Texas 2013 - 83rd Regular

Texas House Bill HB3790 Compare Versions

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1	1	83R17330 YDB-F
2	2	By: Perry H.B. No. 3790
3	3	Substitute the following for H.B. No. 3790:
4	4	By: King of Hemphill C.S.H.B. No. 3790
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to creation of the Judicial Branch Certification
10	10	Commission and the consolidation of judicial profession
11	11	regulation; imposing penalties; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. JUDICIAL BRANCH CERTIFICATION COMMISSION
14	14	SECTION 1.01. Title 2, Government Code, is amended by
15	15	adding Subtitle K to read as follows:
16	16	SUBTITLE K. COURT PROFESSIONS REGULATION
17	17	CHAPTER 151. GENERAL PROVISIONS
18	18	Sec. 151.001. DEFINITIONS. In this subtitle:
19	19	(1) "Certification" means a certification issued by
20	20	the commission.
21	21	(2) "Commission" means the Judicial Branch
22	22	Certification Commission.
23	23	(3) "Director" means the administrative director of
24	24	the office.
25	25	(4) "License" means a license issued by the
26	26	commission.
27	27	(5) "Office" means the Office of Court Administration
28	28	of the Texas Judicial System.
29	29	(6) "Registration" means a registration issued by the
30	30	commission.
31	31	(7) "Regulated person" means a person who holds a
32	32	certification, registration, or license issued by the commission.
33	33	CHAPTER 152. JUDICIAL BRANCH CERTIFICATION COMMISSION
34	34	SUBCHAPTER A. GENERAL PROVISIONS
35	35	Sec. 152.001. SUNSET PROVISION. The Judicial Branch
36	36	Certification Commission is subject to Chapter 325 (Texas Sunset
37	37	Act), but is not abolished under that chapter. The commission shall
38	38	be reviewed during the period in which state agencies abolished in
39	39	2025 and every 12th year after 2025 are reviewed.
40	40	SUBCHAPTER B. COMMISSION
41	41	Sec. 152.051. ESTABLISHMENT OF COMMISSION. The Judicial
42	42	Branch Certification Commission is established to oversee the
43	43	regulatory programs assigned to it by state law or by the supreme
44	44	court.
45	45	Sec. 152.052. APPOINTMENT OF COMMISSION. (a) The
46	46	commission consists of nine members appointed by the supreme court
47	47	as follows:
48	48	(1) five judges, at least three of whom must be active
49	49	judges who preside over a court that employs an official court
50	50	reporter; and
51	51	(2) four public members.
52	52	(b) Subject to Subsection (d), public members of the
53	53	commission are appointed as follows:
54	54	(1) one member selected by the supreme court from a
55	55	list of nominees submitted by the Court Reporters Certification
56	56	Advisory Board established under Section 154.051 to represent that
57	57	advisory board;
58	58	(2) one member selected by the supreme court from a
59	59	list of nominees submitted by the Guardianship Certification
60	60	Advisory Board established under Section 155.051 to represent that
61	61	advisory board;
62	62	(3) one member selected by the supreme court from a
63	63	list of nominees submitted by the Process Server Certification
64	64	Advisory Board established under Section 156.051 to represent that
65	65	advisory board; and
66	66	(4) one member selected by the supreme court from a
67	67	list of nominees submitted by the licensed court interpreter
68	68	advisory board established under Section 157.051 to represent that
69	69	advisory board.
70	70	(c) In making an appointment under Subsection (b), the
71	71	supreme court may reject one or more of the nominees included on a
72	72	list submitted by an advisory board and request a new list of
73	73	nominees that does not include any nominees in the previous list.
74	74	(d) The supreme court may appoint to the commission a public
75	75	member selected by the supreme court if:
76	76	(1) an advisory board fails to provide the list of
77	77	nominees in the time required by the supreme court; or
78	78	(2) a selected nominee does not otherwise meet the
79	79	qualifications required by this chapter.
80	80	(e) Appointments to the commission shall be made without
81	81	regard to the race, color, disability, sex, religion, age, or
82	82	national origin of the appointee.
83	83	(f) A member appointed to the commission must be
84	84	knowledgeable about the professions certified by the commission.
85	85	Sec. 152.053. CONFLICT PROVISIONS. (a) In this section,
86	86	"Texas trade association" means a cooperative and voluntarily
87	87	joined statewide association of business or professional
88	88	competitors in this state designed to assist its members and its
89	89	industry or profession in dealing with mutual business or
90	90	professional problems and in promoting their common interest.
91	91	(b) A person is not eligible for appointment as a member of
92	92	the commission if the person or the person's spouse:
93	93	(1) is employed by or participates in the management
94	94	of a business entity or other organization receiving funds from the
95	95	commission;
96	96	(2) owns or controls, directly or indirectly, more
97	97	than a 10 percent interest in a business entity or other
98	98	organization receiving funds from the commission; or
99	99	(3) uses or receives a substantial amount of tangible
100	100	goods, services, or funds from the commission, other than
101	101	compensation or reimbursement authorized by law for commission
102	102	membership, attendance, or expenses.
103	103	(c) A person may not serve as a member of the commission or
104	104	act as the general counsel to the commission if the person is
105	105	required to register as a lobbyist under Chapter 305 because of the
106	106	person's activities for compensation on behalf of a profession
107	107	related to the operation of the commission.
108	108	(d) A person may not be a member of the commission and may
109	109	not be a commission employee employed in a "bona fide executive,
110	110	administrative, or professional capacity," as that phrase is used
111	111	for purposes of establishing an exemption to the overtime
112	112	provisions of the federal Fair Labor Standards Act of 1938 (29
113	113	U.S.C. Section 201 et seq.), if:
114	114	(1) the person is an officer, employee, or paid
115	115	consultant of a Texas trade association in the legal profession; or
116	116	(2) the person's spouse is an officer, manager, or paid
117	117	consultant of a Texas trade association in the legal profession.
118	118	Sec. 152.054. TRAINING. (a) A person who is appointed to
119	119	and qualifies for office as a member of the commission may not vote,
120	120	deliberate, or be counted as a member in attendance at a meeting of
121	121	the commission until the person completes a training program that
122	122	complies with this section.
123	123	(b) The training program must provide the person with
124	124	information regarding:
125	125	(1) this subtitle and the rules of the commission,
126	126	with an emphasis on the rules that relate to the commission's
127	127	disciplinary and investigatory authority;
128	128	(2) rules of ethics, codes of conduct, and other rules
129	129	adopted by the supreme court that are applicable to each profession
130	130	regulated or subject to oversight by the commission;
131	131	(3) the role and functions of the commission;
132	132	(4) the current budget for the commission;
133	133	(5) the results of the most recent formal audit of the
134	134	commission; and
135	135	(6) any ethics policies applicable to the commission
136	136	and adopted by the commission or supreme court.
137	137	(c) A person appointed to the commission is entitled to
138	138	reimbursement, as provided by the General Appropriations Act, for
139	139	the travel expenses incurred in attending the training program
140	140	regardless of whether the attendance at the program occurs before
141	141	or after the person qualifies for office.
142	142	Sec. 152.055. TERMS; VACANCY; REMOVAL. (a) Members of the
143	143	commission serve staggered six-year terms. The terms of three
144	144	members expire on February 1 of each odd-numbered year.
145	145	(b) If a vacancy occurs during a member's term, the supreme
146	146	court shall appoint a similarly qualified person to fill the
147	147	unexpired term.
148	148	(c) The supreme court may remove a member of the commission
149	149	for inefficiency or neglect of duty in office.
150	150	Sec. 152.056. PRESIDING OFFICER. The supreme court shall
151	151	designate a member of the commission as presiding officer of the
152	152	commission to serve in that capacity at the pleasure of the supreme
153	153	court.
154	154	Sec. 152.057. COMPENSATION; REIMBURSEMENT. (a) A
155	155	commission member may not receive compensation for service on the
156	156	commission.
157	157	(b) A commission member is entitled to reimbursement for
158	158	travel expenses and other actual and necessary expenses incurred in
159	159	performing functions as a commission member, subject to any
160	160	applicable limitation on reimbursement provided by the General
161	161	Appropriations Act.
162	162	Sec. 152.058. MEETINGS. (a) The commission shall meet at
163	163	least once in each quarter of the fiscal year.
164	164	(b) The commission may meet at other times at the call of the
165	165	presiding officer or as provided by commission rules.
166	166	Sec. 152.059. PUBLIC TESTIMONY. The commission shall
167	167	develop and implement policies that provide the public with a
168	168	reasonable opportunity to appear before the commission and to speak
169	169	on any issue under the jurisdiction of the commission.
170	170	SUBCHAPTER C. ADMINISTRATION
171	171	Sec. 152.101. RULES. The supreme court may adopt rules
172	172	consistent with this subtitle, including rules governing the
173	173	certification, registration, licensing, and conduct of persons
174	174	regulated under this subtitle. The supreme court may authorize the
175	175	commission to adopt rules as the supreme court considers
176	176	appropriate or as otherwise specified under this subtitle.
177	177	Sec. 152.102. RULES REGARDING ADVERTISING OR COMPETITIVE
178	178	BIDDING. (a) Subject to any rules related to ethics or
179	179	professional conduct promulgated by the supreme court, the supreme
180	180	court may not adopt rules restricting advertising or competitive
181	181	bidding by a holder of a certification, registration, or license
182	182	except to prohibit false, misleading, or deceptive practices.
183	183	(b) In its rules to prohibit false, misleading, or deceptive
184	184	practices, the supreme court may not include a rule that:
185	185	(1) restricts the use of any medium for advertising;
186	186	(2) restricts the use of a regulated person's personal
187	187	appearance or voice in an advertisement;
188	188	(3) relates to the size or duration of an
189	189	advertisement by the regulated person; or
190	190	(4) restricts the regulated person's advertisement
191	191	under a trade name.
192	192	Sec. 152.103. ADMINISTRATIVE ATTACHMENT. (a) The
193	193	commission is administratively attached to the office.
194	194	(b) Notwithstanding any other law, the office shall:
195	195	(1) provide administrative assistance, services, and
196	196	materials to the commission, including budget planning and
197	197	purchasing;
198	198	(2) accept, deposit, and disburse money made available
199	199	to the commission;
200	200	(3) reimburse the travel expenses and other actual and
201	201	necessary expenses of commission members incurred in the
202	202	performance of official commission duties, as provided by the
203	203	General Appropriations Act; and
204	204	(4) provide the commission with adequate computer
205	205	equipment and support.
206	206	Sec. 152.104. DIRECTOR. The director shall:
207	207	(1) perform any duty assigned by the commission and
208	208	other duties specified by law; and
209	209	(2) administer and enforce the commission's programs.
210	210	Sec. 152.105. DIVISION OF RESPONSIBILITIES. The commission
211	211	shall develop and implement policies that clearly separate the
212	212	policy-making responsibilities of the commission and the
213	213	management responsibilities of the director and the staff of the
214	214	office.
215	215	Sec. 152.106. USE OF TECHNOLOGY. The commission shall
216	216	implement a policy requiring the commission to use appropriate
217	217	technological solutions to improve the commission's ability to
218	218	perform its functions. The policy must ensure that the public is
219	219	able to interact with the commission on the Internet.
220	220	Sec. 152.107. INFORMATION ON STANDARDS OF CONDUCT. The
221	221	director or the director's designee shall provide to members of the
222	222	commission and to office employees, as often as necessary,
223	223	information regarding the requirements for service or employment
224	224	under this subtitle, including information regarding a person's
225	225	responsibilities under applicable laws relating to standards of
226	226	conduct for state officers or employees.
227	227	Sec. 152.108. PUBLIC INTEREST INFORMATION. (a) The
228	228	commission shall prepare information of public interest describing
229	229	the functions of the commission under this subtitle and the
230	230	procedure by which complaints are filed and resolved under this
231	231	subtitle.
232	232	(b) The commission shall make the information available to
233	233	the public and appropriate state agencies.
234	234	Sec. 152.109. COMPLAINTS. (a) The commission shall
235	235	establish methods by which consumers are notified of the name,
236	236	mailing address, and telephone number of the commission for the
237	237	purpose of directing complaints about persons regulated under this
238	238	subtitle to the commission.
239	239	(b) The commission shall list with its regular telephone
240	240	number any toll-free telephone number established under other state
241	241	law that may be called to present a complaint about a person
242	242	regulated under this subtitle.
243	243	Sec. 152.110. RECORDS OF COMPLAINTS. (a) The commission
244	244	shall maintain a file on each written complaint filed with the
245	245	commission under this subtitle. The file must include:
246	246	(1) the name of the person who filed the complaint;
247	247	(2) the date the complaint is received by the
248	248	commission;
249	249	(3) the subject matter of the complaint;
250	250	(4) the name of each person contacted in relation to
251	251	the complaint;
252	252	(5) a summary of the results of the review or
253	253	investigation of the complaint; and
254	254	(6) an explanation of the reason the file was closed,
255	255	if the commission closed the file without taking action other than
256	256	to investigate the complaint.
257	257	(b) The commission shall provide to the person filing the
258	258	complaint and to each person who is a subject of the complaint a
259	259	copy of the commission's policies and procedures relating to
260	260	complaint investigation and resolution. A person who reports a
261	261	complaint by telephone shall be given information on how to file a
262	262	written complaint.
263	263	(c) The commission, at least quarterly and until final
264	264	disposition of the complaint, shall notify the person filing the
265	265	complaint and each person who is a subject of the complaint of the
266	266	status of the investigation unless the notice would jeopardize an
267	267	ongoing investigation.
268	268	Sec. 152.111. COMPLAINT DISMISSAL. (a) The commission may
269	269	adopt a policy allowing office employees to dismiss complaints
270	270	that:
271	271	(1) clearly do not allege misconduct; or
272	272	(2) are not within the commission's jurisdiction.
273	273	(b) Office employees shall inform the commission of all
274	274	dismissals made under this section.
275	275	(c) A person who files a complaint that is dismissed under
276	276	this section may request that the commission reconsider the
277	277	complaint.
278	278	Sec. 152.112. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
279	279	(a) The commission shall develop and implement a policy to
280	280	encourage the use of appropriate alternative dispute resolution
281	281	procedures to assist in the resolution of internal and external
282	282	disputes under the commission's jurisdiction.
283	283	(b) The procedures relating to alternative dispute
284	284	resolution under this section must conform, to the extent possible,
285	285	to any model guidelines issued by the State Office of
286	286	Administrative Hearings for the use of alternative dispute
287	287	resolution by state agencies.
288	288	SUBCHAPTER D. POWERS AND DUTIES
289	289	Sec. 152.151. GENERAL POWERS AND DUTIES. (a) The
290	290	commission shall:
291	291	(1) administer and enforce this subtitle;
292	292	(2) in consultation with appropriate advisory boards,
293	293	develop and recommend rules to the supreme court;
294	294	(3) in consultation with appropriate advisory boards,
295	295	develop and recommend to the supreme court a code of ethics for each
296	296	profession regulated under this subtitle;
297	297	(4) set fees in amounts reasonable and necessary to
298	298	cover the costs of administering the programs or activities
299	299	administered by the commission, including examinations and
300	300	issuance and renewal of certifications, registrations, and
301	301	licenses; and
302	302	(5) in consultation with appropriate advisory boards,
303	303	establish qualifications for certification, registration, and
304	304	licensing under this subtitle.
305	305	(b) The commission may:
306	306	(1) require applicants for certification,
307	307	registration, or licensing under this subtitle to pass an
308	308	examination that is developed and administered by the commission,
309	309	or by the commission in conjunction with a person with whom the
310	310	commission contracts to develop and administer the examination, and
311	311	charge fees for the examination;
312	312	(2) require regulated persons to obtain continuing
313	313	education; and
314	314	(3) appoint necessary committees.
315	315	Sec. 152.152. ADVISORY BOARDS. (a) In addition to the
316	316	advisory boards specifically established under this subtitle, the
317	317	commission may establish other advisory boards to advise the
318	318	commission on policy and persons regulated under this subtitle.
319	319	(b) An advisory board established under this subtitle,
320	320	including under this section, shall meet at least once each year and
321	321	at the call of the presiding officer.
322	322	(c) An advisory board established under this subtitle,
323	323	including under this section, shall assist the commission by
324	324	developing and recommending rules to the commission. The advisory
325	325	board may establish subcommittees to fulfill the duties imposed
326	326	under this subsection.
327	327	(d) An advisory board member serves without compensation
328	328	but is entitled to reimbursement for travel expenses and other
329	329	actual and necessary expenses incurred in performing functions as
330	330	an advisory board member, subject to any applicable limitation on
331	331	reimbursement provided by the General Appropriations Act.
332	332	SUBCHAPTER E. CERTIFICATION, REGISTRATION, AND LICENSING
333	333	REQUIREMENTS
334	334	Sec. 152.201. EXAMINATIONS. (a) Not later than the 30th
335	335	day after the date a person takes an examination, the commission
336	336	shall notify the person of the results of the examination.
337	337	(b) If the examination is graded or reviewed by a testing
338	338	service:
339	339	(1) the commission shall notify the person of the
340	340	results of the examination not later than the 30th day after the
341	341	date the commission receives the results from the testing service;
342	342	and
343	343	(2) if notice of the examination results will be
344	344	delayed for longer than 90 days after the examination date, the
345	345	commission shall notify the person of the reason for the delay
346	346	before the 90th day.
