|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to creation of the Judicial Branch Certification |
|
Commission and the consolidation of judicial profession |
|
regulation; imposing penalties; authorizing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. JUDICIAL BRANCH CERTIFICATION COMMISSION |
|
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. In this subtitle: |
|
(1) "Certification" means a certification issued by |
|
the commission. |
|
(2) "Commission" means the Judicial Branch |
|
Certification Commission. |
|
(3) "Director" means the administrative director of |
|
the office. |
|
(4) "License" means a license issued by the |
|
commission. |
|
(5) "Office" means the Office of Court Administration |
|
of the Texas Judicial System. |
|
(6) "Registration" means a registration issued by the |
|
commission. |
|
(7) "Regulated person" means a person who holds a |
|
certification, registration, or license issued by the commission. |
|
CHAPTER 152. JUDICIAL BRANCH CERTIFICATION COMMISSION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 152.001. SUNSET PROVISION. The Judicial Branch |
|
Certification Commission is subject to Chapter 325 (Texas Sunset |
|
Act), but is not abolished under that chapter. The commission shall |
|
be reviewed during the period in which state agencies abolished in |
|
2019 and every 12th year after 2019 are reviewed. |
|
SUBCHAPTER B. COMMISSION |
|
Sec. 152.051. ESTABLISHMENT OF COMMISSION. The Judicial |
|
Branch Certification Commission is established to oversee the |
|
regulatory programs assigned to it by state law or by the supreme |
|
court. |
|
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. (a) In this section, |
|
"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. |
|
(b) A person is not eligible for appointment as a member of |
|
the commission if the person or the person's spouse: |
|
(1) is employed by or participates in the management |
|
of a business entity or other organization receiving funds from the |
|
commission; |
|
(2) owns or controls, directly or indirectly, more |
|
than a 10 percent interest in a business entity or other |
|
organization receiving funds from the commission; or |
|
(3) uses or receives a substantial amount of tangible |
|
goods, services, or funds from the commission, other than |
|
compensation or reimbursement authorized by law for commission |
|
membership, attendance, or expenses. |
|
(c) A person may not serve as a member of the commission or |
|
act as the general counsel to the commission if the person is |
|
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 commission. |
|
(d) A person may not be a member of the commission and may |
|
not be a commission 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.), if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the legal profession; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the legal profession. |
|
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. The supreme court shall |
|
designate a member of the commission as presiding officer of the |
|
commission to serve in that capacity at the pleasure of the supreme |
|
court. |
|
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. (a) The commission shall meet at |
|
least once in each quarter of the fiscal year. |
|
(b) The commission may meet at other times at the call of the |
|
presiding officer or as provided by commission rules. |
|
Sec. 152.059. PUBLIC TESTIMONY. The commission shall |
|
develop and implement policies that provide the public with a |
|
reasonable opportunity to appear before the commission and to speak |
|
on any issue under the jurisdiction of the commission. |
|
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. (a) Subject to any rules related to ethics or |
|
professional conduct promulgated by the supreme court, the supreme |
|
court may not adopt rules restricting advertising or competitive |
|
bidding by a holder of a certification, registration, or license |
|
except to prohibit false, misleading, or deceptive practices. |
|
(b) In its rules to prohibit false, misleading, or deceptive |
|
practices, the supreme court may not include a rule that: |
|
(1) restricts the use of any medium for advertising; |
|
(2) restricts the use of a regulated person's personal |
|
appearance or voice in an advertisement; |
|
(3) relates to the size or duration of an |
|
advertisement by the regulated person; or |
|
(4) restricts the regulated person's advertisement |
|
under a trade name. |
|
Sec. 152.103. ADMINISTRATIVE ATTACHMENT. (a) The |
|
commission is administratively attached to the office. |
|
(b) Notwithstanding any other law, the office shall: |
|
(1) provide administrative assistance, services, and |
|
materials to the commission, including budget planning and |
|
purchasing; |
|
(2) accept, deposit, and disburse money made available |
|
to the commission; |
|
(3) reimburse the travel expenses and other actual and |
|
necessary expenses of commission members incurred in the |
|
performance of official commission duties, as provided by the |
|
General Appropriations Act; and |
|
(4) provide the commission with adequate computer |
|
equipment and support. |
|
Sec. 152.104. DIRECTOR. The director shall: |
|
(1) perform any duty assigned by the commission and |
|
other duties specified by law; and |
|
(2) administer and enforce the commission's programs. |
|
Sec. 152.105. DIVISION OF RESPONSIBILITIES. The commission |
|
shall develop and implement policies that clearly separate the |
|
policy-making responsibilities of the commission and the |
|
management responsibilities of the director and the staff of the |
|
office. |
|
Sec. 152.106. USE OF TECHNOLOGY. The commission shall |
|
implement a policy requiring the commission to use appropriate |
|
technological solutions to improve the commission's ability to |
|
perform its functions. The policy must ensure that the public is |
|
able to interact with the commission on the Internet. |
|
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. (a) The commission shall |
|
establish methods by which consumers are notified of the name, |
|
mailing address, and telephone number of the commission for the |
|
purpose of directing complaints about persons regulated under this |
|
subtitle to the commission. |
|
(b) The commission shall list with its regular telephone |
|
number any toll-free telephone number established under other state |
|
law that may be called to present a complaint about a person |
|
regulated under this subtitle. |
|
Sec. 152.110. RECORDS OF COMPLAINTS. (a) The commission |
|
shall maintain a file on each written complaint filed with the |
|
commission under this subtitle. The file must include: |
|
(1) the name of the person who filed the complaint; |
|
(2) the date the complaint is received by the |
|
commission; |
|
(3) the subject matter of the complaint; |
|
(4) the name of each person contacted in relation to |
|
the complaint; |
|
(5) a summary of the results of the review or |
|
investigation of the complaint; and |
|
(6) an explanation of the reason the file was closed, |
|
if the commission closed the file without taking action other than |
|
to investigate the complaint. |
|
(b) The commission shall provide to the person filing the |
|
complaint and to each person who is a subject of the complaint a |
|
copy of the commission's policies and procedures relating to |
|
complaint investigation and resolution. A person who reports a |
|
complaint by telephone shall be given information on how to file a |
|
written complaint. |
|
(c) The commission, at least quarterly and until final |
|
disposition of the complaint, shall notify the person filing the |
|
complaint and each person who is a subject of the complaint of the |
|
status of the investigation unless the notice would jeopardize an |
|
ongoing investigation. |
|
Sec. 152.111. COMPLAINT DISMISSAL. (a) The commission may |
|
adopt a policy allowing office employees to dismiss complaints |
|
that: |
|
(1) clearly do not allege misconduct; or |
|
(2) are not within the commission's jurisdiction. |
|
(b) Office employees shall inform the commission of all |
|
dismissals made under this section. |
|
(c) A person who files a complaint that is dismissed under |
|
this section may request that the commission reconsider the |
|
complaint. |
|
Sec. 152.112. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. |
|
(a) The commission shall develop and implement a policy to |
|
encourage the use of appropriate alternative dispute resolution |
|
procedures to assist in the resolution of internal and external |
|
disputes under the commission's jurisdiction. |
|
(b) The procedures relating to alternative dispute |
|
resolution under this section must conform, to the extent possible, |
|
to any model guidelines issued by the State Office of |
|
Administrative Hearings for the use of alternative dispute |
|
resolution by state agencies. |
|
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. (a) Not later than the 30th |
|
day after the date a person takes an examination, the commission |
|
shall notify the person of the results of the examination. |
|
(b) If the examination is graded or reviewed by a testing |
|
service: |
|
(1) the commission shall notify the person of the |
|
results of the examination not later than the 30th day after the |
|
date the commission receives the results from the testing service; |
|
and |
|
(2) if notice of the examination results will be |
|
delayed for longer than 90 days after the examination date, the |
|
commission shall notify the person of the reason for the delay |
|
before the 90th day. |
|
(c) The commission may require a testing service to: |
|
(1) notify a person of the results of the person's |
|
examination; or |
|
(2) collect a fee for administering an examination |
|
from a person taking the examination. |
|
(d) If requested in writing by a person who fails an |
|
examination, the commission shall furnish the person with an |
|
analysis of the person's performance on the examination. |
|
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. The supreme court |
|
shall adopt rules on applicants' ineligibility for certification, |
|
registration, or licensing under this subtitle based on the |
|
person's criminal history or other information that indicates the |
|
person lacks the honesty, trustworthiness, or integrity to hold the |
|
certification, registration, or license. |
|
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. (a) The commission shall |
|
develop and recommend to the supreme court for adoption by rule a |
|
code of ethics for persons regulated under this subtitle. In |
|
developing the code of ethics, the commission may use the codes of |
|
ethics adopted by state or national associations as models. |
|
(b) The commission shall publish the code of ethics after |
|
adoption by the supreme court. |
|
(c) After publishing the code of ethics, the commission |
|
shall propose to the supreme court a rule stating that a person who |
|
violates the code of ethics is subject to an administrative penalty |
|
assessed under Chapter 153. |
|
(d) The commission shall update the code of ethics as |
|
necessary to reflect changes in technology or other factors |
|
affecting a profession regulated under this subtitle. |
|
CHAPTER 153. COMMISSION ENFORCEMENT |
|
SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS |
|
Sec. 153.001. INVESTIGATIONS. The commission may conduct |
|
