Texas 2013 - 83rd Regular

Texas Senate Bill SB966 Compare Versions

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1	1	By: West S.B. No. 966
2	2	(Perry)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creation of the Judicial Branch Certification
8	8	Commission and the consolidation of judicial profession
9	9	regulation; imposing penalties; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. JUDICIAL BRANCH CERTIFICATION COMMISSION
12	12	SECTION 1.01. Title 2, Government Code, is amended by
13	13	adding Subtitle K to read as follows:
14	14	SUBTITLE K. COURT PROFESSIONS REGULATION
15	15	CHAPTER 151. GENERAL PROVISIONS
16	16	Sec. 151.001. DEFINITIONS. In this subtitle:
17	17	(1) "Certification" means a certification issued by
18	18	the commission.
19	19	(2) "Commission" means the Judicial Branch
20	20	Certification Commission.
21	21	(3) "Director" means the administrative director of
22	22	the office.
23	23	(4) "License" means a license issued by the
24	24	commission.
25	25	(5) "Office" means the Office of Court Administration
26	26	of the Texas Judicial System.
27	27	(6) "Registration" means a registration issued by the
28	28	commission.
29	29	(7) "Regulated person" means a person who holds a
30	30	certification, registration, or license issued by the commission.
31	31	CHAPTER 152. JUDICIAL BRANCH CERTIFICATION COMMISSION
32	32	SUBCHAPTER A. GENERAL PROVISIONS
33	33	Sec. 152.001. SUNSET PROVISION. The Judicial Branch
34	34	Certification Commission is subject to Chapter 325 (Texas Sunset
35	35	Act), but is not abolished under that chapter. The commission shall
36	36	be reviewed during the period in which state agencies abolished in
37	37	2019 and every 12th year after 2019 are reviewed.
38	38	SUBCHAPTER B. COMMISSION
39	39	Sec. 152.051. ESTABLISHMENT OF COMMISSION. The Judicial
40	40	Branch Certification Commission is established to oversee the
41	41	regulatory programs assigned to it by state law or by the supreme
42	42	court.
43	43	Sec. 152.052. APPOINTMENT OF COMMISSION. (a) The
44	44	commission consists of nine members appointed by the supreme court
45	45	as follows:
46	46	(1) five judges, at least three of whom must be active
47	47	judges who preside over a court that employs an official court
48	48	reporter; and
49	49	(2) four public members.
50	50	(b) Subject to Subsection (d), public members of the
51	51	commission are appointed as follows:
52	52	(1) one member selected by the supreme court from a
53	53	list of nominees submitted by the Court Reporters Certification
54	54	Advisory Board established under Section 154.051 to represent that
55	55	advisory board;
56	56	(2) one member selected by the supreme court from a
57	57	list of nominees submitted by the Guardianship Certification
58	58	Advisory Board established under Section 155.051 to represent that
59	59	advisory board;
60	60	(3) one member selected by the supreme court from a
61	61	list of nominees submitted by the Process Server Certification
62	62	Advisory Board established under Section 156.051 to represent that
63	63	advisory board; and
64	64	(4) one member selected by the supreme court from a
65	65	list of nominees submitted by the licensed court interpreter
66	66	advisory board established under Section 157.051 to represent that
67	67	advisory board.
68	68	(c) In making an appointment under Subsection (b), the
69	69	supreme court may reject one or more of the nominees included on a
70	70	list submitted by an advisory board and request a new list of
71	71	nominees that does not include any nominees in the previous list.
72	72	(d) The supreme court may appoint to the commission a public
73	73	member selected by the supreme court if:
74	74	(1) an advisory board fails to provide the list of
75	75	nominees in the time required by the supreme court; or
76	76	(2) a selected nominee does not otherwise meet the
77	77	qualifications required by this chapter.
78	78	(e) Appointments to the commission shall be made without
79	79	regard to the race, color, disability, sex, religion, age, or
80	80	national origin of the appointee.
81	81	(f) A member appointed to the commission must be
82	82	knowledgeable about the professions certified by the commission.
83	83	Sec. 152.053. CONFLICT PROVISIONS. (a) In this section,
84	84	"Texas trade association" means a cooperative and voluntarily
85	85	joined statewide association of business or professional
86	86	competitors in this state designed to assist its members and its
87	87	industry or profession in dealing with mutual business or
88	88	professional problems and in promoting their common interest.
89	89	(b) A person is not eligible for appointment as a member of
90	90	the commission if the person or the person's spouse:
91	91	(1) is employed by or participates in the management
92	92	of a business entity or other organization receiving funds from the
93	93	commission;
94	94	(2) owns or controls, directly or indirectly, more
95	95	than a 10 percent interest in a business entity or other
96	96	organization receiving funds from the commission; or
97	97	(3) uses or receives a substantial amount of tangible
98	98	goods, services, or funds from the commission, other than
99	99	compensation or reimbursement authorized by law for commission
100	100	membership, attendance, or expenses.
101	101	(c) A person may not serve as a member of the commission or
102	102	act as the general counsel to the commission if the person is
103	103	required to register as a lobbyist under Chapter 305 because of the
104	104	person's activities for compensation on behalf of a profession
105	105	related to the operation of the commission.
106	106	(d) A person may not be a member of the commission and may
107	107	not be a commission employee employed in a "bona fide executive,
108	108	administrative, or professional capacity," as that phrase is used
109	109	for purposes of establishing an exemption to the overtime
110	110	provisions of the federal Fair Labor Standards Act of 1938 (29
111	111	U.S.C. Section 201 et seq.), if:
112	112	(1) the person is an officer, employee, or paid
113	113	consultant of a Texas trade association in the legal profession; or
114	114	(2) the person's spouse is an officer, manager, or paid
115	115	consultant of a Texas trade association in the legal profession.
116	116	Sec. 152.054. TRAINING. (a) A person who is appointed to
117	117	and qualifies for office as a member of the commission may not vote,
118	118	deliberate, or be counted as a member in attendance at a meeting of
119	119	the commission until the person completes a training program that
120	120	complies with this section.
121	121	(b) The training program must provide the person with
122	122	information regarding:
123	123	(1) this subtitle and the rules of the commission,
124	124	with an emphasis on the rules that relate to the commission's
125	125	disciplinary and investigatory authority;
126	126	(2) rules of ethics, codes of conduct, and other rules
127	127	adopted by the supreme court that are applicable to each profession
128	128	regulated or subject to oversight by the commission;
129	129	(3) the role and functions of the commission;
130	130	(4) the current budget for the commission;
131	131	(5) the results of the most recent formal audit of the
132	132	commission; and
133	133	(6) any ethics policies applicable to the commission
134	134	and adopted by the commission or supreme court.
135	135	(c) A person appointed to the commission is entitled to
136	136	reimbursement, as provided by the General Appropriations Act, for
137	137	the travel expenses incurred in attending the training program
138	138	regardless of whether the attendance at the program occurs before
139	139	or after the person qualifies for office.
140	140	Sec. 152.055. TERMS; VACANCY; REMOVAL. (a) Members of the
141	141	commission serve staggered six-year terms. The terms of three
142	142	members expire on February 1 of each odd-numbered year.
143	143	(b) If a vacancy occurs during a member's term, the supreme
144	144	court shall appoint a similarly qualified person to fill the
145	145	unexpired term.
146	146	(c) The supreme court may remove a member of the commission
147	147	for inefficiency or neglect of duty in office.
148	148	Sec. 152.056. PRESIDING OFFICER. The supreme court shall
149	149	designate a member of the commission as presiding officer of the
150	150	commission to serve in that capacity at the pleasure of the supreme
151	151	court.
152	152	Sec. 152.057. COMPENSATION; REIMBURSEMENT. (a) A
153	153	commission member may not receive compensation for service on the
154	154	commission.
155	155	(b) A commission member is entitled to reimbursement for
156	156	travel expenses and other actual and necessary expenses incurred in
157	157	performing functions as a commission member, subject to any
158	158	applicable limitation on reimbursement provided by the General
159	159	Appropriations Act.
160	160	Sec. 152.058. MEETINGS. (a) The commission shall meet at
161	161	least once in each quarter of the fiscal year.
162	162	(b) The commission may meet at other times at the call of the
163	163	presiding officer or as provided by commission rules.
164	164	Sec. 152.059. PUBLIC TESTIMONY. The commission shall
165	165	develop and implement policies that provide the public with a
166	166	reasonable opportunity to appear before the commission and to speak
167	167	on any issue under the jurisdiction of the commission.
168	168	SUBCHAPTER C. ADMINISTRATION
169	169	Sec. 152.101. RULES. The supreme court may adopt rules
170	170	consistent with this subtitle, including rules governing the
171	171	certification, registration, licensing, and conduct of persons
172	172	regulated under this subtitle. The supreme court may authorize the
173	173	commission to adopt rules as the supreme court considers
174	174	appropriate or as otherwise specified under this subtitle.
175	175	Sec. 152.102. RULES REGARDING ADVERTISING OR COMPETITIVE
176	176	BIDDING. (a) Subject to any rules related to ethics or
177	177	professional conduct promulgated by the supreme court, the supreme
178	178	court may not adopt rules restricting advertising or competitive
179	179	bidding by a holder of a certification, registration, or license
180	180	except to prohibit false, misleading, or deceptive practices.
181	181	(b) In its rules to prohibit false, misleading, or deceptive
182	182	practices, the supreme court may not include a rule that:
183	183	(1) restricts the use of any medium for advertising;
184	184	(2) restricts the use of a regulated person's personal
185	185	appearance or voice in an advertisement;
186	186	(3) relates to the size or duration of an
187	187	advertisement by the regulated person; or
188	188	(4) restricts the regulated person's advertisement
189	189	under a trade name.
190	190	Sec. 152.103. ADMINISTRATIVE ATTACHMENT. (a) The
191	191	commission is administratively attached to the office.
192	192	(b) Notwithstanding any other law, the office shall:
193	193	(1) provide administrative assistance, services, and
194	194	materials to the commission, including budget planning and
195	195	purchasing;
196	196	(2) accept, deposit, and disburse money made available
197	197	to the commission;
198	198	(3) reimburse the travel expenses and other actual and
199	199	necessary expenses of commission members incurred in the
200	200	performance of official commission duties, as provided by the
201	201	General Appropriations Act; and
202	202	(4) provide the commission with adequate computer
203	203	equipment and support.
204	204	Sec. 152.104. DIRECTOR. The director shall:
205	205	(1) perform any duty assigned by the commission and
206	206	other duties specified by law; and
207	207	(2) administer and enforce the commission's programs.
208	208	Sec. 152.105. DIVISION OF RESPONSIBILITIES. The commission
209	209	shall develop and implement policies that clearly separate the
210	210	policy-making responsibilities of the commission and the
211	211	management responsibilities of the director and the staff of the
212	212	office.
213	213	Sec. 152.106. USE OF TECHNOLOGY. The commission shall
214	214	implement a policy requiring the commission to use appropriate
215	215	technological solutions to improve the commission's ability to
216	216	perform its functions. The policy must ensure that the public is
217	217	able to interact with the commission on the Internet.
218	218	Sec. 152.107. INFORMATION ON STANDARDS OF CONDUCT. The
219	219	director or the director's designee shall provide to members of the
220	220	commission and to office employees, as often as necessary,
221	221	information regarding the requirements for service or employment
222	222	under this subtitle, including information regarding a person's
223	223	responsibilities under applicable laws relating to standards of
224	224	conduct for state officers or employees.
225	225	Sec. 152.108. PUBLIC INTEREST INFORMATION. (a) The
226	226	commission shall prepare information of public interest describing
227	227	the functions of the commission under this subtitle and the
228	228	procedure by which complaints are filed and resolved under this
229	229	subtitle.
230	230	(b) The commission shall make the information available to
231	231	the public and appropriate state agencies.
232	232	Sec. 152.109. COMPLAINTS. (a) The commission shall
233	233	establish methods by which consumers are notified of the name,
234	234	mailing address, and telephone number of the commission for the
235	235	purpose of directing complaints about persons regulated under this
236	236	subtitle to the commission.
237	237	(b) The commission shall list with its regular telephone
238	238	number any toll-free telephone number established under other state
239	239	law that may be called to present a complaint about a person
240	240	regulated under this subtitle.
241	241	Sec. 152.110. RECORDS OF COMPLAINTS. (a) The commission
242	242	shall maintain a file on each written complaint filed with the
243	243	commission under this subtitle. The file must include:
244	244	(1) the name of the person who filed the complaint;
245	245	(2) the date the complaint is received by the
246	246	commission;
247	247	(3) the subject matter of the complaint;
248	248	(4) the name of each person contacted in relation to
249	249	the complaint;
250	250	(5) a summary of the results of the review or
251	251	investigation of the complaint; and
252	252	(6) an explanation of the reason the file was closed,
253	253	if the commission closed the file without taking action other than
254	254	to investigate the complaint.
255	255	(b) The commission shall provide to the person filing the
256	256	complaint and to each person who is a subject of the complaint a
257	257	copy of the commission's policies and procedures relating to
258	258	complaint investigation and resolution. A person who reports a
259	259	complaint by telephone shall be given information on how to file a
260	260	written complaint.
261	261	(c) The commission, at least quarterly and until final
262	262	disposition of the complaint, shall notify the person filing the
263	263	complaint and each person who is a subject of the complaint of the
264	264	status of the investigation unless the notice would jeopardize an
265	265	ongoing investigation.
266	266	Sec. 152.111. COMPLAINT DISMISSAL. (a) The commission may
267	267	adopt a policy allowing office employees to dismiss complaints
268	268	that:
269	269	(1) clearly do not allege misconduct; or
270	270	(2) are not within the commission's jurisdiction.
271	271	(b) Office employees shall inform the commission of all
272	272	dismissals made under this section.
273	273	(c) A person who files a complaint that is dismissed under
274	274	this section may request that the commission reconsider the
275	275	complaint.
276	276	Sec. 152.112. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
277	277	(a) The commission shall develop and implement a policy to
278	278	encourage the use of appropriate alternative dispute resolution
279	279	procedures to assist in the resolution of internal and external
280	280	disputes under the commission's jurisdiction.
281	281	(b) The procedures relating to alternative dispute
282	282	resolution under this section must conform, to the extent possible,
283	283	to any model guidelines issued by the State Office of
284	284	Administrative Hearings for the use of alternative dispute
285	285	resolution by state agencies.
286	286	SUBCHAPTER D. POWERS AND DUTIES
287	287	Sec. 152.151. GENERAL POWERS AND DUTIES. (a) The
288	288	commission shall:
289	289	(1) administer and enforce this subtitle;
290	290	(2) in consultation with appropriate advisory boards,
291	291	develop and recommend rules to the supreme court;
292	292	(3) in consultation with appropriate advisory boards,
293	293	develop and recommend to the supreme court a code of ethics for each
294	294	profession regulated under this subtitle;
295	295	(4) set fees in amounts reasonable and necessary to
296	296	cover the costs of administering the programs or activities
297	297	administered by the commission, including examinations and
298	298	issuance and renewal of certifications, registrations, and
299	299	licenses; and
300	300	(5) in consultation with appropriate advisory boards,
301	301	establish qualifications for certification, registration, and
302	302	licensing under this subtitle.