347	347	(c) The commission may require a testing service to:
348	348	(1) notify a person of the results of the person's
349	349	examination; or
350	350	(2) collect a fee for administering an examination
351	351	from a person taking the examination.
352	352	(d) If requested in writing by a person who fails an
353	353	examination, the commission shall furnish the person with an
354	354	analysis of the person's performance on the examination.
355	355	Sec. 152.202. ENDORSEMENT; RECIPROCITY. (a) The
356	356	commission may waive any prerequisite to obtaining a certification,
357	357	registration, or license for an applicant after reviewing the
358	358	applicant's credentials and determining that the applicant holds a
359	359	certification, registration, or license issued by another
360	360	jurisdiction that has certification, registration, or licensing
361	361	requirements substantially equivalent to those of this state.
362	362	(b) The commission may waive any prerequisite to obtaining a
363	363	certification, registration, or license for an applicant who holds
364	364	a certification, registration, or license issued by another
365	365	jurisdiction with which this state has a reciprocity agreement.
366	366	The commission may make an agreement, subject to the approval of the
367	367	supreme court, with another state to allow for certification,
368	368	registration, or licensing by reciprocity.
369	369	Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
370	370	shall adopt rules on applicants' ineligibility for certification,
371	371	registration, or licensing under this subtitle based on the
372	372	person's criminal history or other information that indicates the
373	373	person lacks the honesty, trustworthiness, or integrity to hold the
374	374	certification, registration, or license.
375	375	Sec. 152.204. CONTINUING EDUCATION. (a) The supreme court
376	376	may authorize and the commission by rule may require continuing
377	377	professional education for persons regulated under this subtitle.
378	378	(b) The rules for continuing professional education adopted
379	379	by the commission may include standards relating to:
380	380	(1) reporting by regulated persons or by providers of
381	381	continuing professional education;
382	382	(2) continuing professional education course content;
383	383	and
384	384	(3) the minimum number of continuing professional
385	385	education hours required.
386	386	(c) The commission by rule may exempt certain persons,
387	387	including retired persons and persons with disabilities, from all
388	388	or a portion of the continuing education requirements.
389	389	Sec. 152.205. CODE OF ETHICS. (a) The commission shall
390	390	develop and recommend to the supreme court for adoption by rule a
391	391	code of ethics for persons regulated under this subtitle. In
392	392	developing the code of ethics, the commission may use the codes of
393	393	ethics adopted by state or national associations as models.
394	394	(b) The commission shall publish the code of ethics after
395	395	adoption by the supreme court.
396	396	(c) After publishing the code of ethics, the commission
397	397	shall propose to the supreme court a rule stating that a person who
398	398	violates the code of ethics is subject to an administrative penalty
399	399	assessed under Chapter 153.
400	400	(d) The commission shall update the code of ethics as
401	401	necessary to reflect changes in technology or other factors
402	402	affecting a profession regulated under this subtitle.
403	403	CHAPTER 153. COMMISSION ENFORCEMENT
404	404	SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS
405	405	Sec. 153.001. INVESTIGATIONS. The commission may conduct
406	406	investigations as necessary to enforce the laws administered by the
407	407	commission.
408	408	Sec. 153.002. SUBPOENAS. (a) The commission may issue a
409	409	subpoena as provided by this section.
410	410	(b) The commission may request and, if necessary, compel by
411	411	subpoena:
412	412	(1) the production for inspection and copying of
413	413	records, documents, and other evidence relevant to the
414	414	investigation of an alleged violation of this subtitle, a law
415	415	establishing a regulatory program administered by the commission, a
416	416	rule adopted under this subtitle, or an order issued by the
417	417	commission or director; and
418	418	(2) the attendance of a witness for examination under
419	419	oath.
420	420	(c) A subpoena under this section may be issued throughout
421	421	this state and may be served by any person designated by the
422	422	commission or the director.
423	423	(d) The commission, acting through the attorney general,
424	424	may bring an action to enforce a subpoena issued under this section
425	425	against a person who fails to comply with the subpoena.
426	426	(e) Venue for an action brought under this section is in a
427	427	district court in:
428	428	(1) Travis County; or
429	429	(2) any county in which the commission may hold a
430	430	hearing.
431	431	(f) The court shall order compliance with the subpoena if
432	432	the court finds that good cause exists to issue the subpoena.
433	433	Sec. 153.003. CEASE AND DESIST ORDER. The director may
434	434	issue a cease and desist order if the director determines that the
435	435	action is necessary to prevent a violation of:
436	436	(1) this subtitle;
437	437	(2) a law establishing a regulatory program
438	438	administered by the commission; or
439	439	(3) a rule adopted under this subtitle or order issued
440	440	by the commission or the director.
441	441	Sec. 153.004. DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO
442	442	RENEW; REPRIMAND; PROBATION. (a) The commission may deny, revoke,
443	443	suspend, or refuse to renew a certification, registration, or
444	444	license or may reprimand a regulated person for a violation of this
445	445	subtitle, a law establishing a regulatory program administered by
446	446	the commission, a rule adopted under this subtitle, or an order
447	447	issued by the commission or director.
448	448	(b) The commission may place on probation a person whose
449	449	certification, registration, or license is suspended. If a
450	450	certification, registration, or license suspension is probated,
451	451	the commission may require the person to:
452	452	(1) report regularly to the commission on matters that
453	453	are the basis of the probation;
454	454	(2) limit practice to the areas prescribed by the
455	455	commission; or
456	456	(3) continue or review professional education until
457	457	the person attains a degree of skill satisfactory to the commission
458	458	in those areas that are the basis for the probation.
459	459	Sec. 153.005. INJUNCTION. (a) The commission may apply to
460	460	a district court in any county for an injunction to restrain a
461	461	violation of this subtitle or a rule adopted under this subtitle by
462	462	a person.
463	463	(b) At the request of the commission, the attorney general
464	464	shall initiate and conduct an action in a district court in the
465	465	state's name to obtain an injunction under this section.
466	466	(c) If the state prevails in a suit under this section, the
467	467	attorney general may recover on behalf of the state reasonable
468	468	attorney's fees, court costs, and reasonable investigative costs
469	469	incurred in relation to the proceeding.
470	470	SUBCHAPTER B. ADMINISTRATIVE PENALTY; ADMINISTRATIVE SANCTION
471	471	Sec. 153.051. IMPOSITION OF PENALTY. (a) The commission
472	472	may impose an administrative penalty on a person regulated under
473	473	this subtitle who violates this subtitle or a rule or standard
474	474	adopted or order issued under this subtitle.
475	475	(b) A proceeding under this subchapter imposing an
476	476	administrative penalty may be combined with a proceeding to impose
477	477	an administrative sanction otherwise imposed under this subtitle.
478	478	If an administrative sanction is imposed in a proceeding under this
479	479	subchapter, the requirements of this subchapter apply to the
480	480	imposition of the sanction.
481	481	Sec. 153.052. AMOUNT OF PENALTY. (a) The amount of an
482	482	administrative penalty may not exceed $500 for each violation, and
483	483	each day a violation continues or occurs is a separate violation for
484	484	purposes of imposing a penalty.
485	485	(b) The amount shall be based on:
486	486	(1) the seriousness of the violation, including the
487	487	nature, circumstances, extent, and gravity of the violation;
488	488	(2) the threat to health or safety caused by the
489	489	violation;
490	490	(3) any previous violations;
491	491	(4) the amount necessary to deter a future violation;
492	492	(5) whether the violator demonstrated good faith,
493	493	including when applicable whether the violator made good faith
494	494	efforts to correct the violation; and
495	495	(6) any other matter that justice may require.
496	496	Sec. 153.053. REPORT AND NOTICE OF VIOLATION, PENALTY, AND
497	497	SANCTION. (a) The commission shall:
498	498	(1) appoint a committee of advisory board members to
499	499	review a complaint, make the initial determination on whether a
500	500	violation occurred, and recommend the imposition of a penalty, a
501	501	sanction, or both for violations;
502	502	(2) review the determination and recommendation of the
503	503	committee and accept or revise as necessary the determination and
504	504	recommendation; and
505	505	(3) give to the person who is the subject of the
506	506	complaint written notice by certified mail of the commission's
507	507	determination on whether a violation occurred and each recommended
508	508	penalty or sanction, if any.
509	509	(b) The notice required under Subsection (a) must:
510	510	(1) include a brief summary of the alleged violation;
511	511	(2) state the amount of any recommended penalty;
512	512	(3) state any recommended sanction; and
513	513	(4) inform the person of the person's right to a
514	514	hearing on the occurrence of the violation, the amount of the
515	515	penalty, the imposition of the sanction, or any combination.
516	516	Sec. 153.054. PENALTY PAID, SANCTION ACCEPTED, OR HEARING
517	517	REQUESTED. (a) Not later than the 20th day after the date the
518	518	person receives the notice sent under Section 153.053, the person
519	519	in writing may:
520	520	(1) accept the determination of the commission and
521	521	recommended penalty or sanction; or
522	522	(2) make a request for a hearing on the occurrence of
523	523	the violation, the imposition or amount of the penalty, the
524	524	imposition of the sanction, or any combination.
525	525	(b) If the person accepts the determination and recommended
526	526	penalty or sanction or if the person fails to respond to the notice,
527	527	the commission by order shall approve the determination and impose
528	528	the recommended penalty or sanction.
529	529	Sec. 153.055. NOTICE; HEARING. (a) If the person requests a
530	530	hearing, the commission shall give to the person written notice of
531	531	the hearing that includes the time, place, legal authority, and
532	532	jurisdiction under which the hearing is held and the laws and rules
533	533	related to the violation.
534	534	(b) The person may appear, present evidence, and respond to
535	535	questions from the commission at the hearing.
536	536	(c) The commission shall make findings of fact and
537	537	conclusions of law and promptly issue an order on the occurrence of
538	538	the violation, the amount of any penalty imposed, and the
539	539	imposition of any sanction. The commission shall give the person
540	540	notice of the order.
541	541	(d) On approval of the supreme court, the commission may
542	542	adopt rules governing the hearing, including rules on appearance by
543	543	telephone.
544	544	(e) The presiding officer of the commission may hold
545	545	prehearing conferences.
546	546	(f) The notice of the commission's order under Subsection
547	547	(c) must include a statement of the right of the person to appeal
548	548	the order under Section 153.058.
549	549	(g) On request of the commission, at least one member of the
550	550	applicable advisory board committee shall attend the hearing to
551	551	consult with the commission on the reasons for the advisory board
552	552	committee's recommendations under Section 153.053(a).
553	553	(h) At the hearing, the commission shall apply the general
554	554	rules of evidence applicable in a district court, except that the
555	555	commission may admit and consider any information the commission
556	556	determines is relevant, trustworthy, and necessary for a full and
557	557	fair adjudication and determination of fact or law.
558	558	Sec. 153.056. OPTIONS FOLLOWING DECISION: PAY, ACCEPT, OR
559	559	APPEAL. Not later than the 30th day after the date the order of the
560	560	commission imposing an administrative penalty or sanction under
561	561	Section 153.055 becomes final, the person shall:
562	562	(1) pay the penalty or accept the sanction; or
563	563	(2) file an appeal of the commission's order
564	564	contesting the occurrence of the violation, the imposition or
565	565	amount of the penalty, the imposition of the sanction, or any
566	566	combination.
567	567	Sec. 153.057. COLLECTION OF PENALTY. (a) If the person
568	568	does not pay the penalty and the enforcement of the penalty is not
569	569	stayed in accordance with supreme court rules, the penalty may be
570	570	collected.
571	571	(b) The attorney general may sue to collect the penalty and
572	572	may recover reasonable expenses, including attorney's fees,
573	573	incurred in recovering the penalty.
574	574	(c) A penalty collected under this subchapter shall be
575	575	deposited in the state treasury in the general revenue fund.
576	576	Sec. 153.058. APPEAL OF DECISION. (a) The supreme court
577	577	shall adopt rules governing appeals under this subchapter.
578	578	(b) The rules must require the appeal to be made to a special
579	579	committee consisting of three regional presiding judges. If the
580	580	alleged violation involves a certified guardian, the committee must
581	581	consist of two regional presiding judges and the presiding judge of
582	582	the statutory probate courts.
583	583	(c) An appeal must be filed not later than the 30th day after
584	584	the date the commission's order is issued.
585	585	(d) The special committee shall consider the appeal under an
586	586	abuse of discretion standard of review for all issues except issues
587	587	involving questions of law. The standard of review for issues
588	588	involving questions of law is de novo.
589	589	(e) The special committee may confer in writing with a
590	590	certification, registration, or license holder who is in the same
591	591	profession as the person appealing the commission's order if the
592	592	special committee provides to the person:
593	593	(1) notice of the special committee's request for
594	594	information; and
595	595	(2) a copy of the certification, registration, or
596	596	license holder's response.
597	597	(f) If the special committee sustains the finding that a
598	598	violation occurred, the special committee may:
599	599	(1) uphold or reduce the amount of any penalty and
600	600	order the person to pay the full or reduced amount of the penalty;
601	601	and
602	602	(2) uphold or reduce any sanction and order the
603	603	imposition of the sanction.
604	604	(g) If the special committee does not sustain the finding
605	605	that a violation occurred, the special committee shall order that a
606	606	penalty is not owed and that a sanction may not be imposed.
607	607	Sec. 153.059. REMITTANCE OF PENALTY AND INTEREST. (a) If
608	608	the person paid the penalty and if the amount of the penalty is
609	609	reduced or the penalty is not upheld by the special committee, the
610	610	special committee shall order that the appropriate amount plus
611	611	accrued interest be remitted to the person not later than the 30th
612	612	day after the date the judgment of the special committee becomes
613	613	final.
614	614	(b) The interest accrues at the rate charged on loans to
615	615	depository institutions by the New York Federal Reserve Bank.
616	616	(c) The interest shall be paid for the period beginning on
617	617	the date the penalty is paid and ending on the date the penalty is
618	618	remitted.
619	619	CHAPTER 154. COURT REPORTERS CERTIFICATION AND SHORTHAND REPORTING
620	620	FIRMS REGISTRATION
621	621	SUBCHAPTER A. GENERAL PROVISIONS
622	622	Sec. 154.001. DEFINITIONS. (a) In this chapter:
623	623	(1) "Advisory board" means the Court Reporters
624	624	Certification Advisory Board.
625	625	(2) "Certification" means, notwithstanding Section
626	626	151.001, a certification issued by the supreme court on the
627	627	commission's recommendation.
628	628	(3) "Official court reporter" means the shorthand
629	629	reporter appointed by a judge as the official court reporter.
630	630	(4) "Shorthand reporter" and "court reporter" mean a
631	631	person who engages in shorthand reporting.
632	632	(5) "Shorthand reporting" and "court reporting" mean
633	633	the practice of shorthand reporting for use in litigation in the
634	634	courts of this state by making a verbatim record of an oral court
635	635	proceeding, deposition, or proceeding before a grand jury, referee,
636	636	or court commissioner using written symbols in shorthand, machine
637	637	shorthand, or oral stenography.
638	638	(6) "Shorthand reporting firm," "court reporting
639	639	firm," and "affiliate office" mean an entity wholly or partly in the
640	640	business of providing court reporting or other related services in
641	641	this state.
642	642	(b) For purposes of Subsection (a)(6), a court reporting
643	643	firm, shorthand reporting firm, or affiliate office is considered
644	644	to be providing court reporting or other related services in this
645	645	state if:
646	646	(1) any act that constitutes a court reporting service
647	647	or shorthand reporting service occurs wholly or partly in this
648	648	state;
649	649	(2) the firm or affiliate office recruits a resident
650	650	of this state through an intermediary located inside or outside of
651	651	this state to provide court reporting services, shorthand reporting
652	652	services, or other related services in this state; or
653	653	(3) the firm or affiliate office contracts with a
654	654	resident of this state by mail or otherwise and either party is to
655	655	perform court reporting services, shorthand reporting services, or
656	656	other related services wholly or partly in this state.
657	657	Sec. 154.002. RULES. The supreme court may adopt rules
658	658	consistent with this subtitle, including rules governing:
659	659	(1) the certification and conduct of official and
660	660	deputy court reporters and shorthand reporters; and
661	661	(2) the registration and conduct of court reporting
662	662	and shorthand reporting firms.
