
[Sec. 52.0241. RECIPROCAL
CERTIFICATION OR CERTIFICATION BY ENDORSEMENT.]
Sec. 154.105 [52.025].
TITLE; OATHS.
Sec. 154.106. Substantially
the same as introduced version.
Sec. 154.107. Substantially
the same as introduced version, but makes a technical correction.
Sec. 154.108 [52.0261].
STAGGERED RENEWAL OF CERTIFICATION OR REGISTRATION.
Sec. 154.109 [52.027].
COMPLAINT. (a) To file a complaint against a certified shorthand reporter
or a shorthand reporting firm or affiliate office registered with the commission
[board], a person must:
(1) have personal knowledge
of the alleged violation;
(2) complete a complaint
form provided by the commission [board];
(3) sign the completed form;
and
(4) attach any pertinent
documentary evidence to the form.
(b) On receipt of a properly
executed complaint, the commission [board] shall furnish a
copy of the complaint and any attachments to the shorthand reporter or
shorthand reporting firm or affiliate office that is the subject of the complaint.
(c) This section does not
preclude the commission [board] or a court of this state from
filing a complaint against a certified shorthand reporter or a shorthand
reporting firm. An advisory board member
may recommend to the commission a complaint to be filed against a certified
shorthand reporter or a shorthand reporting firm or affiliated office
registered with the commission.
[Sec. 52.0271. COMPLAINT
DISMISSAL].
[Sec. 52.028. NOTICE AND
HEARING.]
Sec. 154.110 [52.029].
DISCIPLINARY ACTIONS AGAINST COURT REPORTERS. (a) After receiving a
complaint and giving the certified shorthand reporter notice and an
opportunity for a hearing as prescribed by Subchapter B, Chapter 153
[Section 52.028], the commission [board] shall revoke,
suspend, or refuse to renew the shorthand reporter's certification or issue
a reprimand to the reporter for:
(1) fraud or corruption;
(2) dishonesty;
(3) wilful or negligent
violation or failure of duty;
(4) incompetence;
(5) fraud or
misrepresentation in obtaining certification;
(6) a final conviction of a
felony or misdemeanor that directly relates to the duties and
responsibilities of a certified court reporter, as determined by supreme
court rules [adopted under Section 52.0211];
(7) engaging in the practice
of shorthand reporting using a method for which the reporter is not
certified;
(8) engaging in the practice
of shorthand reporting while certification is suspended;
(9) unprofessional conduct,
including giving directly or indirectly, benefiting from, or being employed
as a result of any gift, incentive, reward, or anything of value to
attorneys, clients, or their representatives or agents, except for nominal
items that do not exceed $100 in the aggregate for each recipient each
year;
(10) entering into or
providing services under a prohibited contract described by Section 154.115
[52.034];
(11) committing any other
act that violates this chapter or a rule or provision of the code of ethics
adopted under this subtitle [chapter]; or
(12) other sufficient cause.
(b) The commission [board]
may suspend the certification:
(1) for a designated period
of time not to exceed 12 months;
(2) until the person
corrects the deficiencies that were the grounds for the suspension; or
(3) until the person
complies with any conditions imposed by the commission [board]
to ensure the person's future performance as a shorthand reporter.
(c) A suspended shorthand
reporter may apply for reinstatement by presenting proof that:
(1) the designated time has
expired;
(2) the person has corrected
the deficiencies; or
(3) the person has complied
with the conditions imposed by the commission [board].
(d) On its own motion, the commission
[board] may conduct a hearing to inquire into a suspension. If the commission
[board] finds that a person has not corrected the deficiencies that
were the grounds of the suspension or has not complied with the conditions
imposed by the commission [board], the commission [board]
may revoke the person's certification.
(e) The supreme court may
authorize and the commission [board] may adopt rules relating
to the nonrenewal of the certification of a court reporter who is in
default on a loan guaranteed under Chapter 57, Education Code, by the Texas
Guaranteed Student Loan Corporation.
(f) The commission [board]
may place on probation a person whose certification is suspended. If a
certification suspension is probated, the commission [board]
may require the person to:
(1) report regularly to the commission
[board] on matters that are the basis of the probation;
(2) limit practice to the
areas prescribed by the commission [board]; or
(3) continue or review
professional education until the person attains a degree of skill
satisfactory to the commission [board] in those areas that
are the basis of the probation.
Sec. 154.111 [52.0295].
DISCIPLINARY ACTIONS AGAINST FIRMS. (a) After receiving a complaint and
giving the shorthand reporting firm or affiliate office notice and an
opportunity for a hearing as prescribed by Subchapter
B, Chapter 153 [Section 52.028], the commission [board]
shall reprimand, assess a reasonable fine against, or suspend, revoke, or
refuse to renew the registration of a shorthand reporting firm or affiliate
office for:
(1) fraud or corruption;
(2) dishonesty;
(3) conduct on the part of
an officer, director, or managerial employee of the shorthand reporting
firm or affiliate office if the officer, director, or managerial employee
orders, encourages, or permits conduct that the officer, director, or
managerial employee knows or should have known violates this subtitle [chapter];
(4) conduct on the part of
an officer, director, or managerial employee or agent of the shorthand
reporting firm or affiliate office who has direct supervisory authority
over a person for whom the officer, director, employee, or agent knows or
should have known violated this subtitle [chapter] and knowingly fails to
take reasonable remedial action to avoid or mitigate the consequences of
the person's actions;
(5) fraud or
misrepresentation in obtaining registration;
(6) a final conviction of an
officer, director, or managerial employee of a shorthand reporting firm or
affiliate office for a felony or misdemeanor that is directly related to
the provision of court reporting services, as determined by supreme
court rules [adopted under Section 52.0211];
(7) engaging the services of
a reporter that the shorthand reporting firm or affiliate office knew or
should have known was using a method for which the reporter is not
certified;
(8) knowingly providing court
reporting services while the shorthand reporting firm's or affiliate
office's registration is suspended or engaging the services of a shorthand
reporter whose certification the shorthand reporting firm or affiliate
office knew or should have known was suspended;
(9) unprofessional conduct,
including a pattern of giving directly or indirectly or benefiting from or
being employed as a result of giving any gift, incentive, reward, or
anything of value to attorneys, clients, or their representatives or agents,
except for nominal items that do not exceed $100 in the aggregate for each
recipient each year;
(10) entering into or
providing services under a prohibited contract described by Section 154.115
[52.034];
(11) committing any other
act that violates this chapter or a rule or provision of the code of ethics
adopted under this subtitle [chapter]; or
(12) other sufficient cause.