303	303	(b) The commission may:
304	304	(1) require applicants for certification,
305	305	registration, or licensing under this subtitle to pass an
306	306	examination that is developed and administered by the commission,
307	307	or by the commission in conjunction with a person with whom the
308	308	commission contracts to develop and administer the examination, and
309	309	charge fees for the examination;
310	310	(2) require regulated persons to obtain continuing
311	311	education; and
312	312	(3) appoint necessary committees.
313	313	Sec. 152.152. ADVISORY BOARDS. (a) In addition to the
314	314	advisory boards specifically established under this subtitle, the
315	315	commission may establish other advisory boards to advise the
316	316	commission on policy and persons regulated under this subtitle.
317	317	(b) An advisory board established under this subtitle,
318	318	including under this section, shall meet at least once each year and
319	319	at the call of the presiding officer.
320	320	(c) An advisory board established under this subtitle,
321	321	including under this section, shall assist the commission by
322	322	developing and recommending rules to the commission. The advisory
323	323	board may establish subcommittees to fulfill the duties imposed
324	324	under this subsection.
325	325	(d) An advisory board member serves without compensation
326	326	but is entitled to reimbursement for travel expenses and other
327	327	actual and necessary expenses incurred in performing functions as
328	328	an advisory board member, subject to any applicable limitation on
329	329	reimbursement provided by the General Appropriations Act.
330	330	SUBCHAPTER E. CERTIFICATION, REGISTRATION, AND LICENSING
331	331	REQUIREMENTS
332	332	Sec. 152.201. EXAMINATIONS. (a) Not later than the 30th
333	333	day after the date a person takes an examination, the commission
334	334	shall notify the person of the results of the examination.
335	335	(b) If the examination is graded or reviewed by a testing
336	336	service:
337	337	(1) the commission shall notify the person of the
338	338	results of the examination not later than the 30th day after the
339	339	date the commission receives the results from the testing service;
340	340	and
341	341	(2) if notice of the examination results will be
342	342	delayed for longer than 90 days after the examination date, the
343	343	commission shall notify the person of the reason for the delay
344	344	before the 90th day.
345	345	(c) The commission may require a testing service to:
346	346	(1) notify a person of the results of the person's
347	347	examination; or
348	348	(2) collect a fee for administering an examination
349	349	from a person taking the examination.
350	350	(d) If requested in writing by a person who fails an
351	351	examination, the commission shall furnish the person with an
352	352	analysis of the person's performance on the examination.
353	353	Sec. 152.202. ENDORSEMENT; RECIPROCITY. (a) The
354	354	commission may waive any prerequisite to obtaining a certification,
355	355	registration, or license for an applicant after reviewing the
356	356	applicant's credentials and determining that the applicant holds a
357	357	certification, registration, or license issued by another
358	358	jurisdiction that has certification, registration, or licensing
359	359	requirements substantially equivalent to those of this state.
360	360	(b) The commission may waive any prerequisite to obtaining a
361	361	certification, registration, or license for an applicant who holds
362	362	a certification, registration, or license issued by another
363	363	jurisdiction with which this state has a reciprocity agreement.
364	364	The commission may make an agreement, subject to the approval of the
365	365	supreme court, with another state to allow for certification,
366	366	registration, or licensing by reciprocity.
367	367	Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
368	368	shall adopt rules on applicants' ineligibility for certification,
369	369	registration, or licensing under this subtitle based on the
370	370	person's criminal history or other information that indicates the
371	371	person lacks the honesty, trustworthiness, or integrity to hold the
372	372	certification, registration, or license.
373	373	Sec. 152.204. CONTINUING EDUCATION. (a) The supreme court
374	374	may authorize and the commission by rule may require continuing
375	375	professional education for persons regulated under this subtitle.
376	376	(b) The rules for continuing professional education adopted
377	377	by the commission may include standards relating to:
378	378	(1) reporting by regulated persons or by providers of
379	379	continuing professional education;
380	380	(2) continuing professional education course content;
381	381	and
382	382	(3) the minimum number of continuing professional
383	383	education hours required.
384	384	(c) The commission by rule may exempt certain persons,
385	385	including retired persons and persons with disabilities, from all
386	386	or a portion of the continuing education requirements.
387	387	Sec. 152.205. CODE OF ETHICS. (a) The commission shall
388	388	develop and recommend to the supreme court for adoption by rule a
389	389	code of ethics for persons regulated under this subtitle. In
390	390	developing the code of ethics, the commission may use the codes of
391	391	ethics adopted by state or national associations as models.
392	392	(b) The commission shall publish the code of ethics after
393	393	adoption by the supreme court.
394	394	(c) After publishing the code of ethics, the commission
395	395	shall propose to the supreme court a rule stating that a person who
396	396	violates the code of ethics is subject to an administrative penalty
397	397	assessed under Chapter 153.
398	398	(d) The commission shall update the code of ethics as
399	399	necessary to reflect changes in technology or other factors
400	400	affecting a profession regulated under this subtitle.
401	401	CHAPTER 153. COMMISSION ENFORCEMENT
402	402	SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS
403	403	Sec. 153.001. INVESTIGATIONS. The commission may conduct
404	404	investigations as necessary to enforce the laws administered by the
405	405	commission.
406	406	Sec. 153.002. SUBPOENAS. (a) The commission may issue a
407	407	subpoena as provided by this section.
408	408	(b) The commission may request and, if necessary, compel by
409	409	subpoena:
410	410	(1) the production for inspection and copying of
411	411	records, documents, and other evidence relevant to the
412	412	investigation of an alleged violation of this subtitle, a law
413	413	establishing a regulatory program administered by the commission, a
414	414	rule adopted under this subtitle, or an order issued by the
415	415	commission or director; and
416	416	(2) the attendance of a witness for examination under
417	417	oath.
418	418	(c) A subpoena under this section may be issued throughout
419	419	this state and may be served by any person designated by the
420	420	commission or the director.
421	421	(d) The commission, acting through the attorney general,
422	422	may bring an action to enforce a subpoena issued under this section
423	423	against a person who fails to comply with the subpoena.
424	424	(e) Venue for an action brought under this section is in a
425	425	district court in:
426	426	(1) Travis County; or
427	427	(2) any county in which the commission may hold a
428	428	hearing.
429	429	(f) The court shall order compliance with the subpoena if
430	430	the court finds that good cause exists to issue the subpoena.
431	431	Sec. 153.003. CEASE AND DESIST ORDER. The director may
432	432	issue a cease and desist order if the director determines that the
433	433	action is necessary to prevent a violation of:
434	434	(1) this subtitle;
435	435	(2) a law establishing a regulatory program
436	436	administered by the commission; or
437	437	(3) a rule adopted under this subtitle or order issued
438	438	by the commission or the director.
439	439	Sec. 153.004. DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO
440	440	RENEW; REPRIMAND; PROBATION. (a) The commission may deny, revoke,
441	441	suspend, or refuse to renew a certification, registration, or
442	442	license or may reprimand a regulated person for a violation of this
443	443	subtitle, a law establishing a regulatory program administered by
444	444	the commission, a rule adopted under this subtitle, or an order
445	445	issued by the commission or director.
446	446	(b) The commission may place on probation a person whose
447	447	certification, registration, or license is suspended. If a
448	448	certification, registration, or license suspension is probated,
449	449	the commission may require the person to:
450	450	(1) report regularly to the commission on matters that
451	451	are the basis of the probation;
452	452	(2) limit practice to the areas prescribed by the
453	453	commission; or
454	454	(3) continue or review professional education until
455	455	the person attains a degree of skill satisfactory to the commission
456	456	in those areas that are the basis for the probation.
457	457	Sec. 153.005. INJUNCTION. (a) The commission may apply to
458	458	a district court in any county for an injunction to restrain a
459	459	violation of this subtitle or a rule adopted under this subtitle by
460	460	a person.
461	461	(b) At the request of the commission, the attorney general
462	462	shall initiate and conduct an action in a district court in the
463	463	state's name to obtain an injunction under this section.
464	464	(c) If the state prevails in a suit under this section, the
465	465	attorney general may recover on behalf of the state reasonable
466	466	attorney's fees, court costs, and reasonable investigative costs
467	467	incurred in relation to the proceeding.
468	468	SUBCHAPTER B. ADMINISTRATIVE PENALTY; ADMINISTRATIVE SANCTION
469	469	Sec. 153.051. IMPOSITION OF PENALTY. (a) The commission
470	470	may impose an administrative penalty on a person regulated under
471	471	this subtitle who violates this subtitle or a rule or standard
472	472	adopted or order issued under this subtitle.
473	473	(b) A proceeding under this subchapter imposing an
474	474	administrative penalty may be combined with a proceeding to impose
475	475	an administrative sanction otherwise imposed under this subtitle.
476	476	If an administrative sanction is imposed in a proceeding under this
477	477	subchapter, the requirements of this subchapter apply to the
478	478	imposition of the sanction.
479	479	Sec. 153.052. AMOUNT OF PENALTY. (a) The amount of an
480	480	administrative penalty may not exceed $500 for each violation, and
481	481	each day a violation continues or occurs is a separate violation for
482	482	purposes of imposing a penalty.
483	483	(b) The amount shall be based on:
484	484	(1) the seriousness of the violation, including the
485	485	nature, circumstances, extent, and gravity of the violation;
486	486	(2) the threat to health or safety caused by the
487	487	violation;
488	488	(3) any previous violations;
489	489	(4) the amount necessary to deter a future violation;
490	490	(5) whether the violator demonstrated good faith,
491	491	including when applicable whether the violator made good faith
492	492	efforts to correct the violation; and
493	493	(6) any other matter that justice may require.
494	494	Sec. 153.053. REPORT AND NOTICE OF VIOLATION, PENALTY, AND
495	495	SANCTION. (a) The commission shall:
496	496	(1) appoint a committee of advisory board members to
497	497	review a complaint, make the initial determination on whether a
498	498	violation occurred, and recommend the imposition of a penalty, a
499	499	sanction, or both for violations;
500	500	(2) review the determination and recommendation of the
501	501	committee and accept or revise as necessary the determination and
502	502	recommendation; and
503	503	(3) give to the person who is the subject of the
504	504	complaint written notice by certified mail of the commission's
505	505	determination on whether a violation occurred and each recommended
506	506	penalty or sanction, if any.
507	507	(b) The notice required under Subsection (a) must:
508	508	(1) include a brief summary of the alleged violation;
509	509	(2) state the amount of any recommended penalty;
510	510	(3) state any recommended sanction; and
511	511	(4) inform the person of the person's right to a
512	512	hearing on the occurrence of the violation, the amount of the
513	513	penalty, the imposition of the sanction, or any combination.
514	514	Sec. 153.054. PENALTY PAID, SANCTION ACCEPTED, OR HEARING
515	515	REQUESTED. (a) Not later than the 20th day after the date the
516	516	person receives the notice sent under Section 153.053, the person
517	517	in writing may:
518	518	(1) accept the determination of the commission and
519	519	recommended penalty or sanction; or
520	520	(2) make a request for a hearing on the occurrence of
521	521	the violation, the imposition or amount of the penalty, the
522	522	imposition of the sanction, or any combination.
523	523	(b) If the person accepts the determination and recommended
524	524	penalty or sanction or if the person fails to respond to the notice,
525	525	the commission by order shall approve the determination and impose
526	526	the recommended penalty or sanction.
527	527	Sec. 153.055. NOTICE; HEARING. (a) If the person requests
528	528	a hearing, the commission shall give to the person written notice of
529	529	the hearing that includes the time, place, legal authority, and
530	530	jurisdiction under which the hearing is held and the laws and rules
531	531	related to the violation.
532	532	(b) The person may appear, present evidence, and respond to
533	533	questions from the commission at the hearing.
534	534	(c) The commission shall make findings of fact and
535	535	conclusions of law and promptly issue an order on the occurrence of
536	536	the violation, the amount of any penalty imposed, and the
537	537	imposition of any sanction. The commission shall give the person
538	538	notice of the order.
539	539	(d) On approval of the supreme court, the commission may
540	540	adopt rules governing the hearing, including rules on appearance by
541	541	telephone.
542	542	(e) The presiding officer of the commission may hold
543	543	prehearing conferences.
544	544	(f) The notice of the commission's order under Subsection
545	545	(c) must include a statement of the right of the person to appeal
546	546	the order under Section 153.058.
547	547	(g) On request of the commission, at least one member of the
548	548	applicable advisory board committee shall attend the hearing to
549	549	consult with the commission on the reasons for the advisory board
550	550	committee's recommendations under Section 153.053(a).
551	551	(h) At the hearing, the commission shall apply the general
552	552	rules of evidence applicable in a district court, except that the
553	553	commission may admit and consider any information the commission
554	554	determines is relevant, trustworthy, and necessary for a full and
555	555	fair adjudication and determination of fact or law.
556	556	Sec. 153.056. OPTIONS FOLLOWING DECISION: PAY, ACCEPT, OR
557	557	APPEAL. Not later than the 30th day after the date the order of the
558	558	commission imposing an administrative penalty or sanction under
559	559	Section 153.055 becomes final, the person shall:
560	560	(1) pay the penalty or accept the sanction; or
561	561	(2) file an appeal of the commission's order
562	562	contesting the occurrence of the violation, the imposition or
563	563	amount of the penalty, the imposition of the sanction, or any
564	564	combination.
565	565	Sec. 153.057. COLLECTION OF PENALTY. (a) If the person
566	566	does not pay the penalty and the enforcement of the penalty is not
567	567	stayed in accordance with supreme court rules, the penalty may be
568	568	collected.
569	569	(b) The attorney general may sue to collect the penalty and
570	570	may recover reasonable expenses, including attorney's fees,
571	571	incurred in recovering the penalty.
572	572	(c) A penalty collected under this subchapter shall be
573	573	deposited in the state treasury in the general revenue fund.
574	574	Sec. 153.058. APPEAL OF DECISION. (a) The supreme court
575	575	shall adopt rules governing appeals under this subchapter.
576	576	(b) The rules must require the appeal to be made to a special
577	577	committee consisting of three regional presiding judges. If the
578	578	alleged violation involves a certified guardian, the committee must
579	579	consist of two regional presiding judges and the presiding judge of
580	580	the statutory probate courts.
581	581	(c) An appeal must be filed not later than the 30th day after
582	582	the date the commission's order is issued.
583	583	(d) The special committee shall consider the appeal under an
584	584	abuse of discretion standard of review for all issues except issues
585	585	involving questions of law. The standard of review for issues
586	586	involving questions of law is de novo.
587	587	(e) The special committee may confer in writing with a
588	588	certification, registration, or license holder who is in the same
589	589	profession as the person appealing the commission's order if the
590	590	special committee provides to the person:
591	591	(1) notice of the special committee's request for
592	592	information; and
593	593	(2) a copy of the certification, registration, or
594	594	license holder's response.
595	595	(f) If the special committee sustains the finding that a
596	596	violation occurred, the special committee may:
597	597	(1) uphold or reduce the amount of any penalty and
598	598	order the person to pay the full or reduced amount of the penalty;
599	599	and
600	600	(2) uphold or reduce any sanction and order the
601	601	imposition of the sanction.
602	602	(g) If the special committee does not sustain the finding
603	603	that a violation occurred, the special committee shall order that a
604	604	penalty is not owed and that a sanction may not be imposed.