663	663	SECTION 1.02. Chapter 154, Government Code, as added by
664	664	this Act, is amended by adding Subchapter B, and a heading is added
665	665	to that subchapter to read as follows:
666	666	SUBCHAPTER B. COURT REPORTERS CERTIFICATION ADVISORY BOARD
667	667	SECTION 1.03. Sections 52.011 and 52.0111, Government Code,
668	668	are transferred to Subchapter B, Chapter 154, Government Code, as
669	669	added by this Act, redesignated as Sections 154.051 and 154.052,
670	670	Government Code, and amended to read as follows:
671	671	Sec. 154.051 [52.011]. ORGANIZATION. (a) The Court
672	672	Reporters Certification Advisory Board is established as an
673	673	advisory board to the commission. The advisory board is composed of
674	674	at least seven members appointed by the supreme court as follows
675	675	[and is composed of]:
676	676	(1) one active district judge presiding over a court
677	677	that employs an official court reporter [who serves as chairman];
678	678	(2) one [two] active attorney [attorneys] licensed in
679	679	this state who has [have] been a practicing member [members] of the
680	680	State Bar for more than the five years immediately preceding the
681	681	attorney's [their] appointment to the advisory board;
682	682	(3) two active official court reporters who have
683	683	practiced shorthand reporting in this state for more than the five
684	684	years immediately preceding their appointment to the advisory
685	685	board;
686	686	(4) two active certified shorthand reporters who work
687	687	on a freelance basis and who have practiced shorthand reporting for
688	688	more than the five years immediately preceding their appointment to
689	689	the advisory board; and
690	690	(5) one representative of a shorthand reporting firm
691	691	[that is not owned by a certified shorthand reporter and] that has
692	692	operated as a shorthand reporting firm in this state for more than
693	693	the three years immediately preceding the representative's
694	694	appointment to the advisory board[;
695	695	[(6) one representative of a shorthand reporting firm
696	696	that is owned by a certified shorthand reporter and that has
697	697	operated as a shorthand reporting firm in this state for more than
698	698	the three years immediately preceding the representative's
699	699	appointment to the board; and
700	700	[(7) four members who are representatives of the
701	701	general public].
702	702	(b) Appointments to the advisory board shall be made without
703	703	regard to the race, color, disability, sex, religion, age, or
704	704	national origin of the appointees.
705	705	(c) The advisory board member appointed under Subsection
706	706	(a)(1) serves as presiding officer of the advisory board. [A person
707	707	may not be a member of the board or act as the general counsel to the
708	708	board if the person is:
709	709	[(1) required to register as a lobbyist under Chapter
710	710	305 because of the person's activities for compensation on behalf
711	711	of a profession related to the operation of the board; or
712	712	[(2) an owner, officer, or employee of a school or
713	713	institution engaged in instructing persons in shorthand reporting
714	714	skills.]
715	715	(d) A majority of the advisory board constitutes a quorum.
716	716	[In this subsection, "Texas trade association" means a cooperative
717	717	and voluntarily joined statewide association of business or
718	718	professional competitors in this state designed to assist its
719	719	members and its industry or profession in dealing with mutual
720	720	business or professional problems and in promoting their common
721	721	interest. A person may not be a member of the board and may not be a
722	722	board employee employed in a "bona fide executive, administrative,
723	723	or professional capacity," as that phrase is used for purposes of
724	724	establishing an exemption to the overtime provisions of the federal
725	725	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
726	726	and its subsequent amendments, if:
727	727	[(1) the person is an officer, employee, or paid
728	728	consultant of a Texas trade association in the field of shorthand
729	729	reporting; or
730	730	[(2) the person's spouse is an officer, manager, or
731	731	paid consultant of a Texas trade association in the field of
732	732	shorthand reporting.]
733	733	(e) Advisory board [A person may not be a public member of
734	734	the board if the person or the person's spouse:
735	735	[(1) is a judge;
736	736	[(2) is licensed to practice law in this state;
737	737	[(3) is registered or certified by the board;
738	738	[(4) is an elected public official;
739	739	[(5) is a full-time governmental employee;
740	740	[(6) is employed by or participates in the management
741	741	of a business entity or other organization regulated by or
742	742	receiving money from the board;
743	743	[(7) owns or controls, directly or indirectly, more
744	744	than a 10 percent interest in a business entity or other
745	745	organization regulated by or receiving money from the board; or
746	746	[(8) uses or receives a substantial amount of tangible
747	747	goods, services, or money from the board other than compensation or
748	748	reimbursement authorized by law for board membership, attendance,
749	749	or expenses.
750	750	[(f) Board] members serve staggered six-year terms of
751	751	office as ordered by the supreme court[, with the terms of two or
752	752	three members expiring on December 31 of each year].
753	753	(f) [(g) A member holds office until that member's
754	754	successor is appointed and has qualified for office. A board member
755	755	may not be appointed to an immediately succeeding term unless the
756	756	member has served less than three consecutive years.
757	757	[(h)] If a vacancy occurs on the advisory board, the supreme
758	758	court shall appoint a similarly qualified person to serve the
759	759	remainder of the term.
760	760	(g) Advisory board [(i) Board] members serve without
761	761	compensation but are entitled to reimbursement for travel expenses
762	762	and other actual and necessary expenses incurred in the performance
763	763	of official advisory [traveling and performing official] board
764	764	duties, as provided by the General Appropriations Act.
765	765	Sec. 154.052 [52.0111]. ADVISORY BOARD MEMBER TRAINING.
766	766	(a) A person who is appointed to and qualifies for office as a
767	767	member of the advisory board may not vote, deliberate, or be counted
768	768	as a member in attendance at a meeting of the advisory board until
769	769	the person completes a training program that complies with this
770	770	section.
771	771	(b) The training program must provide the person with
772	772	information regarding:
773	773	(1) this chapter [the legislation that created the
774	774	board];
775	775	(2) [the programs operated by the board;
776	776	[(3)] the role and functions of the advisory board;
777	777	(3) [(4)] the rules of the commission [board], with an
778	778	emphasis on the rules that relate to disciplinary and investigatory
779	779	authority; and
780	780	(4) [(5) the current budget for the board;
781	781	[(6) the results of the most recent formal audit of the
782	782	board;
783	783	[(7) the requirements of:
784	784	[(A) the open meetings law, Chapter 551;
785	785	[(B) the public information law, Chapter 552;
786	786	[(C) the administrative procedure law, Chapter
787	787	2001; and
788	788	[(D) other laws relating to public officials,
789	789	including conflict-of-interest laws; and
790	790	[(8)] any applicable ethics policies adopted by the
791	791	commission [board or the Texas Ethics Commission].
792	792	(c) A person appointed to the advisory board is entitled to
793	793	reimbursement, as provided by the General Appropriations Act, for
794	794	the travel expenses incurred in attending the training program
795	795	regardless of whether the attendance at the program occurs before
796	796	or after the person qualifies for office.
797	797	SECTION 1.04. Subchapter C, Chapter 52, Government Code, is
798	798	transferred to Chapter 154, Government Code, as added by this Act,
799	799	redesignated as Subchapter C, Chapter 154, Government Code, and
800	800	amended to read as follows:
801	801	SUBCHAPTER C. CERTIFICATION AND REGISTRATION
802	802	Sec. 154.101 [52.021]. CERTIFICATION OF REPORTERS. (a) A
803	803	person may not be appointed an official court reporter or a deputy
804	804	court reporter unless the person is certified as a shorthand
805	805	reporter by the supreme court.
806	806	(b) A person may not engage in shorthand reporting in this
807	807	state unless the person is certified as a shorthand reporter by the
808	808	supreme court.
809	809	(c) A certification issued under this chapter must be for
810	810	one or more of the following methods of shorthand reporting:
811	811	(1) written shorthand;
812	812	(2) machine shorthand;
813	813	(3) oral stenography; or
814	814	(4) any other method of shorthand reporting authorized
815	815	by the supreme court.
816	816	(d) A person certified under state law as a court reporter
817	817	[this chapter] before September 1, 1983, may retain a general
818	818	certification authorizing the person to use any authorized method
819	819	of shorthand reporting. The person must keep the certification in
820	820	continuous effect.
821	821	(e) A person may not assume or use the title or designation
822	822	"court recorder," "court reporter," or "shorthand reporter," or any
823	823	abbreviation, title, designation, words, letters, sign, card, or
824	824	device tending to indicate that the person is a court reporter or
825	825	shorthand reporter, unless the person is certified as a shorthand
826	826	reporter by the supreme court. Nothing in this subsection shall be
827	827	construed to either sanction or prohibit the use of electronic
828	828	court recording equipment operated by a noncertified court reporter
829	829	pursuant and according to rules adopted or approved by the supreme
830	830	court.
831	831	(f) Except as provided by Section 154.112 [52.031] and by
832	832	Section 20.001, Civil Practice and Remedies Code, all depositions
833	833	conducted in this state must be recorded by a certified shorthand
834	834	reporter.
835	835	(g) The commission [board] may enforce this section by
836	836	seeking an injunction or by filing a complaint against a person who
837	837	is not certified by the supreme court in the district court of the
838	838	county in which that person resides or Travis County. Said action
839	839	for an injunction shall be in addition to any other action,
840	840	proceeding, or remedy authorized by law. The commission [board]
841	841	shall be represented by the attorney general and/or the county or
842	842	district attorney of this state, or counsel designated and
843	843	empowered by the commission [board].
844	844	(h) A court reporting firm shall register with the
845	845	commission [board] by completing an application in a form adopted
846	846	by the commission [board].
847	847	(i) Rules applicable to a court reporter are also applicable
848	848	to a court reporting firm. The commission [board] may enforce this
849	849	subsection by assessing a reasonable fee against a court reporting
850	850	firm. This subsection does not apply to court reporting services
851	851	performed outside of this state by a foreign shorthand reporter who
852	852	is not certified in this state for use in a court proceeding in this
853	853	state, provided that the work resulting from those services is
854	854	produced and billed wholly outside of this state.
855	855	[Sec. 52.0211. RULES ON CONSEQUENCES OF CRIMINAL
856	856	CONVICTION. (a) Chapter 53, Occupations Code, applies to an
857	857	applicant for or a holder of a certification or registration under
858	858	this chapter, notwithstanding Section 53.002, Occupations Code.
859	859	[(b) The supreme court shall adopt rules necessary to comply
860	860	with Chapter 53, Occupations Code.]
861	861	Sec. 154.102 [52.022]. APPLICATION FOR EXAMINATION. A
862	862	person seeking certification must file an application for
863	863	examination with the commission [board] not later than the 30th day
864	864	before the date fixed for the examination. The application must be
865	865	accompanied by the required fee.
866	866	Sec. 154.103 [52.023]. EXAMINATION. (a) The examination
867	867	for certification in one or more of the authorized methods of
868	868	shorthand reporting consists of two parts, designated Part A and
869	869	Part B.
870	870	(b) Part A consists of five minutes of two-voice dictation
871	871	of questions and answers given at 225 words per minute, five minutes
872	872	of dictation of jury charges given at 200 words per minute, and five
873	873	minutes of dictation of selected literary material given at 180
874	874	words per minute. Each applicant must personally take down the test
875	875	material, either in writing or in voice, and must prepare a
876	876	transcript of the material taken down. The minimum passing grade
877	877	for each section of Part A is 95 percent. A dictionary may be used
878	878	during Part A. Each applicant has three hours to complete the
879	879	transcription of Part A. If an applicant finishes before the three
880	880	hours have elapsed, the applicant may review the transcript but may
881	881	use only the test material taken down by that applicant to review
882	882	the transcript. An error is charged for:
883	883	(1) each wrong word;
884	884	(2) each omitted word;
885	885	(3) each word added by the applicant that was not
886	886	dictated;
887	887	(4) each contraction interpreted by the applicant as
888	888	two words;
889	889	(5) two words interpreted by the applicant as a
890	890	contraction;
891	891	(6) each misplaced word;
892	892	(7) each misplaced period that materially alters the
893	893	sense of a group of words or a sentence;
894	894	(8) each misspelled word;
895	895	(9) the use of the plural or singular if the opposite
896	896	was dictated; and
897	897	(10) each wrong number.
898	898	(c) Part B consists of objective questions relating to
899	899	elementary aspects of shorthand reporting, spelling, and grammar.
900	900	The minimum passing grade for Part B is 75 percent. A dictionary
901	901	may not be used during Part B.
902	902	(d) An applicant who cheats on the examination is
903	903	disqualified and may not take the examination again until two years
904	904	have elapsed from the date of the examination at which the applicant
905	905	was disqualified.
906	906	[Sec. 52.0231. EXAMINATION RESULTS. (a) Not later than the
907	907	30th day after the date a person takes an examination under this
908	908	chapter, the board shall notify the person of the results of the
909	909	examination.
910	910	[(b) If the examination is graded or reviewed by a testing
911	911	service:
912	912	[(1) the board shall notify the person of the results
913	913	of the examination not later than the 30th day after the date the
914	914	board receives the results from the testing service; and
915	915	[(2) if notice of the examination results will be
916	916	delayed for longer than 90 days after the examination date, the
917	917	board shall notify the person of the reason for the delay before the
918	918	90th day.
919	919	[(c) The board may require a testing service to notify a
920	920	person of the results of the person's examination.
921	921	[(d) If requested in writing by a person who fails an
922	922	examination administered under this chapter, the board shall
923	923	furnish the person with an analysis of the person's performance on
924	924	the examination.]
925	925	Sec. 154.104 [52.024]. CERTIFICATION TO SUPREME COURT.
926	926	[(a)] The commission [board] shall certify to the supreme court the
927	927	name of each qualified applicant who has passed the examination.
928	928	[Sec. 52.0241. RECIPROCAL CERTIFICATION OR CERTIFICATION
929	929	BY ENDORSEMENT. (a) The board may waive any prerequisite to
930	930	certification for an applicant after reviewing the applicant's
931	931	credentials and determining that the applicant holds a license or
932	932	certification issued by another jurisdiction that has licensing or
933	933	certification requirements substantially equivalent to those of
934	934	this state.
935	935	[(b) The board may waive any prerequisite to certification
936	936	for an applicant who holds a license or certification issued by
937	937	another jurisdiction with which this state has a reciprocity
938	938	agreement. The board may make an agreement, subject to the approval
939	939	of the supreme court, with another state to allow for certification
940	940	by reciprocity.]
941	941	Sec. 154.105 [52.025]. TITLE; OATHS. (a) On certification,
942	942	a shorthand reporter may use the title "Certified Shorthand
943	943	Reporter" or the abbreviation "CSR."
944	944	(b) A certified shorthand reporter may administer oaths to
945	945	witnesses anywhere in this state.
946	946	Sec. 154.106 [52.0255]. FIRM REGISTRATION. (a) A
947	947	shorthand reporting firm may not assume or use the title or
948	948	designation "court recording firm," "court reporting firm," or
949	949	"shorthand reporting firm" or any abbreviation, title,
950	950	designation, words, letters, sign, card, or device tending to
951	951	indicate that the firm is a court reporting firm or shorthand
952	952	reporting firm, or offer services as a court reporting firm or
953	953	shorthand reporting firm, unless the firm and its affiliate offices
954	954	are registered with the commission [board] on a form prescribed by
955	955	the commission [board] as required by this subchapter [chapter].
956	956	(b) The commission [board] may enforce this section against
957	957	a firm, its affiliate office, or both, if the firm or affiliate
958	958	office is not registered with the commission [board], by seeking an
959	959	injunction or by filing a complaint in the district court of the
960	960	county in which the firm or affiliate office is located or in Travis
961	961	County. An action for an injunction is in addition to any other
962	962	action, proceeding, or remedy authorized by law. The attorney
963	963	general, a county or district attorney of this state, or counsel
964	964	designated and empowered by the commission [board] shall represent
965	965	the commission [board].
966	966	Sec. 154.107 [52.026]. CERTIFICATION AND REGISTRATION FEE
967	967	AND RENEWAL. (a) A person who receives certification as a
968	968	shorthand reporter or a shorthand reporting firm or affiliate
969	969	office that registers with the commission [board] must pay the
970	970	initial fee and any other required fee before receiving the
971	971	certification or registration.
972	972	(b) A certification or registration expires at 12:01 a.m. on
973	973	January 1 following the second anniversary of the date on which it
974	974	was issued unless the certification or registration is renewed.
975	975	Thereafter, the certification or registration expires at 12:01 a.m.
976	976	of each second January 1 unless renewed.
977	977	(c) A person who is otherwise eligible to renew a
978	978	certification or registration may renew an unexpired certification
979	979	or registration by paying the required renewal fee to the
980	980	commission [board] before the expiration date of the certification
981	981	or registration. A person whose certification or registration has
982	982	expired may not engage in activities that require a certification
983	983	or registration until the certification or registration has been
984	984	renewed.
985	985	(d) A person whose certification or registration has been
986	986	expired for 90 days or less may renew the certification or
987	987	registration by paying to the commission [board] a renewal fee that
988	988	is equal to 1-1/2 times the normally required renewal fee.
989	989	(e) A person whose certification or registration has been
990	990	expired for more than 90 days but less than one year may renew the
991	991	certification or registration by paying to the commission [board] a
992	992	renewal fee that is equal to two times the normally required renewal
993	993	fee.
994	994	(f) A person whose certification or registration has been
995	995	expired for one year or more may not renew the certification or
996	996	registration. The person may obtain a new certification or
997	997	registration by complying with the requirements and procedures,
998	998	including the examination requirements, for obtaining an original
999	999	certification or registration.
1000	1000	(g) A person who was certified in this state, moved to
1001	1001	another state, and is currently certified and has been in practice
1002	1002	in the other state for the two years preceding the date of
1003	1003	application may obtain a new certification without reexamination.
1004	1004	The person must pay to the commission [board] a fee that is equal to
1005	1005	two times the normally required renewal fee for the certification.
1006	1006	(h) Not later than the 30th day before the date a person's
1007	1007	certification or registration is scheduled to expire, the
1008	1008	commission [board] shall send written notice of the impending
1009	1009	expiration to the person at the person's last known address
1010	1010	according to the records of the commission [board].