(b) Nothing in Subsection
(a)(9) shall be construed to define providing value-added business
services, including long-term volume discounts, such as the pricing of
products and services, as prohibited gifts, incentives, or rewards.
(c) The commission [board]
may suspend the registration of a shorthand reporting firm or affiliate
office:
(1) for a designated period
of time;
(2) until the shorthand
reporting firm or affiliate office corrects the deficiencies that were the
grounds for the suspension; or
(3) until the shorthand
reporting firm or affiliate office complies with any conditions imposed by
the commission [board] to ensure the shorthand reporting
firm's or affiliate office's future performance.
(d) A shorthand reporting
firm or affiliate office whose registration is suspended may apply for
reinstatement by presenting proof that:
(1) the designated time has
expired;
(2) the shorthand reporting
firm or affiliate office has corrected the deficiencies; or
(3) the shorthand reporting
firm or affiliate office has complied with the conditions imposed by the commission
[board].
(e) On its own motion, the commission
[board] may conduct a hearing to inquire into a suspension. If the commission
[board] finds that a shorthand reporting firm or affiliate office
has not corrected the deficiencies that were the grounds for the suspension
or has not complied with the conditions imposed by the commission [board],
the commission [board] may revoke the registration of the
shorthand reporting firm or affiliate office.
(f) The commission [board]
may place on probation a shorthand reporting firm or affiliate office whose
registration is suspended. If a registration suspension is probated, the commission
[board] may require the firm or office to:
(1) report regularly to the commission
[board] on matters that are the basis of the probation;
(2) limit practice to the
areas prescribed by the commission [board]; or
(3) through its officers,
directors, managerial employees, or agents, continue or review professional
education until those persons attain a degree of skill satisfactory to the commission
[board] in those areas that are the basis of the probation.
[Sec. 52.030. APPEAL OF
DISCIPLINARY ACTION.]
Sec. 154.112 [52.031].
EMPLOYMENT OF NONCERTIFIED SHORTHAND REPORTERS.
Sec. 154.113 [52.032].
CRIMINAL PENALTY.
[Sec. 52.0321.
ADMINISTRATIVE PENALTY.]
Sec. 154.114 [52.033].
EXEMPTIONS.
Sec. 154.115 [52.034].
PROHIBITED CONTRACTS.
|
SECTION 1.05. Chapter 111,
Government Code, is transferred to Subtitle K, Title 2, Government Code, as
added by this Act, redesignated as Chapter 155, Government Code, and
amended to read as follows:
CHAPTER 155 [111].
GUARDIANSHIP CERTIFICATION [BOARD]
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 155.001 [111.001].
DEFINITIONS.
Sec. 155.002 [111.002].
RULES.
[Sec. 111.003. SUNSET
PROVISION.]
|
SECTION 1.05. Chapter 111,
Government Code, is transferred to Subtitle K, Title 2, Government Code, as
added by this Act, redesignated as Chapter 155, Government Code, and
amended to read as follows:
CHAPTER 155 [111].
GUARDIANSHIP CERTIFICATION [BOARD]
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 155.001 [111.001].
DEFINITIONS.
Sec. 155.002 [111.002].
RULES.
[Sec. 111.003. SUNSET
PROVISION.]
|
SUBCHAPTER B. ADMINISTRATIVE
PROVISIONS
Sec. 155.051 [111.011].
ADVISORY BOARD. (a) The Guardianship Certification Advisory
Board is established as an advisory board to the commission. The
advisory board is composed of at least five members appointed by the
supreme court[:
[(1) 11 members appointed
by the supreme court; and
[(2) four public members
appointed by the supreme court from a list of nominees submitted by the
governor].
(b) [The supreme court
shall appoint members under Subsection (a)(1) from the different
geographical areas of this state.
[(c) In making an
appointment under Subsection (a)(2), the supreme court may reject one or
more of the nominees on a list submitted by the governor and request a new
list of different nominees.
[(d) To be eligible for
appointment to the board other than as a public member, an individual must
have demonstrated experience working with:
[(1) a guardianship program;
[(2) an organization that
advocates on behalf of or in the interest of elderly individuals;
[(3) an organization that
advocates on behalf of or in the interest of individuals with mental
illness or mental retardation or individuals with physical disabilities; or
[(4) incapacitated
individuals.
[(e) The public members
of the board must be:
[(1) caretakers of
individuals with mental illness or mental retardation or individuals with
physical disabilities; or
[(2) persons who advocate
on behalf of or in the interest of individuals with mental illness or
mental retardation or individuals with physical disabilities.
[(f)] Appointments to
the advisory board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the appointees.
(c) The supreme court
shall appoint a presiding officer of the advisory board from among its
members to serve for two years.
(d) A majority of the
advisory board constitutes a quorum.
(e) Advisory board [(g)
The] members [of the board] serve for staggered six-year terms, with the terms of one-third of the members expiring
on February 1 of each odd-numbered year. Advisory board [Board]
members serve without compensation but are entitled to reimbursement for
travel expenses and other actual and necessary expenses incurred in the
performance of official board duties, as provided by the General
Appropriations Act.