605	605	Sec. 153.059. REMITTANCE OF PENALTY AND INTEREST. (a) If
606	606	the person paid the penalty and if the amount of the penalty is
607	607	reduced or the penalty is not upheld by the special committee, the
608	608	special committee shall order that the appropriate amount plus
609	609	accrued interest be remitted to the person not later than the 30th
610	610	day after the date the judgment of the special committee becomes
611	611	final.
612	612	(b) The interest accrues at the rate charged on loans to
613	613	depository institutions by the New York Federal Reserve Bank.
614	614	(c) The interest shall be paid for the period beginning on
615	615	the date the penalty is paid and ending on the date the penalty is
616	616	remitted.
617	617	CHAPTER 154. COURT REPORTERS CERTIFICATION AND SHORTHAND
618	618	REPORTING FIRMS REGISTRATION
619	619	SUBCHAPTER A. GENERAL PROVISIONS
620	620	Sec. 154.001. DEFINITIONS. (a) In this chapter:
621	621	(1) "Advisory board" means the Court Reporters
622	622	Certification Advisory Board.
623	623	(2) "Certification" means, notwithstanding Section
624	624	151.001, a certification issued by the supreme court on the
625	625	commission's recommendation.
626	626	(3) "Official court reporter" means the shorthand
627	627	reporter appointed by a judge as the official court reporter.
628	628	(4) "Shorthand reporter" and "court reporter" mean a
629	629	person who engages in shorthand reporting.
630	630	(5) "Shorthand reporting" and "court reporting" mean
631	631	the practice of shorthand reporting for use in litigation in the
632	632	courts of this state by making a verbatim record of an oral court
633	633	proceeding, deposition, or proceeding before a grand jury, referee,
634	634	or court commissioner using written symbols in shorthand, machine
635	635	shorthand, or oral stenography.
636	636	(6) "Shorthand reporting firm," "court reporting
637	637	firm," and "affiliate office" mean an entity wholly or partly in the
638	638	business of providing court reporting or other related services in
639	639	this state.
640	640	(b) For purposes of Subsection (a)(6), a court reporting
641	641	firm, shorthand reporting firm, or affiliate office is considered
642	642	to be providing court reporting or other related services in this
643	643	state if:
644	644	(1) any act that constitutes a court reporting service
645	645	or shorthand reporting service occurs wholly or partly in this
646	646	state;
647	647	(2) the firm or affiliate office recruits a resident
648	648	of this state through an intermediary located inside or outside of
649	649	this state to provide court reporting services, shorthand reporting
650	650	services, or other related services in this state; or
651	651	(3) the firm or affiliate office contracts with a
652	652	resident of this state by mail or otherwise and either party is to
653	653	perform court reporting services, shorthand reporting services, or
654	654	other related services wholly or partly in this state.
655	655	Sec. 154.002. RULES. The supreme court may adopt rules
656	656	consistent with this subtitle, including rules governing:
657	657	(1) the certification and conduct of official and
658	658	deputy court reporters and shorthand reporters; and
659	659	(2) the registration and conduct of court reporting
660	660	and shorthand reporting firms.
661	661	SECTION 1.02. Chapter 154, Government Code, as added by
662	662	this Act, is amended by adding Subchapter B, and a heading is added
663	663	to that subchapter to read as follows:
664	664	SUBCHAPTER B. COURT REPORTERS CERTIFICATION ADVISORY BOARD
665	665	SECTION 1.03. Sections 52.011 and 52.0111, Government Code,
666	666	are transferred to Subchapter B, Chapter 154, Government Code, as
667	667	added by this Act, redesignated as Sections 154.051 and 154.052,
668	668	Government Code, and amended to read as follows:
669	669	Sec. 154.051 [52.011]. ORGANIZATION. (a) The Court
670	670	Reporters Certification Advisory Board is established as an
671	671	advisory board to the commission. The advisory board is composed of
672	672	at least seven members appointed by the supreme court as follows
673	673	[and is composed of]:
674	674	(1) one active district judge presiding over a court
675	675	that employs an official court reporter [who serves as chairman];
676	676	(2) one [two] active attorney [attorneys] licensed in
677	677	this state who has [have] been a practicing member [members] of the
678	678	State Bar for more than the five years immediately preceding the
679	679	attorney's [their] appointment to the advisory board;
680	680	(3) two active official court reporters who have
681	681	practiced shorthand reporting in this state for more than the five
682	682	years immediately preceding their appointment to the advisory
683	683	board;
684	684	(4) two active certified shorthand reporters who work
685	685	on a freelance basis and who have practiced shorthand reporting for
686	686	more than the five years immediately preceding their appointment to
687	687	the advisory board; and
688	688	(5) one representative of a shorthand reporting firm
689	689	[that is not owned by a certified shorthand reporter and] that has
690	690	operated as a shorthand reporting firm in this state for more than
691	691	the three years immediately preceding the representative's
692	692	appointment to the advisory board[;
693	693	[(6) one representative of a shorthand reporting firm
694	694	that is owned by a certified shorthand reporter and that has
695	695	operated as a shorthand reporting firm in this state for more than
696	696	the three years immediately preceding the representative's
697	697	appointment to the board; and
698	698	[(7) four members who are representatives of the
699	699	general public].
700	700	(b) Appointments to the advisory board shall be made without
701	701	regard to the race, color, disability, sex, religion, age, or
702	702	national origin of the appointees.
703	703	(c) The advisory board member appointed under Subsection
704	704	(a)(1) serves as presiding officer of the advisory board. [A person
705	705	may not be a member of the board or act as the general counsel to the
706	706	board if the person is:
707	707	[(1) required to register as a lobbyist under Chapter
708	708	305 because of the person's activities for compensation on behalf
709	709	of a profession related to the operation of the board; or
710	710	[(2) an owner, officer, or employee of a school or
711	711	institution engaged in instructing persons in shorthand reporting
712	712	skills.]
713	713	(d) A majority of the advisory board constitutes a quorum.
714	714	[In this subsection, "Texas trade association" means a cooperative
715	715	and voluntarily joined statewide association of business or
716	716	professional competitors in this state designed to assist its
717	717	members and its industry or profession in dealing with mutual
718	718	business or professional problems and in promoting their common
719	719	interest. A person may not be a member of the board and may not be a
720	720	board employee employed in a "bona fide executive, administrative,
721	721	or professional capacity," as that phrase is used for purposes of
722	722	establishing an exemption to the overtime provisions of the federal
723	723	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
724	724	and its subsequent amendments, if:
725	725	[(1) the person is an officer, employee, or paid
726	726	consultant of a Texas trade association in the field of shorthand
727	727	reporting; or
728	728	[(2) the person's spouse is an officer, manager, or
729	729	paid consultant of a Texas trade association in the field of
730	730	shorthand reporting.]
731	731	(e) Advisory board [A person may not be a public member of
732	732	the board if the person or the person's spouse:
733	733	[(1) is a judge;
734	734	[(2) is licensed to practice law in this state;
735	735	[(3) is registered or certified by the board;
736	736	[(4) is an elected public official;
737	737	[(5) is a full-time governmental employee;
738	738	[(6) is employed by or participates in the management
739	739	of a business entity or other organization regulated by or
740	740	receiving money from the board;
741	741	[(7) owns or controls, directly or indirectly, more
742	742	than a 10 percent interest in a business entity or other
743	743	organization regulated by or receiving money from the board; or
744	744	[(8) uses or receives a substantial amount of tangible
745	745	goods, services, or money from the board other than compensation or
746	746	reimbursement authorized by law for board membership, attendance,
747	747	or expenses.
748	748	[(f) Board] members serve staggered six-year terms of
749	749	office as ordered by the supreme court[, with the terms of two or
750	750	three members expiring on December 31 of each year].
751	751	(f) [(g) A member holds office until that member's
752	752	successor is appointed and has qualified for office. A board member
753	753	may not be appointed to an immediately succeeding term unless the
754	754	member has served less than three consecutive years.
755	755	[(h)] If a vacancy occurs on the advisory board, the supreme
756	756	court shall appoint a similarly qualified person to serve the
757	757	remainder of the term.
758	758	(g) Advisory board [(i) Board] members serve without
759	759	compensation but are entitled to reimbursement for travel expenses
760	760	and other actual and necessary expenses incurred in the performance
761	761	of official advisory [traveling and performing official] board
762	762	duties, as provided by the General Appropriations Act.
763	763	Sec. 154.052 [52.0111]. ADVISORY BOARD MEMBER TRAINING.
764	764	(a) A person who is appointed to and qualifies for office as a
765	765	member of the advisory board may not vote, deliberate, or be counted
766	766	as a member in attendance at a meeting of the advisory board until
767	767	the person completes a training program that complies with this
768	768	section.
769	769	(b) The training program must provide the person with
770	770	information regarding:
771	771	(1) this chapter [the legislation that created the
772	772	board];
773	773	(2) [the programs operated by the board;
774	774	[(3)] the role and functions of the advisory board;
775	775	(3) [(4)] the rules of the commission [board], with an
776	776	emphasis on the rules that relate to disciplinary and investigatory
777	777	authority; and
778	778	(4) [(5) the current budget for the board;
779	779	[(6) the results of the most recent formal audit of the
780	780	board;
781	781	[(7) the requirements of:
782	782	[(A) the open meetings law, Chapter 551;
783	783	[(B) the public information law, Chapter 552;
784	784	[(C) the administrative procedure law, Chapter
785	785	2001; and
786	786	[(D) other laws relating to public officials,
787	787	including conflict-of-interest laws; and
788	788	[(8)] any applicable ethics policies adopted by the
789	789	commission [board or the Texas Ethics Commission].
790	790	(c) A person appointed to the advisory board is entitled to
791	791	reimbursement, as provided by the General Appropriations Act, for
792	792	the travel expenses incurred in attending the training program
793	793	regardless of whether the attendance at the program occurs before
794	794	or after the person qualifies for office.
795	795	SECTION 1.04. Subchapter C, Chapter 52, Government Code, is
796	796	transferred to Chapter 154, Government Code, as added by this Act,
797	797	redesignated as Subchapter C, Chapter 154, Government Code, and
798	798	amended to read as follows:
799	799	SUBCHAPTER C. CERTIFICATION AND REGISTRATION
800	800	Sec. 154.101 [52.021]. CERTIFICATION OF REPORTERS. (a) A
801	801	person may not be appointed an official court reporter or a deputy
802	802	court reporter unless the person is certified as a shorthand
803	803	reporter by the supreme court.
804	804	(b) A person may not engage in shorthand reporting in this
805	805	state unless the person is certified as a shorthand reporter by the
806	806	supreme court.
807	807	(c) A certification issued under this chapter must be for
808	808	one or more of the following methods of shorthand reporting:
809	809	(1) written shorthand;
810	810	(2) machine shorthand;
811	811	(3) oral stenography; or
812	812	(4) any other method of shorthand reporting authorized
813	813	by the supreme court.
814	814	(d) A person certified under state law as a court reporter
815	815	[this chapter] before September 1, 1983, may retain a general
816	816	certification authorizing the person to use any authorized method
817	817	of shorthand reporting. The person must keep the certification in
818	818	continuous effect.
819	819	(e) A person may not assume or use the title or designation
820	820	"court recorder," "court reporter," or "shorthand reporter," or any
821	821	abbreviation, title, designation, words, letters, sign, card, or
822	822	device tending to indicate that the person is a court reporter or
823	823	shorthand reporter, unless the person is certified as a shorthand
824	824	reporter by the supreme court. Nothing in this subsection shall be
825	825	construed to either sanction or prohibit the use of electronic
826	826	court recording equipment operated by a noncertified court reporter
827	827	pursuant and according to rules adopted or approved by the supreme
828	828	court.
829	829	(f) Except as provided by Section 154.112 [52.031] and by
830	830	Section 20.001, Civil Practice and Remedies Code, all depositions
831	831	conducted in this state must be recorded by a certified shorthand
832	832	reporter.
833	833	(g) The commission [board] may enforce this section by
834	834	seeking an injunction or by filing a complaint against a person who
835	835	is not certified by the supreme court in the district court of the
836	836	county in which that person resides or Travis County. Said action
837	837	for an injunction shall be in addition to any other action,
838	838	proceeding, or remedy authorized by law. The commission [board]
839	839	shall be represented by the attorney general and/or the county or
840	840	district attorney of this state, or counsel designated and
841	841	empowered by the commission [board].
842	842	(h) A court reporting firm shall register with the
843	843	commission [board] by completing an application in a form adopted
844	844	by the commission [board].
845	845	(i) Rules applicable to a court reporter are also applicable
846	846	to a court reporting firm. The commission [board] may enforce this
847	847	subsection by assessing a reasonable fee against a court reporting
848	848	firm. This subsection does not apply to court reporting services
849	849	performed outside of this state by a foreign shorthand reporter who
850	850	is not certified in this state for use in a court proceeding in this
851	851	state, provided that the work resulting from those services is
852	852	produced and billed wholly outside of this state.
853	853	[Sec. 52.0211. RULES ON CONSEQUENCES OF CRIMINAL
854	854	CONVICTION. (a) Chapter 53, Occupations Code, applies to an
855	855	applicant for or a holder of a certification or registration under
856	856	this chapter, notwithstanding Section 53.002, Occupations Code.
857	857	[(b) The supreme court shall adopt rules necessary to comply
858	858	with Chapter 53, Occupations Code.]
859	859	Sec. 154.102 [52.022]. APPLICATION FOR EXAMINATION. A
860	860	person seeking certification must file an application for
861	861	examination with the commission [board] not later than the 30th day
862	862	before the date fixed for the examination. The application must be
863	863	accompanied by the required fee.
864	864	Sec. 154.103 [52.023]. EXAMINATION. (a) The examination
865	865	for certification in one or more of the authorized methods of
866	866	shorthand reporting consists of two parts, designated Part A and
867	867	Part B.
868	868	(b) Part A consists of five minutes of two-voice dictation
869	869	of questions and answers given at 225 words per minute, five minutes
870	870	of dictation of jury charges given at 200 words per minute, and five
871	871	minutes of dictation of selected literary material given at 180
872	872	words per minute. Each applicant must personally take down the test
873	873	material, either in writing or in voice, and must prepare a
874	874	transcript of the material taken down. The minimum passing grade
875	875	for each section of Part A is 95 percent. A dictionary may be used
876	876	during Part A. Each applicant has three hours to complete the
877	877	transcription of Part A. If an applicant finishes before the three
878	878	hours have elapsed, the applicant may review the transcript but may
879	879	use only the test material taken down by that applicant to review
880	880	the transcript. An error is charged for:
881	881	(1) each wrong word;
882	882	(2) each omitted word;
883	883	(3) each word added by the applicant that was not
884	884	dictated;
885	885	(4) each contraction interpreted by the applicant as
886	886	two words;
887	887	(5) two words interpreted by the applicant as a
888	888	contraction;
889	889	(6) each misplaced word;
890	890	(7) each misplaced period that materially alters the
891	891	sense of a group of words or a sentence;
892	892	(8) each misspelled word;
893	893	(9) the use of the plural or singular if the opposite
894	894	was dictated; and
895	895	(10) each wrong number.
896	896	(c) Part B consists of objective questions relating to
897	897	elementary aspects of shorthand reporting, spelling, and grammar.
898	898	The minimum passing grade for Part B is 75 percent. A dictionary
899	899	may not be used during Part B.