1011	1011	Sec. 154.108 [52.0261]. STAGGERED RENEWAL OF CERTIFICATION
1012	1012	OR REGISTRATION. The supreme court by rule may adopt a system under
1013	1013	which certifications or registrations expire on various dates
1014	1014	during the year. For the year in which the certification or
1015	1015	registration expiration date is changed, the commission [board]
1016	1016	shall prorate certification or registration fees on a monthly basis
1017	1017	so that each certification or registration holder pays only that
1018	1018	portion of the certification or registration fee that is allocable
1019	1019	to the number of months during which the certification or
1020	1020	registration is valid. On renewal of the certification or
1021	1021	registration on the new expiration date, the total certification or
1022	1022	registration renewal fee is payable.
1023	1023	Sec. 154.109 [52.027]. COMPLAINT. (a) To file a complaint
1024	1024	against a certified shorthand reporter or a shorthand reporting
1025	1025	firm or affiliate office registered with the commission [board], a
1026	1026	person must:
1027	1027	(1) have personal knowledge of the alleged violation;
1028	1028	(2) complete a complaint form provided by the
1029	1029	commission [board];
1030	1030	(3) sign the completed form; and
1031	1031	(4) attach any pertinent documentary evidence to the
1032	1032	form.
1033	1033	(b) On receipt of a properly executed complaint, the
1034	1034	commission [board] shall furnish a copy of the complaint and any
1035	1035	attachments to the shorthand reporter or shorthand reporting firm
1036	1036	or affiliate office that is the subject of the complaint.
1037	1037	(c) This section does not preclude the commission [board] or
1038	1038	a court of this state from filing a complaint against a certified
1039	1039	shorthand reporter or a shorthand reporting firm. An advisory board
1040	1040	member may recommend to the commission a complaint to be filed
1041	1041	against a certified shorthand reporter or a shorthand reporting
1042	1042	firm or affiliated office registered with the commission.
1043	1043	[Sec. 52.0271. COMPLAINT DISMISSAL. (a) The board may
1044	1044	adopt a policy allowing board employees to dismiss complaints that:
1045	1045	[(1) clearly do not allege misconduct; or
1046	1046	[(2) are not within the board's jurisdiction.
1047	1047	[(b) Board employees shall inform the board of all
1048	1048	dismissals made under this section.
1049	1049	[(c) A person who files a complaint that is dismissed under
1050	1050	this section may request that the board reconsider the complaint.
1051	1051	[Sec. 52.028. NOTICE AND HEARING. (a) If after receiving a
1052	1052	verified complaint the board believes that a hearing on the
1053	1053	complaint is advisable, the board shall set a date for the hearing
1054	1054	not later than the 30th day after the date on which the board
1055	1055	received the complaint.
1056	1056	[(b) Immediately after setting the date for the hearing, the
1057	1057	board shall notify the shorthand reporter or shorthand reporting
1058	1058	firm or affiliate office that is the subject of the complaint. The
1059	1059	notice must state the cause of any contemplated disciplinary action
1060	1060	and the time and place of the hearing. The notice shall be mailed to
1061	1061	the registered address of the shorthand reporter or shorthand
1062	1062	reporting firm or affiliate office not later than the 30th day
1063	1063	before the date on which the hearing is scheduled.
1064	1064	[(c) The chairman or the chairman's designee shall preside
1065	1065	at the hearing.
1066	1066	[(d) At the hearing, the board shall apply the general rules
1067	1067	of evidence applicable in a district court.
1068	1068	[(e) The board shall rule on requests for continuances with
1069	1069	regard to the hearing.
1070	1070	[(f) At the direction of a majority of the board, each board
1071	1071	member may administer oaths, subpoena witnesses and compel their
1072	1072	attendance, take evidence, and require the production of records
1073	1073	relating to a matter within the board's jurisdiction.
1074	1074	[(g) The board shall produce a written summary of the
1075	1075	evidence before it and a written finding of facts. The board shall
1076	1076	forward a copy of its findings of fact and rulings to the
1077	1077	complainant and any aggrieved party.]
1078	1078	Sec. 154.110 [52.029]. DISCIPLINARY ACTIONS AGAINST COURT
1079	1079	REPORTERS. (a) After receiving a complaint and giving the
1080	1080	certified shorthand reporter notice and an opportunity for a
1081	1081	hearing as prescribed by Subchapter B, Chapter 153 [Section
1082	1082	52.028], the commission [board] shall revoke, suspend, or refuse to
1083	1083	renew the shorthand reporter's certification or issue a reprimand
1084	1084	to the reporter for:
1085	1085	(1) fraud or corruption;
1086	1086	(2) dishonesty;
1087	1087	(3) wilful or negligent violation or failure of duty;
1088	1088	(4) incompetence;
1089	1089	(5) fraud or misrepresentation in obtaining
1090	1090	certification;
1091	1091	(6) a final conviction of a felony or misdemeanor that
1092	1092	directly relates to the duties and responsibilities of a certified
1093	1093	court reporter, as determined by supreme court rules [adopted under
1094	1094	Section 52.0211];
1095	1095	(7) engaging in the practice of shorthand reporting
1096	1096	using a method for which the reporter is not certified;
1097	1097	(8) engaging in the practice of shorthand reporting
1098	1098	while certification is suspended;
1099	1099	(9) unprofessional conduct, including giving directly
1100	1100	or indirectly, benefiting from, or being employed as a result of any
1101	1101	gift, incentive, reward, or anything of value to attorneys,
1102	1102	clients, or their representatives or agents, except for nominal
1103	1103	items that do not exceed $100 in the aggregate for each recipient
1104	1104	each year;
1105	1105	(10) entering into or providing services under a
1106	1106	prohibited contract described by Section 154.115 [52.034];
1107	1107	(11) committing any other act that violates this
1108	1108	chapter or a rule or provision of the code of ethics adopted under
1109	1109	this subtitle [chapter]; or
1110	1110	(12) other sufficient cause.
1111	1111	(b) The commission [board] may suspend the certification:
1112	1112	(1) for a designated period of time not to exceed 12
1113	1113	months;
1114	1114	(2) until the person corrects the deficiencies that
1115	1115	were the grounds for the suspension; or
1116	1116	(3) until the person complies with any conditions
1117	1117	imposed by the commission [board] to ensure the person's future
1118	1118	performance as a shorthand reporter.
1119	1119	(c) A suspended shorthand reporter may apply for
1120	1120	reinstatement by presenting proof that:
1121	1121	(1) the designated time has expired;
1122	1122	(2) the person has corrected the deficiencies; or
1123	1123	(3) the person has complied with the conditions
1124	1124	imposed by the commission [board].
1125	1125	(d) On its own motion, the commission [board] may conduct a
1126	1126	hearing to inquire into a suspension. If the commission [board]
1127	1127	finds that a person has not corrected the deficiencies that were the
1128	1128	grounds of the suspension or has not complied with the conditions
1129	1129	imposed by the commission [board], the commission [board] may
1130	1130	revoke the person's certification.
1131	1131	(e) The supreme court may authorize and the commission
1132	1132	[board] may adopt rules relating to the nonrenewal of the
1133	1133	certification of a court reporter who is in default on a loan
1134	1134	guaranteed under Chapter 57, Education Code, by the Texas
1135	1135	Guaranteed Student Loan Corporation.
1136	1136	(f) The commission [board] may place on probation a person
1137	1137	whose certification is suspended. If a certification suspension is
1138	1138	probated, the commission [board] may require the person to:
1139	1139	(1) report regularly to the commission [board] on
1140	1140	matters that are the basis of the probation;
1141	1141	(2) limit practice to the areas prescribed by the
1142	1142	commission [board]; or
1143	1143	(3) continue or review professional education until
1144	1144	the person attains a degree of skill satisfactory to the commission
1145	1145	[board] in those areas that are the basis of the probation.
1146	1146	Sec. 154.111 [52.0295]. DISCIPLINARY ACTIONS AGAINST
1147	1147	FIRMS. (a) After receiving a complaint and giving the shorthand
1148	1148	reporting firm or affiliate office notice and an opportunity for a
1149	1149	hearing as prescribed by Subchapter B, Chapter 153 [Section
1150	1150	52.028], the commission [board] shall reprimand, assess a
1151	1151	reasonable fine against, or suspend, revoke, or refuse to renew the
1152	1152	registration of a shorthand reporting firm or affiliate office for:
1153	1153	(1) fraud or corruption;
1154	1154	(2) dishonesty;
1155	1155	(3) conduct on the part of an officer, director, or
1156	1156	managerial employee of the shorthand reporting firm or affiliate
1157	1157	office if the officer, director, or managerial employee orders,
1158	1158	encourages, or permits conduct that the officer, director, or
1159	1159	managerial employee knows or should have known violates this
1160	1160	subtitle [chapter];
1161	1161	(4) conduct on the part of an officer, director, or
1162	1162	managerial employee or agent of the shorthand reporting firm or
1163	1163	affiliate office who has direct supervisory authority over a person
1164	1164	for whom the officer, director, employee, or agent knows or should
1165	1165	have known violated this subtitle [chapter] and knowingly fails to
1166	1166	take reasonable remedial action to avoid or mitigate the
1167	1167	consequences of the person's actions;
1168	1168	(5) fraud or misrepresentation in obtaining
1169	1169	registration;
1170	1170	(6) a final conviction of an officer, director, or
1171	1171	managerial employee of a shorthand reporting firm or affiliate
1172	1172	office for a felony or misdemeanor that is directly related to the
1173	1173	provision of court reporting services, as determined by supreme
1174	1174	court rules [adopted under Section 52.0211];
1175	1175	(7) engaging the services of a reporter that the
1176	1176	shorthand reporting firm or affiliate office knew or should have
1177	1177	known was using a method for which the reporter is not certified;
1178	1178	(8) knowingly providing court reporting services
1179	1179	while the shorthand reporting firm's or affiliate office's
1180	1180	registration is suspended or engaging the services of a shorthand
1181	1181	reporter whose certification the shorthand reporting firm or
1182	1182	affiliate office knew or should have known was suspended;
1183	1183	(9) unprofessional conduct, including a pattern of
1184	1184	giving directly or indirectly or benefiting from or being employed
1185	1185	as a result of giving any gift, incentive, reward, or anything of
1186	1186	value to attorneys, clients, or their representatives or agents,
1187	1187	except for nominal items that do not exceed $100 in the aggregate
1188	1188	for each recipient each year;
1189	1189	(10) entering into or providing services under a
1190	1190	prohibited contract described by Section 154.115 [52.034];
1191	1191	(11) committing any other act that violates this
1192	1192	chapter or a rule or provision of the code of ethics adopted under
1193	1193	this subtitle [chapter]; or
1194	1194	(12) other sufficient cause.
1195	1195	(b) Nothing in Subsection (a)(9) shall be construed to
1196	1196	define providing value-added business services, including
1197	1197	long-term volume discounts, such as the pricing of products and
1198	1198	services, as prohibited gifts, incentives, or rewards.
1199	1199	(c) The commission [board] may suspend the registration of a
1200	1200	shorthand reporting firm or affiliate office:
1201	1201	(1) for a designated period of time;
1202	1202	(2) until the shorthand reporting firm or affiliate
1203	1203	office corrects the deficiencies that were the grounds for the
1204	1204	suspension; or
1205	1205	(3) until the shorthand reporting firm or affiliate
1206	1206	office complies with any conditions imposed by the commission
1207	1207	[board] to ensure the shorthand reporting firm's or affiliate
1208	1208	office's future performance.
1209	1209	(d) A shorthand reporting firm or affiliate office whose
1210	1210	registration is suspended may apply for reinstatement by presenting
1211	1211	proof that:
1212	1212	(1) the designated time has expired;
1213	1213	(2) the shorthand reporting firm or affiliate office
1214	1214	has corrected the deficiencies; or
1215	1215	(3) the shorthand reporting firm or affiliate office
1216	1216	has complied with the conditions imposed by the commission [board].
1217	1217	(e) On its own motion, the commission [board] may conduct a
1218	1218	hearing to inquire into a suspension. If the commission [board]
1219	1219	finds that a shorthand reporting firm or affiliate office has not
1220	1220	corrected the deficiencies that were the grounds for the suspension
1221	1221	or has not complied with the conditions imposed by the commission
1222	1222	[board], the commission [board] may revoke the registration of the
1223	1223	shorthand reporting firm or affiliate office.
1224	1224	(f) The commission [board] may place on probation a
1225	1225	shorthand reporting firm or affiliate office whose registration is
1226	1226	suspended. If a registration suspension is probated, the
1227	1227	commission [board] may require the firm or office to:
1228	1228	(1) report regularly to the commission [board] on
1229	1229	matters that are the basis of the probation;
1230	1230	(2) limit practice to the areas prescribed by the
1231	1231	commission [board]; or
1232	1232	(3) through its officers, directors, managerial
1233	1233	employees, or agents, continue or review professional education
1234	1234	until those persons attain a degree of skill satisfactory to the
1235	1235	commission [board] in those areas that are the basis of the
1236	1236	probation.
1237	1237	[Sec. 52.030. APPEAL OF DISCIPLINARY ACTION. An aggrieved
1238	1238	court reporter or shorthand reporting firm or affiliate office may
1239	1239	appeal a disciplinary action of the board to a district court in the
1240	1240	county of the court reporter's residence or the county in which the
1241	1241	shorthand reporting firm or affiliate office is located or in
1242	1242	Travis County. The appeal shall be by trial de novo, with or
1243	1243	without a jury. If the aggrieved person is the official or deputy
1244	1244	court reporter of the court in which the appeal will be heard or if
1245	1245	the shorthand reporting firm or affiliate office provides the
1246	1246	official or deputy court reporter of the court in which the appeal
1247	1247	will be heard, the presiding judge of the administrative judicial
1248	1248	region shall appoint the judge of another court or a retired judge
1249	1249	to hear and determine the complaint.]
1250	1250	Sec. 154.112 [52.031]. EMPLOYMENT OF NONCERTIFIED
1251	1251	SHORTHAND REPORTERS. (a) A noncertified shorthand reporter may be
1252	1252	employed until a certified shorthand reporter is available.
1253	1253	(b) A noncertified shorthand reporter may report an oral
1254	1254	deposition only if:
1255	1255	(1) the noncertified shorthand reporter delivers an
1256	1256	affidavit to the parties or to their counsel present at the
1257	1257	deposition stating that a certified shorthand reporter is not
1258	1258	available; or
1259	1259	(2) the parties or their counsel stipulate on the
1260	1260	record at the beginning of the deposition that a certified
1261	1261	shorthand reporter is not available.
1262	1262	(c) This section does not apply to a deposition taken
1263	1263	outside this state for use in this state.
1264	1264	Sec. 154.113 [52.032]. CRIMINAL PENALTY. (a) Except as
1265	1265	provided by Section 154.112 [52.031], a person commits an offense
1266	1266	if the person engages in shorthand reporting in violation of
1267	1267	Section 154.101 [52.021 of this code]. Each day of violation
1268	1268	constitutes a separate offense.
1269	1269	(b) An offense under this section is a Class A misdemeanor.
1270	1270	[Sec. 52.0321. ADMINISTRATIVE PENALTY. (a) The board may
1271	1271	assess an administrative penalty against a person who violates this
1272	1272	chapter or a rule or provision of the code of ethics adopted under
1273	1273	this chapter.
1274	1274	[(b) In determining the amount of an administrative penalty
1275	1275	assessed under this section, the board shall consider:
1276	1276	[(1) the seriousness of the violation;
1277	1277	[(2) the history of previous violations;
1278	1278	[(3) the amount necessary to deter future violations;
1279	1279	[(4) efforts made to correct the violation; and
1280	1280	[(5) any other matters that justice may require.]
1281	1281	Sec. 154.114 [52.033]. EXEMPTIONS. This chapter does not
1282	1282	apply to:
1283	1283	(1) a party to the litigation involved;
1284	1284	(2) the attorney of the party; or
1285	1285	(3) a full-time employee of a party or a party's
1286	1286	attorney.
1287	1287	Sec. 154.115 [52.034]. PROHIBITED CONTRACTS. (a) A court
1288	1288	reporter may not enter into or provide services under any
1289	1289	contractual agreement, written or oral, exclusive or nonexclusive,
1290	1290	that:
1291	1291	(1) undermines the impartiality of the court reporter;
1292	1292	(2) requires a court reporter to relinquish control of
1293	1293	an original deposition transcript and copies of the transcript
1294	1294	before it is certified and delivered to the custodial attorney;
1295	1295	(3) requires a court reporter to provide any service
1296	1296	not made available to all parties to an action; or
1297	1297	(4) gives or appears to give an exclusive advantage to
1298	1298	any party.
1299	1299	(b) This section does not apply to a contract for court
1300	1300	reporting services for a court, agency, or instrumentality of the
1301	1301	United States or this state.
1302	1302	SECTION 1.05. Chapter 111, Government Code, is transferred
1303	1303	to Subtitle K, Title 2, Government Code, as added by this Act,
1304	1304	redesignated as Chapter 155, Government Code, and amended to read
1305	1305	as follows:
1306	1306	CHAPTER 155 [111]. GUARDIANSHIP CERTIFICATION [BOARD]
1307	1307	SUBCHAPTER A. GENERAL PROVISIONS
1308	1308	Sec. 155.001 [111.001]. DEFINITIONS. In this chapter:
1309	1309	(1) "Advisory board" ["Administrative director" means
1310	1310	the administrative director of the courts as appointed by Chapter
1311	1311	72.