investigations as necessary to enforce the laws administered by the |
|
commission. |
|
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. (a) The commission may apply to |
|
a district court in any county for an injunction to restrain a |
|
violation of this subtitle or a rule adopted under this subtitle by |
|
a person. |
|
(b) At the request of the commission, the attorney general |
|
shall initiate and conduct an action in a district court in the |
|
state's name to obtain an injunction under this section. |
|
(c) If the state prevails in a suit under this section, the |
|
attorney general may recover on behalf of the state reasonable |
|
attorney's fees, court costs, and reasonable investigative costs |
|
incurred in relation to the proceeding. |
|
SUBCHAPTER B. ADMINISTRATIVE PENALTY; ADMINISTRATIVE SANCTION |
|
Sec. 153.051. IMPOSITION OF PENALTY. (a) The commission |
|
may impose an administrative penalty on a person regulated under |
|
this subtitle who violates this subtitle or a rule or standard |
|
adopted or order issued under this subtitle. |
|
(b) A proceeding under this subchapter imposing an |
|
administrative penalty may be combined with a proceeding to impose |
|
an administrative sanction otherwise imposed under this subtitle. |
|
If an administrative sanction is imposed in a proceeding under this |
|
subchapter, the requirements of this subchapter apply to the |
|
imposition of the sanction. |
|
Sec. 153.052. AMOUNT OF PENALTY. (a) The amount of an |
|
administrative penalty may not exceed $500 for each violation, and |
|
each day a violation continues or occurs is a separate violation for |
|
purposes of imposing a penalty. |
|
(b) The amount shall be based on: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, extent, and gravity of the violation; |
|
(2) the threat to health or safety caused by the |
|
violation; |
|
(3) any previous violations; |
|
(4) the amount necessary to deter a future violation; |
|
(5) whether the violator demonstrated good faith, |
|
including when applicable whether the violator made good faith |
|
efforts to correct the violation; and |
|
(6) any other matter that justice may require. |
|
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. (a) If the person |
|
does not pay the penalty and the enforcement of the penalty is not |
|
stayed in accordance with supreme court rules, the penalty may be |
|
collected. |
|
(b) The attorney general may sue to collect the penalty and |
|
may recover reasonable expenses, including attorney's fees, |
|
incurred in recovering the penalty. |
|
(c) A penalty collected under this subchapter shall be |
|
deposited in the state treasury in the general revenue fund. |
|
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. (a) If |
|
the person paid the penalty and if the amount of the penalty is |
|
reduced or the penalty is not upheld by the special committee, the |
|
special committee shall order that the appropriate amount plus |
|
accrued interest be remitted to the person not later than the 30th |
|
day after the date the judgment of the special committee becomes |
|
final. |
|
(b) The interest accrues at the rate charged on loans to |
|
depository institutions by the New York Federal Reserve Bank. |
|
(c) The interest shall be paid for the period beginning on |
|
the date the penalty is paid and ending on the date the penalty is |
|
remitted. |
|
CHAPTER 154. COURT REPORTERS CERTIFICATION AND SHORTHAND |
|
REPORTING FIRMS REGISTRATION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 154.001. DEFINITIONS. (a) In this chapter: |
|
(1) "Advisory board" means the Court Reporters |
|
Certification Advisory Board. |
|
(2) "Certification" means, notwithstanding Section |
|
151.001, a certification issued by the supreme court on the |
|
commission's recommendation. |
|
(3) "Official court reporter" means the shorthand |
|
reporter appointed by a judge as the official court reporter. |
|
(4) "Shorthand reporter" and "court reporter" mean a |
|
person who engages in shorthand reporting. |
|
(5) "Shorthand reporting" and "court reporting" mean |
|
the practice of shorthand reporting for use in litigation in the |
|
courts of this state by making a verbatim record of an oral court |
|
proceeding, deposition, or proceeding before a grand jury, referee, |
|
or court commissioner using written symbols in shorthand, machine |
|
shorthand, or oral stenography. |
|
(6) "Shorthand reporting firm," "court reporting |
|
firm," and "affiliate office" mean an entity wholly or partly in the |
|
business of providing court reporting or other related services in |
|
this state. |
|
(b) For purposes of Subsection (a)(6), a court reporting |
|
firm, shorthand reporting firm, or affiliate office is considered |
|
to be providing court reporting or other related services in this |
|
state if: |
|
(1) any act that constitutes a court reporting service |
|
or shorthand reporting service occurs wholly or partly in this |
|
state; |
|
(2) the firm or affiliate office recruits a resident |
|
of this state through an intermediary located inside or outside of |
|
this state to provide court reporting services, shorthand reporting |
|
services, or other related services in this state; or |
|
(3) the firm or affiliate office contracts with a |
|
resident of this state by mail or otherwise and either party is to |
|
perform court reporting services, shorthand reporting services, or |
|
other related services wholly or partly in this state. |
|
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 by adding Subchapter B, and a heading is added |
|
to that subchapter to read as follows: |
|
SUBCHAPTER B. COURT REPORTERS CERTIFICATION ADVISORY BOARD |
|
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. (a) A |
|
person may not be appointed an official court reporter or a deputy |
|
court reporter unless the person is certified as a shorthand |
|
reporter by the supreme court. |
|
(b) A person may not engage in shorthand reporting in this |
|
state unless the person is certified as a shorthand reporter by the |
|
supreme court. |
|
(c) A certification issued under this chapter must be for |
|
one or more of the following methods of shorthand reporting: |
|
(1) written shorthand; |
|
(2) machine shorthand; |
|
(3) oral stenography; or |
|
(4) any other method of shorthand reporting authorized |
|
by the supreme court. |
|
(d) A person certified under state law as a court reporter |
|
[this chapter] before September 1, 1983, may retain a general |
|
certification authorizing the person to use any authorized method |
|
of shorthand reporting. The person must keep the certification in |
|
continuous effect. |
|
(e) A person may not assume or use the title or designation |
|
"court recorder," "court reporter," or "shorthand reporter," or any |
|
abbreviation, title, designation, words, letters, sign, card, or |
|
device tending to indicate that the person is a court reporter or |
|
shorthand reporter, unless the person is certified as a shorthand |
|
reporter by the supreme court. Nothing in this subsection shall be |
|
construed to either sanction or prohibit the use of electronic |
|
court recording equipment operated by a noncertified court reporter |
|
pursuant and according to rules adopted or approved by the supreme |
|
court. |
|
(f) Except as provided by Section 154.112 [52.031] and by |
|
Section 20.001, Civil Practice and Remedies Code, all depositions |
|
conducted in this state must be recorded by a certified shorthand |
|
reporter. |
|
(g) The commission [board] may enforce this section by |
|
seeking an injunction or by filing a complaint against a person who |
|
is not certified by the supreme court in the district court of the |
|
county in which that person resides or Travis County. Said action |
|
for an injunction shall be in addition to any other action, |
|
proceeding, or remedy authorized by law. The commission [board] |
|
shall be represented by the attorney general and/or the county or |
|
district attorney of this state, or counsel designated and |
|
empowered by the commission [board]. |
|
(h) A court reporting firm shall register with the |
|
commission [board] by completing an application in a form adopted |
|
by the commission [board]. |
|
(i) Rules applicable to a court reporter are also applicable |
|
to a court reporting firm. The commission [board] may enforce this |
|
subsection by assessing a reasonable fee against a court reporting |
|
firm. This subsection does not apply to court reporting services |
|
performed outside of this state by a foreign shorthand reporter who |
|
is not certified in this state for use in a court proceeding in this |
|
state, provided that the work resulting from those services is |
|
produced and billed wholly outside of this state. |
|
[Sec.
52.0211.
RULES ON CONSEQUENCES OF CRIMINAL
|
|
CONVICTION. (a)
Chapter 53, Occupations Code, applies to an
|
|
applicant for or a holder of a certification or registration under
|
|
this chapter, notwithstanding Section 53.002, Occupations Code.
|
|
[(b)
The supreme court shall adopt rules necessary to comply
|
|
with Chapter 53, Occupations Code.] |
|
Sec. 154.102 [52.022]. APPLICATION FOR EXAMINATION. A |
|
person seeking certification must file an application for |
|
examination with the commission [board] not later than the 30th day |
|
before the date fixed for the examination. The application must be |
|
accompanied by the required fee. |
|
Sec. 154.103 [52.023]. EXAMINATION. (a) The examination |
|
for certification in one or more of the authorized methods of |
|
shorthand reporting consists of two parts, designated Part A and |
|
Part B. |
|
(b) Part A consists of five minutes of two-voice dictation |
|
of questions and answers given at 225 words per minute, five minutes |
|
of dictation of jury charges given at 200 words per minute, and five |
|
minutes of dictation of selected literary material given at 180 |
|
words per minute. Each applicant must personally take down the test |
|
material, either in writing or in voice, and must prepare a |
|
transcript of the material taken down. The minimum passing grade |
|
for each section of Part A is 95 percent. A dictionary may be used |
|
during Part A. Each applicant has three hours to complete the |
|
transcription of Part A. If an applicant finishes before the three |
|
hours have elapsed, the applicant may review the transcript but may |
|
use only the test material taken down by that applicant to review |
|
the transcript. An error is charged for: |
|
(1) each wrong word; |
|
(2) each omitted word; |
|
(3) each word added by the applicant that was not |
|
dictated; |
|
(4) each contraction interpreted by the applicant as |
|
two words; |
|
(5) two words interpreted by the applicant as a |
|
contraction; |
|
(6) each misplaced word; |
|
(7) each misplaced period that materially alters the |
|
sense of a group of words or a sentence; |
|
(8) each misspelled word; |
|
(9) the use of the plural or singular if the opposite |
|
was dictated; and |
|
(10) each wrong number. |
|
(c) Part B consists of objective questions relating to |
|
elementary aspects of shorthand reporting, spelling, and grammar. |
|
The minimum passing grade for Part B is 75 percent. A dictionary |
|
may not be used during Part B. |
|
(d) An applicant who cheats on the examination is |
|
disqualified and may not take the examination again until two years |
|
have elapsed from the date of the examination at which the applicant |
|
was disqualified. |
|
[Sec.