900	900	(d) An applicant who cheats on the examination is
901	901	disqualified and may not take the examination again until two years
902	902	have elapsed from the date of the examination at which the applicant
903	903	was disqualified.
904	904	[Sec. 52.0231. EXAMINATION RESULTS. (a) Not later than
905	905	the 30th day after the date a person takes an examination under this
906	906	chapter, the board shall notify the person of the results of the
907	907	examination.
908	908	[(b) If the examination is graded or reviewed by a testing
909	909	service:
910	910	[(1) the board shall notify the person of the results
911	911	of the examination not later than the 30th day after the date the
912	912	board receives the results from the testing service; and
913	913	[(2) if notice of the examination results will be
914	914	delayed for longer than 90 days after the examination date, the
915	915	board shall notify the person of the reason for the delay before the
916	916	90th day.
917	917	[(c) The board may require a testing service to notify a
918	918	person of the results of the person's examination.
919	919	[(d) If requested in writing by a person who fails an
920	920	examination administered under this chapter, the board shall
921	921	furnish the person with an analysis of the person's performance on
922	922	the examination.]
923	923	Sec. 154.104 [52.024]. CERTIFICATION TO SUPREME COURT.
924	924	[(a)] The commission [board] shall certify to the supreme court
925	925	the name of each qualified applicant who has passed the
926	926	examination.
927	927	[Sec. 52.0241. RECIPROCAL CERTIFICATION OR CERTIFICATION
928	928	BY ENDORSEMENT. (a) The board may waive any prerequisite to
929	929	certification for an applicant after reviewing the applicant's
930	930	credentials and determining that the applicant holds a license or
931	931	certification issued by another jurisdiction that has licensing or
932	932	certification requirements substantially equivalent to those of
933	933	this state.
934	934	[(b) The board may waive any prerequisite to certification
935	935	for an applicant who holds a license or certification issued by
936	936	another jurisdiction with which this state has a reciprocity
937	937	agreement. The board may make an agreement, subject to the approval
938	938	of the supreme court, with another state to allow for certification
939	939	by reciprocity.]
940	940	Sec. 154.105 [52.025]. TITLE; OATHS. (a) On
941	941	certification, a shorthand reporter may use the title "Certified
942	942	Shorthand Reporter" or the abbreviation "CSR."
943	943	(b) A certified shorthand reporter may administer oaths to
944	944	witnesses anywhere in this state.
945	945	Sec. 154.106 [52.0255]. FIRM REGISTRATION. (a) A
946	946	shorthand reporting firm may not assume or use the title or
947	947	designation "court recording firm," "court reporting firm," or
948	948	"shorthand reporting firm" or any abbreviation, title,
949	949	designation, words, letters, sign, card, or device tending to
950	950	indicate that the firm is a court reporting firm or shorthand
951	951	reporting firm, or offer services as a court reporting firm or
952	952	shorthand reporting firm, unless the firm and its affiliate offices
953	953	are registered with the commission [board] on a form prescribed by
954	954	the commission [board] as required by this subchapter [chapter].
955	955	(b) The commission [board] may enforce this section against
956	956	a firm, its affiliate office, or both, if the firm or affiliate
957	957	office is not registered with the commission [board], by seeking an
958	958	injunction or by filing a complaint in the district court of the
959	959	county in which the firm or affiliate office is located or in Travis
960	960	County. An action for an injunction is in addition to any other
961	961	action, proceeding, or remedy authorized by law. The attorney
962	962	general, a county or district attorney of this state, or counsel
963	963	designated and empowered by the commission [board] shall represent
964	964	the commission [board].
965	965	Sec. 154.107 [52.026]. CERTIFICATION AND REGISTRATION FEE
966	966	AND RENEWAL. (a) A person who receives certification as a
967	967	shorthand reporter or a shorthand reporting firm or affiliate
968	968	office that registers with the commission [board] must pay the
969	969	initial fee and any other required fee before receiving the
970	970	certification or registration.
971	971	(b) A certification or registration expires at 12:01 a.m. on
972	972	January 1 following the second anniversary of the date on which it
973	973	was issued unless the certification or registration is renewed.
974	974	Thereafter, the certification or registration expires at 12:01 a.m.
975	975	of each second January 1 unless renewed.
976	976	(c) A person who is otherwise eligible to renew a
977	977	certification or registration may renew an unexpired certification
978	978	or registration by paying the required renewal fee to the
979	979	commission [board] before the expiration date of the certification
980	980	or registration. A person whose certification or registration has
981	981	expired may not engage in activities that require a certification
982	982	or registration until the certification or registration has been
983	983	renewed.
984	984	(d) A person whose certification or registration has been
985	985	expired for 90 days or less may renew the certification or
986	986	registration by paying to the commission [board] a renewal fee that
987	987	is equal to 1-1/2 times the normally required renewal fee.
988	988	(e) A person whose certification or registration has been
989	989	expired for more than 90 days but less than one year may renew the
990	990	certification or registration by paying to the commission [board] a
991	991	renewal fee that is equal to two times the normally required renewal
992	992	fee.
993	993	(f) A person whose certification or registration has been
994	994	expired for one year or more may not renew the certification or
995	995	registration. The person may obtain a new certification or
996	996	registration by complying with the requirements and procedures,
997	997	including the examination requirements, for obtaining an original
998	998	certification or registration.
999	999	(g) A person who was certified in this state, moved to
1000	1000	another state, and is currently certified and has been in practice
1001	1001	in the other state for the two years preceding the date of
1002	1002	application may obtain a new certification without reexamination.
1003	1003	The person must pay to the commission [board] a fee that is equal to
1004	1004	two times the normally required renewal fee for the certification.
1005	1005	(h) Not later than the 30th day before the date a person's
1006	1006	certification or registration is scheduled to expire, the
1007	1007	commission [board] shall send written notice of the impending
1008	1008	expiration to the person at the person's last known address
1009	1009	according to the records of the commission [board].
1010	1010	Sec. 154.108 [52.0261]. STAGGERED RENEWAL OF CERTIFICATION
1011	1011	OR REGISTRATION. The supreme court by rule may adopt a system under
1012	1012	which certifications or registrations expire on various dates
1013	1013	during the year. For the year in which the certification or
1014	1014	registration expiration date is changed, the commission [board]
1015	1015	shall prorate certification or registration fees on a monthly basis
1016	1016	so that each certification or registration holder pays only that
1017	1017	portion of the certification or registration fee that is allocable
1018	1018	to the number of months during which the certification or
1019	1019	registration is valid. On renewal of the certification or
1020	1020	registration on the new expiration date, the total certification or
1021	1021	registration renewal fee is payable.
1022	1022	Sec. 154.109 [52.027]. COMPLAINT. (a) To file a complaint
1023	1023	against a certified shorthand reporter or a shorthand reporting
1024	1024	firm or affiliate office registered with the commission [board], a
1025	1025	person must:
1026	1026	(1) have personal knowledge of the alleged violation;
1027	1027	(2) complete a complaint form provided by the
1028	1028	commission [board];
1029	1029	(3) sign the completed form; and
1030	1030	(4) attach any pertinent documentary evidence to the
1031	1031	form.
1032	1032	(b) On receipt of a properly executed complaint, the
1033	1033	commission [board] shall furnish a copy of the complaint and any
1034	1034	attachments to the shorthand reporter or shorthand reporting firm
1035	1035	or affiliate office that is the subject of the complaint.
1036	1036	(c) This section does not preclude the commission [board] or
1037	1037	a court of this state from filing a complaint against a certified
1038	1038	shorthand reporter or a shorthand reporting firm. An advisory
1039	1039	board member may recommend to the commission a complaint to be filed
1040	1040	against a certified shorthand reporter or a shorthand reporting
1041	1041	firm or affiliated office registered with the commission.
1042	1042	[Sec. 52.0271. COMPLAINT DISMISSAL. (a) The board may
1043	1043	adopt a policy allowing board employees to dismiss complaints that:
1044	1044	[(1) clearly do not allege misconduct; or
1045	1045	[(2) are not within the board's jurisdiction.
1046	1046	[(b) Board employees shall inform the board of all
1047	1047	dismissals made under this section.
1048	1048	[(c) A person who files a complaint that is dismissed under
1049	1049	this section may request that the board reconsider the complaint.
1050	1050	[Sec. 52.028. NOTICE AND HEARING. (a) If after receiving
1051	1051	a verified complaint the board believes that a hearing on the
1052	1052	complaint is advisable, the board shall set a date for the hearing
1053	1053	not later than the 30th day after the date on which the board
1054	1054	received the complaint.
1055	1055	[(b) Immediately after setting the date for the hearing, the
1056	1056	board shall notify the shorthand reporter or shorthand reporting
1057	1057	firm or affiliate office that is the subject of the complaint. The
1058	1058	notice must state the cause of any contemplated disciplinary action
1059	1059	and the time and place of the hearing. The notice shall be mailed to
1060	1060	the registered address of the shorthand reporter or shorthand
1061	1061	reporting firm or affiliate office not later than the 30th day
1062	1062	before the date on which the hearing is scheduled.
1063	1063	[(c) The chairman or the chairman's designee shall preside
1064	1064	at the hearing.
1065	1065	[(d) At the hearing, the board shall apply the general rules
1066	1066	of evidence applicable in a district court.
1067	1067	[(e) The board shall rule on requests for continuances with
1068	1068	regard to the hearing.
1069	1069	[(f) At the direction of a majority of the board, each board
1070	1070	member may administer oaths, subpoena witnesses and compel their
1071	1071	attendance, take evidence, and require the production of records
1072	1072	relating to a matter within the board's jurisdiction.
1073	1073	[(g) The board shall produce a written summary of the
1074	1074	evidence before it and a written finding of facts. The board shall
1075	1075	forward a copy of its findings of fact and rulings to the
1076	1076	complainant and any aggrieved party.]
1077	1077	Sec. 154.110 [52.029]. DISCIPLINARY ACTIONS AGAINST COURT
1078	1078	REPORTERS. (a) After receiving a complaint and giving the
1079	1079	certified shorthand reporter notice and an opportunity for a
1080	1080	hearing as prescribed by Subchapter B, Chapter 153 [Section
1081	1081	52.028], the commission [board] shall revoke, suspend, or refuse to
1082	1082	renew the shorthand reporter's certification or issue a reprimand
1083	1083	to the reporter for:
1084	1084	(1) fraud or corruption;
1085	1085	(2) dishonesty;
1086	1086	(3) wilful or negligent violation or failure of duty;
1087	1087	(4) incompetence;
1088	1088	(5) fraud or misrepresentation in obtaining
1089	1089	certification;
1090	1090	(6) a final conviction of a felony or misdemeanor that
1091	1091	directly relates to the duties and responsibilities of a certified
1092	1092	court reporter, as determined by supreme court rules [adopted under
1093	1093	Section 52.0211];
1094	1094	(7) engaging in the practice of shorthand reporting
1095	1095	using a method for which the reporter is not certified;
1096	1096	(8) engaging in the practice of shorthand reporting
1097	1097	while certification is suspended;
1098	1098	(9) unprofessional conduct, including giving directly
1099	1099	or indirectly, benefiting from, or being employed as a result of any
1100	1100	gift, incentive, reward, or anything of value to attorneys,
1101	1101	clients, or their representatives or agents, except for nominal
1102	1102	items that do not exceed $100 in the aggregate for each recipient
1103	1103	each year;
1104	1104	(10) entering into or providing services under a
1105	1105	prohibited contract described by Section 154.115 [52.034];
1106	1106	(11) committing any other act that violates this
1107	1107	chapter or a rule or provision of the code of ethics adopted under
1108	1108	this subtitle [chapter]; or
1109	1109	(12) other sufficient cause.
1110	1110	(b) The commission [board] may suspend the certification:
1111	1111	(1) for a designated period of time not to exceed 12
1112	1112	months;
1113	1113	(2) until the person corrects the deficiencies that
1114	1114	were the grounds for the suspension; or
1115	1115	(3) until the person complies with any conditions
1116	1116	imposed by the commission [board] to ensure the person's future
1117	1117	performance as a shorthand reporter.
1118	1118	(c) A suspended shorthand reporter may apply for
1119	1119	reinstatement by presenting proof that:
1120	1120	(1) the designated time has expired;
1121	1121	(2) the person has corrected the deficiencies; or
1122	1122	(3) the person has complied with the conditions
1123	1123	imposed by the commission [board].
1124	1124	(d) On its own motion, the commission [board] may conduct a
1125	1125	hearing to inquire into a suspension. If the commission [board]
1126	1126	finds that a person has not corrected the deficiencies that were the
1127	1127	grounds of the suspension or has not complied with the conditions
1128	1128	imposed by the commission [board], the commission [board] may
1129	1129	revoke the person's certification.
1130	1130	(e) The supreme court may authorize and the commission
1131	1131	[board] may adopt rules relating to the nonrenewal of the
1132	1132	certification of a court reporter who is in default on a loan
1133	1133	guaranteed under Chapter 57, Education Code, by the Texas
1134	1134	Guaranteed Student Loan Corporation.
1135	1135	(f) The commission [board] may place on probation a person
1136	1136	whose certification is suspended. If a certification suspension is
1137	1137	probated, the commission [board] may require the person to:
1138	1138	(1) report regularly to the commission [board] on
1139	1139	matters that are the basis of the probation;
1140	1140	(2) limit practice to the areas prescribed by the
1141	1141	commission [board]; or
1142	1142	(3) continue or review professional education until
1143	1143	the person attains a degree of skill satisfactory to the commission
1144	1144	[board] in those areas that are the basis of the probation.
1145	1145	Sec. 154.111 [52.0295]. DISCIPLINARY ACTIONS AGAINST
1146	1146	FIRMS. (a) After receiving a complaint and giving the shorthand
1147	1147	reporting firm or affiliate office notice and an opportunity for a
1148	1148	hearing as prescribed by Subchapter B, Chapter 153 [Section
1149	1149	52.028], the commission [board] shall reprimand, assess a
1150	1150	reasonable fine against, or suspend, revoke, or refuse to renew the
1151	1151	registration of a shorthand reporting firm or affiliate office for:
1152	1152	(1) fraud or corruption;
1153	1153	(2) dishonesty;
1154	1154	(3) conduct on the part of an officer, director, or
1155	1155	managerial employee of the shorthand reporting firm or affiliate
1156	1156	office if the officer, director, or managerial employee orders,
1157	1157	encourages, or permits conduct that the officer, director, or
1158	1158	managerial employee knows or should have known violates this
1159	1159	subtitle [chapter];
1160	1160	(4) conduct on the part of an officer, director, or
1161	1161	managerial employee or agent of the shorthand reporting firm or
1162	1162	affiliate office who has direct supervisory authority over a person
1163	1163	for whom the officer, director, employee, or agent knows or should
1164	1164	have known violated this subtitle [chapter] and knowingly fails to
1165	1165	take reasonable remedial action to avoid or mitigate the
1166	1166	consequences of the person's actions;
1167	1167	(5) fraud or misrepresentation in obtaining
1168	1168	registration;
1169	1169	(6) a final conviction of an officer, director, or
1170	1170	managerial employee of a shorthand reporting firm or affiliate
1171	1171	office for a felony or misdemeanor that is directly related to the
1172	1172	provision of court reporting services, as determined by supreme
1173	1173	court rules [adopted under Section 52.0211];
1174	1174	(7) engaging the services of a reporter that the
1175	1175	shorthand reporting firm or affiliate office knew or should have
1176	1176	known was using a method for which the reporter is not certified;
1177	1177	(8) knowingly providing court reporting services
1178	1178	while the shorthand reporting firm's or affiliate office's
1179	1179	registration is suspended or engaging the services of a shorthand
1180	1180	reporter whose certification the shorthand reporting firm or
1181	1181	affiliate office knew or should have known was suspended;
1182	1182	(9) unprofessional conduct, including a pattern of
1183	1183	giving directly or indirectly or benefiting from or being employed
1184	1184	as a result of giving any gift, incentive, reward, or anything of
1185	1185	value to attorneys, clients, or their representatives or agents,
1186	1186	except for nominal items that do not exceed $100 in the aggregate
1187	1187	for each recipient each year;
1188	1188	(10) entering into or providing services under a
1189	1189	prohibited contract described by Section 154.115 [52.034];
1190	1190	(11) committing any other act that violates this
1191	1191	chapter or a rule or provision of the code of ethics adopted under
1192	1192	this subtitle [chapter]; or
1193	1193	(12) other sufficient cause.