1312	1312	[(2) "Board"] means the Guardianship Certification
1313	1313	Advisory Board.
1314	1314	(2) [(3)] "Corporate fiduciary" has the meaning
1315	1315	assigned by Section 601, Texas Probate Code.
1316	1316	(3) [(4) "Director" means the administrative officer
1317	1317	of the board, as provided by Section 111.021.
1318	1318	[(5)] "Guardian" has the meaning assigned by Section
1319	1319	601, Texas Probate Code.
1320	1320	(4) [(6)] "Guardianship program" means a local,
1321	1321	county, or regional program that provides guardianship and related
1322	1322	services to an incapacitated person or other person who needs
1323	1323	assistance in making decisions concerning the person's own welfare
1324	1324	or financial affairs.
1325	1325	(5) [(7)] "Incapacitated person" has the meaning
1326	1326	assigned by Section 601, Texas Probate Code.
1327	1327	(6) [(8) "Office of Court Administration" means the
1328	1328	Office of Court Administration of the Texas Judicial System.
1329	1329	[(9)] "Private professional guardian" means a person,
1330	1330	other than an attorney or a corporate fiduciary, who is engaged in
1331	1331	the business of providing guardianship services.
1332	1332	(7) [(10)] "Ward" has the meaning assigned by Section
1333	1333	601, Texas Probate Code.
1334	1334	Sec. 155.002 [111.002]. RULES. The supreme court may adopt
1335	1335	rules consistent with this chapter, including rules governing the
1336	1336	certification of individuals providing guardianship services.
1337	1337	[Sec. 111.003. SUNSET PROVISION. The board is subject to
1338	1338	Chapter 325, Government Code (Texas Sunset Act). Unless continued
1339	1339	in existence as provided by that chapter, the board is abolished and
1340	1340	this chapter expires September 1, 2015.]
1341	1341	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
1342	1342	Sec. 155.051 [111.011]. ADVISORY BOARD. (a) The
1343	1343	Guardianship Certification Advisory Board is established as an
1344	1344	advisory board to the commission. The advisory board is composed of
1345	1345	at least five members appointed by the supreme court[:
1346	1346	[(1) 11 members appointed by the supreme court; and
1347	1347	[(2) four public members appointed by the supreme
1348	1348	court from a list of nominees submitted by the governor].
1349	1349	(b) [The supreme court shall appoint members under
1350	1350	Subsection (a)(1) from the different geographical areas of this
1351	1351	state.
1352	1352	[(c) In making an appointment under Subsection (a)(2), the
1353	1353	supreme court may reject one or more of the nominees on a list
1354	1354	submitted by the governor and request a new list of different
1355	1355	nominees.
1356	1356	[(d) To be eligible for appointment to the board other than
1357	1357	as a public member, an individual must have demonstrated experience
1358	1358	working with:
1359	1359	[(1) a guardianship program;
1360	1360	[(2) an organization that advocates on behalf of or in
1361	1361	the interest of elderly individuals;
1362	1362	[(3) an organization that advocates on behalf of or in
1363	1363	the interest of individuals with mental illness or mental
1364	1364	retardation or individuals with physical disabilities; or
1365	1365	[(4) incapacitated individuals.
1366	1366	[(e) The public members of the board must be:
1367	1367	[(1) caretakers of individuals with mental illness or
1368	1368	mental retardation or individuals with physical disabilities; or
1369	1369	[(2) persons who advocate on behalf of or in the
1370	1370	interest of individuals with mental illness or mental retardation
1371	1371	or individuals with physical disabilities.
1372	1372	[(f)] Appointments to the advisory board shall be made
1373	1373	without regard to the race, color, disability, sex, religion, age,
1374	1374	or national origin of the appointees.
1375	1375	(c) The supreme court shall appoint a presiding officer of
1376	1376	the advisory board from among the advisory board members to serve
1377	1377	for two years.
1378	1378	(d) A majority of the advisory board constitutes a quorum.
1379	1379	(e) Advisory board [(g) The] members [of the board] serve
1380	1380	for staggered six-year terms as ordered by the supreme court[, with
1381	1381	the terms of one-third of the members expiring on February 1 of each
1382	1382	odd-numbered year]. Advisory board [Board] members serve without
1383	1383	compensation but are entitled to reimbursement for travel expenses
1384	1384	and other actual and necessary expenses incurred in the performance
1385	1385	of official advisory board duties, as provided by the General
1386	1386	Appropriations Act.
1387	1387	[(h) The board shall elect from among its members a
1388	1388	presiding officer and other officers considered necessary.
1389	1389	[(i) The board shall meet at least quarterly at the call of
1390	1390	the presiding officer.
1391	1391	[(j) Any action taken by the board must be approved by a
1392	1392	majority vote of the members present.
1393	1393	[Sec. 111.012. ADMINISTRATIVE ATTACHMENT. (a) The board is
1394	1394	administratively attached to the Office of Court Administration.
1395	1395	[(b) Notwithstanding any other law, the Office of Court
1396	1396	Administration shall:
1397	1397	[(1) provide administrative assistance, services, and
1398	1398	materials to the board, including budget planning and purchasing;
1399	1399	[(2) accept, deposit, and disburse money made
1400	1400	available to the board;
1401	1401	[(3) pay the salaries and benefits of the director;
1402	1402	[(4) reimburse the travel expenses and other actual
1403	1403	and necessary expenses of the director incurred in the performance
1404	1404	of a function of the board, as provided by the General
1405	1405	Appropriations Act;
1406	1406	[(5) reimburse the travel expenses and other actual
1407	1407	and necessary expenses of board members incurred in the performance
1408	1408	of official board duties, as provided by the General Appropriations
1409	1409	Act; and
1410	1410	[(6) provide the board with adequate computer
1411	1411	equipment and support.
1412	1412	[Sec. 111.013. ELIGIBILITY OF PUBLIC MEMBERS. A person is
1413	1413	not eligible for appointment as a public member of the board if the
1414	1414	person or the person's spouse:
1415	1415	[(1) is certified by the board;
1416	1416	[(2) is registered, certified, or licensed by a
1417	1417	regulatory agency in the field of guardianship;
1418	1418	[(3) is employed by or participates in the management
1419	1419	of a business entity or other organization regulated by the board or
1420	1420	receiving money from the Office of Court Administration;
1421	1421	[(4) owns or controls, directly or indirectly, more
1422	1422	than a 10 percent interest in a business entity or other
1423	1423	organization regulated by the board or receiving money from the
1424	1424	Office of Court Administration; or
1425	1425	[(5) uses or receives a substantial amount of tangible
1426	1426	goods, services, or funds from the Office of Court Administration.
1427	1427	[Sec. 111.014. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
1428	1428	In this section, "Texas trade association" means a cooperative and
1429	1429	voluntarily joined statewide association of business or
1430	1430	professional competitors in this state designed to assist its
1431	1431	members and its industry or profession in dealing with mutual
1432	1432	business or professional problems and in promoting their common
1433	1433	interest.
1434	1434	[(b) A person may not be a member of the board or may not be
1435	1435	the director in a "bona fide executive, administrative, or
1436	1436	professional capacity," as that phrase is used for purposes of
1437	1437	establishing an exemption to the overtime provisions of the federal
1438	1438	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
1439	1439	if:
1440	1440	[(1) the person is an officer, employee, or paid
1441	1441	consultant of a Texas trade association in the field of
1442	1442	guardianship; or
1443	1443	[(2) the person's spouse is an officer, manager, or
1444	1444	paid consultant of a Texas trade association in the field of
1445	1445	guardianship.
1446	1446	[(c) A person may not be a member of the board if the person
1447	1447	is required to register as a lobbyist under Chapter 305 because of
1448	1448	the person's activities for compensation on behalf of a profession
1449	1449	related to the operation of the board.
1450	1450	[Sec. 111.015. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
1451	1451	ground for removal from the board that a member:
1452	1452	[(1) does not have at the time of appointment the
1453	1453	qualifications required by Section 111.011;
1454	1454	[(2) does not maintain during service on the board the
1455	1455	qualifications required by Section 111.011;
1456	1456	[(3) is ineligible for membership under Section
1457	1457	111.013 or 111.014;
1458	1458	[(4) cannot, because of illness or disability,
1459	1459	discharge the member's duties for a substantial part of the member's
1460	1460	term; or
1461	1461	[(5) is absent from more than half of the regularly
1462	1462	scheduled board meetings that the member is eligible to attend
1463	1463	during a calendar year without an excuse approved by a majority vote
1464	1464	of the board.
1465	1465	[(b) The validity of an action of the board is not affected
1466	1466	by the fact that it is taken when a ground for removal of a board
1467	1467	member exists.
1468	1468	[(c) If the director has knowledge that a potential ground
1469	1469	for removal exists, the director shall notify the presiding officer
1470	1470	of the board of the potential ground. The presiding officer shall
1471	1471	then notify the chief justice of the supreme court that a potential
1472	1472	ground for removal exists. If the potential ground for removal
1473	1473	involves the presiding officer, the director shall notify the next
1474	1474	highest ranking officer of the board, who shall then notify the
1475	1475	chief justice of the supreme court that a potential ground for
1476	1476	removal exists.
1477	1477	[Sec. 111.016. POWERS AND DUTIES OF BOARD. (a) The board
1478	1478	is charged with the executive functions necessary to carry out the
1479	1479	purposes of this chapter under rules adopted by the supreme court.
1480	1480	[(b) The board shall:
1481	1481	[(1) administer and enforce this chapter;
1482	1482	[(2) develop and recommend proposed rules and
1483	1483	procedures to the supreme court as necessary to implement this
1484	1484	chapter;
1485	1485	[(3) set the amount of each fee prescribed by Section
1486	1486	111.042, subject to the approval of the supreme court;
1487	1487	[(4) establish the qualifications for obtaining:
1488	1488	[(A) certification or recertification under
1489	1489	Section 111.042; and
1490	1490	[(B) provisional certification under Section
1491	1491	111.0421;
1492	1492	[(5) issue certificates to:
1493	1493	[(A) individuals who meet the certification
1494	1494	requirements of Section 111.042; and
1495	1495	[(B) individuals who meet the provisional
1496	1496	certification requirements of Section 111.0421; and
1497	1497	[(6) perform any other duty required by this chapter
1498	1498	or other law.
1499	1499	[(c) The board may appoint any necessary or proper
1500	1500	subcommittee.
1501	1501	[(d) The board shall maintain:
1502	1502	[(1) a complete record of each board proceeding; and
1503	1503	[(2) a complete record of each certification,
1504	1504	including a provisional certificate, issued, renewed, suspended,
1505	1505	or revoked under this chapter.]
1506	1506	Sec. 155.052 [111.017]. TRAINING. (a) A person who is
1507	1507	appointed to and qualifies for office as a member of the advisory
1508	1508	board may not vote, deliberate, or be counted as a member in
1509	1509	attendance at a meeting of the advisory board until the person
1510	1510	completes a training program that complies with this section.
1511	1511	(b) The training program must provide the person with
1512	1512	information regarding:
1513	1513	(1) this chapter;
1514	1514	(2) the role and functions of the advisory board; and
1515	1515	(3) [the current budget for the board;
1516	1516	[(4) the results of the most recent formal audit of the
1517	1517	board; and
1518	1518	[(5)] any applicable ethics policies adopted by the
1519	1519	commission [board].
1520	1520	[Sec. 111.018. USE OF TECHNOLOGY. The Office of Court
1521	1521	Administration shall research and propose appropriate
1522	1522	technological solutions to improve the board's ability to perform
1523	1523	its functions. The technological solutions must:
1524	1524	[(1) ensure that the public is able to easily find
1525	1525	information about the board on the Internet;
1526	1526	[(2) ensure that persons who want to use the board's
1527	1527	services are able to:
1528	1528	[(A) interact with the board through the
1529	1529	Internet; and
1530	1530	[(B) access any service that can be provided
1531	1531	effectively through the Internet; and
1532	1532	[(3) be cost-effective and developed through the
1533	1533	board's planning processes.
1534	1534	[Sec. 111.019. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
1535	1535	(a) The board shall develop and implement a policy to encourage the
1536	1536	use of appropriate alternative dispute resolution procedures to
1537	1537	assist in the resolution of internal and external disputes under
1538	1538	the board's jurisdiction.
1539	1539	[(b) The procedures relating to alternative dispute
1540	1540	resolution under this section must conform, to the extent possible,
1541	1541	to any model guidelines issued by the State Office of
1542	1542	Administrative Hearings for the use of alternative dispute
1543	1543	resolution by state agencies.
1544	1544	[Sec. 111.020. PUBLIC ACCESS. The board shall develop and
1545	1545	implement policies that provide the public with a reasonable
1546	1546	opportunity to appear before the board and to speak on any issue
1547	1547	under the jurisdiction of the board.
1548	1548	[Sec. 111.021. DIRECTOR. (a) The administrative director
1549	1549	shall employ a director from a list of candidates submitted by the
1550	1550	board. The administrative director may request an additional list
1551	1551	of candidates if the administrative director does not select any of
1552	1552	the initial candidates recommended by the board.
1553	1553	[(b) The list may contain the hiring preference of the
1554	1554	board.
1555	1555	[(c) The director is the administrative officer of the board
1556	1556	and is charged with carrying out the duties and functions conferred
1557	1557	on the director by the board, this subchapter, and other law.
1558	1558	[Sec. 111.022. DIVISION OF RESPONSIBILITIES. The board
1559	1559	shall develop and implement policies that clearly separate the
1560	1560	policy-making responsibilities of the board and the management
1561	1561	responsibilities of the director.
1562	1562	[Sec. 111.023. QUALIFICATIONS AND STANDARDS OF CONDUCT
1563	1563	INFORMATION. The director shall provide to members of the board, as
1564	1564	often as necessary, information regarding the requirements for
1565	1565	office under this chapter, including information regarding a
1566	1566	person's responsibilities under applicable laws relating to
1567	1567	standards of conduct for state officers.]
1568	1568	SUBCHAPTER C. REGULATION OF CERTAIN GUARDIANS
1569	1569	Sec. 155.101 [111.041]. STANDARDS FOR CERTAIN
1570	1570	GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP. (a) The
1571	1571	commission [board] shall adopt minimum standards for:
1572	1572	(1) the provision of guardianship services or other
1573	1573	similar but less restrictive types of assistance or services by:
1574	1574	(A) guardianship programs; and
1575	1575	(B) private professional guardians; and
1576	1576	(2) the provision of guardianship services by the
1577	1577	Department of Aging and Disability Services.
1578	1578	(b) The commission [board] shall design the standards to
1579	1579	protect the interests of an incapacitated person or other person
1580	1580	needing assistance making decisions concerning the person's own
1581	1581	welfare or financial affairs.
1582	1582	Sec. 155.102 [111.042]. CERTIFICATION REQUIRED FOR CERTAIN
1583	1583	GUARDIANS. (a) To provide guardianship services in this state, the
1584	1584	following individuals must hold a certificate issued under this
1585	1585	section:
1586	1586	(1) an individual who is a private professional
1587	1587	guardian;
1588	1588	(2) an individual who will provide those services to a
1589	1589	ward of a private professional guardian on the guardian's behalf;
1590	1590	and
1591	1591	(3) an individual, other than a volunteer, who will
1592	1592	provide those services or other services under Section 161.114,
1593	1593	Human Resources Code, to a ward of a guardianship program or the
1594	1594	Department of Aging and Disability Services on the program's or
1595	1595	department's behalf.
1596	1596	(b) An applicant for a certificate under this section must:
1597	1597	(1) apply to the commission [board] on a form
1598	1598	prescribed by the commission [board]; and
1599	1599	(2) submit with the application a nonrefundable
1600	1600	application fee in an amount determined by the commission [board],
1601	1601	subject to the approval of the supreme court.
1602	1602	(c) The supreme court may adopt rules and procedures for
1603	1603	issuing a certificate and for renewing, suspending, or revoking a
1604	1604	certificate issued under this section. Any rules adopted by the
1605	1605	supreme court under this section must:
1606	1606	(1) ensure compliance with the standards adopted under
1607	1607	Section 155.101 [111.041];
1608	1608	(2) provide that the commission [board] establish
1609	1609	qualifications for obtaining and maintaining certification;
1610	1610	(3) provide that the commission [board] issue
1611	1611	certificates under this section;
1612	1612	(4) provide that a certificate expires on the second
1613	1613	anniversary of the date the certificate is issued;
1614	1614	(5) prescribe procedures for accepting complaints and
1615	1615	conducting investigations of alleged violations of the minimum
1616	1616	standards adopted under Section 155.101 [111.041] or other terms of
1617	1617	the certification by certificate holders; and
1618	1618	(6) prescribe procedures by which the commission
1619	1619	[board], after notice and hearing, may suspend or revoke the
1620	1620	certificate of a holder who fails to substantially comply with
1621	1621	appropriate standards or other terms of the certification.
1622	1622	(d) If the requirements for issuing a certificate under this
1623	1623	section include passage of an examination covering guardianship
1624	1624	education requirements:
1625	1625	(1) the commission [board] shall develop and the
1626	1626	director shall administer the examination; or
1627	1627	(2) the commission [board] shall direct the director
1628	1628	to contract with another person or entity the commission [board]
1629	1629	determines has the expertise and resources to develop and
1630	1630	administer the examination.