52.0231.
EXAMINATION RESULTS. (a)
Not later than
|
|
the 30th day after the date a person takes an examination under this
|
|
chapter, the board shall notify the person of the results of the
|
|
examination.
|
|
[(b)
If the examination is graded or reviewed by a testing
|
|
service:
|
|
[(1)
the board shall notify the person of the results
|
|
of the examination not later than the 30th day after the date the
|
|
board receives the results from the testing service; and
|
|
[(2)
if notice of the examination results will be
|
|
delayed for longer than 90 days after the examination date, the
|
|
board shall notify the person of the reason for the delay before the
|
|
90th day.
|
|
[(c)
The board may require a testing service to notify a
|
|
person of the results of the person's examination.
|
|
[(d)
If requested in writing by a person who fails an
|
|
examination administered under this chapter, the board shall
|
|
furnish the person with an analysis of the person's performance on
|
|
the examination.] |
|
Sec. 154.104 [52.024]. CERTIFICATION TO SUPREME COURT. |
|
[(a)] The commission [board] shall certify to the supreme court |
|
the name of each qualified applicant who has passed the |
|
examination. |
|
[Sec.
52.0241.
RECIPROCAL CERTIFICATION OR CERTIFICATION
|
|
BY ENDORSEMENT. (a)
The board may waive any prerequisite to
|
|
certification for an applicant after reviewing the applicant's
|
|
credentials and determining that the applicant holds a license or
|
|
certification issued by another jurisdiction that has licensing or
|
|
certification requirements substantially equivalent to those of
|
|
this state.
|
|
[(b)
The board may waive any prerequisite to certification
|
|
for an applicant who holds a license or certification issued by
|
|
another jurisdiction with which this state has a reciprocity
|
|
agreement. The board may make an agreement, subject to the approval
|
|
of the supreme court, with another state to allow for certification
|
|
by reciprocity.] |
|
Sec. 154.105 [52.025]. TITLE; OATHS. (a) On |
|
certification, a shorthand reporter may use the title "Certified |
|
Shorthand Reporter" or the abbreviation "CSR." |
|
(b) A certified shorthand reporter may administer oaths to |
|
witnesses anywhere in this state. |
|
Sec. 154.106 [52.0255]. FIRM REGISTRATION. (a) A |
|
shorthand reporting firm may not assume or use the title or |
|
designation "court recording firm," "court reporting firm," or |
|
"shorthand reporting firm" or any abbreviation, title, |
|
designation, words, letters, sign, card, or device tending to |
|
indicate that the firm is a court reporting firm or shorthand |
|
reporting firm, or offer services as a court reporting firm or |
|
shorthand reporting firm, unless the firm and its affiliate offices |
|
are registered with the commission [board] on a form prescribed by |
|
the commission [board] as required by this subchapter [chapter]. |
|
(b) The commission [board] may enforce this section against |
|
a firm, its affiliate office, or both, if the firm or affiliate |
|
office is not registered with the commission [board], by seeking an |
|
injunction or by filing a complaint in the district court of the |
|
county in which the firm or affiliate office is located or in Travis |
|
County. An action for an injunction is in addition to any other |
|
action, proceeding, or remedy authorized by law. The attorney |
|
general, a county or district attorney of this state, or counsel |
|
designated and empowered by the commission [board] shall represent |
|
the commission [board]. |
|
Sec. 154.107 [52.026]. CERTIFICATION AND REGISTRATION FEE |
|
AND RENEWAL. (a) A person who receives certification as a |
|
shorthand reporter or a shorthand reporting firm or affiliate |
|
office that registers with the commission [board] must pay the |
|
initial fee and any other required fee before receiving the |
|
certification or registration. |
|
(b) A certification or registration expires at 12:01 a.m. on |
|
January 1 following the second anniversary of the date on which it |
|
was issued unless the certification or registration is renewed. |
|
Thereafter, the certification or registration expires at 12:01 a.m. |
|
of each second January 1 unless renewed. |
|
(c) A person who is otherwise eligible to renew a |
|
certification or registration may renew an unexpired certification |
|
or registration by paying the required renewal fee to the |
|
commission [board] before the expiration date of the certification |
|
or registration. A person whose certification or registration has |
|
expired may not engage in activities that require a certification |
|
or registration until the certification or registration has been |
|
renewed. |
|
(d) A person whose certification or registration has been |
|
expired for 90 days or less may renew the certification or |
|
registration by paying to the commission [board] a renewal fee that |
|
is equal to 1-1/2 times the normally required renewal fee. |
|
(e) A person whose certification or registration has been |
|
expired for more than 90 days but less than one year may renew the |
|
certification or registration by paying to the commission [board] a |
|
renewal fee that is equal to two times the normally required renewal |
|
fee. |
|
(f) A person whose certification or registration has been |
|
expired for one year or more may not renew the certification or |
|
registration. The person may obtain a new certification or |
|
registration by complying with the requirements and procedures, |
|
including the examination requirements, for obtaining an original |
|
certification or registration. |
|
(g) A person who was certified in this state, moved to |
|
another state, and is currently certified and has been in practice |
|
in the other state for the two years preceding the date of |
|
application may obtain a new certification without reexamination. |
|
The person must pay to the commission [board] a fee that is equal to |
|
two times the normally required renewal fee for the certification. |
|
(h) Not later than the 30th day before the date a person's |
|
certification or registration is scheduled to expire, the |
|
commission [board] shall send written notice of the impending |
|
expiration to the person at the person's last known address |
|
according to the records of the commission [board]. |
|
Sec. 154.108 [52.0261]. STAGGERED RENEWAL OF CERTIFICATION |
|
OR REGISTRATION. The supreme court by rule may adopt a system under |
|
which certifications or registrations expire on various dates |
|
during the year. For the year in which the certification or |
|
registration expiration date is changed, the commission [board] |
|
shall prorate certification or registration fees on a monthly basis |
|
so that each certification or registration holder pays only that |
|
portion of the certification or registration fee that is allocable |
|
to the number of months during which the certification or |
|
registration is valid. On renewal of the certification or |
|
registration on the new expiration date, the total certification or |
|
registration renewal fee is payable. |
|
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. (a)
The board may
|
|
adopt a policy allowing board employees to dismiss complaints that:
|
|
[(1) clearly do not allege misconduct; or
|
|
[(2) are not within the board's jurisdiction.
|
|
[(b)
Board employees shall inform the board of all
|
|
dismissals made under this section.
|
|
[(c)
A person who files a complaint that is dismissed under
|
|
this section may request that the board reconsider the complaint.
|
|
[Sec.
52.028.
NOTICE AND HEARING. (a)
If after receiving
|
|
a verified complaint the board believes that a hearing on the
|
|
complaint is advisable, the board shall set a date for the hearing
|
|
not later than the 30th day after the date on which the board
|
|
received the complaint.
|
|
[(b)
Immediately after setting the date for the hearing, the
|
|
board shall notify the shorthand reporter or shorthand reporting
|
|
firm or affiliate office that is the subject of the complaint. The
|
|
notice must state the cause of any contemplated disciplinary action
|
|
and the time and place of the hearing. The notice shall be mailed to
|
|
the registered address of the shorthand reporter or shorthand
|
|
reporting firm or affiliate office not later than the 30th day
|
|
before the date on which the hearing is scheduled.
|
|
[(c)
The chairman or the chairman's designee shall preside
|
|
at the hearing.
|
|
[(d)
At the hearing, the board shall apply the general rules
|
|
of evidence applicable in a district court.
|
|
[(e)
The board shall rule on requests for continuances with
|
|
regard to the hearing.
|
|
[(f)
At the direction of a majority of the board, each board
|
|
member may administer oaths, subpoena witnesses and compel their
|
|
attendance, take evidence, and require the production of records
|
|
relating to a matter within the board's jurisdiction.
|
|
[(g)
The board shall produce a written summary of the
|
|
evidence before it and a written finding of facts. The board shall
|
|
forward a copy of its findings of fact and rulings to the
|
|
complainant and any aggrieved party.] |
|
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. An aggrieved
|
|
court reporter or shorthand reporting firm or affiliate office may
|
|
appeal a disciplinary action of the board to a district court in the
|
|
county of the court reporter's residence or the county in which the
|
|
shorthand reporting firm or affiliate office is located or in
|
|
Travis County. The appeal shall be by trial de novo, with or
|
|
without a jury. If the aggrieved person is the official or deputy
|
|
court reporter of the court in which the appeal will be heard or if
|
|
the shorthand reporting firm or affiliate office provides the
|
|
official or deputy court reporter of the court in which the appeal
|
|
will be heard, the presiding judge of the administrative judicial
|
|
region shall appoint the judge of another court or a retired judge
|
|
to hear and determine the complaint.] |
|
Sec. 154.112 [52.031]. EMPLOYMENT OF NONCERTIFIED |
|
SHORTHAND REPORTERS. (a) A noncertified shorthand reporter may be |
|
employed until a certified shorthand reporter is available. |
|
(b) A noncertified shorthand reporter may report an oral |
|
deposition only if: |
|
(1) the noncertified shorthand reporter delivers an |
|
affidavit to the parties or to their counsel present at the |
|
deposition stating that a certified shorthand reporter is not |
|
available; or |
|
(2) the parties or their counsel stipulate on the |
|
record at the beginning of the deposition that a certified |
|
shorthand reporter is not available. |
|
(c) This section does not apply to a deposition taken |
|
outside this state for use in this state. |
|
Sec. 154.113 [52.032]. CRIMINAL PENALTY. (a) Except as |
|
provided by Section 154.112 [52.031], a person commits an offense |
|
if the person engages in shorthand reporting in violation of |
|
Section 154.101 [52.021 of this code]. Each day of violation |
|
constitutes a separate offense. |
|
(b) An offense under this section is a Class A misdemeanor. |
|
[Sec.