1194	1194	(b) Nothing in Subsection (a)(9) shall be construed to
1195	1195	define providing value-added business services, including
1196	1196	long-term volume discounts, such as the pricing of products and
1197	1197	services, as prohibited gifts, incentives, or rewards.
1198	1198	(c) The commission [board] may suspend the registration of a
1199	1199	shorthand reporting firm or affiliate office:
1200	1200	(1) for a designated period of time;
1201	1201	(2) until the shorthand reporting firm or affiliate
1202	1202	office corrects the deficiencies that were the grounds for the
1203	1203	suspension; or
1204	1204	(3) until the shorthand reporting firm or affiliate
1205	1205	office complies with any conditions imposed by the commission
1206	1206	[board] to ensure the shorthand reporting firm's or affiliate
1207	1207	office's future performance.
1208	1208	(d) A shorthand reporting firm or affiliate office whose
1209	1209	registration is suspended may apply for reinstatement by presenting
1210	1210	proof that:
1211	1211	(1) the designated time has expired;
1212	1212	(2) the shorthand reporting firm or affiliate office
1213	1213	has corrected the deficiencies; or
1214	1214	(3) the shorthand reporting firm or affiliate office
1215	1215	has complied with the conditions imposed by the commission [board].
1216	1216	(e) On its own motion, the commission [board] may conduct a
1217	1217	hearing to inquire into a suspension. If the commission [board]
1218	1218	finds that a shorthand reporting firm or affiliate office has not
1219	1219	corrected the deficiencies that were the grounds for the suspension
1220	1220	or has not complied with the conditions imposed by the commission
1221	1221	[board], the commission [board] may revoke the registration of the
1222	1222	shorthand reporting firm or affiliate office.
1223	1223	(f) The commission [board] may place on probation a
1224	1224	shorthand reporting firm or affiliate office whose registration is
1225	1225	suspended. If a registration suspension is probated, the
1226	1226	commission [board] may require the firm or office to:
1227	1227	(1) report regularly to the commission [board] on
1228	1228	matters that are the basis of the probation;
1229	1229	(2) limit practice to the areas prescribed by the
1230	1230	commission [board]; or
1231	1231	(3) through its officers, directors, managerial
1232	1232	employees, or agents, continue or review professional education
1233	1233	until those persons attain a degree of skill satisfactory to the
1234	1234	commission [board] in those areas that are the basis of the
1235	1235	probation.
1236	1236	[Sec. 52.030. APPEAL OF DISCIPLINARY ACTION. An aggrieved
1237	1237	court reporter or shorthand reporting firm or affiliate office may
1238	1238	appeal a disciplinary action of the board to a district court in the
1239	1239	county of the court reporter's residence or the county in which the
1240	1240	shorthand reporting firm or affiliate office is located or in
1241	1241	Travis County. The appeal shall be by trial de novo, with or
1242	1242	without a jury. If the aggrieved person is the official or deputy
1243	1243	court reporter of the court in which the appeal will be heard or if
1244	1244	the shorthand reporting firm or affiliate office provides the
1245	1245	official or deputy court reporter of the court in which the appeal
1246	1246	will be heard, the presiding judge of the administrative judicial
1247	1247	region shall appoint the judge of another court or a retired judge
1248	1248	to hear and determine the complaint.]
1249	1249	Sec. 154.112 [52.031]. EMPLOYMENT OF NONCERTIFIED
1250	1250	SHORTHAND REPORTERS. (a) A noncertified shorthand reporter may be
1251	1251	employed until a certified shorthand reporter is available.
1252	1252	(b) A noncertified shorthand reporter may report an oral
1253	1253	deposition only if:
1254	1254	(1) the noncertified shorthand reporter delivers an
1255	1255	affidavit to the parties or to their counsel present at the
1256	1256	deposition stating that a certified shorthand reporter is not
1257	1257	available; or
1258	1258	(2) the parties or their counsel stipulate on the
1259	1259	record at the beginning of the deposition that a certified
1260	1260	shorthand reporter is not available.
1261	1261	(c) This section does not apply to a deposition taken
1262	1262	outside this state for use in this state.
1263	1263	Sec. 154.113 [52.032]. CRIMINAL PENALTY. (a) Except as
1264	1264	provided by Section 154.112 [52.031], a person commits an offense
1265	1265	if the person engages in shorthand reporting in violation of
1266	1266	Section 154.101 [52.021 of this code]. Each day of violation
1267	1267	constitutes a separate offense.
1268	1268	(b) An offense under this section is a Class A misdemeanor.
1269	1269	[Sec. 52.0321. ADMINISTRATIVE PENALTY. (a) The board may
1270	1270	assess an administrative penalty against a person who violates this
1271	1271	chapter or a rule or provision of the code of ethics adopted under
1272	1272	this chapter.
1273	1273	[(b) In determining the amount of an administrative penalty
1274	1274	assessed under this section, the board shall consider:
1275	1275	[(1) the seriousness of the violation;
1276	1276	[(2) the history of previous violations;
1277	1277	[(3) the amount necessary to deter future violations;
1278	1278	[(4) efforts made to correct the violation; and
1279	1279	[(5) any other matters that justice may require.]
1280	1280	Sec. 154.114 [52.033]. EXEMPTIONS. This chapter does not
1281	1281	apply to:
1282	1282	(1) a party to the litigation involved;
1283	1283	(2) the attorney of the party; or
1284	1284	(3) a full-time employee of a party or a party's
1285	1285	attorney.
1286	1286	Sec. 154.115 [52.034]. PROHIBITED CONTRACTS. (a) A court
1287	1287	reporter may not enter into or provide services under any
1288	1288	contractual agreement, written or oral, exclusive or nonexclusive,
1289	1289	that:
1290	1290	(1) undermines the impartiality of the court reporter;
1291	1291	(2) requires a court reporter to relinquish control of
1292	1292	an original deposition transcript and copies of the transcript
1293	1293	before it is certified and delivered to the custodial attorney;
1294	1294	(3) requires a court reporter to provide any service
1295	1295	not made available to all parties to an action; or
1296	1296	(4) gives or appears to give an exclusive advantage to
1297	1297	any party.
1298	1298	(b) This section does not apply to a contract for court
1299	1299	reporting services for a court, agency, or instrumentality of the
1300	1300	United States or this state.
1301	1301	SECTION 1.05. Chapter 111, Government Code, is transferred
1302	1302	to Subtitle K, Title 2, Government Code, as added by this Act,
1303	1303	redesignated as Chapter 155, Government Code, and amended to read
1304	1304	as follows:
1305	1305	CHAPTER 155 [111]. GUARDIANSHIP CERTIFICATION [BOARD]
1306	1306	SUBCHAPTER A. GENERAL PROVISIONS
1307	1307	Sec. 155.001 [111.001]. DEFINITIONS. In this chapter:
1308	1308	(1) "Advisory board" ["Administrative director" means
1309	1309	the administrative director of the courts as appointed by Chapter
1310	1310	72.
1311	1311	[(2) "Board"] means the Guardianship Certification
1312	1312	Advisory Board.
1313	1313	(2) [(3)] "Corporate fiduciary" has the meaning
1314	1314	assigned by Section 601, Texas Probate Code.
1315	1315	(3) [(4) "Director" means the administrative officer
1316	1316	of the board, as provided by Section 111.021.
1317	1317	[(5)] "Guardian" has the meaning assigned by Section
1318	1318	601, Texas Probate Code.
1319	1319	(4) [(6)] "Guardianship program" means a local,
1320	1320	county, or regional program that provides guardianship and related
1321	1321	services to an incapacitated person or other person who needs
1322	1322	assistance in making decisions concerning the person's own welfare
1323	1323	or financial affairs.
1324	1324	(5) [(7)] "Incapacitated person" has the meaning
1325	1325	assigned by Section 601, Texas Probate Code.
1326	1326	(6) [(8) "Office of Court Administration" means the
1327	1327	Office of Court Administration of the Texas Judicial System.
1328	1328	[(9)] "Private professional guardian" means a person,
1329	1329	other than an attorney or a corporate fiduciary, who is engaged in
1330	1330	the business of providing guardianship services.
1331	1331	(7) [(10)] "Ward" has the meaning assigned by Section
1332	1332	601, Texas Probate Code.
1333	1333	Sec. 155.002 [111.002]. RULES. The supreme court may adopt
1334	1334	rules consistent with this chapter, including rules governing the
1335	1335	certification of individuals providing guardianship services.
1336	1336	[Sec. 111.003. SUNSET PROVISION. The board is subject to
1337	1337	Chapter 325, Government Code (Texas Sunset Act). Unless continued
1338	1338	in existence as provided by that chapter, the board is abolished and
1339	1339	this chapter expires September 1, 2015.]
1340	1340	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
1341	1341	Sec. 155.051 [111.011]. ADVISORY BOARD. (a) The
1342	1342	Guardianship Certification Advisory Board is established as an
1343	1343	advisory board to the commission. The advisory board is composed of
1344	1344	at least five members appointed by the supreme court[:
1345	1345	[(1) 11 members appointed by the supreme court; and
1346	1346	[(2) four public members appointed by the supreme
1347	1347	court from a list of nominees submitted by the governor].
1348	1348	(b) [The supreme court shall appoint members under
1349	1349	Subsection (a)(1) from the different geographical areas of this
1350	1350	state.
1351	1351	[(c) In making an appointment under Subsection (a)(2), the
1352	1352	supreme court may reject one or more of the nominees on a list
1353	1353	submitted by the governor and request a new list of different
1354	1354	nominees.
1355	1355	[(d) To be eligible for appointment to the board other than
1356	1356	as a public member, an individual must have demonstrated experience
1357	1357	working with:
1358	1358	[(1) a guardianship program;
1359	1359	[(2) an organization that advocates on behalf of or in
1360	1360	the interest of elderly individuals;
1361	1361	[(3) an organization that advocates on behalf of or in
1362	1362	the interest of individuals with mental illness or mental
1363	1363	retardation or individuals with physical disabilities; or
1364	1364	[(4) incapacitated individuals.
1365	1365	[(e) The public members of the board must be:
1366	1366	[(1) caretakers of individuals with mental illness or
1367	1367	mental retardation or individuals with physical disabilities; or
1368	1368	[(2) persons who advocate on behalf of or in the
1369	1369	interest of individuals with mental illness or mental retardation
1370	1370	or individuals with physical disabilities.
1371	1371	[(f)] Appointments to the advisory board shall be made
1372	1372	without regard to the race, color, disability, sex, religion, age,
1373	1373	or national origin of the appointees.
1374	1374	(c) The supreme court shall appoint a presiding officer of
1375	1375	the advisory board from among the advisory board members to serve
1376	1376	for two years.
1377	1377	(d) A majority of the advisory board constitutes a quorum.
1378	1378	(e) Advisory board [(g) The] members [of the board] serve
1379	1379	for staggered six-year terms as ordered by the supreme court[, with
1380	1380	the terms of one-third of the members expiring on February 1 of each
1381	1381	odd-numbered year]. Advisory board [Board] members serve without
1382	1382	compensation but are entitled to reimbursement for travel expenses
1383	1383	and other actual and necessary expenses incurred in the performance
1384	1384	of official advisory board duties, as provided by the General
1385	1385	Appropriations Act.
1386	1386	[(h) The board shall elect from among its members a
1387	1387	presiding officer and other officers considered necessary.
1388	1388	[(i) The board shall meet at least quarterly at the call of
1389	1389	the presiding officer.
1390	1390	[(j) Any action taken by the board must be approved by a
1391	1391	majority vote of the members present.
1392	1392	[Sec. 111.012. ADMINISTRATIVE ATTACHMENT. (a) The board
1393	1393	is administratively attached to the Office of Court Administration.
1394	1394	[(b) Notwithstanding any other law, the Office of Court
1395	1395	Administration shall:
1396	1396	[(1) provide administrative assistance, services, and
1397	1397	materials to the board, including budget planning and purchasing;
1398	1398	[(2) accept, deposit, and disburse money made
1399	1399	available to the board;
1400	1400	[(3) pay the salaries and benefits of the director;
1401	1401	[(4) reimburse the travel expenses and other actual
1402	1402	and necessary expenses of the director incurred in the performance
1403	1403	of a function of the board, as provided by the General
1404	1404	Appropriations Act;
1405	1405	[(5) reimburse the travel expenses and other actual
1406	1406	and necessary expenses of board members incurred in the performance
1407	1407	of official board duties, as provided by the General Appropriations
1408	1408	Act; and
1409	1409	[(6) provide the board with adequate computer
1410	1410	equipment and support.
1411	1411	[Sec. 111.013. ELIGIBILITY OF PUBLIC MEMBERS. A person is
1412	1412	not eligible for appointment as a public member of the board if the
1413	1413	person or the person's spouse:
1414	1414	[(1) is certified by the board;
1415	1415	[(2) is registered, certified, or licensed by a
1416	1416	regulatory agency in the field of guardianship;
1417	1417	[(3) is employed by or participates in the management
1418	1418	of a business entity or other organization regulated by the board or
1419	1419	receiving money from the Office of Court Administration;
1420	1420	[(4) owns or controls, directly or indirectly, more
1421	1421	than a 10 percent interest in a business entity or other
1422	1422	organization regulated by the board or receiving money from the
1423	1423	Office of Court Administration; or
1424	1424	[(5) uses or receives a substantial amount of tangible
1425	1425	goods, services, or funds from the Office of Court Administration.
1426	1426	[Sec. 111.014. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.
1427	1427	(a) In this section, "Texas trade association" means a cooperative
1428	1428	and voluntarily joined statewide association of business or
1429	1429	professional competitors in this state designed to assist its
1430	1430	members and its industry or profession in dealing with mutual
1431	1431	business or professional problems and in promoting their common
1432	1432	interest.
1433	1433	[(b) A person may not be a member of the board or may not be
1434	1434	the director in a "bona fide executive, administrative, or
1435	1435	professional capacity," as that phrase is used for purposes of
1436	1436	establishing an exemption to the overtime provisions of the federal
1437	1437	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
1438	1438	if:
1439	1439	[(1) the person is an officer, employee, or paid
1440	1440	consultant of a Texas trade association in the field of
1441	1441	guardianship; or
1442	1442	[(2) the person's spouse is an officer, manager, or
1443	1443	paid consultant of a Texas trade association in the field of
1444	1444	guardianship.