1631	1631	(e) In lieu of the certification requirements imposed under
1632	1632	this section, the commission [board] may issue a certificate to an
1633	1633	individual to engage in business as a guardian or to provide
1634	1634	guardianship services in this state if the individual:
1635	1635	(1) submits an application to the commission [board]
1636	1636	in the form prescribed by the commission [board];
1637	1637	(2) pays a fee in a reasonable amount determined by the
1638	1638	commission [board], subject to the approval of the supreme court;
1639	1639	(3) is certified, registered, or licensed as a
1640	1640	guardian by a national organization or association the commission
1641	1641	[board] determines has requirements at least as stringent as those
1642	1642	prescribed by the commission [board] under this subchapter; and
1643	1643	(4) is in good standing with the organization or
1644	1644	association with whom the person is licensed, certified, or
1645	1645	registered.
1646	1646	(f) An employee of the Department of Aging and Disability
1647	1647	Services who is applying for a certificate under this section to
1648	1648	provide guardianship services to a ward of the department is exempt
1649	1649	from payment of an application fee required by this section.
1650	1650	(g) An application fee or other fee collected under this
1651	1651	section shall be deposited to the credit of the guardianship
1652	1652	certification account in the general revenue fund and may be
1653	1653	appropriated only to the office [Office of Court Administration]
1654	1654	for the administration and enforcement of this chapter.
1655	1655	[(h) The Texas Department of Licensing and Regulation shall
1656	1656	advise and assist the board as necessary in administering the
1657	1657	certification process established under this section.]
1658	1658	Sec. 155.103 [111.0421]. PROVISIONAL CERTIFICATE. (a)
1659	1659	Notwithstanding Section 155.102(a) [111.042(a)], the commission
1660	1660	[board] may issue a provisional certificate to an individual who:
1661	1661	(1) does not meet the qualifications for obtaining
1662	1662	certification under Section 155.102 [111.042]; and
1663	1663	(2) possesses the qualifications for provisional
1664	1664	certification required by rules adopted by the supreme court.
1665	1665	(b) An individual who holds a provisional certificate may
1666	1666	provide guardianship services in this state only under the
1667	1667	supervision of an individual certified under Section 155.102
1668	1668	[111.042].
1669	1669	(c) The supreme court may adopt rules and procedures for
1670	1670	issuing a provisional certificate under this section that, at a
1671	1671	minimum, must:
1672	1672	(1) ensure compliance with the standards adopted under
1673	1673	Section 155.101 [111.041]; and
1674	1674	(2) provide that the commission [board] establishes
1675	1675	qualifications for obtaining and maintaining the certification.
1676	1676	Sec. 155.104 [111.043]. INFORMATION FROM PRIVATE
1677	1677	PROFESSIONAL GUARDIANS. In addition to the information submitted
1678	1678	under Section 697(e), Texas Probate Code, the director may require
1679	1679	a private professional guardian or a person who represents or plans
1680	1680	to represent the interests of a ward as a guardian on behalf of the
1681	1681	private professional guardian to submit information considered
1682	1682	necessary to monitor the person's compliance with the applicable
1683	1683	standards adopted under Section 155.101 [111.041] or with the
1684	1684	certification requirements of Section 155.102 [111.042].
1685	1685	Sec. 155.105 [111.044]. ANNUAL DISCLOSURE. (a) Not later
1686	1686	than January 31 of each year, each guardianship program shall
1687	1687	provide to the commission [board] a report containing for the
1688	1688	preceding year:
1689	1689	(1) the number of wards served by the guardianship
1690	1690	program reported by county in which the application to create a
1691	1691	guardianship for the ward is filed and the total number of wards
1692	1692	served by the guardianship program;
1693	1693	(2) the name, business address, and business telephone
1694	1694	number of each individual employed by or volunteering or
1695	1695	contracting with the guardianship program to provide guardianship
1696	1696	services to a ward or proposed ward of the program;
1697	1697	(3) the name of each county in which an individual
1698	1698	described by Subdivision (2) provides or is authorized to provide
1699	1699	guardianship services;
1700	1700	(4) the total amount of money received from this state
1701	1701	for the provision of guardianship services; and
1702	1702	(5) the amount of money received from any other public
1703	1703	source, including a county or the federal government, for the
1704	1704	provision of guardianship services, reported by source, and the
1705	1705	total amount of money received from those public sources.
1706	1706	(b) Not later than January 31 of each year, each private
1707	1707	professional guardian shall provide to the commission [board] a
1708	1708	report containing for the preceding year:
1709	1709	(1) the number of wards served by the private
1710	1710	professional guardian reported by county in which the application
1711	1711	to create a guardianship for the ward is filed and the total number
1712	1712	of wards served by the private professional guardian;
1713	1713	(2) the name, business address, and business telephone
1714	1714	number of each individual who provides guardianship services to a
1715	1715	ward of the private professional guardian on behalf of the private
1716	1716	professional guardian;
1717	1717	(3) the total amount of money received from this state
1718	1718	for the provision of guardianship services; and
1719	1719	(4) the amount of money received from any other public
1720	1720	source, including a county or the federal government, for the
1721	1721	provision of guardianship services, reported by source, and the
1722	1722	total amount of money received from those public sources.
1723	1723	(c) A private professional guardian shall submit with the
1724	1724	report required under Subsection (b) a copy of the guardian's
1725	1725	application for a certificate of registration required by Section
1726	1726	697(a), Texas Probate Code.
1727	1727	SECTION 1.06. Subtitle K, Title 2, Government Code, as
1728	1728	added by this Act, is amended by adding Chapter 156 to read as
1729	1729	follows:
1730	1730	CHAPTER 156. PROCESS SERVER CERTIFICATION
1731	1731	SUBCHAPTER A. GENERAL PROVISIONS
1732	1732	Sec. 156.001. DEFINITION. In this chapter, "advisory
1733	1733	board" means the Process Server Certification Advisory Board.
1734	1734	SUBCHAPTER B. PROCESS SERVER CERTIFICATION ADVISORY BOARD
1735	1735	Sec. 156.051. ORGANIZATION. (a) The Process Server
1736	1736	Certification Advisory Board is established as an advisory board to
1737	1737	the commission. The advisory board is composed of at least five
1738	1738	members appointed by the supreme court.
1739	1739	(b) Appointments to the advisory board shall be made without
1740	1740	regard to the race, color, disability, sex, religion, age, or
1741	1741	national origin of the appointees.
1742	1742	(c) The supreme court shall appoint a presiding officer of
1743	1743	the advisory board from among the advisory board members to serve
1744	1744	for two years.
1745	1745	(d) A majority of the advisory board constitutes a quorum.
1746	1746	(e) Advisory board members serve staggered six-year terms
1747	1747	as ordered by the supreme court.
1748	1748	(f) If a vacancy occurs on the advisory board, the supreme
1749	1749	court shall appoint a person to serve the remainder of the term.
1750	1750	(g) Advisory board members serve without compensation but
1751	1751	are entitled to reimbursement for travel expenses and other actual
1752	1752	and necessary expenses incurred in the performance of official
1753	1753	advisory board duties, as provided by the General Appropriations
1754	1754	Act.
1755	1755	SECTION 1.07. Section 51.008, Government Code, is
1756	1756	transferred to Subchapter B, Chapter 156, Government Code, as added
1757	1757	by this Act, redesignated as Section 156.052, Government Code, and
1758	1758	amended to read as follows:
1759	1759	Sec. 156.052 [51.008]. FEES FOR PROCESS SERVER
1760	1760	CERTIFICATION. (a) The commission [process server review board
1761	1761	established by supreme court order] may recommend to the supreme
1762	1762	court the fees to be charged for process server certification and
1763	1763	renewal of certification. The supreme court must approve the fees
1764	1764	recommended by the commission [process server review board] before
1765	1765	the fees may be collected.
1766	1766	(b) If a certification is issued or renewed for a term that
1767	1767	is less than the certification period provided by supreme court
1768	1768	rule, the fee for the certification shall be prorated so that the
1769	1769	process server pays only that portion of the fee that is allocable
1770	1770	to the period during which the certification is valid. On renewal
1771	1771	of the certification on the new expiration date, the process server
1772	1772	must pay the entire certification renewal fee.
1773	1773	(c) The office [Office of Court Administration of the Texas
1774	1774	Judicial System] may collect the fees recommended by the commission
1775	1775	[process server review board] and approved by the supreme court.
1776	1776	Fees collected under this section shall be sent to the comptroller
1777	1777	for deposit to the credit of the general revenue fund.
1778	1778	(d) Fees collected under this section may be appropriated to
1779	1779	the office [Office of Court Administration of the Texas Judicial
1780	1780	System] for the support of regulatory programs for process servers,
1781	1781	guardians, and court reporters.
1782	1782	SECTION 1.08. Subchapter C, Chapter 57, Government Code, is
1783	1783	transferred to Subtitle K, Title 2, Government Code, as added by
1784	1784	this Act, redesignated as Chapter 157, Government Code, and amended
1785	1785	to read as follows:
1786	1786	CHAPTER 157 [SUBCHAPTER C]. COURT INTERPRETERS LICENSING [FOR
1787	1787	INDIVIDUALS WHO DO NOT COMMUNICATE IN ENGLISH]
1788	1788	SUBCHAPTER A. GENERAL PROVISIONS
1789	1789	Sec. 157.001 [57.041]. DEFINITIONS. In this chapter
1790	1790	[subchapter]:
1791	1791	(1) "Advisory board" ["Board"] means the licensed
1792	1792	court interpreter advisory board.
1793	1793	(2) ["Commission" means the Texas Commission of
1794	1794	Licensing and Regulation.
1795	1795	[(4) "Department" means the Texas Department of
1796	1796	Licensing and Regulation.
1797	1797	[(4-a) "Executive director" means the executive
1798	1798	director of the department.
1799	1799	[(5)] "Licensed court interpreter" means an
1800	1800	individual licensed under this chapter by the commission to
1801	1801	interpret court proceedings for an individual who can hear but who
1802	1802	does not comprehend English or communicate in English [has the
1803	1803	meaning assigned by Section 57.001].
1804	1804	SUBCHAPTER B. LICENSED COURT INTERPRETER ADVISORY BOARD
1805	1805	Sec. 157.051 [57.042]. LICENSED COURT INTERPRETER ADVISORY
1806	1806	BOARD. (a) The licensed court interpreter advisory board is
1807	1807	established as an advisory board to the commission. The advisory
1808	1808	board is composed of at least five [nine] members appointed by the
1809	1809	supreme court [presiding officer of the commission, with the
1810	1810	commission's approval]. Members of the advisory board serve
1811	1811	staggered six-year terms as ordered by the supreme court[, with the
1812	1812	terms of one-third of the members expiring on February 1 of each
1813	1813	odd-numbered year].
1814	1814	(b) [The advisory board is composed of:
1815	1815	[(1) an active district, county, or statutory county
1816	1816	court judge who has been a judge for at least the three years
1817	1817	preceding the date of appointment;
1818	1818	[(2) an active court administrator who has been a
1819	1819	court administrator for at least the three years preceding the date
1820	1820	of appointment;
1821	1821	[(3) an active attorney who has been a practicing
1822	1822	member of the state bar for at least the three years preceding the
1823	1823	date of appointment;
1824	1824	[(4) three active licensed court interpreters; and
1825	1825	[(5) three public members who are residents of this
1826	1826	state.
1827	1827	[(c)] The supreme court [presiding officer of the
1828	1828	commission, with the commission's approval,] shall select from the
1829	1829	advisory board members a presiding officer of the advisory board to
1830	1830	serve for two years.
1831	1831	(c) [(d)] Members shall be appointed without regard to
1832	1832	race, color, disability, sex, religion, age, or national [ethnic]
1833	1833	origin. The membership of the advisory board must reflect the
1834	1834	geographical and cultural diversity of the state.
1835	1835	(d) [(e)] The supreme court [presiding officer of the
1836	1836	commission, with the commission's approval,] may remove a member of
1837	1837	the advisory board for inefficiency or neglect of duty in office[.
1838	1838	If a vacancy occurs on the board, the presiding officer of the
1839	1839	commission, with the commission's approval, shall appoint a member
1840	1840	who represents the same interests as the former member to serve the
1841	1841	unexpired term].
1842	1842	(e) [(f) The board shall meet at least twice a year at the
1843	1843	call of the presiding officer at a place designated by the presiding
1844	1844	officer.] A majority of the advisory board constitutes a quorum.
1845	1845	(f) [(g)] The advisory board shall advise the commission
1846	1846	regarding the adoption of rules and the design of a licensing
1847	1847	examination.
1848	1848	(g) An advisory [(h) A] board member is entitled to
1849	1849	reimbursement for travel expenses and other actual and necessary
1850	1850	expenses incurred in attending meetings of the advisory board in
1851	1851	the amount of the per diem set by the General Appropriations Act. A
1852	1852	member may not receive compensation for the member's services as an
1853	1853	advisory [a] board member. [Service on the board by a member
1854	1854	appointed under Subsection (b)(1) is an additional duty required by
1855	1855	the member's other official capacity, and that service on the board
1856	1856	is not a dual office holding.]
1857	1857	SUBCHAPTER C. LICENSE ISSUANCE
1858	1858	Sec. 157.101 [57.043]. ISSUANCE OF LICENSE; TERM. (a) The
1859	1859	[executive] director shall issue a court interpreter license to an
1860	1860	applicant who:
1861	1861	(1) can interpret for an individual who can hear but
1862	1862	who does not comprehend English or communicate in English;
1863	1863	(2) passes the appropriate examination prescribed by
1864	1864	the commission [executive director] not earlier than two years
1865	1865	before the date the [executive] director receives the applicant's
1866	1866	application for a license; and
1867	1867	(3) possesses the other qualifications for the license
1868	1868	required by this chapter [subchapter] or by rules adopted under
1869	1869	this chapter [subchapter].
1870	1870	(b) The commission shall adopt rules relating to licensing
1871	1871	under this chapter. The rules must be approved by the supreme
1872	1872	court. The [subchapter and the executive] director shall prescribe
1873	1873	all forms required under this chapter [subchapter].
1874	1874	(c) A license issued under this chapter [subchapter] is
1875	1875	valid for one year from the date of issuance.
1876	1876	(d) A license issued under this chapter [subchapter] must
1877	1877	include at least one of the following designations:
1878	1878	(1) a basic designation that permits the interpreter
1879	1879	to interpret court proceedings in justice courts and municipal
1880	1880	courts that are not municipal courts of record, other than a
1881	1881	proceeding before the court in which the judge is acting as a
1882	1882	magistrate; or
1883	1883	(2) a master designation that permits the interpreter
1884	1884	to interpret court proceedings in all courts in this state,
1885	1885	including justice courts and municipal courts described by
1886	1886	Subdivision (1).
1887	1887	(e) In adopting rules relating to licensing under this
1888	1888	subchapter, the commission shall, after consulting with the
1889	1889	advisory board, prescribe the minimum score an individual must
1890	1890	achieve on an examination to receive a license that includes a basic
1891	1891	designation under Subsection (d) and the minimum score an
1892	1892	individual must achieve to receive a license that includes a master
1893	1893	designation under that subsection.
1894	1894	Sec. 157.102 [57.044]. COURT INTERPRETER LICENSE. To
1895	1895	qualify for a court interpreter license under this chapter
1896	1896	[subchapter], an individual must apply on a form prescribed by the
1897	1897	commission [executive director] and demonstrate, in the manner
1898	1898	required by the [executive] director, reasonable proficiency in
1899	1899	interpreting English and court proceedings for individuals who can
1900	1900	hear but who do not comprehend English or communicate in English.
1901	1901	[Sec. 57.045. FEES. The commission by rule shall set
1902	1902	license and examination fees under this subchapter.]
1903	1903	Sec. 157.103 [57.046]. EXAMINATIONS. (a) The [executive]
1904	1904	director shall prepare examinations under this chapter
1905	1905	[subchapter] that test an applicant's knowledge, skill, and
1906	1906	efficiency in interpreting under this chapter [subchapter]. The
1907	1907	same examinations must be used for issuing a license that includes a
1908	1908	basic designation or master designation as described by Section
1909	1909	157.101(d) [57.043(d)].
1910	1910	(b) An individual who fails an examination may apply for
1911	1911	reexamination at a scheduled examination held at least six months
1912	1912	after the date the individual failed the original examination.
1913	1913	(c) Examinations shall be offered in the state at least
1914	1914	twice a year at times and places designated by the [executive]
1915	1915	director.
1916	1916	Sec. 157.104 [57.047]. COMMISSION [DEPARTMENT] DUTIES;
1917	1917	INSPECTIONS. (a) The commission [executive director] shall
1918	1918	enforce this chapter [subchapter].
1919	1919	(b) The commission [department] shall investigate
1920	1920	allegations of violations of this chapter [subchapter].
1921	1921	Sec. 157.105 [57.048]. SUSPENSION AND REVOCATION OF
1922	1922	LICENSES; REISSUANCE. (a) After a hearing, the commission shall
1923	1923	suspend or revoke a court interpreter license on a finding that the
1924	1924	individual:
1925	1925	(1) made a material misstatement in an application for
1926	1926	a license;
1927	1927	(2) disregarded or violated this chapter [subchapter]
1928	1928	or a rule adopted under this chapter [subchapter]; or
1929	1929	(3) engaged in dishonorable or unethical conduct
1930	1930	likely to deceive, defraud, or harm the public or a person for whom
1931	1931	the interpreter interprets.