52.0321.
ADMINISTRATIVE PENALTY. (a)
The board may
|
|
assess an administrative penalty against a person who violates this
|
|
chapter or a rule or provision of the code of ethics adopted under
|
|
this chapter.
|
|
[(b)
In determining the amount of an administrative penalty
|
|
assessed under this section, the board shall consider:
|
|
[(1) the seriousness of the violation;
|
|
[(2) the history of previous violations;
|
|
[(3) the amount necessary to deter future violations;
|
|
[(4) efforts made to correct the violation; and
|
|
[(5) any other matters that justice may require.] |
|
Sec. 154.114 [52.033]. EXEMPTIONS. This chapter does not |
|
apply to: |
|
(1) a party to the litigation involved; |
|
(2) the attorney of the party; or |
|
(3) a full-time employee of a party or a party's |
|
attorney. |
|
Sec. 154.115 [52.034]. PROHIBITED CONTRACTS. (a) A court |
|
reporter may not enter into or provide services under any |
|
contractual agreement, written or oral, exclusive or nonexclusive, |
|
that: |
|
(1) undermines the impartiality of the court reporter; |
|
(2) requires a court reporter to relinquish control of |
|
an original deposition transcript and copies of the transcript |
|
before it is certified and delivered to the custodial attorney; |
|
(3) requires a court reporter to provide any service |
|
not made available to all parties to an action; or |
|
(4) gives or appears to give an exclusive advantage to |
|
any party. |
|
(b) This section does not apply to a contract for court |
|
reporting services for a court, agency, or instrumentality of the |
|
United States or this state. |
|
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. In this chapter: |
|
(1) "Advisory board" ["Administrative director" means
|
|
the administrative director of the courts as appointed by Chapter
|
|
72.
|
|
[(2) "Board"] means the Guardianship Certification |
|
Advisory Board. |
|
(2) [(3)] "Corporate fiduciary" has the meaning |
|
assigned by Section 601, Texas Probate Code. |
|
(3) [(4)
"Director" means the administrative officer
|
|
of the board, as provided by Section 111.021.
|
|
[(5)] "Guardian" has the meaning assigned by Section |
|
601, Texas Probate Code. |
|
(4) [(6)] "Guardianship program" means a local, |
|
county, or regional program that provides guardianship and related |
|
services to an incapacitated person or other person who needs |
|
assistance in making decisions concerning the person's own welfare |
|
or financial affairs. |
|
(5) [(7)] "Incapacitated person" has the meaning |
|
assigned by Section 601, Texas Probate Code. |
|
(6) [(8)
"Office of Court Administration" means the
|
|
Office of Court Administration of the Texas Judicial System.
|
|
[(9)] "Private professional guardian" means a person, |
|
other than an attorney or a corporate fiduciary, who is engaged in |
|
the business of providing guardianship services. |
|
(7) [(10)] "Ward" has the meaning assigned by Section |
|
601, Texas Probate Code. |
|
Sec. 155.002 [111.002]. RULES. The supreme court may adopt |
|
rules consistent with this chapter, including rules governing the |
|
certification of individuals providing guardianship services. |
|
[Sec.
111.003.
SUNSET PROVISION. The board is subject to
|
|
Chapter 325, Government Code (Texas Sunset Act).
Unless continued
|
|
in existence as provided by that chapter, the board is abolished and
|
|
this chapter expires September 1, 2015.] |
|
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. (a)
The board
|
|
is administratively attached to the Office of Court Administration.
|
|
[(b)
Notwithstanding any other law, the Office of Court
|
|
Administration shall:
|
|
[(1)
provide administrative assistance, services, and
|
|
materials to the board, including budget planning and purchasing;
|
|
[(2)
accept, deposit, and disburse money made
|
|
available to the board;
|
|
[(3) pay the salaries and benefits of the director;
|
|
[(4)
reimburse the travel expenses and other actual
|
|
and necessary expenses of the director incurred in the performance
|
|
of a function of the board, as provided by the General
|
|
Appropriations Act;
|
|
[(5)
reimburse the travel expenses and other actual
|
|
and necessary expenses of board members incurred in the performance
|
|
of official board duties, as provided by the General Appropriations
|
|
Act; and
|
|
[(6)
provide the board with adequate computer
|
|
equipment and support.
|
|
[Sec.
111.013.
ELIGIBILITY OF PUBLIC MEMBERS. A person is
|
|
not eligible for appointment as a public member of the board if the
|
|
person or the person's spouse:
|
|
[(1) is certified by the board;
|
|
[(2)
is registered, certified, or licensed by a
|
|
regulatory agency in the field of guardianship;
|
|
[(3)
is employed by or participates in the management
|
|
of a business entity or other organization regulated by the board or
|
|
receiving money from the Office of Court Administration;
|
|
[(4)
owns or controls, directly or indirectly, more
|
|
than a 10 percent interest in a business entity or other
|
|
organization regulated by the board or receiving money from the
|
|
Office of Court Administration; or
|
|
[(5)
uses or receives a substantial amount of tangible
|
|
goods, services, or funds from the Office of Court Administration.
|
|
[Sec.
111.014.
MEMBERSHIP AND EMPLOYEE RESTRICTIONS.
|
|
(a)
In this section, "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.
|
|
[(b)
A person may not be a member of the board or may not be
|
|
the director 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.),
|
|
if:
|
|
[(1)
the person is an officer, employee, or paid
|
|
consultant of a Texas trade association in the field of
|
|
guardianship; or
|
|
[(2)
the person's spouse is an officer, manager, or
|
|
paid consultant of a Texas trade association in the field of
|
|
guardianship.
|
|
[(c)
A person may not be a member of the board if the person
|
|
is 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.
|
|
[Sec.
111.015.
GROUNDS FOR REMOVAL FROM BOARD. (a)
It is a
|
|
ground for removal from the board that a member:
|
|
[(1)
does not have at the time of appointment the
|
|
qualifications required by Section 111.011;
|
|
[(2)
does not maintain during service on the board the
|
|
qualifications required by Section 111.011;
|
|
[(3)
is ineligible for membership under Section
|
|
111.013 or 111.014;
|
|
[(4)
cannot, because of illness or disability,
|
|
discharge the member's duties for a substantial part of the member's
|
|
term; or
|
|
[(5)
is absent from more than half of the regularly
|
|
scheduled board meetings that the member is eligible to attend
|
|
during a calendar year without an excuse approved by a majority vote
|
|
of the board.
|
|
[(b)
The validity of an action of the board is not affected
|
|
by the fact that it is taken when a ground for removal of a board
|
|
member exists.
|
|
[(c)
If the director has knowledge that a potential ground
|
|
for removal exists, the director shall notify the presiding officer
|
|
of the board of the potential ground.
The presiding officer shall
|
|
then notify the chief justice of the supreme court that a potential
|
|
ground for removal exists.
If the potential ground for removal
|
|
involves the presiding officer, the director shall notify the next
|
|
highest ranking officer of the board, who shall then notify the
|
|
chief justice of the supreme court that a potential ground for
|
|
removal exists.
|
|
[Sec.
111.016.
POWERS AND DUTIES OF BOARD. (a)
The board
|
|
is charged with the executive functions necessary to carry out the
|
|
purposes of this chapter under rules adopted by the supreme court.
|
|
[(b) The board shall:
|
|
[(1) administer and enforce this chapter;
|
|
[(2)
develop and recommend proposed rules and
|
|
procedures to the supreme court as necessary to implement this
|
|
chapter;
|
|
[(3)
set the amount of each fee prescribed by Section
|
|
111.042, subject to the approval of the supreme court;
|
|
[(4) establish the qualifications for obtaining:
|
|
[(A)
certification or recertification under
|
|
Section 111.042; and
|
|
[(B)
provisional certification under Section
|
|
111.0421;
|
|
[(5) issue certificates to:
|
|
[(A)
individuals who meet the certification
|
|
requirements of Section 111.042; and
|
|
[(B)
individuals who meet the provisional
|
|
certification requirements of Section 111.0421; and
|
|
[(6)
perform any other duty required by this chapter
|
|
or other law.
|
|
[(c)
The board may appoint any necessary or proper
|
|
subcommittee.
|
|
[(d) The board shall maintain:
|
|
[(1) a complete record of each board proceeding; and
|
|
[(2)
a complete record of each certification,
|
|
including a provisional certificate, issued, renewed, suspended,
|
|
or revoked under this chapter.] |
|
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. The Office of Court
|
|
Administration shall research and propose appropriate
|
|
technological solutions to improve the board's ability to perform
|
|
its functions.