[(h) The board shall
elect from among its members a presiding officer and other officers
considered necessary.
[(i) The board shall meet
at least quarterly at the call of the presiding officer.
[(j) Any action taken by
the board must be approved by a majority vote of the members present.
[Sec. 111.012.
ADMINISTRATIVE ATTACHMENT.]
[Sec. 111.013.
ELIGIBILITY OF PUBLIC MEMBERS.]
[Sec. 111.014. MEMBERSHIP
AND EMPLOYEE RESTRICTIONS.]
[Sec. 111.015. GROUNDS
FOR REMOVAL FROM BOARD.]
[Sec. 111.016. POWERS AND
DUTIES OF BOARD.]
Sec. 155.052 [111.017].
TRAINING. (a) A person who is appointed to and qualifies for office as a
member of the advisory board may not vote, deliberate, or be counted
as a member in attendance at a meeting of the advisory 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 role and functions
of the advisory board;
(3)
the current budget for the advisory board;
(4)
the results of the most recent formal audit of the advisory board;
and
(5) any applicable ethics
policies adopted by the advisory board.
[Sec. 111.018. USE OF
TECHNOLOGY.]
[Sec. 111.019.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.]
[Sec. 111.020. PUBLIC
ACCESS.]
[Sec. 111.021. DIRECTOR.]
[Sec. 111.022. DIVISION
OF RESPONSIBILITIES.]
[Sec. 111.023.
QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.]
SUBCHAPTER C. REGULATION OF
CERTAIN GUARDIANS
Sec. 155.101 [111.041].
STANDARDS FOR CERTAIN GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP.
Sec. 155.102 [111.042].
CERTIFICATION REQUIRED FOR CERTAIN GUARDIANS.
Sec. 155.103 [111.0421].
PROVISIONAL CERTIFICATE.
Sec. 155.104 [111.043].
INFORMATION FROM PRIVATE PROFESSIONAL GUARDIANS.
Sec. 155.105 [111.044].
ANNUAL DISCLOSURE.
|
SUBCHAPTER B. ADMINISTRATIVE
PROVISIONS
Sec. 155.051 [111.011].
ADVISORY BOARD. (a) The Guardianship Certification Advisory
Board is established as an advisory board to the commission. The
advisory board is composed of at least five members appointed by the
supreme court[:
[(1) 11 members appointed
by the supreme court; and
[(2) four public members
appointed by the supreme court from a list of nominees submitted by the
governor].
(b) [The supreme court
shall appoint members under Subsection (a)(1) from the different
geographical areas of this state.
[(c) In making an
appointment under Subsection (a)(2), the supreme court may reject one or
more of the nominees on a list submitted by the governor and request a new
list of different nominees.
[(d) To be eligible for
appointment to the board other than as a public member, an individual must
have demonstrated experience working with:
[(1) a guardianship
program;
[(2) an organization that
advocates on behalf of or in the interest of elderly individuals;
[(3) an organization that
advocates on behalf of or in the interest of individuals with mental
illness or mental retardation or individuals with physical disabilities; or
[(4) incapacitated
individuals.
[(e) The public members
of the board must be:
[(1) caretakers of
individuals with mental illness or mental retardation or individuals with
physical disabilities; or
[(2) persons who advocate
on behalf of or in the interest of individuals with mental illness or
mental retardation or individuals with physical disabilities.
[(f)] Appointments to
the advisory board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the appointees.
(c) The supreme court
shall appoint a presiding officer of the advisory board from among the
advisory board members to serve for two years.
(d) A majority of the
advisory board constitutes a quorum.
(e) Advisory board [(g)
The] members [of the board] serve for staggered six-year terms as ordered by the supreme court[, with the terms of one-third of the members
expiring on February 1 of each odd-numbered year]. Advisory
board [Board] members serve without compensation but are
entitled to reimbursement for travel expenses and other actual and
necessary expenses incurred in the performance of official advisory
board duties, as provided by the General Appropriations Act.
[(h) The board shall
elect from among its members a presiding officer and other officers
considered necessary.
[(i) The board shall meet
at least quarterly at the call of the presiding officer.
[(j) Any action taken by
the board must be approved by a majority vote of the members present.
[Sec. 111.012.
ADMINISTRATIVE ATTACHMENT.]
[Sec. 111.013.
ELIGIBILITY OF PUBLIC MEMBERS.]
[Sec. 111.014. MEMBERSHIP
AND EMPLOYEE RESTRICTIONS.]
[Sec. 111.015. GROUNDS
FOR REMOVAL FROM BOARD.]
[Sec. 111.016. POWERS AND
DUTIES OF BOARD.]
Sec. 155.052 [111.017].
TRAINING. (a) A person who is appointed to and qualifies for office as a
member of the advisory board may not vote, deliberate, or be counted
as a member in attendance at a meeting of the advisory 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 role and functions
of the advisory board; and
(3)
[the current budget for the board;
[(4)
the results of the most recent formal audit of the board; and
[(5)] any applicable
ethics policies adopted by the commission [board].
[Sec. 111.018. USE OF
TECHNOLOGY.]
[Sec. 111.019. ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES.]
[Sec. 111.020. PUBLIC
ACCESS.]
[Sec. 111.021. DIRECTOR.]
[Sec. 111.022. DIVISION
OF RESPONSIBILITIES.]
[Sec. 111.023.
QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.]
SUBCHAPTER C. REGULATION OF
CERTAIN GUARDIANS
Sec. 155.101 [111.041].
STANDARDS FOR CERTAIN GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP.
Sec. 155.102. Substantially
the same as introduced version, but makes a technical correction.
Sec. 155.103 [111.0421].
PROVISIONAL CERTIFICATE.
Sec. 155.104 [111.043].