1932	1932	(b) The commission [executive director] may reissue a
1933	1933	license to an individual whose license has been revoked if the
1934	1934	individual applies in writing to the department and shows good
1935	1935	cause to justify reissuance of the license.
1936	1936	Sec. 157.106 [57.049]. PROHIBITED ACTS. A person may not
1937	1937	advertise, represent to be, or act as a licensed court interpreter
1938	1938	unless the person holds an appropriate license under this chapter
1939	1939	[subchapter].
1940	1940	Sec. 157.107 [57.050]. OFFENSE; ADMINISTRATIVE PENALTY.
1941	1941	(a) A person commits an offense if the person violates this chapter
1942	1942	[subchapter] or a rule adopted under this chapter [subchapter]. An
1943	1943	offense under this subsection is a Class A misdemeanor.
1944	1944	(b) A person who violates this chapter [subchapter] or a
1945	1945	rule adopted under this chapter [subchapter] is subject to an
1946	1946	administrative penalty assessed by the commission as provided by
1947	1947	Chapter 153 [Subchapter F, Chapter 51, Occupations Code].
1948	1948	[Sec. 57.051. SUNSET. The licensed court interpreter
1949	1949	advisory board is subject to Chapter 325, Government Code (Texas
1950	1950	Sunset Act). Unless continued in existence as provided by that
1951	1951	chapter, the board is abolished and this subchapter expires
1952	1952	September 1, 2017.]
1953	1953	ARTICLE 2. CONFORMING CHANGES
1954	1954	SECTION 2.01. Article 38.30(a-1), Code of Criminal
1955	1955	Procedure, is amended to read as follows:
1956	1956	(a-1) A qualified telephone interpreter may be sworn to
1957	1957	interpret for the person in the trial of a Class C misdemeanor or a
1958	1958	proceeding before a magistrate if an interpreter is not available
1959	1959	to appear in person before the court or if the only available
1960	1960	interpreter is not considered to possess adequate interpreting
1961	1961	skills for the particular situation or is unfamiliar with the use of
1962	1962	slang. In this subsection, "qualified telephone interpreter" means
1963	1963	a telephone service that employs:
1964	1964	(1) licensed court interpreters as defined by Section
1965	1965	157.001 [57.001], Government Code; or
1966	1966	(2) federally certified court interpreters.
1967	1967	SECTION 2.02. Section 61.0513, Education Code, is amended
1968	1968	to read as follows:
1969	1969	Sec. 61.0513. COURT REPORTER PROGRAMS. The board may not
1970	1970	certify a court reporter program under Section 61.051(f) [of this
1971	1971	code] unless the program has received approval from the Judicial
1972	1972	Branch [Court Reporters] Certification Commission [Board].
1973	1973	SECTION 2.03. Section 132.055(b)(1), Education Code, is
1974	1974	amended to read as follows:
1975	1975	(1) The programs, curriculum, and instruction are of
1976	1976	such quality, content, and length as may reasonably and adequately
1977	1977	achieve the stated objective for which the programs, curriculum, or
1978	1978	instruction is offered. Before a career school or college conducts
1979	1979	a program of instruction in court reporting, the school or college
1980	1980	must produce evidence that the school or college has obtained
1981	1981	approval for the curriculum from the Judicial Branch [Court
1982	1982	Reporters] Certification Commission [Board].
1983	1983	SECTION 2.04. Section 1002.014, Estates Code, as effective
1984	1984	January 1, 2014, is amended to read as follows:
1985	1985	Sec. 1002.014. GUARDIANSHIP CERTIFICATION PROGRAM OF THE
1986	1986	JUDICIAL BRANCH CERTIFICATION COMMISSION [BOARD]. "Guardianship
1987	1987	certification program of the Judicial Branch Certification
1988	1988	Commission" ["Guardianship Certification Board"] means the program
1989	1989	[Guardianship Certification Board] established under Chapter 155
1990	1990	[111], Government Code.
1991	1991	SECTION 2.05. Section 1002.016, Estates Code, as effective
1992	1992	January 1, 2014, is amended to read as follows:
1993	1993	Sec. 1002.016. GUARDIANSHIP PROGRAM. "Guardianship
1994	1994	program" has the meaning assigned by Section 155.001 [111.001],
1995	1995	Government Code.
1996	1996	SECTION 2.06. Section 1002.025, Estates Code, as effective
1997	1997	January 1, 2014, is amended to read as follows:
1998	1998	Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN. "Private
1999	1999	professional guardian" has the meaning assigned by Section 155.001
2000	2000	[111.001], Government Code.
2001	2001	SECTION 2.07. Section 1101.001(b), Estates Code, as
2002	2002	effective January 1, 2014, is amended to read as follows:
2003	2003	(b) The application must be sworn to by the applicant and
2004	2004	state:
2005	2005	(1) the proposed ward's name, sex, date of birth, and
2006	2006	address;
2007	2007	(2) the name, relationship, and address of the person
2008	2008	the applicant seeks to have appointed as guardian;
2009	2009	(3) whether guardianship of the person or estate, or
2010	2010	both, is sought;
2011	2011	(4) the nature and degree of the alleged incapacity,
2012	2012	the specific areas of protection and assistance requested, and the
2013	2013	limitation or termination of rights requested to be included in the
2014	2014	court's order of appointment, including a termination of:
2015	2015	(A) the right of a proposed ward who is 18 years
2016	2016	of age or older to vote in a public election; and
2017	2017	(B) the proposed ward's eligibility to hold or
2018	2018	obtain a license to operate a motor vehicle under Chapter 521,
2019	2019	Transportation Code;
2020	2020	(5) the facts requiring the appointment of a guardian;
2021	2021	(6) the interest of the applicant in the appointment
2022	2022	of a guardian;
2023	2023	(7) the nature and description of any kind of
2024	2024	guardianship existing for the proposed ward in any other state;
2025	2025	(8) the name and address of any person or institution
2026	2026	having the care and custody of the proposed ward;
2027	2027	(9) the approximate value and description of the
2028	2028	proposed ward's property, including any compensation, pension,
2029	2029	insurance, or allowance to which the proposed ward may be entitled;
2030	2030	(10) the name and address of any person whom the
2031	2031	applicant knows to hold a power of attorney signed by the proposed
2032	2032	ward and a description of the type of power of attorney;
2033	2033	(11) for a proposed ward who is a minor, the following
2034	2034	information if known by the applicant:
2035	2035	(A) the name of each of the proposed ward's
2036	2036	parents and either the parent's address or that the parent is
2037	2037	deceased;
2038	2038	(B) the name and age of each of the proposed
2039	2039	ward's siblings, if any, and either the sibling's address or that
2040	2040	the sibling is deceased; and
2041	2041	(C) if each of the proposed ward's parents and
2042	2042	siblings are deceased, the names and addresses of the proposed
2043	2043	ward's next of kin who are adults;
2044	2044	(12) for a proposed ward who is a minor, whether the
2045	2045	minor was the subject of a legal or conservatorship proceeding in
2046	2046	the preceding two years and, if so:
2047	2047	(A) the court involved;
2048	2048	(B) the nature of the proceeding; and
2049	2049	(C) any final disposition of the proceeding;
2050	2050	(13) for a proposed ward who is an adult, the following
2051	2051	information if known by the applicant:
2052	2052	(A) the name of the proposed ward's spouse, if
2053	2053	any, and either the spouse's address or that the spouse is deceased;
2054	2054	(B) the name of each of the proposed ward's
2055	2055	parents and either the parent's address or that the parent is
2056	2056	deceased;
2057	2057	(C) the name and age of each of the proposed
2058	2058	ward's siblings, if any, and either the sibling's address or that
2059	2059	the sibling is deceased;
2060	2060	(D) the name and age of each of the proposed
2061	2061	ward's children, if any, and either the child's address or that the
2062	2062	child is deceased; and
2063	2063	(E) if there is no living spouse, parent, adult
2064	2064	sibling, or adult child of the proposed ward, the names and
2065	2065	addresses of the proposed ward's next of kin who are adults;
2066	2066	(14) facts showing that the court has venue of the
2067	2067	proceeding; and
2068	2068	(15) if applicable, that the person whom the applicant
2069	2069	seeks to have appointed as a guardian is a private professional
2070	2070	guardian who is certified under Subchapter C, Chapter 155 [111],
2071	2071	Government Code, and has complied with the requirements of
2072	2072	Subchapter G, Chapter 1104.
2073	2073	SECTION 2.08. Section 1104.251(a), Estates Code, as
2074	2074	effective January 1, 2014, is amended to read as follows:
2075	2075	(a) An individual must be certified under Subchapter C,
2076	2076	Chapter 155 [111], Government Code, if the individual:
2077	2077	(1) is a private professional guardian;
2078	2078	(2) will represent the interests of a ward as a
2079	2079	guardian on behalf of a private professional guardian;
2080	2080	(3) is providing guardianship services to a ward of a
2081	2081	guardianship program on the program's behalf, except as provided by
2082	2082	Section 1104.254; or
2083	2083	(4) is an employee of the Department of Aging and
2084	2084	Disability Services providing guardianship services to a ward of
2085	2085	the department.
2086	2086	SECTION 2.09. Section 1104.252, Estates Code, as effective
2087	2087	January 1, 2014, is amended to read as follows:
2088	2088	Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE. For
2089	2089	purposes of this subchapter, a person who holds a provisional
2090	2090	certificate issued under Section 155.103 [111.0421], Government
2091	2091	Code, is considered to be certified.
2092	2092	SECTION 2.10. Section 1104.253, Estates Code, as effective
2093	2093	January 1, 2014, is amended to read as follows:
2094	2094	Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A
2095	2095	family member or friend of an incapacitated person is not required
2096	2096	to be certified under Subchapter C, Chapter 155 [111], Government
2097	2097	Code, or any other law to serve as the person's guardian.
2098	2098	SECTION 2.11. Section 1104.255, Estates Code, as effective
2099	2099	January 1, 2014, is amended to read as follows:
2100	2100	Sec. 1104.255. EXPIRATION OF CERTIFICATION. A person whose
2101	2101	certification under Subchapter C, Chapter 155 [111], Government
2102	2102	Code, has expired must obtain a new certification under that
2103	2103	subchapter to provide or continue providing guardianship services
2104	2104	to a ward or incapacitated person under this title.
2105	2105	SECTION 2.12. Section 1104.256, Estates Code, as effective
2106	2106	January 1, 2014, is amended to read as follows:
2107	2107	Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.
2108	2108	The court shall notify the guardianship certification program of
2109	2109	the Judicial Branch Certification Commission [Guardianship
2110	2110	Certification Board] if the court becomes aware of a person who is
2111	2111	not complying with:
2112	2112	(1) the terms of a certification issued under
2113	2113	Subchapter C, Chapter 155 [111], Government Code; or
2114	2114	(2) the standards and rules adopted under that
2115	2115	subchapter.
2116	2116	SECTION 2.13. Section 1104.257, Estates Code, as effective
2117	2117	January 1, 2014, is amended to read as follows:
2118	2118	Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED BY
2119	2119	GUARDIANSHIP PROGRAM. Not later than January 31 of each year, each
2120	2120	guardianship program operating in a county shall submit to the
2121	2121	county clerk a copy of the report submitted to the guardianship
2122	2122	certification program of the Judicial Branch Certification
2123	2123	Commission [Guardianship Certification Board] under Section
2124	2124	155.105 [111.044], Government Code.
2125	2125	SECTION 2.14. Section 1104.258, Estates Code, as effective
2126	2126	January 1, 2014, is amended to read as follows:
2127	2127	Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE
2128	2128	EMPLOYEES PROVIDING GUARDIANSHIP SERVICES. Not later than January
2129	2129	31 of each year, the Department of Aging and Disability Services
2130	2130	shall submit to the guardianship certification program of the
2131	2131	Judicial Branch Certification Commission [Guardianship
2132	2132	Certification Board] a statement containing:
2133	2133	(1) the name, address, and telephone number of each
2134	2134	department employee who is or will be providing guardianship
2135	2135	services to a ward or proposed ward on the department's behalf; and
2136	2136	(2) the name of each county in which each employee
2137	2137	named in Subdivision (1) is providing or is authorized to provide
2138	2138	those services.
2139	2139	SECTION 2.15. Section 1104.303(a), Estates Code, as
2140	2140	effective January 1, 2014, is amended to read as follows:
2141	2141	(a) An application for a certificate of registration must
2142	2142	include a sworn statement containing the following information
2143	2143	concerning a private professional guardian or each person who
2144	2144	represents or plans to represent the interests of a ward as a
2145	2145	guardian on behalf of the private professional guardian:
2146	2146	(1) place of residence;
2147	2147	(2) business address and business telephone number;
2148	2148	(3) educational background and professional
2149	2149	experience;
2150	2150	(4) three or more professional references;
2151	2151	(5) the name of each ward for whom the private
2152	2152	professional guardian or person is or will be serving as a guardian;
2153	2153	(6) the aggregate fair market value of the property of
2154	2154	all wards that is or will be managed by the private professional
2155	2155	guardian or person;
2156	2156	(7) whether the private professional guardian or
2157	2157	person has ever been removed as a guardian by the court or resigned
2158	2158	as a guardian in a particular case, and, if so:
2159	2159	(A) a description of the circumstances causing
2160	2160	the removal or resignation; and
2161	2161	(B) the style of the suit, the docket number, and
2162	2162	the court having jurisdiction over the proceeding; and
2163	2163	(8) the certification number or provisional
2164	2164	certification number issued to the private professional guardian or
2165	2165	person by the guardianship certification program of the Judicial
2166	2166	Branch Certification Commission [Guardianship Certification
2167	2167	Board].
2168	2168	SECTION 2.16. Section 1104.306, Estates Code, as effective
2169	2169	January 1, 2014, is amended to read as follows:
2170	2170	Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES. Not
2171	2171	later than January 31 of each year, the clerk shall submit to the
2172	2172	guardianship certification program of the Judicial Branch
2173	2173	Certification Commission [Guardianship Certification Board] the
2174	2174	name and business address of each private professional guardian who
2175	2175	has satisfied the registration requirements of this subchapter
2176	2176	during the preceding year.
2177	2177	SECTION 2.17. Section 1104.404(a), Estates Code, as
2178	2178	effective January 1, 2014, is amended to read as follows:
2179	2179	(a) The clerk described by Section 1104.402 is not required
2180	2180	to obtain criminal history record information for a person who
2181	2181	holds a certificate issued under Section 155.102 [111.042],
2182	2182	Government Code, or a provisional certificate issued under Section
2183	2183	155.103 [111.0421], Government Code, if the guardianship
2184	2184	certification program of the Judicial Branch Certification
2185	2185	Commission [Guardianship Certification Board] conducted a criminal
2186	2186	history check on the person before issuing or renewing the
2187	2187	certificate.
2188	2188	SECTION 2.18. Section 1104.407, Estates Code, as effective
2189	2189	January 1, 2014, is amended to read as follows:
2190	2190	Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST. The
2191	2191	department shall provide the information obtained under Section
2192	2192	1104.406(a) [1102.406(a)] to:
2193	2193	(1) the clerk of the county having venue of the
2194	2194	guardianship proceeding at the court's request; and
2195	2195	(2) the guardianship certification program of the
2196	2196	Judicial Branch Certification Commission [Guardianship
2197	2197	Certification Board] at the commission's [board's] request.
2198	2198	SECTION 2.19. Section 1104.408, Estates Code, as effective
2199	2199	January 1, 2014, is amended to read as follows:
2200	2200	Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR
2201	2201	GUARDIANSHIP CERTIFICATION PROGRAM OF JUDICIAL BRANCH
2202	2202	CERTIFICATION COMMISSION [BOARD]. (a) Criminal history record
2203	2203	information obtained under Section 1104.407 is privileged and
2204	2204	confidential and is for the exclusive use of the court or
2205	2205	guardianship certification program of the Judicial Branch
2206	2206	Certification Commission [Guardianship Certification Board], as
2207	2207	appropriate. The information may not be released or otherwise
2208	2208	disclosed to any person or agency except:
2209	2209	(1) on court order;
2210	2210	(2) with the consent of the person being investigated;
2211	2211	or
2212	2212	(3) as authorized by Section 1104.404 of this code or
2213	2213	Section 411.1386(a-6), Government Code.
2214	2214	(b) The county clerk or guardianship certification program
2215	2215	of the Judicial Branch Certification Commission [Guardianship
2216	2216	Certification Board] may destroy the criminal history record
2217	2217	information after the information is used for the purposes
2218	2218	authorized by this subchapter.
2219	2219	SECTION 2.20. Section 1104.410, Estates Code, as effective
2220	2220	January 1, 2014, is amended to read as follows:
2221	2221	Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP
2222	2222	CERTIFICATION PROGRAM OF JUDICIAL BRANCH CERTIFICATION COMMISSION
2223	2223	[BOARD]. Criminal history record information obtained by the
2224	2224	guardianship certification program of the Judicial Branch
2225	2225	Certification Commission [Guardianship Certification Board] under
2226	2226	Section 1104.407(2) may be used for any purpose related to the
2227	2227	issuance, denial, renewal, suspension, or revocation of a
2228	2228	certificate issued by the commission [board].