The technological solutions must:
|
|
[(1)
ensure that the public is able to easily find
|
|
information about the board on the Internet;
|
|
[(2)
ensure that persons who want to use the board's
|
|
services are able to:
|
|
[(A)
interact with the board through the
|
|
Internet; and
|
|
[(B)
access any service that can be provided
|
|
effectively through the Internet; and
|
|
[(3)
be cost-effective and developed through the
|
|
board's planning processes.
|
|
[Sec.
111.019.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
|
|
(a)
The board shall develop and implement a policy to encourage
|
|
the use of appropriate alternative dispute resolution procedures to
|
|
assist in the resolution of internal and external disputes under
|
|
the board's jurisdiction.
|
|
[(b)
The procedures relating to alternative dispute
|
|
resolution under this section must conform, to the extent possible,
|
|
to any model guidelines issued by the State Office of
|
|
Administrative Hearings for the use of alternative dispute
|
|
resolution by state agencies.
|
|
[Sec.
111.020.
PUBLIC ACCESS. The board shall develop and
|
|
implement policies that provide the public with a reasonable
|
|
opportunity to appear before the board and to speak on any issue
|
|
under the jurisdiction of the board.
|
|
[Sec.
111.021.
DIRECTOR. (a)
The administrative director
|
|
shall employ a director from a list of candidates submitted by the
|
|
board.
The administrative director may request an additional list
|
|
of candidates if the administrative director does not select any of
|
|
the initial candidates recommended by the board.
|
|
[(b)
The list may contain the hiring preference of the
|
|
board.
|
|
[(c)
The director is the administrative officer of the board
|
|
and is charged with carrying out the duties and functions conferred
|
|
on the director by the board, this subchapter, and other law.
|
|
[Sec.
111.022.
DIVISION OF RESPONSIBILITIES. The board
|
|
shall develop and implement policies that clearly separate the
|
|
policy-making responsibilities of the board and the management
|
|
responsibilities of the director.
|
|
[Sec.
111.023.
QUALIFICATIONS AND STANDARDS OF CONDUCT
|
|
INFORMATION. The director shall provide to members of the board, as
|
|
often as necessary, information regarding the requirements for
|
|
office under this chapter, including information regarding a
|
|
person's responsibilities under applicable laws relating to
|
|
standards of conduct for state officers.] |
|
SUBCHAPTER C. REGULATION OF CERTAIN GUARDIANS |
|
Sec. 155.101 [111.041]. STANDARDS FOR CERTAIN |
|
GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP. (a) The |
|
commission [board] shall adopt minimum standards for: |
|
(1) the provision of guardianship services or other |
|
similar but less restrictive types of assistance or services by: |
|
(A) guardianship programs; and |
|
(B) private professional guardians; and |
|
(2) the provision of guardianship services by the |
|
Department of Aging and Disability Services. |
|
(b) The commission [board] shall design the standards to |
|
protect the interests of an incapacitated person or other person |
|
needing assistance making decisions concerning the person's own |
|
welfare or financial affairs. |
|
Sec. 155.102 [111.042]. CERTIFICATION REQUIRED FOR CERTAIN |
|
GUARDIANS. (a) To provide guardianship services in this state, |
|
the following individuals must hold a certificate issued under this |
|
section: |
|
(1) an individual who is a private professional |
|
guardian; |
|
(2) an individual who will provide those services to a |
|
ward of a private professional guardian on the guardian's behalf; |
|
and |
|
(3) an individual, other than a volunteer, who will |
|
provide those services or other services under Section 161.114, |
|
Human Resources Code, to a ward of a guardianship program or the |
|
Department of Aging and Disability Services on the program's or |
|
department's behalf. |
|
(b) An applicant for a certificate under this section must: |
|
(1) apply to the commission [board] on a form |
|
prescribed by the commission [board]; and |
|
(2) submit with the application a nonrefundable |
|
application fee in an amount determined by the commission [board], |
|
subject to the approval of the supreme court. |
|
(c) The supreme court may adopt rules and procedures for |
|
issuing a certificate and for renewing, suspending, or revoking a |
|
certificate issued under this section. Any rules adopted by the |
|
supreme court under this section must: |
|
(1) ensure compliance with the standards adopted under |
|
Section 155.101 [111.041]; |
|
(2) provide that the commission [board] establish |
|
qualifications for obtaining and maintaining certification; |
|
(3) provide that the commission [board] issue |
|
certificates under this section; |
|
(4) provide that a certificate expires on the second |
|
anniversary of the date the certificate is issued; |
|
(5) prescribe procedures for accepting complaints and |
|
conducting investigations of alleged violations of the minimum |
|
standards adopted under Section 155.101 [111.041] or other terms of |
|
the certification by certificate holders; and |
|
(6) prescribe procedures by which the commission |
|
[board], after notice and hearing, may suspend or revoke the |
|
certificate of a holder who fails to substantially comply with |
|
appropriate standards or other terms of the certification. |
|
(d) If the requirements for issuing a certificate under this |
|
section include passage of an examination covering guardianship |
|
education requirements: |
|
(1) the commission [board] shall develop and the |
|
director shall administer the examination; or |
|
(2) the commission [board] shall direct the director |
|
to contract with another person or entity the commission [board] |
|
determines has the expertise and resources to develop and |
|
administer the examination. |
|
(e) In lieu of the certification requirements imposed under |
|
this section, the commission [board] may issue a certificate to an |
|
individual to engage in business as a guardian or to provide |
|
guardianship services in this state if the individual: |
|
(1) submits an application to the commission [board] |
|
in the form prescribed by the commission [board]; |
|
(2) pays a fee in a reasonable amount determined by the |
|
commission [board], subject to the approval of the supreme court; |
|
(3) is certified, registered, or licensed as a |
|
guardian by a national organization or association the commission |
|
[board] determines has requirements at least as stringent as those |
|
prescribed by the commission [board] under this subchapter; and |
|
(4) is in good standing with the organization or |
|
association with whom the person is licensed, certified, or |
|
registered. |
|
(f) An employee of the Department of Aging and Disability |
|
Services who is applying for a certificate under this section to |
|
provide guardianship services to a ward of the department is exempt |
|
from payment of an application fee required by this section. |
|
(g) An application fee or other fee collected under this |
|
section shall be deposited to the credit of the guardianship |
|
certification account in the general revenue fund and may be |
|
appropriated only to the office [Office of Court Administration] |
|
for the administration and enforcement of this chapter. |
|
[(h)
The Texas Department of Licensing and Regulation shall
|
|
advise and assist the board as necessary in administering the
|
|
certification process established under this section.] |
|
Sec. 155.103 [111.0421]. PROVISIONAL CERTIFICATE. |
|
(a) Notwithstanding Section 155.102(a) [111.042(a)], the |
|
commission [board] may issue a provisional certificate to an |
|
individual who: |
|
(1) does not meet the qualifications for obtaining |
|
certification under Section 155.102 [111.042]; and |
|
(2) possesses the qualifications for provisional |
|
certification required by rules adopted by the supreme court. |
|
(b) An individual who holds a provisional certificate may |
|
provide guardianship services in this state only under the |
|
supervision of an individual certified under Section 155.102 |
|
[111.042]. |
|
(c) The supreme court may adopt rules and procedures for |
|
issuing a provisional certificate under this section that, at a |
|
minimum, must: |
|
(1) ensure compliance with the standards adopted under |
|
Section 155.101 [111.041]; and |
|
(2) provide that the commission [board] establishes |
|
qualifications for obtaining and maintaining the certification. |
|
Sec. 155.104 [111.043]. INFORMATION FROM PRIVATE |
|
PROFESSIONAL GUARDIANS. In addition to the information submitted |
|
under Section 697(e), Texas Probate Code, the director may require |
|
a private professional guardian or a person who represents or plans |
|
to represent the interests of a ward as a guardian on behalf of the |
|
private professional guardian to submit information considered |
|
necessary to monitor the person's compliance with the applicable |
|
standards adopted under Section 155.101 [111.041] or with the |
|
certification requirements of Section 155.102 [111.042]. |
|
Sec. 155.105 [111.044]. ANNUAL DISCLOSURE. (a) Not later |
|
than January 31 of each year, each guardianship program shall |
|
provide to the commission [board] a report containing for the |
|
preceding year: |
|
(1) the number of wards served by the guardianship |
|
program reported by county in which the application to create a |
|
guardianship for the ward is filed and the total number of wards |
|
served by the guardianship program; |
|
(2) the name, business address, and business telephone |
|
number of each individual employed by or volunteering or |
|
contracting with the guardianship program to provide guardianship |
|
services to a ward or proposed ward of the program; |
|
(3) the name of each county in which an individual |
|
described by Subdivision (2) provides or is authorized to provide |
|
guardianship services; |
|
(4) the total amount of money received from this state |
|
for the provision of guardianship services; and |
|
(5) the amount of money received from any other public |
|
source, including a county or the federal government, for the |
|
provision of guardianship services, reported by source, and the |
|
total amount of money received from those public sources. |
|
(b) Not later than January 31 of each year, each private |
|
professional guardian shall provide to the commission [board] a |
|
report containing for the preceding year: |
|
(1) the number of wards served by the private |
|
professional guardian reported by county in which the application |
|
to create a guardianship for the ward is filed and the total number |
|
of wards served by the private professional guardian; |
|
(2) the name, business address, and business telephone |
|
number of each individual who provides guardianship services to a |
|
ward of the private professional guardian on behalf of the private |
|
professional guardian; |
|
(3) the total amount of money received from this state |
|
for the provision of guardianship services; and |
|
(4) the amount of money received from any other public |
|
source, including a county or the federal government, for the |
|
provision of guardianship services, reported by source, and the |
|
total amount of money received from those public sources. |
|
(c) A private professional guardian shall submit with the |
|
report required under Subsection (b) a copy of the guardian's |
|
application for a certificate of registration required by Section |
|
697(a), Texas Probate Code. |
|
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 Subchapter B, Chapter 156, Government Code, as added |
|
by this Act, redesignated as Section 156.052, Government Code, and |
|
amended to read as follows: |
|
Sec. 156.052 [51.008]. FEES FOR PROCESS SERVER |
|
CERTIFICATION. (a) The commission [process server review board
|
|
established by supreme court order] may recommend to the supreme |
|
court the fees to be charged for process server certification and |
|
renewal of certification. The supreme court must approve the fees |
|
recommended by the commission [process server review board] before |
|
the fees may be collected. |
|
(b) If a certification is issued or renewed for a term that |
|
is less than the certification period provided by supreme court |
|
rule, the fee for the certification shall be prorated so that the |
|
process server pays only that portion of the fee that is allocable |
|
to the period during which the certification is valid. On renewal |
|
of the certification on the new expiration date, the process server |
|
must pay the entire certification renewal fee. |
|
(c) The office [Office of Court Administration of the Texas
|
|
Judicial System] may collect the fees recommended by the commission |
|
[process server review board] and approved by the supreme court. |
|
Fees collected under this section shall be sent to the comptroller |
|
for deposit to the credit of the general revenue fund. |
|
(d) Fees collected under this section may be appropriated to |
|
the office [Office of Court Administration of the Texas Judicial
|
|
System] for the support of regulatory programs for process servers, |
|
guardians, and court reporters. |
|
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. In this chapter |
|
[subchapter]: |
|
(1) "Advisory board" ["Board"] means the licensed |
|
court interpreter advisory board. |
|
(2) ["Commission" means the Texas Commission of
|
|
Licensing and Regulation.