INFORMATION FROM PRIVATE PROFESSIONAL GUARDIANS.
Sec. 155.105 [111.044].
ANNUAL DISCLOSURE.
|
SECTION 1.06. Subtitle K,
Title 2, Government Code, as added by this Act, is amended by adding
Chapter 156, and a heading is added to that chapter to read as follows:
CHAPTER 156. PROCESS
SERVER CERTIFICATION
|
SECTION 1.06. Subtitle K,
Title 2, Government Code, as added by this Act, is amended by adding
Chapter 156 to read as follows:
CHAPTER 156. PROCESS
SERVER CERTIFICATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 156.001. DEFINITION. In this chapter, "advisory
board" means the Process Server Certification Advisory Board.
SUBCHAPTER B. PROCESS SERVER CERTIFICATION ADVISORY BOARD
Sec. 156.051. ORGANIZATION. (a) The Process Server Certification
Advisory Board is established as an advisory board to the commission. The
advisory board is composed of at least five members appointed by the
supreme court.
(b) Appointments to the advisory board shall be made without regard
to the race, color, disability, sex, religion, age, or national origin of
the appointees.
(c) The supreme court shall appoint a presiding officer of the
advisory board from among the advisory board members to serve for two
years.
(d) A majority of the advisory board constitutes a quorum.
(e) Advisory board members serve staggered six-year terms as ordered
by the supreme court.
(f) If a vacancy occurs on the advisory board, the supreme court
shall appoint a person to serve the remainder of the term.
(g) Advisory board members serve without compensation but are
entitled to reimbursement for travel expenses and other actual and
necessary expenses incurred in the performance of official advisory board
duties, as provided by the General Appropriations Act.
|
SECTION 1.07. Section
51.008, Government Code, is transferred to Chapter 156, Government Code, as
added by this Act, redesignated as Section 156.001, Government Code, and
amended.
|
SECTION 1.07. Substantially
the same as introduced version.
|
SECTION 1.08. Subchapter C,
Chapter 57, Government Code, is transferred to Subtitle K, Title 2,
Government Code, as added by this Act, redesignated as Chapter 157,
Government Code, and amended to read as follows:
CHAPTER 157 [SUBCHAPTER
C]. COURT INTERPRETERS LICENSING [FOR INDIVIDUALS WHO DO NOT
COMMUNICATE IN ENGLISH]
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 157.001 [57.041].
DEFINITIONS.
SUBCHAPTER B. LICENSED
COURT INTERPRETER ADVISORY BOARD
Sec. 157.051 [57.042].
LICENSED COURT INTERPRETER ADVISORY BOARD. (a) The licensed court
interpreter advisory board is established as an advisory board to the
commission. The advisory board is composed of nine members appointed by the [presiding
officer of the] commission[,
with the commission's approval]. Members of the advisory board
serve staggered six-year terms, with the
terms of one-third of the members expiring on February 1 of each
odd-numbered year.
(b) The advisory board is composed of:
(1)
an active district, county, or statutory county court judge who has been a
judge for at least the three years preceding the date of appointment;
(2)
an active court administrator who has been a court administrator for at
least the three years preceding the date of appointment;
(3)
an active attorney who has been a practicing member of the state bar for at
least the three years preceding the date of appointment;
(4)
three active licensed court interpreters; and
(5)
three public members who are residents of this state.
(c) The [presiding
officer of the] commission[,
with the commission's approval,] shall select from the advisory
board members a presiding officer of the advisory board to serve for
two years.
(d) Members shall be
appointed without regard to race, color, disability, sex, religion, age,
or national [ethnic] origin. The membership of the advisory
board must reflect the geographical and cultural diversity of the state.
(e) The [presiding officer
of the] commission[, with the
commission's approval,] may remove a member of the advisory
board for inefficiency or neglect of duty in office. If a vacancy occurs on the advisory board, [the
presiding officer of] the commission[, with the commission's
approval,] shall appoint a member who represents the same interests as
the former member to serve the unexpired term.
(f)
The advisory board shall meet at least twice a year at the call of
the commission [presiding officer at a place designated by the
presiding officer]. A majority of the advisory board
constitutes a quorum.
(g) The advisory
board shall advise the commission regarding the adoption of rules and the
design of a licensing examination.
(h) An advisory [A]
board member is entitled to reimbursement for expenses incurred in
attending meetings of the advisory board in the amount of the per
diem set by the General Appropriations Act. A member may not receive
compensation for the member's services as an advisory [a]
board member. Service on the advisory
board by a member appointed under Subsection (b)(1) is an additional duty
required by the member's other official capacity, and that service on the advisory
board is not a dual office holding.
SUBCHAPTER C. LICENSE
ISSUANCE
Sec. 157.101 [57.043].
ISSUANCE OF LICENSE; TERM.
Sec. 157.102 [57.044].
COURT INTERPRETER LICENSE.
[Sec. 57.045. FEES.]
Sec. 157.103 [57.046].
EXAMINATIONS.
Sec. 157.104 [57.047].
COMMISSION [DEPARTMENT] DUTIES; INSPECTIONS.
Sec. 157.105 [57.048].
SUSPENSION AND REVOCATION OF LICENSES; REISSUANCE.
Sec. 157.106 [57.049].
PROHIBITED ACTS.
Sec. 157.107 [57.050].
OFFENSE; ADMINISTRATIVE PENALTY.
[Sec. 57.051. SUNSET.]
|
SECTION 1.08. Subchapter C,
Chapter 57, Government Code, is transferred to Subtitle K, Title 2,
Government Code, as added by this Act, redesignated as Chapter 157,
Government Code, and amended to read as follows:
CHAPTER 157 [SUBCHAPTER
C]. COURT INTERPRETERS LICENSING [FOR INDIVIDUALS WHO DO NOT
COMMUNICATE IN ENGLISH]
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 157.001 [57.041].