2229	2229	SECTION 2.21. Section 1203.052(b), Estates Code, as
2230	2230	effective January 1, 2014, is amended to read as follows:
2231	2231	(b) In addition to the authority granted to the court under
2232	2232	Subsection (a), the court may, on the complaint of the guardianship
2233	2233	certification program of the Judicial Branch Certification
2234	2234	Commission [Guardianship Certification Board], remove a guardian
2235	2235	who would be ineligible for appointment under Subchapter H, Chapter
2236	2236	1104, because of the guardian's failure to maintain the
2237	2237	certification required under Subchapter F, Chapter 1104. The
2238	2238	guardian shall be cited to appear and contest the request for
2239	2239	removal under this subsection in the manner provided by Subsection
2240	2240	(a).
2241	2241	SECTION 2.22. Section 1251.003(b), Estates Code, as
2242	2242	effective January 1, 2014, is amended to read as follows:
2243	2243	(b) The application must state:
2244	2244	(1) the name and address of the person who is the
2245	2245	subject of the guardianship proceeding;
2246	2246	(2) the danger to the person or property alleged to be
2247	2247	imminent;
2248	2248	(3) the type of appointment and the particular
2249	2249	protection and assistance being requested;
2250	2250	(4) the facts and reasons supporting the allegations
2251	2251	and requests;
2252	2252	(5) the proposed temporary guardian's name, address,
2253	2253	and qualification;
2254	2254	(6) the applicant's name, address, and interest; and
2255	2255	(7) if applicable, that the proposed temporary
2256	2256	guardian is a private professional guardian who is certified under
2257	2257	Subchapter C, Chapter 155 [111], Government Code, and has complied
2258	2258	with the requirements of Subchapter G, Chapter 1104.
2259	2259	SECTION 2.23. Section 411.081(i), Government Code, is
2260	2260	amended to read as follows:
2261	2261	(i) A criminal justice agency may disclose criminal history
2262	2262	record information that is the subject of an order of nondisclosure
2263	2263	under Subsection (d) to the following noncriminal justice agencies
2264	2264	or entities only:
2265	2265	(1) the State Board for Educator Certification;
2266	2266	(2) a school district, charter school, private school,
2267	2267	regional education service center, commercial transportation
2268	2268	company, or education shared service arrangement;
2269	2269	(3) the Texas Medical Board;
2270	2270	(4) the Texas School for the Blind and Visually
2271	2271	Impaired;
2272	2272	(5) the Board of Law Examiners;
2273	2273	(6) the State Bar of Texas;
2274	2274	(7) a district court regarding a petition for name
2275	2275	change under Subchapter B, Chapter 45, Family Code;
2276	2276	(8) the Texas School for the Deaf;
2277	2277	(9) the Department of Family and Protective Services;
2278	2278	(10) the Texas Juvenile Justice Department [Youth
2279	2279	Commission];
2280	2280	(11) the Department of Assistive and Rehabilitative
2281	2281	Services;
2282	2282	(12) the Department of State Health Services, a local
2283	2283	mental health service, a local mental retardation authority, or a
2284	2284	community center providing services to persons with mental illness
2285	2285	or retardation;
2286	2286	(13) the Texas Private Security Board;
2287	2287	(14) a municipal or volunteer fire department;
2288	2288	(15) the Texas Board of Nursing;
2289	2289	(16) a safe house providing shelter to children in
2290	2290	harmful situations;
2291	2291	(17) a public or nonprofit hospital or hospital
2292	2292	district;
2293	2293	(18) [the Texas Juvenile Probation Commission;
2294	2294	[(19)] the securities commissioner, the banking
2295	2295	commissioner, the savings and mortgage lending commissioner, the
2296	2296	consumer credit commissioner, or the credit union commissioner;
2297	2297	(19) [(20)] the Texas State Board of Public
2298	2298	Accountancy;
2299	2299	(20) [(21)] the Texas Department of Licensing and
2300	2300	Regulation;
2301	2301	(21) [(22)] the Health and Human Services Commission;
2302	2302	(22) [(23)] the Department of Aging and Disability
2303	2303	Services;
2304	2304	(23) [(24)] the Texas Education Agency;
2305	2305	(24) the Judicial Branch Certification Commission
2306	2306	[(25) the Guardianship Certification Board];
2307	2307	(25) [(26)] a county clerk's office in relation to a
2308	2308	proceeding for the appointment of a guardian under Chapter XIII,
2309	2309	Texas Probate Code;
2310	2310	(26) [(27)] the Department of Information Resources
2311	2311	but only regarding an employee, applicant for employment,
2312	2312	contractor, subcontractor, intern, or volunteer who provides
2313	2313	network security services under Chapter 2059 to:
2314	2314	(A) the Department of Information Resources; or
2315	2315	(B) a contractor or subcontractor of the
2316	2316	Department of Information Resources;
2317	2317	(27) [(28) the Court Reporters Certification Board;
2318	2318	[(29)] the Texas Department of Insurance; and
2319	2319	(28) [(30)] the Teacher Retirement System of Texas.
2320	2320	SECTION 2.24. Sections 411.1386(a-4), (a-6), (d), and (f),
2321	2321	Government Code, are amended to read as follows:
2322	2322	(a-4) The Department of Aging and Disability Services shall
2323	2323	provide the information obtained under Subsection (a-1) to:
2324	2324	(1) the clerk of the county having venue over the
2325	2325	guardianship proceeding at the request of the court; and
2326	2326	(2) the guardianship certification program of the
2327	2327	Judicial Branch Certification Commission [Guardianship
2328	2328	Certification Board] at the request of the commission [board].
2329	2329	(a-6) The clerk described by Subsection (a) is not required
2330	2330	to obtain criminal history record information for a person who
2331	2331	holds a certificate issued under Section 155.102 [111.042] or a
2332	2332	provisional certificate issued under Section 155.103 [111.0421] if
2333	2333	the guardianship certification program of the Judicial Branch
2334	2334	Certification Commission [Guardianship Certification Board]
2335	2335	conducted a criminal history check on the person before issuing or
2336	2336	renewing the certificate. The commission [board] shall provide to
2337	2337	the clerk at the court's request the criminal history record
2338	2338	information that was obtained from the department or the Federal
2339	2339	Bureau of Investigation.
2340	2340	(d) The criminal history record information obtained under
2341	2341	Subsection (a-4) is for the exclusive use of the court or
2342	2342	guardianship certification program of the Judicial Branch
2343	2343	Certification Commission [Guardianship Certification Board], as
2344	2344	appropriate, and is privileged and confidential. The information
2345	2345	may not be released or otherwise disclosed to any person or agency
2346	2346	except on court order, with the consent of the person being
2347	2347	investigated, or as authorized by Subsection (a-6) or Section
2348	2348	698(a-6), Texas Probate Code. The county clerk or guardianship
2349	2349	certification program of the Judicial Branch Certification
2350	2350	Commission [Guardianship Certification Board] may destroy the
2351	2351	criminal history record information after the information is used
2352	2352	for the purposes authorized by this section.
2353	2353	(f) Criminal history record information obtained by the
2354	2354	guardianship certification program of the Judicial Branch
2355	2355	Certification Commission [Guardianship Certification Board] under
2356	2356	Subsection (a-4)(2) may be used for any purpose related to the
2357	2357	issuance, denial, renewal, suspension, or revocation of a
2358	2358	certificate issued by the commission [board].
2359	2359	SECTION 2.25. Section 411.1408, Government Code, is amended
2360	2360	to read as follows:
2361	2361	Sec. 411.1408. ACCESS TO CRIMINAL HISTORY RECORD
2362	2362	INFORMATION: JUDICIAL BRANCH CERTIFICATION COMMISSION
2363	2363	[GUARDIANSHIP CERTIFICATION BOARD]. (a) In this section,
2364	2364	"commission" ["board"] means the Judicial Branch Certification
2365	2365	Commission [Guardianship Certification Board] established under
2366	2366	Chapter 152 [111].
2367	2367	(b) The commission [board] is entitled to obtain from the
2368	2368	department criminal history record information maintained by the
2369	2369	department that relates to a person who is an applicant for or the
2370	2370	holder of a certificate, registration, or license issued by the
2371	2371	commission or otherwise under Subtitle K, Title 2 [board].
2372	2372	(c) Criminal history record information obtained by the
2373	2373	commission [board] under Subsection (b):
2374	2374	(1) may be used by the commission [board] for any
2375	2375	purpose related to the issuance, denial, suspension, revocation, or
2376	2376	renewal of a certificate, registration, or license issued by the
2377	2377	commission or otherwise under Subtitle K, Title 2 [board];
2378	2378	(2) may not be released or disclosed to any person
2379	2379	except:
2380	2380	(A) on court order;
2381	2381	(B) with the consent of the person who is the
2382	2382	subject of the information; or
2383	2383	(C) as authorized by Section 411.1386(a-6) of
2384	2384	this code or Section 698(a-6), Texas Probate Code, if applicable;
2385	2385	and
2386	2386	(3) shall be destroyed by the commission [board] after
2387	2387	the information is used for the authorized purposes.
2388	2388	SECTION 2.26. Section 2054.352(a), Government Code, is
2389	2389	amended to read as follows:
2390	2390	(a) The following licensing entities shall participate in
2391	2391	the system established under Section 2054.353:
2392	2392	(1) Texas Board of Chiropractic Examiners;
2393	2393	(2) Judicial Branch [Court Reporters] Certification
2394	2394	Commission [Board];
2395	2395	(3) State Board of Dental Examiners;
2396	2396	(4) Texas Funeral Service Commission;
2397	2397	(5) Texas Board of Professional Land Surveying;
2398	2398	(6) Texas Medical Board;
2399	2399	(7) Texas Board of Nursing;
2400	2400	(8) Texas Optometry Board;
2401	2401	(9) Department of Agriculture, for licenses issued
2402	2402	under Chapter 1951, Occupations Code;
2403	2403	(10) Texas State Board of Pharmacy;
2404	2404	(11) Executive Council of Physical Therapy and
2405	2405	Occupational Therapy Examiners;
2406	2406	(12) Texas State Board of Plumbing Examiners;
2407	2407	(13) Texas State Board of Podiatric Medical Examiners;
2408	2408	(14) Texas State Board of Examiners of Psychologists;
2409	2409	(15) State Board of Veterinary Medical Examiners;
2410	2410	(16) Texas Real Estate Commission;
2411	2411	(17) Texas Appraiser Licensing and Certification
2412	2412	Board;
2413	2413	(18) Texas Department of Licensing and Regulation;
2414	2414	(19) Texas State Board of Public Accountancy;
2415	2415	(20) State Board for Educator Certification;
2416	2416	(21) Texas Board of Professional Engineers;
2417	2417	(22) Department of State Health Services;
2418	2418	(23) Texas Board of Architectural Examiners;
2419	2419	(24) Texas Racing Commission;
2420	2420	(25) Commission on Law Enforcement Officer Standards
2421	2421	and Education; and
2422	2422	(26) Texas Private Security Board.
2423	2423	SECTION 2.27. Section 161.114(c), Human Resources Code, is
2424	2424	amended to read as follows:
2425	2425	(c) A volunteer may provide life enrichment activities,
2426	2426	companionship, transportation services, and other services to or
2427	2427	for the ward in a guardianship, except the volunteer may not provide
2428	2428	services that would require the volunteer to be certified under
2429	2429	Section 155.102 [111.042], Government Code.
2430	2430	SECTION 2.28. Section 151.353(a), Tax Code, is amended to
2431	2431	read as follows:
2432	2432	(a) Court reporting services relating to the preparation of
2433	2433	a document or other record in a civil or criminal suit by a notary
2434	2434	public or a court reporter licensed by the Judicial Branch [State of
2435	2435	Texas Court Reporters] Certification Commission [Board] are
2436	2436	exempted from the taxes imposed by this chapter if the document is:
2437	2437	(1) prepared for the use of a person participating in a
2438	2438	suit or the court in which a suit or administrative proceeding is
2439	2439	brought; and
2440	2440	(2) sold to a person participating in the suit.
2441	2441	ARTICLE 3. REPEALER, TRANSITION, AND EFFECTIVE DATE
2442	2442	SECTION 3.01. The following provisions of the Government
2443	2443	Code are repealed:
2444	2444	(1) Sections 52.001(a)(1), (2), (2-a), and (7);
2445	2445	(2) Sections 52.002, 52.003, 52.0112, 52.012,
2446	2446	52.0121, 52.013, 52.0131, 52.014, 52.015, 52.016, 52.0165, 52.017,
2447	2447	52.0175, 52.018, and 52.0185;
2448	2448	(3) the heading to Subchapter B, Chapter 52;
2449	2449	(4) Section 57.001(5);
2450	2450	(5) Section 72.013;
2451	2451	(6) Subchapter F, Chapter 72; and
2452	2452	(7) Section 411.1403.
2453	2453	SECTION 3.02. (a) In appointing the initial members of the
2454	2454	Judicial Branch Certification Commission created under Chapter
2455	2455	152, Government Code, as added by this Act, the Supreme Court of
2456	2456	Texas shall appoint three members to terms expiring February 1,
2457	2457	2017, three members to terms expiring February 1, 2019, and three
2458	2458	members to terms expiring February 1, 2021.
2459	2459	(b) The Supreme Court of Texas shall adopt rules,
2460	2460	procedures, and forms the supreme court determines are necessary to
2461	2461	implement Subtitle K, Title 2, Government Code, as added by this
2462	2462	Act, not later than September 1, 2014.
2463	2463	(c) On September 1, 2014:
2464	2464	(1) the Judicial Branch Certification Commission is
2465	2465	created;
2466	2466	(2) the Court Reporters Certification Board,
2467	2467	Guardianship Certification Board, and process server review board
2468	2468	are abolished;
2469	2469	(3) the powers, duties, functions, programs, and
2470	2470	activities of the Court Reporters Certification Board,
2471	2471	Guardianship Certification Board, and process server review board
2472	2472	and of the Texas Commission of Licensing and Regulation and the
2473	2473	Texas Department of Licensing and Regulation related to licensed
2474	2474	court interpreters are transferred to the Judicial Branch
2475	2475	Certification Commission;
2476	2476	(4) an employee of the Court Reporters Certification
2477	2477	Board, Guardianship Certification Board, or process server review
2478	2478	board becomes an employee of the Office of Court Administration of
2479	2479	the Texas Judicial System;
2480	2480	(5) all obligations and contracts of the Court
2481	2481	Reporters Certification Board, Guardianship Certification Board,
2482	2482	and process server review board and of the Texas Commission of
2483	2483	Licensing and Regulation and the Texas Department of Licensing and
2484	2484	Regulation related to licensed court interpreters are transferred
2485	2485	to the Office of Court Administration of the Texas Judicial System;
2486	2486	(6) all property and records in the custody of the
2487	2487	Court Reporters Certification Board, Guardianship Certification
2488	2488	Board, and process server review board and of the Texas Commission
2489	2489	of Licensing and Regulation and the Texas Department of Licensing
2490	2490	and Regulation related to licensed court interpreters shall be
2491	2491	transferred to the Office of Court Administration of the Texas
2492	2492	Judicial System;
2493	2493	(7) all complaints, investigations, or contested
2494	2494	cases that are pending before the Court Reporters Certification
2495	2495	Board, Guardianship Certification Board, and process server review
2496	2496	board and of the Texas Commission of Licensing and Regulation and
2497	2497	the Texas Department of Licensing and Regulation related to
2498	2498	licensed court interpreters are transferred without change in
2499	2499	status to the Judicial Branch Certification Commission;
2500	2500	(8) a rule, form, or fee adopted by the Supreme Court
2501	2501	of Texas or the Texas Commission of Licensing and Regulation
2502	2502	related to a profession regulated under Subtitle K, Title 2,
2503	2503	Government Code, as added by this Act, remains in effect until
2504	2504	altered by the supreme court;
2505	2505	(9) except as otherwise provided by this Act, a
2506	2506	reference in law to the Court Reporters Certification Board,
2507	2507	Guardianship Certification Board, or process server review board
2508	2508	means the Judicial Branch Certification Commission; and
2509	2509	(10) a license, certification, or registration in
2510	2510	effect that was issued by the Court Reporters Certification Board,
2511	2511	Guardianship Certification Board, process server review board, or
2512	2512	Texas Department of Licensing and Regulation related to professions
2513	2513	regulated under Subtitle K, Title 2, Government Code, as added by
2514	2514	this Act, is continued in effect as a license, certification, or
2515	2515	registration of the Judicial Branch Certification Commission.
2516	2516	(d) The abolition of the Court Reporters Certification
2517	2517	Board, Guardianship Certification Board, and process server review
2518	2518	board and the transfer of powers, duties, functions, programs,
2519	2519	activities, obligations, rights, contracts, records, property,
2520	2520	funds, and employees as provided by this Act do not affect or impair
2521	2521	an act done, any obligation, right, order, permit, certificate,
2522	2522	rule, criterion, standard, or requirement existing, or any penalty
2523	2523	accrued under former law, and that law remains in effect for any
2524	2524	action concerning those matters.
2525	2525	(e) Subsections (a) and (b) of this section take effect
2526	2526	September 1, 2013.
2527	2527	SECTION 3.03. Except as otherwise provided by this Act,
2528	2528	this Act takes effect September 1, 2014.