|
|
[(4)
"Department" means the Texas Department of
|
|
Licensing and Regulation.
|
|
[(4-a)
"Executive director" means the executive
|
|
director of the department.
|
|
[(5)] "Licensed court interpreter" means an |
|
individual licensed under this chapter by the commission to |
|
interpret court proceedings for an individual who can hear but who |
|
does not comprehend English or communicate in English [has the
|
|
meaning assigned by Section 57.001]. |
|
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. (a) The |
|
[executive] director shall issue a court interpreter license to an |
|
applicant who: |
|
(1) can interpret for an individual who can hear but |
|
who does not comprehend English or communicate in English; |
|
(2) passes the appropriate examination prescribed by |
|
the commission [executive director] not earlier than two years |
|
before the date the [executive] director receives the applicant's |
|
application for a license; and |
|
(3) possesses the other qualifications for the license |
|
required by this chapter [subchapter] or by rules adopted under |
|
this chapter [subchapter]. |
|
(b) The commission shall adopt rules relating to licensing |
|
under this chapter. The rules must be approved by the supreme |
|
court. The [subchapter and the executive] director shall prescribe |
|
all forms required under this chapter [subchapter]. |
|
(c) A license issued under this chapter [subchapter] is |
|
valid for one year from the date of issuance. |
|
(d) A license issued under this chapter [subchapter] must |
|
include at least one of the following designations: |
|
(1) a basic designation that permits the interpreter |
|
to interpret court proceedings in justice courts and municipal |
|
courts that are not municipal courts of record, other than a |
|
proceeding before the court in which the judge is acting as a |
|
magistrate; or |
|
(2) a master designation that permits the interpreter |
|
to interpret court proceedings in all courts in this state, |
|
including justice courts and municipal courts described by |
|
Subdivision (1). |
|
(e) In adopting rules relating to licensing under this |
|
subchapter, the commission shall, after consulting with the |
|
advisory board, prescribe the minimum score an individual must |
|
achieve on an examination to receive a license that includes a basic |
|
designation under Subsection (d) and the minimum score an |
|
individual must achieve to receive a license that includes a master |
|
designation under that subsection. |
|
Sec. 157.102 [57.044]. COURT INTERPRETER LICENSE. To |
|
qualify for a court interpreter license under this chapter |
|
[subchapter], an individual must apply on a form prescribed by the |
|
commission [executive director] and demonstrate, in the manner |
|
required by the [executive] director, reasonable proficiency in |
|
interpreting English and court proceedings for individuals who can |
|
hear but who do not comprehend English or communicate in English. |
|
[Sec.
57.045.
FEES. The commission by rule shall set
|
|
license and examination fees under this subchapter.] |
|
Sec. 157.103 [57.046]. EXAMINATIONS. (a) The [executive] |
|
director shall prepare examinations under this chapter |
|
[subchapter] that test an applicant's knowledge, skill, and |
|
efficiency in interpreting under this chapter [subchapter]. The |
|
same examinations must be used for issuing a license that includes a |
|
basic designation or master designation as described by Section |
|
157.101(d) [57.043(d)]. |
|
(b) An individual who fails an examination may apply for |
|
reexamination at a scheduled examination held at least six months |
|
after the date the individual failed the original examination. |
|
(c) Examinations shall be offered in the state at least |
|
twice a year at times and places designated by the [executive] |
|
director. |
|
Sec. 157.104 [57.047]. COMMISSION [DEPARTMENT] DUTIES; |
|
INSPECTIONS. (a) The commission [executive director] shall |
|
enforce this chapter [subchapter]. |
|
(b) The commission [department] shall investigate |
|
allegations of violations of this chapter [subchapter]. |
|
Sec. 157.105 [57.048]. SUSPENSION AND REVOCATION OF |
|
LICENSES; REISSUANCE. (a) After a hearing, the commission shall |
|
suspend or revoke a court interpreter license on a finding that the |
|
individual: |
|
(1) made a material misstatement in an application for |
|
a license; |
|
(2) disregarded or violated this chapter [subchapter] |
|
or a rule adopted under this chapter [subchapter]; or |
|
(3) engaged in dishonorable or unethical conduct |
|
likely to deceive, defraud, or harm the public or a person for whom |
|
the interpreter interprets. |
|
(b) The commission [executive director] may reissue a |
|
license to an individual whose license has been revoked if the |
|
individual applies in writing to the department and shows good |
|
cause to justify reissuance of the license. |
|
Sec. 157.106 [57.049]. PROHIBITED ACTS. A person may not |
|
advertise, represent to be, or act as a licensed court interpreter |
|
unless the person holds an appropriate license under this chapter |
|
[subchapter]. |
|
Sec. 157.107 [57.050]. OFFENSE; ADMINISTRATIVE PENALTY. |
|
(a) A person commits an offense if the person violates this |
|
chapter [subchapter] or a rule adopted under this chapter |
|
[subchapter]. An offense under this subsection is a Class A |
|
misdemeanor. |
|
(b) A person who violates this chapter [subchapter] or a |
|
rule adopted under this chapter [subchapter] is subject to an |
|
administrative penalty assessed by the commission as provided by |
|
Chapter 153 [Subchapter F, Chapter 51, Occupations Code]. |
|
[Sec.
57.051.
SUNSET.
The licensed court interpreter
|
|
advisory board is subject to Chapter 325, Government Code (Texas
|
|
Sunset Act).