DEFINITIONS.
SUBCHAPTER B. LICENSED
COURT INTERPRETER ADVISORY BOARD
Sec. 157.051 [57.042].
LICENSED COURT INTERPRETER ADVISORY BOARD. (a) The licensed court
interpreter advisory board is established as an advisory board to the
commission. The advisory board is composed of at least five [nine] members appointed by the supreme court [presiding officer of
the commission, with the commission's approval]. Members of the advisory
board serve staggered six-year terms as
ordered by the supreme court[,
with the terms of one-third of the members expiring on February 1 of each odd-numbered
year].
(b) [The advisory board is composed of:
[(1)
an active district, county, or statutory county court judge who has been a
judge for at least the three years preceding the date of appointment;
[(2)
an active court administrator who has been a court administrator for at
least the three years preceding the date of appointment;
[(3)
an active attorney who has been a practicing member of the state bar for at
least the three years preceding the date of appointment;
[(4)
three active licensed court interpreters; and
[(5)
three public members who are residents of this state.
[(c)] The supreme court [presiding officer of
the commission, with the commission's approval,] shall select from the advisory
board members a presiding officer of the advisory board to serve for
two years.
(c) [(d)]
Members shall be appointed without regard to race, color, disability,
sex, religion, age, or national [ethnic] origin. The
membership of the advisory board must reflect the geographical and
cultural diversity of the state.
(d) [(e)] The supreme court [presiding officer of
the commission, with the commission's approval,] may remove a member of
the advisory board for inefficiency or neglect of duty in office[. If a vacancy occurs on the board, the
presiding officer of the commission, with the commission's approval, shall
appoint a member who represents the same interests as the former member to
serve the unexpired term].
(e) [(f) The board shall
meet at least twice a year at the call of the presiding officer at a place
designated by the presiding officer.] A majority of the advisory
board constitutes a quorum.
(f) [(g)] The advisory
board shall advise the commission regarding the adoption of rules and the
design of a licensing examination.
(g) An advisory [(h)
A] board member is entitled to reimbursement for travel expenses and other actual and necessary
expenses incurred in attending meetings of the advisory board in the
amount of the per diem set by the General Appropriations Act. A member may
not receive compensation for the member's services as an advisory [a]
board member. [Service on the board by a
member appointed under Subsection (b)(1) is an additional duty required by
the member's other official capacity, and that service on the board is not
a dual office holding.]
SUBCHAPTER C. LICENSE
ISSUANCE
Sec. 157.101 [57.043].
ISSUANCE OF LICENSE; TERM.
Sec. 157.102 [57.044].
COURT INTERPRETER LICENSE.
[Sec. 57.045. FEES.]
Sec. 157.103 [57.046].
EXAMINATIONS.
Sec. 157.104 [57.047].
COMMISSION [DEPARTMENT] DUTIES; INSPECTIONS.
Sec. 157.105 [57.048].
SUSPENSION AND REVOCATION OF LICENSES; REISSUANCE.
Sec. 157.106 [57.049].
PROHIBITED ACTS.
Sec. 157.107 [57.050].
OFFENSE; ADMINISTRATIVE PENALTY.
[Sec. 57.051. SUNSET.]
|
ARTICLE 2. CONFORMING
CHANGES
|
ARTICLE 2. CONFORMING
CHANGES
|
SECTION 2.01. Article
38.30(a-1), Code of Criminal Procedure, is amended.
|
SECTION 2.01. Same as
introduced version.
|
SECTION 2.02. Section
61.0513, Education Code, is amended.
|
SECTION 2.02. Substantially
the same as introduced version.
|
SECTION 2.03. Section
132.055(b)(1), Education Code, is.
|
SECTION 2.03. Same as
introduced version.
|
SECTION 2.04. Section
1002.014, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.04. Same as introduced
version.
|
SECTION 2.05. Section
1002.016, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.05. Same as
introduced version.
|
SECTION 2.06. Section
1002.025, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.06. Same as
introduced version.
|
SECTION 2.07. Section
1101.001(b), Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.07. Same as
introduced version.
|
SECTION 2.08. Section
1104.251(a), Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.08. Same as
introduced version.
|
SECTION 2.09. Section
1104.252, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.09. Same as
introduced version.
|
SECTION 2.10. Section
1104.253, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.10. Same as
introduced version.
|
SECTION 2.11. Section
1104.255, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.11. Same as
introduced version.
|
SECTION 2.12. Section
1104.256, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.12. Same as
introduced version.
|
SECTION 2.13. Section
1104.257, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.13. Same as
introduced version.
|
SECTION 2.14. Section
1104.258, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.14. Same as
introduced version.
|
SECTION 2.15. Section
1104.303(a), Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.15. Same as
introduced version.
|
SECTION 2.16. Section
1104.306, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.16. Same as
introduced version.
|
SECTION 2.17. Section
1104.404(a), Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.17. Same as
introduced version.
|
SECTION 2.18. Section
1104.407, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.18. Substantially
the same as introduced version, but makes a technical correction.
|
SECTION 2.19. Section
1104.408, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.19. Same as
introduced version.
|
SECTION 2.20. Section
1104.410, Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.20. Same as
introduced version.
|
SECTION 2.21. Section
1203.052(b), Estates Code, as effective January 1, 2014, is amended.
|
SECTION 2.21. Same as
introduced version.
|
SECTION 2.22. Section
1251.003(b), Estates Code, as effective January 1, 2014, is.
|
SECTION 2.22. Same as
introduced version.
|
SECTION 2.23. Sections
57.001(1), (2), and (3), Government Code, are amended to read as follows:
(1) "Certified court
interpreter" means an individual who is a qualified interpreter as
defined in Article 38.31, Code of Criminal Procedure, or Section 21.003,
Civil Practice and Remedies Code, or certified under Subchapter B by the
Department of Aging and Disability [Assistive and Rehabilitative]
Services to interpret court proceedings for a hearing-impaired individual.