1445	1445	[(c) A person may not be a member of the board if the person
1446	1446	is required to register as a lobbyist under Chapter 305 because of
1447	1447	the person's activities for compensation on behalf of a profession
1448	1448	related to the operation of the board.
1449	1449	[Sec. 111.015. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
1450	1450	ground for removal from the board that a member:
1451	1451	[(1) does not have at the time of appointment the
1452	1452	qualifications required by Section 111.011;
1453	1453	[(2) does not maintain during service on the board the
1454	1454	qualifications required by Section 111.011;
1455	1455	[(3) is ineligible for membership under Section
1456	1456	111.013 or 111.014;
1457	1457	[(4) cannot, because of illness or disability,
1458	1458	discharge the member's duties for a substantial part of the member's
1459	1459	term; or
1460	1460	[(5) is absent from more than half of the regularly
1461	1461	scheduled board meetings that the member is eligible to attend
1462	1462	during a calendar year without an excuse approved by a majority vote
1463	1463	of the board.
1464	1464	[(b) The validity of an action of the board is not affected
1465	1465	by the fact that it is taken when a ground for removal of a board
1466	1466	member exists.
1467	1467	[(c) If the director has knowledge that a potential ground
1468	1468	for removal exists, the director shall notify the presiding officer
1469	1469	of the board of the potential ground. The presiding officer shall
1470	1470	then notify the chief justice of the supreme court that a potential
1471	1471	ground for removal exists. If the potential ground for removal
1472	1472	involves the presiding officer, the director shall notify the next
1473	1473	highest ranking officer of the board, who shall then notify the
1474	1474	chief justice of the supreme court that a potential ground for
1475	1475	removal exists.
1476	1476	[Sec. 111.016. POWERS AND DUTIES OF BOARD. (a) The board
1477	1477	is charged with the executive functions necessary to carry out the
1478	1478	purposes of this chapter under rules adopted by the supreme court.
1479	1479	[(b) The board shall:
1480	1480	[(1) administer and enforce this chapter;
1481	1481	[(2) develop and recommend proposed rules and
1482	1482	procedures to the supreme court as necessary to implement this
1483	1483	chapter;
1484	1484	[(3) set the amount of each fee prescribed by Section
1485	1485	111.042, subject to the approval of the supreme court;
1486	1486	[(4) establish the qualifications for obtaining:
1487	1487	[(A) certification or recertification under
1488	1488	Section 111.042; and
1489	1489	[(B) provisional certification under Section
1490	1490	111.0421;
1491	1491	[(5) issue certificates to:
1492	1492	[(A) individuals who meet the certification
1493	1493	requirements of Section 111.042; and
1494	1494	[(B) individuals who meet the provisional
1495	1495	certification requirements of Section 111.0421; and
1496	1496	[(6) perform any other duty required by this chapter
1497	1497	or other law.
1498	1498	[(c) The board may appoint any necessary or proper
1499	1499	subcommittee.
1500	1500	[(d) The board shall maintain:
1501	1501	[(1) a complete record of each board proceeding; and
1502	1502	[(2) a complete record of each certification,
1503	1503	including a provisional certificate, issued, renewed, suspended,
1504	1504	or revoked under this chapter.]
1505	1505	Sec. 155.052 [111.017]. TRAINING. (a) A person who is
1506	1506	appointed to and qualifies for office as a member of the advisory
1507	1507	board may not vote, deliberate, or be counted as a member in
1508	1508	attendance at a meeting of the advisory board until the person
1509	1509	completes a training program that complies with this section.
1510	1510	(b) The training program must provide the person with
1511	1511	information regarding:
1512	1512	(1) this chapter;
1513	1513	(2) the role and functions of the advisory board; and
1514	1514	(3) [the current budget for the board;
1515	1515	[(4) the results of the most recent formal audit of the
1516	1516	board; and
1517	1517	[(5)] any applicable ethics policies adopted by the
1518	1518	commission [board].
1519	1519	[Sec. 111.018. USE OF TECHNOLOGY. The Office of Court
1520	1520	Administration shall research and propose appropriate
1521	1521	technological solutions to improve the board's ability to perform
1522	1522	its functions. The technological solutions must:
1523	1523	[(1) ensure that the public is able to easily find
1524	1524	information about the board on the Internet;
1525	1525	[(2) ensure that persons who want to use the board's
1526	1526	services are able to:
1527	1527	[(A) interact with the board through the
1528	1528	Internet; and
1529	1529	[(B) access any service that can be provided
1530	1530	effectively through the Internet; and
1531	1531	[(3) be cost-effective and developed through the
1532	1532	board's planning processes.
1533	1533	[Sec. 111.019. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
1534	1534	(a) The board shall develop and implement a policy to encourage
1535	1535	the use of appropriate alternative dispute resolution procedures to
1536	1536	assist in the resolution of internal and external disputes under
1537	1537	the board's jurisdiction.
1538	1538	[(b) The procedures relating to alternative dispute
1539	1539	resolution under this section must conform, to the extent possible,
1540	1540	to any model guidelines issued by the State Office of
1541	1541	Administrative Hearings for the use of alternative dispute
1542	1542	resolution by state agencies.
1543	1543	[Sec. 111.020. PUBLIC ACCESS. The board shall develop and
1544	1544	implement policies that provide the public with a reasonable
1545	1545	opportunity to appear before the board and to speak on any issue
1546	1546	under the jurisdiction of the board.
1547	1547	[Sec. 111.021. DIRECTOR. (a) The administrative director
1548	1548	shall employ a director from a list of candidates submitted by the
1549	1549	board. The administrative director may request an additional list
1550	1550	of candidates if the administrative director does not select any of
1551	1551	the initial candidates recommended by the board.
1552	1552	[(b) The list may contain the hiring preference of the
1553	1553	board.
1554	1554	[(c) The director is the administrative officer of the board
1555	1555	and is charged with carrying out the duties and functions conferred
1556	1556	on the director by the board, this subchapter, and other law.
1557	1557	[Sec. 111.022. DIVISION OF RESPONSIBILITIES. The board
1558	1558	shall develop and implement policies that clearly separate the
1559	1559	policy-making responsibilities of the board and the management
1560	1560	responsibilities of the director.
1561	1561	[Sec. 111.023. QUALIFICATIONS AND STANDARDS OF CONDUCT
1562	1562	INFORMATION. The director shall provide to members of the board, as
1563	1563	often as necessary, information regarding the requirements for
1564	1564	office under this chapter, including information regarding a
1565	1565	person's responsibilities under applicable laws relating to
1566	1566	standards of conduct for state officers.]
1567	1567	SUBCHAPTER C. REGULATION OF CERTAIN GUARDIANS
1568	1568	Sec. 155.101 [111.041]. STANDARDS FOR CERTAIN
1569	1569	GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP. (a) The
1570	1570	commission [board] shall adopt minimum standards for:
1571	1571	(1) the provision of guardianship services or other
1572	1572	similar but less restrictive types of assistance or services by:
1573	1573	(A) guardianship programs; and
1574	1574	(B) private professional guardians; and
1575	1575	(2) the provision of guardianship services by the
1576	1576	Department of Aging and Disability Services.
1577	1577	(b) The commission [board] shall design the standards to
1578	1578	protect the interests of an incapacitated person or other person
1579	1579	needing assistance making decisions concerning the person's own
1580	1580	welfare or financial affairs.
1581	1581	Sec. 155.102 [111.042]. CERTIFICATION REQUIRED FOR CERTAIN
1582	1582	GUARDIANS. (a) To provide guardianship services in this state,
1583	1583	the following individuals must hold a certificate issued under this
1584	1584	section:
1585	1585	(1) an individual who is a private professional
1586	1586	guardian;
1587	1587	(2) an individual who will provide those services to a
1588	1588	ward of a private professional guardian on the guardian's behalf;
1589	1589	and
1590	1590	(3) an individual, other than a volunteer, who will
1591	1591	provide those services or other services under Section 161.114,
1592	1592	Human Resources Code, to a ward of a guardianship program or the
1593	1593	Department of Aging and Disability Services on the program's or
1594	1594	department's behalf.
1595	1595	(b) An applicant for a certificate under this section must:
1596	1596	(1) apply to the commission [board] on a form
1597	1597	prescribed by the commission [board]; and
1598	1598	(2) submit with the application a nonrefundable
1599	1599	application fee in an amount determined by the commission [board],
1600	1600	subject to the approval of the supreme court.
1601	1601	(c) The supreme court may adopt rules and procedures for
1602	1602	issuing a certificate and for renewing, suspending, or revoking a
1603	1603	certificate issued under this section. Any rules adopted by the
1604	1604	supreme court under this section must:
1605	1605	(1) ensure compliance with the standards adopted under
1606	1606	Section 155.101 [111.041];
1607	1607	(2) provide that the commission [board] establish
1608	1608	qualifications for obtaining and maintaining certification;
1609	1609	(3) provide that the commission [board] issue
1610	1610	certificates under this section;
1611	1611	(4) provide that a certificate expires on the second
1612	1612	anniversary of the date the certificate is issued;
1613	1613	(5) prescribe procedures for accepting complaints and
1614	1614	conducting investigations of alleged violations of the minimum
1615	1615	standards adopted under Section 155.101 [111.041] or other terms of
1616	1616	the certification by certificate holders; and
1617	1617	(6) prescribe procedures by which the commission
1618	1618	[board], after notice and hearing, may suspend or revoke the
1619	1619	certificate of a holder who fails to substantially comply with
1620	1620	appropriate standards or other terms of the certification.
1621	1621	(d) If the requirements for issuing a certificate under this
1622	1622	section include passage of an examination covering guardianship
1623	1623	education requirements:
1624	1624	(1) the commission [board] shall develop and the
1625	1625	director shall administer the examination; or
1626	1626	(2) the commission [board] shall direct the director
1627	1627	to contract with another person or entity the commission [board]
1628	1628	determines has the expertise and resources to develop and
1629	1629	administer the examination.
1630	1630	(e) In lieu of the certification requirements imposed under
1631	1631	this section, the commission [board] may issue a certificate to an
1632	1632	individual to engage in business as a guardian or to provide
1633	1633	guardianship services in this state if the individual:
1634	1634	(1) submits an application to the commission [board]
1635	1635	in the form prescribed by the commission [board];
1636	1636	(2) pays a fee in a reasonable amount determined by the
1637	1637	commission [board], subject to the approval of the supreme court;
1638	1638	(3) is certified, registered, or licensed as a
1639	1639	guardian by a national organization or association the commission
1640	1640	[board] determines has requirements at least as stringent as those
1641	1641	prescribed by the commission [board] under this subchapter; and
1642	1642	(4) is in good standing with the organization or
1643	1643	association with whom the person is licensed, certified, or
1644	1644	registered.
1645	1645	(f) An employee of the Department of Aging and Disability
1646	1646	Services who is applying for a certificate under this section to
1647	1647	provide guardianship services to a ward of the department is exempt
1648	1648	from payment of an application fee required by this section.
1649	1649	(g) An application fee or other fee collected under this
1650	1650	section shall be deposited to the credit of the guardianship
1651	1651	certification account in the general revenue fund and may be
1652	1652	appropriated only to the office [Office of Court Administration]
1653	1653	for the administration and enforcement of this chapter.
1654	1654	[(h) The Texas Department of Licensing and Regulation shall
1655	1655	advise and assist the board as necessary in administering the
1656	1656	certification process established under this section.]
1657	1657	Sec. 155.103 [111.0421]. PROVISIONAL CERTIFICATE.
1658	1658	(a) Notwithstanding Section 155.102(a) [111.042(a)], the
1659	1659	commission [board] may issue a provisional certificate to an
1660	1660	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
1942	1942	chapter [subchapter] or a rule adopted under this chapter
1943	1943	[subchapter]. An offense under this subsection is a Class A
1944	1944	misdemeanor.
1945	1945	(b) A person who violates this chapter [subchapter] or a
1946	1946	rule adopted under this chapter [subchapter] is subject to an
1947	1947	administrative penalty assessed by the commission as provided by
1948	1948	Chapter 153 [Subchapter F, Chapter 51, Occupations Code].
1949	1949	[Sec. 57.051. SUNSET. The licensed court interpreter
1950	1950	advisory board is subject to Chapter 325, Government Code (Texas
1951	1951	Sunset Act). Unless continued in existence as provided by that
1952	1952	chapter, the board is abolished and this subchapter expires
1953	1953	September 1, 2017.]
1954	1954	ARTICLE 2. CONFORMING CHANGES
1955	1955	SECTION 2.01. Subsection (a-1), Article 38.30, Code of
1956	1956	Criminal Procedure, is amended to read as follows:
1957	1957	(a-1) A qualified telephone interpreter may be sworn to
1958	1958	interpret for the person in the trial of a Class C misdemeanor or a
1959	1959	proceeding before a magistrate if an interpreter is not available
1960	1960	to appear in person before the court or if the only available
1961	1961	interpreter is not considered to possess adequate interpreting
1962	1962	skills for the particular situation or is unfamiliar with the use of
1963	1963	slang. In this subsection, "qualified telephone interpreter" means
1964	1964	a telephone service that employs:
1965	1965	(1) licensed court interpreters as defined by Section
1966	1966	157.001 [57.001], Government Code; or
1967	1967	(2) federally certified court interpreters.
1968	1968	SECTION 2.02. Section 61.0513, Education Code, is amended
1969	1969	to read as follows:
1970	1970	Sec. 61.0513. COURT REPORTER PROGRAMS. The board may not
1971	1971	certify a court reporter program under Section 61.051(f) [of this
1972	1972	code] unless the program has received approval from the Judicial
1973	1973	Branch [Court Reporters] Certification Commission [Board].
1974	1974	SECTION 2.03. Subdivision (1), Subsection (b), Section
1975	1975	132.055, Education Code, is amended to read as follows:
1976	1976	(1) The programs, curriculum, and instruction are of
1977	1977	such quality, content, and length as may reasonably and adequately
1978	1978	achieve the stated objective for which the programs, curriculum, or
1979	1979	instruction is offered. Before a career school or college conducts
1980	1980	a program of instruction in court reporting, the school or college
1981	1981	must produce evidence that the school or college has obtained
1982	1982	approval for the curriculum from the Judicial Branch [Court
1983	1983	Reporters] Certification Commission [Board].
1984	1984	SECTION 2.04. Section 1002.014, Estates Code, as effective
1985	1985	January 1, 2014, is amended to read as follows:
1986	1986	Sec. 1002.014. GUARDIANSHIP CERTIFICATION PROGRAM OF THE
1987	1987	JUDICIAL BRANCH CERTIFICATION COMMISSION [BOARD]. "Guardianship
1988	1988	certification program of the Judicial Branch Certification
1989	1989	Commission" ["Guardianship Certification Board"] means the program
1990	1990	[Guardianship Certification Board] established under Chapter 155
1991	1991	[111], Government Code.
1992	1992	SECTION 2.05. Section 1002.016, Estates Code, as effective
1993	1993	January 1, 2014, is amended to read as follows:
1994	1994	Sec. 1002.016. GUARDIANSHIP PROGRAM. "Guardianship
1995	1995	program" has the meaning assigned by Section 155.001 [111.001],
1996	1996	Government Code.