Unless continued in existence as provided by that
|
|
chapter, the board is abolished and this subchapter expires
|
|
September 1, 2017.] |
|
ARTICLE 2. CONFORMING CHANGES |
|
SECTION 2.01. Subsection (a-1), Article 38.30, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(a-1) A qualified telephone interpreter may be sworn to |
|
interpret for the person in the trial of a Class C misdemeanor or a |
|
proceeding before a magistrate if an interpreter is not available |
|
to appear in person before the court or if the only available |
|
interpreter is not considered to possess adequate interpreting |
|
skills for the particular situation or is unfamiliar with the use of |
|
slang. In this subsection, "qualified telephone interpreter" means |
|
a telephone service that employs: |
|
(1) licensed court interpreters as defined by Section |
|
157.001 [57.001], Government Code; or |
|
(2) federally certified court interpreters. |
|
SECTION 2.02. Section 61.0513, Education Code, is amended |
|
to read as follows: |
|
Sec. 61.0513. COURT REPORTER PROGRAMS. The board may not |
|
certify a court reporter program under Section 61.051(f) [of this
|
|
code] unless the program has received approval from the Judicial |
|
Branch [Court Reporters] Certification Commission [Board]. |
|
SECTION 2.03. Subdivision (1), Subsection (b), Section |
|
132.055, Education Code, is amended to read as follows: |
|
(1) The programs, curriculum, and instruction are of |
|
such quality, content, and length as may reasonably and adequately |
|
achieve the stated objective for which the programs, curriculum, or |
|
instruction is offered. Before a career school or college conducts |
|
a program of instruction in court reporting, the school or college |
|
must produce evidence that the school or college has obtained |
|
approval for the curriculum from the Judicial Branch [Court
|
|
Reporters] Certification Commission [Board]. |
|
SECTION 2.04. Section 1002.014, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1002.014. GUARDIANSHIP CERTIFICATION PROGRAM OF THE |
|
JUDICIAL BRANCH CERTIFICATION COMMISSION [BOARD]. "Guardianship |
|
certification program of the Judicial Branch Certification |
|
Commission" ["Guardianship Certification Board"] means the program |
|
[Guardianship Certification Board] established under Chapter 155 |
|
[111], Government Code. |
|
SECTION 2.05. Section 1002.016, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1002.016. GUARDIANSHIP PROGRAM. "Guardianship |
|
program" has the meaning assigned by Section 155.001 [111.001], |
|
Government Code. |
|
SECTION 2.06. Section 1002.025, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN. "Private |
|
professional guardian" has the meaning assigned by Section 155.001 |
|
[111.001], Government Code. |
|
SECTION 2.07. Subsection (b), Section 1101.001, Estates |
|
Code, as effective January 1, 2014, is amended to read as follows: |
|
(b) The application must be sworn to by the applicant and |
|
state: |
|
(1) the proposed ward's name, sex, date of birth, and |
|
address; |
|
(2) the name, relationship, and address of the person |
|
the applicant seeks to have appointed as guardian; |
|
(3) whether guardianship of the person or estate, or |
|
both, is sought; |
|
(4) the nature and degree of the alleged incapacity, |
|
the specific areas of protection and assistance requested, and the |
|
limitation or termination of rights requested to be included in the |
|
court's order of appointment, including a termination of: |
|
(A) the right of a proposed ward who is 18 years |
|
of age or older to vote in a public election; and |
|
(B) the proposed ward's eligibility to hold or |
|
obtain a license to operate a motor vehicle under Chapter 521, |
|
Transportation Code; |
|
(5) the facts requiring the appointment of a guardian; |
|
(6) the interest of the applicant in the appointment |
|
of a guardian; |
|
(7) the nature and description of any kind of |
|
guardianship existing for the proposed ward in any other state; |
|
(8) the name and address of any person or institution |
|
having the care and custody of the proposed ward; |
|
(9) the approximate value and description of the |
|
proposed ward's property, including any compensation, pension, |
|
insurance, or allowance to which the proposed ward may be entitled; |
|
(10) the name and address of any person whom the |
|
applicant knows to hold a power of attorney signed by the proposed |
|
ward and a description of the type of power of attorney; |
|
(11) for a proposed ward who is a minor, the following |
|
information if known by the applicant: |
|
(A) the name of each of the proposed ward's |
|
parents and either the parent's address or that the parent is |
|
deceased; |
|
(B) the name and age of each of the proposed |
|
ward's siblings, if any, and either the sibling's address or that |
|
the sibling is deceased; and |
|
(C) if each of the proposed ward's parents and |
|
siblings are deceased, the names and addresses of the proposed |
|
ward's next of kin who are adults; |
|
(12) for a proposed ward who is a minor, whether the |
|
minor was the subject of a legal or conservatorship proceeding in |
|
the preceding two years and, if so: |
|
(A) the court involved; |
|
(B) the nature of the proceeding; and |
|
(C) any final disposition of the proceeding; |
|
(13) for a proposed ward who is an adult, the following |
|
information if known by the applicant: |
|
(A) the name of the proposed ward's spouse, if |
|
any, and either the spouse's address or that the spouse is deceased; |
|
(B) the name of each of the proposed ward's |
|
parents and either the parent's address or that the parent is |
|
deceased; |
|
(C) the name and age of each of the proposed |
|
ward's siblings, if any, and either the sibling's address or that |
|
the sibling is deceased; |
|
(D) the name and age of each of the proposed |
|
ward's children, if any, and either the child's address or that the |
|
child is deceased; and |
|
(E) if there is no living spouse, parent, adult |
|
sibling, or adult child of the proposed ward, the names and |
|
addresses of the proposed ward's next of kin who are adults; |
|
(14) facts showing that the court has venue of the |
|
proceeding; and |
|
(15) if applicable, that the person whom the applicant |
|
seeks to have appointed as a guardian is a private professional |
|
guardian who is certified under Subchapter C, Chapter 155 [111], |
|
Government Code, and has complied with the requirements of |
|
Subchapter G, Chapter 1104. |
|
SECTION 2.08. Subsection (a), Section 1104.251, Estates |
|
Code, as effective January 1, 2014, is amended to read as follows: |
|
(a) An individual must be certified under Subchapter C, |
|
Chapter 155 [111], Government Code, if the individual: |
|
(1) is a private professional guardian; |
|
(2) will represent the interests of a ward as a |
|
guardian on behalf of a private professional guardian; |
|
(3) is providing guardianship services to a ward of a |
|
guardianship program on the program's behalf, except as provided by |
|
Section 1104.254; or |
|
(4) is an employee of the Department of Aging and |
|
Disability Services providing guardianship services to a ward of |
|
the department. |
|
SECTION 2.09. Section 1104.252, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE. For |
|
purposes of this subchapter, a person who holds a provisional |
|
certificate issued under Section 155.103 [111.0421], Government |
|
Code, is considered to be certified. |
|
SECTION 2.10. Section 1104.253, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A |
|
family member or friend of an incapacitated person is not required |
|
to be certified under Subchapter C, Chapter 155 [111], Government |
|
Code, or any other law to serve as the person's guardian. |
|
SECTION 2.11. Section 1104.255, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.255. EXPIRATION OF CERTIFICATION. A person whose |
|
certification under Subchapter C, Chapter 155 [111], Government |
|
Code, has expired must obtain a new certification under that |
|
subchapter to provide or continue providing guardianship services |
|
to a ward or incapacitated person under this title. |
|
SECTION 2.12. Section 1104.256, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY. |
|
The court shall notify the guardianship certification program of |
|
the Judicial Branch Certification Commission [Guardianship
|
|
Certification Board] if the court becomes aware of a person who is |
|
not complying with: |
|
(1) the terms of a certification issued under |
|
Subchapter C, Chapter 155 [111], Government Code; or |
|
(2) the standards and rules adopted under that |
|
subchapter. |
|
SECTION 2.13. Section 1104.257, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED BY |
|
GUARDIANSHIP PROGRAM. Not later than January 31 of each year, each |
|
guardianship program operating in a county shall submit to the |
|
county clerk a copy of the report submitted to the guardianship |
|
certification program of the Judicial Branch Certification |
|
Commission [Guardianship Certification Board] under Section |
|
155.105 [111.044], Government Code. |
|
SECTION 2.14. Section 1104.258, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE |
|
EMPLOYEES PROVIDING GUARDIANSHIP SERVICES. Not later than January |
|
31 of each year, the Department of Aging and Disability Services |
|
shall submit to the guardianship certification program of the |
|
Judicial Branch Certification Commission [Guardianship
|
|
Certification Board] a statement containing: |
|
(1) the name, address, and telephone number of each |
|
department employee who is or will be providing guardianship |
|
services to a ward or proposed ward on the department's behalf; and |
|
(2) the name of each county in which each employee |
|
named in Subdivision (1) is providing or is authorized to provide |
|
those services. |
|
SECTION 2.15. Subsection (a), Section 1104.303, Estates |
|
Code, as effective January 1, 2014, is amended to read as follows: |
|
(a) An application for a certificate of registration must |
|
include a sworn statement containing the following information |
|
concerning a private professional guardian or each person who |
|
represents or plans to represent the interests of a ward as a |
|
guardian on behalf of the private professional guardian: |
|
(1) place of residence; |
|
(2) business address and business telephone number; |
|
(3) educational background and professional |
|
experience; |
|
(4) three or more professional references; |
|
(5) the name of each ward for whom the private |
|
professional guardian or person is or will be serving as a guardian; |
|
(6) the aggregate fair market value of the property of |
|
all wards that is or will be managed by the private professional |
|
guardian or person; |
|
(7) whether the private professional guardian or |
|
person has ever been removed as a guardian by the court or resigned |
|
as a guardian in a particular case, and, if so: |
|
(A) a description of the circumstances causing |
|