(2) "Department"
means the Department of Aging and Disability [Assistive and
Rehabilitative] Services.
(3) "Commissioner"
means the commissioner of the department [Department of Assistive
and Rehabilitative Services].
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No
equivalent provision.
|
SECTION 2.24. Section
411.081(i), Government Code, is amended to read as follows:
(i) A criminal justice
agency may disclose criminal history record information that is the subject
of an order of nondisclosure under Subsection (d) to the following
noncriminal justice agencies or entities only:
(1) the State Board for
Educator Certification;
(2) a school district,
charter school, private school, regional education service center,
commercial transportation company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the
Blind and Visually Impaired;
(5) the Board of Law
Examiners;
(6) the State Bar of Texas;
(7) a district court
regarding a petition for name change under Subchapter B, Chapter 45, Family
Code;
(8) the Texas School for the
Deaf;
(9) the Department of Family
and Protective Services;
(10) the Texas Juvenile
Justice Department [Youth Commission];
(11) the Department of
Assistive and Rehabilitative Services;
(12) the Department of State
Health Services, a local mental health service, a local mental retardation
authority, or a community center providing services to persons with mental
illness or retardation;
(13) the Texas Private
Security Board;
(14) a municipal or
volunteer fire department;
(15) the Texas Board of
Nursing;
(16) a safe house providing
shelter to children in harmful situations;
(17) a public or nonprofit
hospital or hospital district;
(18) [the Texas Juvenile
Probation Commission;
[(19)] the securities
commissioner, the banking commissioner, the savings and mortgage lending
commissioner, the consumer credit commissioner, or the credit union
commissioner;
(19) [(20)]
the Texas State Board of Public Accountancy;
(20) [(21)]
the Texas Department of Licensing and Regulation;
(21) [(22)]
the Health and Human Services Commission;
(22) [(23)]
the Department of Aging and Disability Services;
(23) [(24)] the
Texas Education Agency;
(24) the guardianship certification program of
the Judicial Branch Certification Commission [(25) the Guardianship
Certification Board];
(25) [(26)] a
county clerk's office in relation to a proceeding for the appointment of a
guardian under Chapter XIII, Texas Probate Code;
(26) [(27)]
the Department of Information Resources but only regarding an employee,
applicant for employment, contractor, subcontractor, intern, or volunteer
who provides network security services under Chapter 2059 to:
(A) the Department of
Information Resources; or
(B) a contractor or
subcontractor of the Department of Information Resources;
(27) [(28) the
Court Reporters Certification Board;
[(29)] the Texas
Department of Insurance; and
(28) [(30)] the
Teacher Retirement System of Texas.
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SECTION 2.23. Section
411.081(i), Government Code, is amended to read as follows:
(i) A criminal justice
agency may disclose criminal history record information that is the subject
of an order of nondisclosure under Subsection (d) to the following
noncriminal justice agencies or entities only:
(1) the State Board for
Educator Certification;
(2) a school district,
charter school, private school, regional education service center,
commercial transportation company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the
Blind and Visually Impaired;
(5) the Board of Law
Examiners;
(6) the State Bar of Texas;
(7) a district court
regarding a petition for name change under Subchapter B, Chapter 45, Family
Code;
(8) the Texas School for the
Deaf;
(9) the Department of Family
and Protective Services;
(10) the Texas Juvenile
Justice Department [Youth Commission];
(11) the Department of
Assistive and Rehabilitative Services;
(12) the Department of State
Health Services, a local mental health service, a local mental retardation
authority, or a community center providing services to persons with mental
illness or retardation;
(13) the Texas Private
Security Board;
(14) a municipal or
volunteer fire department;
(15) the Texas Board of
Nursing;
(16) a safe house providing
shelter to children in harmful situations;
(17) a public or nonprofit
hospital or hospital district;
(18) [the Texas Juvenile
Probation Commission;
[(19)] the securities
commissioner, the banking commissioner, the savings and mortgage lending
commissioner, the consumer credit commissioner, or the credit union
commissioner;
(19) [(20)]
the Texas State Board of Public Accountancy;
(20) [(21)]
the Texas Department of Licensing and Regulation;
(21) [(22)]
the Health and Human Services Commission;
(22) [(23)]
the Department of Aging and Disability Services;
(23) [(24)]
the Texas Education Agency;
(24) the Judicial Branch
Certification Commission [(25) the Guardianship Certification Board];
(25) [(26)] a
county clerk's office in relation to a proceeding for the appointment of a
guardian under Chapter XIII, Texas Probate Code;
(26) [(27)]
the Department of Information Resources but only regarding an employee,
applicant for employment, contractor, subcontractor, intern, or volunteer
who provides network security services under Chapter 2059 to:
(A) the Department of
Information Resources; or
(B) a contractor or
subcontractor of the Department of Information Resources;
(27) [(28) the
Court Reporters Certification Board;
[(29)] the Texas
Department of Insurance; and
(28) [(30)]
the Teacher Retirement System of Texas.
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SECTION 2.25. Sections
411.1386(a-4), (a-6), (d), and (f), Government Code, are amended.
|
SECTION 2.24. Same as
introduced version.
|
SECTION 2.26. Section
411.1403, Government Code, is amended to read as follows:
Sec. 411.1403. ACCESS TO
CRIMINAL HISTORY RECORD INFORMATION: JUDICIAL BRANCH [COURT
REPORTERS] CERTIFICATION COMMISSION [BOARD]. (a) In
this section, "commission" ["board"]
means the Judicial Branch [Court Reporters] Certification Commission
[Board] established under Chapter 152 [52].
(b) The commission [board]
is entitled to obtain from the department criminal history record information
maintained by the department that relates to a person who is an applicant
for or the holder of a certification issued by the commission [board].