1997	1997	SECTION 2.06. Section 1002.025, Estates Code, as effective
1998	1998	January 1, 2014, is amended to read as follows:
1999	1999	Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN. "Private
2000	2000	professional guardian" has the meaning assigned by Section 155.001
2001	2001	[111.001], Government Code.
2002	2002	SECTION 2.07. Subsection (b), Section 1101.001, Estates
2003	2003	Code, as effective January 1, 2014, is amended to read as follows:
2004	2004	(b) The application must be sworn to by the applicant and
2005	2005	state:
2006	2006	(1) the proposed ward's name, sex, date of birth, and
2007	2007	address;
2008	2008	(2) the name, relationship, and address of the person
2009	2009	the applicant seeks to have appointed as guardian;
2010	2010	(3) whether guardianship of the person or estate, or
2011	2011	both, is sought;
2012	2012	(4) the nature and degree of the alleged incapacity,
2013	2013	the specific areas of protection and assistance requested, and the
2014	2014	limitation or termination of rights requested to be included in the
2015	2015	court's order of appointment, including a termination of:
2016	2016	(A) the right of a proposed ward who is 18 years
2017	2017	of age or older to vote in a public election; and
2018	2018	(B) the proposed ward's eligibility to hold or
2019	2019	obtain a license to operate a motor vehicle under Chapter 521,
2020	2020	Transportation Code;
2021	2021	(5) the facts requiring the appointment of a guardian;
2022	2022	(6) the interest of the applicant in the appointment
2023	2023	of a guardian;
2024	2024	(7) the nature and description of any kind of
2025	2025	guardianship existing for the proposed ward in any other state;
2026	2026	(8) the name and address of any person or institution
2027	2027	having the care and custody of the proposed ward;
2028	2028	(9) the approximate value and description of the
2029	2029	proposed ward's property, including any compensation, pension,
2030	2030	insurance, or allowance to which the proposed ward may be entitled;
2031	2031	(10) the name and address of any person whom the
2032	2032	applicant knows to hold a power of attorney signed by the proposed
2033	2033	ward and a description of the type of power of attorney;
2034	2034	(11) for a proposed ward who is a minor, the following
2035	2035	information if known by the applicant:
2036	2036	(A) the name of each of the proposed ward's
2037	2037	parents and either the parent's address or that the parent is
2038	2038	deceased;
2039	2039	(B) the name and age of each of the proposed
2040	2040	ward's siblings, if any, and either the sibling's address or that
2041	2041	the sibling is deceased; and
2042	2042	(C) if each of the proposed ward's parents and
2043	2043	siblings are deceased, the names and addresses of the proposed
2044	2044	ward's next of kin who are adults;
2045	2045	(12) for a proposed ward who is a minor, whether the
2046	2046	minor was the subject of a legal or conservatorship proceeding in
2047	2047	the preceding two years and, if so:
2048	2048	(A) the court involved;
2049	2049	(B) the nature of the proceeding; and
2050	2050	(C) any final disposition of the proceeding;
2051	2051	(13) for a proposed ward who is an adult, the following
2052	2052	information if known by the applicant:
2053	2053	(A) the name of the proposed ward's spouse, if
2054	2054	any, and either the spouse's address or that the spouse is deceased;
2055	2055	(B) the name of each of the proposed ward's
2056	2056	parents and either the parent's address or that the parent is
2057	2057	deceased;
2058	2058	(C) the name and age of each of the proposed
2059	2059	ward's siblings, if any, and either the sibling's address or that
2060	2060	the sibling is deceased;
2061	2061	(D) the name and age of each of the proposed
2062	2062	ward's children, if any, and either the child's address or that the
2063	2063	child is deceased; and
2064	2064	(E) if there is no living spouse, parent, adult
2065	2065	sibling, or adult child of the proposed ward, the names and
2066	2066	addresses of the proposed ward's next of kin who are adults;
2067	2067	(14) facts showing that the court has venue of the
2068	2068	proceeding; and
2069	2069	(15) if applicable, that the person whom the applicant
2070	2070	seeks to have appointed as a guardian is a private professional
2071	2071	guardian who is certified under Subchapter C, Chapter 155 [111],
2072	2072	Government Code, and has complied with the requirements of
2073	2073	Subchapter G, Chapter 1104.
2074	2074	SECTION 2.08. Subsection (a), Section 1104.251, Estates
2075	2075	Code, as effective January 1, 2014, is amended to read as follows:
2076	2076	(a) An individual must be certified under Subchapter C,
2077	2077	Chapter 155 [111], Government Code, if the individual:
2078	2078	(1) is a private professional guardian;
2079	2079	(2) will represent the interests of a ward as a
2080	2080	guardian on behalf of a private professional guardian;
2081	2081	(3) is providing guardianship services to a ward of a
2082	2082	guardianship program on the program's behalf, except as provided by
2083	2083	Section 1104.254; or
2084	2084	(4) is an employee of the Department of Aging and
2085	2085	Disability Services providing guardianship services to a ward of
2086	2086	the department.
2087	2087	SECTION 2.09. Section 1104.252, Estates Code, as effective
2088	2088	January 1, 2014, is amended to read as follows:
2089	2089	Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE. For
2090	2090	purposes of this subchapter, a person who holds a provisional
2091	2091	certificate issued under Section 155.103 [111.0421], Government
2092	2092	Code, is considered to be certified.
2093	2093	SECTION 2.10. Section 1104.253, Estates Code, as effective
2094	2094	January 1, 2014, is amended to read as follows:
2095	2095	Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A
2096	2096	family member or friend of an incapacitated person is not required
2097	2097	to be certified under Subchapter C, Chapter 155 [111], Government
2098	2098	Code, or any other law to serve as the person's guardian.
2099	2099	SECTION 2.11. Section 1104.255, Estates Code, as effective
2100	2100	January 1, 2014, is amended to read as follows:
2101	2101	Sec. 1104.255. EXPIRATION OF CERTIFICATION. A person whose
2102	2102	certification under Subchapter C, Chapter 155 [111], Government
2103	2103	Code, has expired must obtain a new certification under that
2104	2104	subchapter to provide or continue providing guardianship services
2105	2105	to a ward or incapacitated person under this title.
2106	2106	SECTION 2.12. Section 1104.256, Estates Code, as effective
2107	2107	January 1, 2014, is amended to read as follows:
2108	2108	Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.
2109	2109	The court shall notify the guardianship certification program of
2110	2110	the Judicial Branch Certification Commission [Guardianship
2111	2111	Certification Board] if the court becomes aware of a person who is
2112	2112	not complying with:
2113	2113	(1) the terms of a certification issued under
2114	2114	Subchapter C, Chapter 155 [111], Government Code; or
2115	2115	(2) the standards and rules adopted under that
2116	2116	subchapter.
2117	2117	SECTION 2.13. Section 1104.257, Estates Code, as effective
2118	2118	January 1, 2014, is amended to read as follows:
2119	2119	Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED BY
2120	2120	GUARDIANSHIP PROGRAM. Not later than January 31 of each year, each
2121	2121	guardianship program operating in a county shall submit to the
2122	2122	county clerk a copy of the report submitted to the guardianship
2123	2123	certification program of the Judicial Branch Certification
2124	2124	Commission [Guardianship Certification Board] under Section
2125	2125	155.105 [111.044], Government Code.
2126	2126	SECTION 2.14. Section 1104.258, Estates Code, as effective
2127	2127	January 1, 2014, is amended to read as follows:
2128	2128	Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE
2129	2129	EMPLOYEES PROVIDING GUARDIANSHIP SERVICES. Not later than January
2130	2130	31 of each year, the Department of Aging and Disability Services
2131	2131	shall submit to the guardianship certification program of the
2132	2132	Judicial Branch Certification Commission [Guardianship
2133	2133	Certification Board] a statement containing:
2134	2134	(1) the name, address, and telephone number of each
2135	2135	department employee who is or will be providing guardianship
2136	2136	services to a ward or proposed ward on the department's behalf; and
2137	2137	(2) the name of each county in which each employee
2138	2138	named in Subdivision (1) is providing or is authorized to provide
2139	2139	those services.
2140	2140	SECTION 2.15. Subsection (a), Section 1104.303, Estates
2141	2141	Code, as effective January 1, 2014, is amended to read as follows:
2142	2142	(a) An application for a certificate of registration must
2143	2143	include a sworn statement containing the following information
2144	2144	concerning a private professional guardian or each person who
2145	2145	represents or plans to represent the interests of a ward as a
2146	2146	guardian on behalf of the private professional guardian:
2147	2147	(1) place of residence;
2148	2148	(2) business address and business telephone number;
2149	2149	(3) educational background and professional
2150	2150	experience;
2151	2151	(4) three or more professional references;
2152	2152	(5) the name of each ward for whom the private
2153	2153	professional guardian or person is or will be serving as a guardian;
2154	2154	(6) the aggregate fair market value of the property of
2155	2155	all wards that is or will be managed by the private professional
2156	2156	guardian or person;
2157	2157	(7) whether the private professional guardian or
2158	2158	person has ever been removed as a guardian by the court or resigned
2159	2159	as a guardian in a particular case, and, if so:
2160	2160	(A) a description of the circumstances causing
2161	2161	the removal or resignation; and
2162	2162	(B) the style of the suit, the docket number, and
2163	2163	the court having jurisdiction over the proceeding; and
2164	2164	(8) the certification number or provisional
2165	2165	certification number issued to the private professional guardian or
2166	2166	person by the guardianship certification program of the Judicial
2167	2167	Branch Certification Commission [Guardianship Certification
2168	2168	Board].
2169	2169	SECTION 2.16. Section 1104.306, Estates Code, as effective
2170	2170	January 1, 2014, is amended to read as follows:
2171	2171	Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES. Not
2172	2172	later than January 31 of each year, the clerk shall submit to the
2173	2173	guardianship certification program of the Judicial Branch
2174	2174	Certification Commission [Guardianship Certification Board] the
2175	2175	name and business address of each private professional guardian who
2176	2176	has satisfied the registration requirements of this subchapter
2177	2177	during the preceding year.
2178	2178	SECTION 2.17. Subsection (a), Section 1104.404, Estates
2179	2179	Code, as effective January 1, 2014, is amended to read as follows:
2180	2180	(a) The clerk described by Section 1104.402 is not required
2181	2181	to obtain criminal history record information for a person who
2182	2182	holds a certificate issued under Section 155.102 [111.042],
2183	2183	Government Code, or a provisional certificate issued under Section
2184	2184	155.103 [111.0421], Government Code, if the guardianship
2185	2185	certification program of the Judicial Branch Certification
2186	2186	Commission [Guardianship Certification Board] conducted a criminal
2187	2187	history check on the person before issuing or renewing the
2188	2188	certificate.
2189	2189	SECTION 2.18. Section 1104.407, Estates Code, as effective
2190	2190	January 1, 2014, is amended to read as follows:
2191	2191	Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST. The
2192	2192	department shall provide the information obtained under Section
2193	2193	1104.406(a) [1102.406(a)] to:
2194	2194	(1) the clerk of the county having venue of the
2195	2195	guardianship proceeding at the court's request; and
2196	2196	(2) the guardianship certification program of the
2197	2197	Judicial Branch Certification Commission [Guardianship
2198	2198	Certification Board] at the commission's [board's] request.
2199	2199	SECTION 2.19. Section 1104.408, Estates Code, as effective
2200	2200	January 1, 2014, is amended to read as follows:
2201	2201	Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR
2202	2202	GUARDIANSHIP CERTIFICATION PROGRAM OF JUDICIAL BRANCH
2203	2203	CERTIFICATION COMMISSION [BOARD]. (a) Criminal history record
2204	2204	information obtained under Section 1104.407 is privileged and
2205	2205	confidential and is for the exclusive use of the court or
2206	2206	guardianship certification program of the Judicial Branch
2207	2207	Certification Commission [Guardianship Certification Board], as
2208	2208	appropriate. The information may not be released or otherwise
2209	2209	disclosed to any person or agency except:
2210	2210	(1) on court order;
2211	2211	(2) with the consent of the person being investigated;
2212	2212	or
2213	2213	(3) as authorized by Section 1104.404 of this code or
2214	2214	Section 411.1386(a-6), Government Code.
2215	2215	(b) The county clerk or guardianship certification program
2216	2216	of the Judicial Branch Certification Commission [Guardianship
2217	2217	Certification Board] may destroy the criminal history record
2218	2218	information after the information is used for the purposes
2219	2219	authorized by this subchapter.
2220	2220	SECTION 2.20. Section 1104.410, Estates Code, as effective
2221	2221	January 1, 2014, is amended to read as follows:
2222	2222	Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP
2223	2223	CERTIFICATION PROGRAM OF JUDICIAL BRANCH CERTIFICATION COMMISSION
2224	2224	[BOARD]. Criminal history record information obtained by the
2225	2225	guardianship certification program of the Judicial Branch
2226	2226	Certification Commission [Guardianship Certification Board] under
2227	2227	Section 1104.407(2) may be used for any purpose related to the
2228	2228	issuance, denial, renewal, suspension, or revocation of a
2229	2229	certificate issued by the commission [board].
2230	2230	SECTION 2.21. Subsection (b), Section 1203.052, Estates
2231	2231	Code, as effective January 1, 2014, is amended to read as follows:
2232	2232	(b) In addition to the authority granted to the court under
2233	2233	Subsection (a), the court may, on the complaint of the guardianship
2234	2234	certification program of the Judicial Branch Certification
2235	2235	Commission [Guardianship Certification Board], remove a guardian
2236	2236	who would be ineligible for appointment under Subchapter H, Chapter
2237	2237	1104, because of the guardian's failure to maintain the
2238	2238	certification required under Subchapter F, Chapter 1104. The
2239	2239	guardian shall be cited to appear and contest the request for
2240	2240	removal under this subsection in the manner provided by Subsection
2241	2241	(a).
2242	2242	SECTION 2.22. Subsection (b), Section 1251.003, Estates
2243	2243	Code, as effective January 1, 2014, is amended to read as follows:
2244	2244	(b) The application must state:
2245	2245	(1) the name and address of the person who is the
2246	2246	subject of the guardianship proceeding;
2247	2247	(2) the danger to the person or property alleged to be
2248	2248	imminent;
2249	2249	(3) the type of appointment and the particular
2250	2250	protection and assistance being requested;
2251	2251	(4) the facts and reasons supporting the allegations
2252	2252	and requests;
2253	2253	(5) the proposed temporary guardian's name, address,
2254	2254	and qualification;
2255	2255	(6) the applicant's name, address, and interest; and
2256	2256	(7) if applicable, that the proposed temporary
2257	2257	guardian is a private professional guardian who is certified under
2258	2258	Subchapter C, Chapter 155 [111], Government Code, and has complied
2259	2259	with the requirements of Subchapter G, Chapter 1104.