the removal or resignation; and |
|
(B) the style of the suit, the docket number, and |
|
the court having jurisdiction over the proceeding; and |
|
(8) the certification number or provisional |
|
certification number issued to the private professional guardian or |
|
person by the guardianship certification program of the Judicial |
|
Branch Certification Commission [Guardianship Certification
|
|
Board]. |
|
SECTION 2.16. Section 1104.306, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES. Not |
|
later than January 31 of each year, the clerk shall submit to the |
|
guardianship certification program of the Judicial Branch |
|
Certification Commission [Guardianship Certification Board] the |
|
name and business address of each private professional guardian who |
|
has satisfied the registration requirements of this subchapter |
|
during the preceding year. |
|
SECTION 2.17. Subsection (a), Section 1104.404, Estates |
|
Code, as effective January 1, 2014, is amended to read as follows: |
|
(a) The clerk described by Section 1104.402 is not required |
|
to obtain criminal history record information for a person who |
|
holds a certificate issued under Section 155.102 [111.042], |
|
Government Code, or a provisional certificate issued under Section |
|
155.103 [111.0421], Government Code, if the guardianship |
|
certification program of the Judicial Branch Certification |
|
Commission [Guardianship Certification Board] conducted a criminal |
|
history check on the person before issuing or renewing the |
|
certificate. |
|
SECTION 2.18. Section 1104.407, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST. The |
|
department shall provide the information obtained under Section |
|
1104.406(a) [1102.406(a)] to: |
|
(1) the clerk of the county having venue of the |
|
guardianship proceeding at the court's request; and |
|
(2) the guardianship certification program of the |
|
Judicial Branch Certification Commission [Guardianship
|
|
Certification Board] at the commission's [board's] request. |
|
SECTION 2.19. Section 1104.408, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR |
|
GUARDIANSHIP CERTIFICATION PROGRAM OF JUDICIAL BRANCH |
|
CERTIFICATION COMMISSION [BOARD]. (a) Criminal history record |
|
information obtained under Section 1104.407 is privileged and |
|
confidential and is for the exclusive use of the court or |
|
guardianship certification program of the Judicial Branch |
|
Certification Commission [Guardianship Certification Board], as |
|
appropriate. The information may not be released or otherwise |
|
disclosed to any person or agency except: |
|
(1) on court order; |
|
(2) with the consent of the person being investigated; |
|
or |
|
(3) as authorized by Section 1104.404 of this code or |
|
Section 411.1386(a-6), Government Code. |
|
(b) The county clerk or guardianship certification program |
|
of the Judicial Branch Certification Commission [Guardianship
|
|
Certification Board] may destroy the criminal history record |
|
information after the information is used for the purposes |
|
authorized by this subchapter. |
|
SECTION 2.20. Section 1104.410, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP |
|
CERTIFICATION PROGRAM OF JUDICIAL BRANCH CERTIFICATION COMMISSION |
|
[BOARD]. Criminal history record information obtained by the |
|
guardianship certification program of the Judicial Branch |
|
Certification Commission [Guardianship Certification Board] under |
|
Section 1104.407(2) may be used for any purpose related to the |
|
issuance, denial, renewal, suspension, or revocation of a |
|
certificate issued by the commission [board]. |
|
SECTION 2.21. Subsection (b), Section 1203.052, Estates |
|
Code, as effective January 1, 2014, is amended to read as follows: |
|
(b) In addition to the authority granted to the court under |
|
Subsection (a), the court may, on the complaint of the guardianship |
|
certification program of the Judicial Branch Certification |
|
Commission [Guardianship Certification Board], remove a guardian |
|
who would be ineligible for appointment under Subchapter H, Chapter |
|
1104, because of the guardian's failure to maintain the |
|
certification required under Subchapter F, Chapter 1104. The |
|
guardian shall be cited to appear and contest the request for |
|
removal under this subsection in the manner provided by Subsection |
|
(a). |
|
SECTION 2.22. Subsection (b), Section 1251.003, Estates |
|
Code, as effective January 1, 2014, is amended to read as follows: |
|
(b) The application must state: |
|
(1) the name and address of the person who is the |
|
subject of the guardianship proceeding; |
|
(2) the danger to the person or property alleged to be |
|
imminent; |
|
(3) the type of appointment and the particular |
|
protection and assistance being requested; |
|
(4) the facts and reasons supporting the allegations |
|
and requests; |
|
(5) the proposed temporary guardian's name, address, |
|
and qualification; |
|
(6) the applicant's name, address, and interest; and |
|
(7) if applicable, that the proposed temporary |
|
guardian is a private professional guardian who is certified under |
|
Subchapter C, Chapter 155 [111], Government Code, and has complied |
|
with the requirements of Subchapter G, Chapter 1104. |
|
SECTION 2.23. Subsection (i), Section 411.081, 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. |
|
SECTION 2.24. Subsections (a-4), (a-6), (d), and (f), |
|
Section 411.1386, Government Code, are amended to read as follows: |
|
(a-4) The Department of Aging and Disability Services shall |
|
provide the information obtained under Subsection (a-1) to: |
|
(1) the clerk of the county having venue over the |
|
guardianship proceeding at the request of the court; and |
|
(2) the guardianship certification program of the |
|
Judicial Branch Certification Commission [Guardianship
|
|
Certification Board] at the request of the commission [board]. |
|
(a-6) The clerk described by Subsection (a) is not required |
|
to obtain criminal history record information for a person who |
|
holds a certificate issued under Section 155.102 [111.042] or a |
|
provisional certificate issued under Section 155.103 [111.0421] if |
|
the guardianship certification program of the Judicial Branch |
|
Certification Commission [Guardianship Certification Board] |
|
conducted a criminal history check on the person before issuing or |
|
renewing the certificate. The commission [board] shall provide to |
|
the clerk at the court's request the criminal history record |
|
information that was obtained from the department or the Federal |
|
Bureau of Investigation. |
|
(d) The criminal history record information obtained under |
|
Subsection (a-4) is for the exclusive use of the court or |
|
guardianship certification program of the Judicial Branch |
|
Certification Commission [Guardianship Certification Board], as |
|
appropriate, and is privileged and confidential. The information |
|
may not be released or otherwise disclosed to any person or agency |
|
except on court order, with the consent of the person being |
|
investigated, or as authorized by Subsection (a-6) or Section |
|
698(a-6), Texas Probate Code. The county clerk or guardianship |
|
certification program of the Judicial Branch Certification |
|
Commission [Guardianship Certification Board] may destroy the |
|
criminal history record information after the information is used |
|
for the purposes authorized by this section. |
|
(f) Criminal history record information obtained by the |
|
guardianship certification program of the Judicial Branch |
|
Certification Commission [Guardianship Certification Board] under |
|
Subsection (a-4)(2) may be used for any purpose related to the |
|
issuance, denial, renewal, suspension, or revocation of a |
|
certificate issued by the commission [board]. |
|
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. |
|
SECTION 2.26. Subsection (a), Section 2054.352, Government |
|
Code, is amended to read as follows: |
|
(a) The following licensing entities shall participate in |
|
the system established under Section 2054.353: |
|
(1) Texas Board of Chiropractic Examiners; |
|
(2) Judicial Branch [Court Reporters] Certification |
|
Commission [Board]; |
|
(3) State Board of Dental Examiners; |
|
(4) Texas Funeral Service Commission; |
|
(5) Texas Board of Professional Land Surveying; |
|
(6) Texas Medical Board; |
|
(7) Texas Board of Nursing; |
|
(8) Texas Optometry Board; |
|
(9) Department of Agriculture, for licenses issued |
|
under Chapter 1951, Occupations Code; |
|
(10) Texas State Board of Pharmacy; |
|
(11) Executive Council of Physical Therapy and |
|
Occupational Therapy Examiners; |
|
(12) Texas State Board of Plumbing Examiners; |
|
(13) Texas State Board of Podiatric Medical Examiners; |
|
(14) Texas State Board of Examiners of Psychologists; |
|
(15) State Board of Veterinary Medical Examiners; |
|
(16) Texas Real Estate Commission; |
|
(17) Texas Appraiser Licensing and Certification |
|
Board; |
|
(18) Texas Department of Licensing and Regulation; |
|
(19) Texas State Board of Public Accountancy; |
|
(20) State Board for Educator Certification; |
|
(21) Texas Board of Professional Engineers; |
|
(22) Department of State Health Services; |
|
(23) Texas Board of Architectural Examiners; |
|
(24) Texas Racing Commission; |
|
(25) Commission on Law Enforcement Officer Standards |
|
and Education; and |
|
(26) Texas Private Security Board. |
|
SECTION 2.27. Subsection (c), Section 161.114, Human |
|
Resources Code, is amended to read as follows: |
|
(c) A volunteer may provide life enrichment activities, |
|
companionship, transportation services, and other services to or |
|
for the ward in a guardianship, except the volunteer may not provide |
|
services that would require the volunteer to be certified under |
|
Section 155.102 [111.042], Government Code. |
|
SECTION 2.28. Subsection (a), Section 151.353, Tax Code, is |
|
amended to read as follows: |
|
(a) Court reporting services relating to the preparation of |
|
a document or other record in a civil or criminal suit by a notary |
|
public or a court reporter licensed by the Judicial Branch [State of
|
|
Texas Court Reporters] Certification Commission [Board] are |
|
exempted from the taxes imposed by this chapter if the document is: |
|
(1) prepared for the use of a person participating in a |
|
suit or the court in which a suit or administrative proceeding is |
|
brought; and |
|
(2) sold to a person participating in the suit. |
|
ARTICLE 3. REPEALER, TRANSITION, AND EFFECTIVE DATE |
|
SECTION 3.01. The following provisions of the Government |
|
Code are repealed: |
|
(1) Subdivisions (1), (2), (2-a), and (7), Subsection |
|
(a), Section 52.001; |
|
(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) Subdivision (5), Section 57.001; |
|
(5) Section 72.013; |
|
(6) Subchapter F, Chapter 72; and |
|
(7) Section 411.1403. |
|
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. |
|
SECTION 3.03. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2014. |