(c) Criminal history record
information obtained by the commission [board] under
Subsection (b):
(1) may be used by the commission
[board] for any purpose related to the issuance, denial, suspension,
revocation, or renewal of a certification issued by the commission [board];
(2) may not be released or
disclosed to any person except on court order or with the consent of the
person who is the subject of the information; and
(3) shall be destroyed by
the commission [board] after the information is used for the
authorized purposes.
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No
equivalent provision.
|
SECTION 2.27. Section
411.1408, Government Code, is amended to read as follows:
Sec. 411.1408. ACCESS TO
CRIMINAL HISTORY RECORD INFORMATION: GUARDIANSHIP CERTIFICATION PROGRAM
OF JUDICIAL BRANCH CERTIFICATION COMMISSION [BOARD]. (a) In
this section, "commission" ["board"]
means the guardianship certification
program of the Judicial Branch Certification Commission [Guardianship
Certification Board] established under Chapter 155 [111].
(b) The commission [board]
is entitled to obtain from the department criminal history record
information maintained by the department that relates to a person who is an
applicant for or the holder of a certificate issued by the commission
[board].
(c) Criminal history record
information obtained by the commission [board] under
Subsection (b):
(1) may be used by the commission
[board] for any purpose related to the issuance, denial, suspension,
revocation, or renewal of a certificate issued by the commission [board];
(2) may not be released or
disclosed to any person except:
(A) on court order;
(B) with the consent of the
person who is the subject of the information; or
(C) as authorized by Section
411.1386(a-6) of this code or Section 698(a-6), Texas Probate Code; and
(3) shall be destroyed by
the commission [board] after the information is used for the
authorized purposes.
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SECTION 2.25. Section
411.1408, Government Code, is amended to read as follows:
Sec. 411.1408. ACCESS TO
CRIMINAL HISTORY RECORD INFORMATION: JUDICIAL BRANCH CERTIFICATION
COMMISSION [GUARDIANSHIP CERTIFICATION BOARD]. (a) In this
section, "commission" ["board"] means the
Judicial Branch Certification Commission [Guardianship
Certification Board] established under Chapter 152 [111].
(b) The commission [board]
is entitled to obtain from the department criminal history record
information maintained by the department that relates to a person who is an
applicant for or the holder of a certificate, registration, or license issued by the commission or otherwise under Subtitle K, Title 2 [board].
(c) Criminal history record
information obtained by the commission [board] under
Subsection (b):
(1) may be used by the commission
[board] for any purpose related to the issuance, denial, suspension,
revocation, or renewal of a certificate, registration,
or license issued by the commission or otherwise under Subtitle K, Title 2 [board];
(2) may not be released or
disclosed to any person except:
(A) on court order;
(B) with the consent of the
person who is the subject of the information; or
(C) as authorized by Section
411.1386(a-6) of this code or Section 698(a-6), Texas Probate Code, if applicable; and
(3) shall be destroyed by
the commission [board] after the information is used for the
authorized purposes.
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SECTION 2.28. Section
2054.352(a), Government Code, is amended.
|
SECTION 2.26. Same as
introduced version.
|
SECTION 2.29. Section
161.114(c), Human Resources Code, is amended.
|
SECTION 2.27. Same as
introduced version.
|
SECTION 2.30. Section
151.353(a), Tax Code, is amended.
|
SECTION 2.28. Same as
introduced version.
|
ARTICLE 3. REPEALER, TRANSITION,
AND EFFECTIVE DATE
|
ARTICLE 3. REPEALER,
TRANSITION, AND EFFECTIVE DATE
|
SECTION 3.01. The following
provisions of the Government Code are repealed:
(1) Sections 52.001(a)(1),
(2), (2-a), and (7);
(2) Sections 52.002, 52.003,
52.0112, 52.012, 52.0121, 52.013, 52.0131, 52.014, 52.015, 52.016, 52.0165,
52.017, 52.0175, 52.018, and 52.0185;
(3) the heading to
Subchapter B, Chapter 52;
(4) Section 57.001(5);
(5) Sections 72.013 and 72.014; and
(6) Subchapter F, Chapter
72.
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SECTION 3.01. The following
provisions of the Government Code are repealed:
(1) Sections 52.001(a)(1),
(2), (2-a), and (7);
(2) Sections 52.002, 52.003,
52.0112, 52.012, 52.0121, 52.013, 52.0131, 52.014, 52.015, 52.016, 52.0165,
52.017, 52.0175, 52.018, and 52.0185;
(3) the heading to
Subchapter B, Chapter 52;
(4) Section 57.001(5);
(5) Section 72.013;
(6) Subchapter F, Chapter
72; and
(7)
Section 411.1403.
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SECTION 3.02. (a) In
appointing the initial members of the Judicial Branch Certification
Commission created under Chapter 152, Government Code, as added by this
Act, the Supreme Court of Texas shall appoint three members to terms
expiring February 1, 2015, three
members to terms expiring February 1, 2017,
and three members to terms expiring February 1, 2019.
(b) The Supreme Court of
Texas shall adopt rules, procedures, and forms the supreme court determines
are necessary to implement Subtitle K, Title 2, Government Code, as added
by this Act, not later than January 1,
2014.