2260	2260	SECTION 2.23. Subsection (i), Section 411.081, Government
2261	2261	Code, is amended to read as follows:
2262	2262	(i) A criminal justice agency may disclose criminal history
2263	2263	record information that is the subject of an order of nondisclosure
2264	2264	under Subsection (d) to the following noncriminal justice agencies
2265	2265	or entities only:
2266	2266	(1) the State Board for Educator Certification;
2267	2267	(2) a school district, charter school, private school,
2268	2268	regional education service center, commercial transportation
2269	2269	company, or education shared service arrangement;
2270	2270	(3) the Texas Medical Board;
2271	2271	(4) the Texas School for the Blind and Visually
2272	2272	Impaired;
2273	2273	(5) the Board of Law Examiners;
2274	2274	(6) the State Bar of Texas;
2275	2275	(7) a district court regarding a petition for name
2276	2276	change under Subchapter B, Chapter 45, Family Code;
2277	2277	(8) the Texas School for the Deaf;
2278	2278	(9) the Department of Family and Protective Services;
2279	2279	(10) the Texas Juvenile Justice Department [Youth
2280	2280	Commission];
2281	2281	(11) the Department of Assistive and Rehabilitative
2282	2282	Services;
2283	2283	(12) the Department of State Health Services, a local
2284	2284	mental health service, a local mental retardation authority, or a
2285	2285	community center providing services to persons with mental illness
2286	2286	or retardation;
2287	2287	(13) the Texas Private Security Board;
2288	2288	(14) a municipal or volunteer fire department;
2289	2289	(15) the Texas Board of Nursing;
2290	2290	(16) a safe house providing shelter to children in
2291	2291	harmful situations;
2292	2292	(17) a public or nonprofit hospital or hospital
2293	2293	district;
2294	2294	(18) [the Texas Juvenile Probation Commission;
2295	2295	[(19)] the securities commissioner, the banking
2296	2296	commissioner, the savings and mortgage lending commissioner, the
2297	2297	consumer credit commissioner, or the credit union commissioner;
2298	2298	(19) [(20)] the Texas State Board of Public
2299	2299	Accountancy;
2300	2300	(20) [(21)] the Texas Department of Licensing and
2301	2301	Regulation;
2302	2302	(21) [(22)] the Health and Human Services Commission;
2303	2303	(22) [(23)] the Department of Aging and Disability
2304	2304	Services;
2305	2305	(23) [(24)] the Texas Education Agency;
2306	2306	(24) the Judicial Branch Certification Commission
2307	2307	[(25) the Guardianship Certification Board];
2308	2308	(25) [(26)] a county clerk's office in relation to a
2309	2309	proceeding for the appointment of a guardian under Chapter XIII,
2310	2310	Texas Probate Code;
2311	2311	(26) [(27)] the Department of Information Resources
2312	2312	but only regarding an employee, applicant for employment,
2313	2313	contractor, subcontractor, intern, or volunteer who provides
2314	2314	network security services under Chapter 2059 to:
2315	2315	(A) the Department of Information Resources; or
2316	2316	(B) a contractor or subcontractor of the
2317	2317	Department of Information Resources;
2318	2318	(27) [(28) the Court Reporters Certification Board;
2319	2319	[(29)] the Texas Department of Insurance; and
2320	2320	(28) [(30)] the Teacher Retirement System of Texas.
2321	2321	SECTION 2.24. Subsections (a-4), (a-6), (d), and (f),
2322	2322	Section 411.1386, Government Code, are amended to read as follows:
2323	2323	(a-4) The Department of Aging and Disability Services shall
2324	2324	provide the information obtained under Subsection (a-1) to:
2325	2325	(1) the clerk of the county having venue over the
2326	2326	guardianship proceeding at the request of the court; and
2327	2327	(2) the guardianship certification program of the
2328	2328	Judicial Branch Certification Commission [Guardianship
2329	2329	Certification Board] at the request of the commission [board].
2330	2330	(a-6) The clerk described by Subsection (a) is not required
2331	2331	to obtain criminal history record information for a person who
2332	2332	holds a certificate issued under Section 155.102 [111.042] or a
2333	2333	provisional certificate issued under Section 155.103 [111.0421] if
2334	2334	the guardianship certification program of the Judicial Branch
2335	2335	Certification Commission [Guardianship Certification Board]
2336	2336	conducted a criminal history check on the person before issuing or
2337	2337	renewing the certificate. The commission [board] shall provide to
2338	2338	the clerk at the court's request the criminal history record
2339	2339	information that was obtained from the department or the Federal
2340	2340	Bureau of Investigation.
2341	2341	(d) The criminal history record information obtained under
2342	2342	Subsection (a-4) is for the exclusive use of the court or
2343	2343	guardianship certification program of the Judicial Branch
2344	2344	Certification Commission [Guardianship Certification Board], as
2345	2345	appropriate, and is privileged and confidential. The information
2346	2346	may not be released or otherwise disclosed to any person or agency
2347	2347	except on court order, with the consent of the person being
2348	2348	investigated, or as authorized by Subsection (a-6) or Section
2349	2349	698(a-6), Texas Probate Code. The county clerk or guardianship
2350	2350	certification program of the Judicial Branch Certification
2351	2351	Commission [Guardianship Certification Board] may destroy the
2352	2352	criminal history record information after the information is used
2353	2353	for the purposes authorized by this section.
2354	2354	(f) Criminal history record information obtained by the
2355	2355	guardianship certification program of the Judicial Branch
2356	2356	Certification Commission [Guardianship Certification Board] under
2357	2357	Subsection (a-4)(2) may be used for any purpose related to the
2358	2358	issuance, denial, renewal, suspension, or revocation of a
2359	2359	certificate issued by the commission [board].
2360	2360	SECTION 2.25. Section 411.1408, Government Code, is amended
2361	2361	to read as follows:
2362	2362	Sec. 411.1408. ACCESS TO CRIMINAL HISTORY RECORD
2363	2363	INFORMATION: JUDICIAL BRANCH CERTIFICATION COMMISSION
2364	2364	[GUARDIANSHIP CERTIFICATION BOARD]. (a) In this section,
2365	2365	"commission" ["board"] means the Judicial Branch Certification
2366	2366	Commission [Guardianship Certification Board] established under
2367	2367	Chapter 152 [111].
2368	2368	(b) The commission [board] is entitled to obtain from the
2369	2369	department criminal history record information maintained by the
2370	2370	department that relates to a person who is an applicant for or the
2371	2371	holder of a certificate, registration, or license issued by the
2372	2372	commission or otherwise under Subtitle K, Title 2 [board].
2373	2373	(c) Criminal history record information obtained by the
2374	2374	commission [board] under Subsection (b):
2375	2375	(1) may be used by the commission [board] for any
2376	2376	purpose related to the issuance, denial, suspension, revocation, or
2377	2377	renewal of a certificate, registration, or license issued by the
2378	2378	commission or otherwise under Subtitle K, Title 2 [board];
2379	2379	(2) may not be released or disclosed to any person
2380	2380	except:
2381	2381	(A) on court order;
2382	2382	(B) with the consent of the person who is the
2383	2383	subject of the information; or
2384	2384	(C) as authorized by Section 411.1386(a-6) of
2385	2385	this code or Section 698(a-6), Texas Probate Code, if applicable;
2386	2386	and
2387	2387	(3) shall be destroyed by the commission [board] after
2388	2388	the information is used for the authorized purposes.
2389	2389	SECTION 2.26. Subsection (a), Section 2054.352, Government
2390	2390	Code, is amended to read as follows:
2391	2391	(a) The following licensing entities shall participate in
2392	2392	the system established under Section 2054.353:
2393	2393	(1) Texas Board of Chiropractic Examiners;
2394	2394	(2) Judicial Branch [Court Reporters] Certification
2395	2395	Commission [Board];
2396	2396	(3) State Board of Dental Examiners;
2397	2397	(4) Texas Funeral Service Commission;
2398	2398	(5) Texas Board of Professional Land Surveying;
2399	2399	(6) Texas Medical Board;
2400	2400	(7) Texas Board of Nursing;
2401	2401	(8) Texas Optometry Board;
2402	2402	(9) Department of Agriculture, for licenses issued
2403	2403	under Chapter 1951, Occupations Code;
2404	2404	(10) Texas State Board of Pharmacy;
2405	2405	(11) Executive Council of Physical Therapy and
2406	2406	Occupational Therapy Examiners;
2407	2407	(12) Texas State Board of Plumbing Examiners;
2408	2408	(13) Texas State Board of Podiatric Medical Examiners;
2409	2409	(14) Texas State Board of Examiners of Psychologists;
2410	2410	(15) State Board of Veterinary Medical Examiners;
2411	2411	(16) Texas Real Estate Commission;
2412	2412	(17) Texas Appraiser Licensing and Certification
2413	2413	Board;
2414	2414	(18) Texas Department of Licensing and Regulation;
2415	2415	(19) Texas State Board of Public Accountancy;
2416	2416	(20) State Board for Educator Certification;
2417	2417	(21) Texas Board of Professional Engineers;
2418	2418	(22) Department of State Health Services;
2419	2419	(23) Texas Board of Architectural Examiners;
2420	2420	(24) Texas Racing Commission;
2421	2421	(25) Commission on Law Enforcement Officer Standards
2422	2422	and Education; and
2423	2423	(26) Texas Private Security Board.
2424	2424	SECTION 2.27. Subsection (c), Section 161.114, Human
2425	2425	Resources Code, is amended to read as follows:
2426	2426	(c) A volunteer may provide life enrichment activities,
2427	2427	companionship, transportation services, and other services to or
2428	2428	for the ward in a guardianship, except the volunteer may not provide
2429	2429	services that would require the volunteer to be certified under
2430	2430	Section 155.102 [111.042], Government Code.
2431	2431	SECTION 2.28. Subsection (a), Section 151.353, Tax Code, is
2432	2432	amended to read as follows:
2433	2433	(a) Court reporting services relating to the preparation of
2434	2434	a document or other record in a civil or criminal suit by a notary
2435	2435	public or a court reporter licensed by the Judicial Branch [State of
2436	2436	Texas Court Reporters] Certification Commission [Board] are
2437	2437	exempted from the taxes imposed by this chapter if the document is:
2438	2438	(1) prepared for the use of a person participating in a
2439	2439	suit or the court in which a suit or administrative proceeding is
2440	2440	brought; and
2441	2441	(2) sold to a person participating in the suit.
2442	2442	ARTICLE 3. REPEALER, TRANSITION, AND EFFECTIVE DATE
2443	2443	SECTION 3.01. The following provisions of the Government
2444	2444	Code are repealed:
2445	2445	(1) Subdivisions (1), (2), (2-a), and (7), Subsection
2446	2446	(a), Section 52.001;
2447	2447	(2) Sections 52.002, 52.003, 52.0112, 52.012,
2448	2448	52.0121, 52.013, 52.0131, 52.014, 52.015, 52.016, 52.0165, 52.017,
2449	2449	52.0175, 52.018, and 52.0185;
2450	2450	(3) the heading to Subchapter B, Chapter 52;
2451	2451	(4) Subdivision (5), Section 57.001;
2452	2452	(5) Section 72.013;
2453	2453	(6) Subchapter F, Chapter 72; and
2454	2454	(7) Section 411.1403.
2455	2455	SECTION 3.02. (a) In appointing the initial members of the
2456	2456	Judicial Branch Certification Commission created under Chapter
2457	2457	152, Government Code, as added by this Act, the Supreme Court of
2458	2458	Texas shall appoint three members to terms expiring February 1,
2459	2459	2017, three members to terms expiring February 1, 2019, and three
2460	2460	members to terms expiring February 1, 2021.
2461	2461	(b) The Supreme Court of Texas shall adopt rules,
2462	2462	procedures, and forms the supreme court determines are necessary to
2463	2463	implement Subtitle K, Title 2, Government Code, as added by this
2464	2464	Act, not later than September 1, 2014.
2465	2465	(c) On September 1, 2014:
2466	2466	(1) the Judicial Branch Certification Commission is
2467	2467	created;
2468	2468	(2) the Court Reporters Certification Board,
2469	2469	Guardianship Certification Board, and process server review board
2470	2470	are abolished;
2471	2471	(3) the powers, duties, functions, programs, and
2472	2472	activities of the Court Reporters Certification Board,
2473	2473	Guardianship Certification Board, and process server review board
2474	2474	and of the Texas Commission of Licensing and Regulation and the
2475	2475	Texas Department of Licensing and Regulation related to licensed
2476	2476	court interpreters are transferred to the Judicial Branch
2477	2477	Certification Commission;
2478	2478	(4) an employee of the Court Reporters Certification
2479	2479	Board, Guardianship Certification Board, or process server review
2480	2480	board becomes an employee of the Office of Court Administration of
2481	2481	the Texas Judicial System;
2482	2482	(5) all obligations and contracts of the Court
2483	2483	Reporters Certification Board, Guardianship Certification Board,
2484	2484	and process server review board and of the Texas Commission of
2485	2485	Licensing and Regulation and the Texas Department of Licensing and
2486	2486	Regulation related to licensed court interpreters are transferred
2487	2487	to the Office of Court Administration of the Texas Judicial System;
2488	2488	(6) all property and records in the custody of the
2489	2489	Court Reporters Certification Board, Guardianship Certification
2490	2490	Board, and process server review board and of the Texas Commission
2491	2491	of Licensing and Regulation and the Texas Department of Licensing
2492	2492	and Regulation related to licensed court interpreters shall be
2493	2493	transferred to the Office of Court Administration of the Texas
2494	2494	Judicial System;
2495	2495	(7) all complaints, investigations, or contested
2496	2496	cases that are pending before the Court Reporters Certification
2497	2497	Board, Guardianship Certification Board, and process server review
2498	2498	board and of the Texas Commission of Licensing and Regulation and
2499	2499	the Texas Department of Licensing and Regulation related to
2500	2500	licensed court interpreters are transferred without change in
2501	2501	status to the Judicial Branch Certification Commission;
2502	2502	(8) a rule, form, or fee adopted by the Supreme Court
2503	2503	of Texas or the Texas Commission of Licensing and Regulation
2504	2504	related to a profession regulated under Subtitle K, Title 2,
2505	2505	Government Code, as added by this Act, remains in effect until
2506	2506	altered by the supreme court;
2507	2507	(9) except as otherwise provided by this Act, a
2508	2508	reference in law to the Court Reporters Certification Board,
2509	2509	Guardianship Certification Board, or process server review board
2510	2510	means the Judicial Branch Certification Commission; and
2511	2511	(10) a license, certification, or registration in
2512	2512	effect that was issued by the Court Reporters Certification Board,
2513	2513	Guardianship Certification Board, process server review board, or
2514	2514	Texas Department of Licensing and Regulation related to professions
2515	2515	regulated under Subtitle K, Title 2, Government Code, as added by
2516	2516	this Act, is continued in effect as a license, certification, or
2517	2517	registration of the Judicial Branch Certification Commission.
2518	2518	(d) The abolition of the Court Reporters Certification
2519	2519	Board, Guardianship Certification Board, and process server review
2520	2520	board and the transfer of powers, duties, functions, programs,
2521	2521	activities, obligations, rights, contracts, records, property,
2522	2522	funds, and employees as provided by this Act do not affect or impair
2523	2523	an act done, any obligation, right, order, permit, certificate,
2524	2524	rule, criterion, standard, or requirement existing, or any penalty
2525	2525	accrued under former law, and that law remains in effect for any
2526	2526	action concerning those matters.
2527	2527	(e) Subsections (a) and (b) of this section take effect
2528	2528	September 1, 2013.
2529	2529	SECTION 3.03. Except as otherwise provided by this Act,
2530	2530	this Act takes effect September 1, 2014.