(c) On January 1, 2014:
(1) the Judicial Branch
Certification Commission is created;
(2) the Court Reporters
Certification Board, Guardianship Certification Board, and process server
review board are abolished;
(3) the powers, duties,
functions, programs, and activities of the Court Reporters Certification
Board, Guardianship Certification Board, and process server review board
and of the Texas Commission of Licensing and Regulation and the Texas
Department of Licensing and Regulation related to licensed court
interpreters are transferred to the Judicial Branch Certification
Commission;
(4) an employee of the Court
Reporters Certification Board, Guardianship Certification Board, or process
server review board becomes an employee of the Judicial Branch Certification Commission;
(5) all obligations and
contracts of the Court Reporters Certification Board, Guardianship
Certification Board, and process server review board and of the Texas
Commission of Licensing and Regulation and the Texas Department of
Licensing and Regulation related to licensed court interpreters are
transferred to the Judicial Branch
Certification Commission;
(6) all property and records
in the custody of the Court Reporters Certification Board, Guardianship
Certification Board, and process server review board and of the Texas
Commission of Licensing and Regulation and the Texas Department of
Licensing and Regulation related to licensed court interpreters shall be
transferred to the Judicial Branch
Certification Commission;
(7) all complaints,
investigations, or contested cases that are pending before the Court
Reporters Certification Board, Guardianship Certification Board, and
process server review board and of the Texas Commission of Licensing and
Regulation and the Texas Department of Licensing and Regulation related to
licensed court interpreters are transferred without change in status to the
Judicial Branch Certification Commission;
(8) a rule or form adopted
by the Supreme Court of Texas or the Texas Commission of Licensing and
Regulation related to a profession regulated under Subtitle K, Title 2,
Government Code, as added by this Act, remains in effect until altered by
the supreme court;
(9) except as otherwise
provided by this Act, a reference in law to the Court Reporters
Certification Board, Guardianship Certification Board, or process server
review board means the Judicial Branch Certification Commission; and
(10) a license,
certification, or registration in effect that was issued by the Court
Reporters Certification Board, Guardianship Certification Board, process
server review board, or Texas Department of Licensing and Regulation
related to professions regulated under Subtitle K, Title 2, Government
Code, as added by this Act, is continued in effect as a license,
certification, or registration of the Judicial Branch Certification
Commission.
(d) The abolition of the
Court Reporters Certification Board, Guardianship Certification Board, and
process server review board and the transfer of powers, duties, functions,
programs, activities, obligations, rights, contracts, records, property,
funds, and employees as provided by this Act do not affect or impair an act
done, any obligation, right, order, permit, certificate, rule, criterion,
standard, or requirement existing, or any penalty accrued under former law,
and that law remains in effect for any action concerning those matters.
(e) Subsections (a) and (b)
of this section take effect September 1, 2013.
|
SECTION 3.02. (a) In
appointing the initial members of the Judicial Branch Certification
Commission created under Chapter 152, Government Code, as added by this
Act, the Supreme Court of Texas shall appoint three members to terms
expiring February 1, 2017, three
members to terms expiring February 1, 2019,
and three members to terms expiring February 1, 2021.
(b) The Supreme Court of
Texas shall adopt rules, procedures, and forms the supreme court determines
are necessary to implement Subtitle K, Title 2, Government Code, as added
by this Act, not later than September
1, 2014.
(c) On September 1, 2014:
(1) the Judicial Branch
Certification Commission is created;
(2) the Court Reporters
Certification Board, Guardianship Certification Board, and process server
review board are abolished;
(3) the powers, duties,
functions, programs, and activities of the Court Reporters Certification
Board, Guardianship Certification Board, and process server review board
and of the Texas Commission of Licensing and Regulation and the Texas
Department of Licensing and Regulation related to licensed court
interpreters are transferred to the Judicial Branch Certification
Commission;
(4) an employee of the Court
Reporters Certification Board, Guardianship Certification Board, or process
server review board becomes an employee of the Office of Court Administration of the Texas Judicial System;
(5) all obligations and
contracts of the Court Reporters Certification Board, Guardianship
Certification Board, and process server review board and of the Texas
Commission of Licensing and Regulation and the Texas Department of
Licensing and Regulation related to licensed court interpreters are
transferred to the Office of Court
Administration of the Texas Judicial System;
(6) all property and records
in the custody of the Court Reporters Certification Board, Guardianship
Certification Board, and process server review board and of the Texas
Commission of Licensing and Regulation and the Texas Department of
Licensing and Regulation related to licensed court interpreters shall be
transferred to the Office of Court
Administration of the Texas Judicial System;
(7) all complaints,
investigations, or contested cases that are pending before the Court
Reporters Certification Board, Guardianship Certification Board, and
process server review board and of the Texas Commission of Licensing and
Regulation and the Texas Department of Licensing and Regulation related to
licensed court interpreters are transferred without change in status to the
Judicial Branch Certification Commission;
(8) a rule, form, or fee adopted by the Supreme Court of Texas
or the Texas Commission of Licensing and Regulation related to a profession
regulated under Subtitle K, Title 2, Government Code, as added by this Act,
remains in effect until altered by the supreme court;
(9) except as otherwise
provided by this Act, a reference in law to the Court Reporters
Certification Board, Guardianship Certification Board, or process server
review board means the Judicial Branch Certification Commission; and
(10) a license,
certification, or registration in effect that was issued by the Court
Reporters Certification Board, Guardianship Certification Board, process
server review board, or Texas Department of Licensing and Regulation
related to professions regulated under Subtitle K, Title 2, Government
Code, as added by this Act, is continued in effect as a license,
certification, or registration of the Judicial Branch Certification
Commission.
(d) The abolition of the
Court Reporters Certification Board, Guardianship Certification Board, and
process server review board and the transfer of powers, duties, functions,
programs, activities, obligations, rights, contracts, records, property,
funds, and employees as provided by this Act do not affect or impair an act
done, any obligation, right, order, permit, certificate, rule, criterion,
standard, or requirement existing, or any penalty accrued under former law,
and that law remains in effect for any action concerning those matters.
(e) Subsections (a) and (b)
of this section take effect September 1, 2013.
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SECTION 3.03. Except as
otherwise provided by this Act, this Act takes effect January 1, 2014.
|
SECTION 3.03. Except as
otherwise provided by this Act, this Act takes effect September 1, 2014.
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