Texas 2017 - 85th Regular

Texas Senate Bill SB43 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini S.B. No. 43
2		-	(Murr)
	1	+	S.B. No. 43
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the Judicial Branch Certification Commission;
8	6		authorizing fees; providing penalties.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 57.002(b-1), Government Code, is amended
11	9		to read as follows:
12	10		(b-1) A licensed court interpreter appointed by a court
13	11		under Subsection (a) or (b) must hold a license that includes the
14	12		appropriate designation under Section 157.101(d) [57.043(d)] that
15	13		indicates the interpreter is permitted to interpret in that court.
16	14		SECTION 2. Section 151.001(7), Government Code, is amended
17	15		to read as follows:
18	16		(7) "Regulated person" means a person, firm, or other
19	17		business entity, who holds a certification, registration, or
20	18		license issued by the commission.
21	19		SECTION 3. Sections 152.053(b), (c), and (d), Government
22	20		Code, are amended to read as follows:
23	21		(b) A person is not eligible for appointment as a member of
24	22		the commission, or as a member of an advisory board or committee
25	23		that serves the commission, if the person or the person's spouse:
26	24		(1) is employed by or participates in the management
27	25		of a business entity or other organization receiving funds from the
28	26		commission;
29	27		(2) owns or controls, directly or indirectly, more
30	28		than a 10 percent interest in a business entity or other
31	29		organization receiving funds from the commission; or
32	30		(3) uses or receives a substantial amount of tangible
33	31		goods, services, or funds from the commission, other than
34	32		compensation or reimbursement authorized by law for commission
35	33		membership, attendance, or expenses.
36	34		(c) A person may not serve as a member of the commission, or
37	35		as a member of an advisory board or committee that serves the
38	36		commission, or act as the general counsel to the commission if the
39	37		person is required to register as a lobbyist under Chapter 305
40	38		because of the person's activities for compensation on behalf of a
41	39		profession related to the operation of the commission.
42	40		(d) A person may not be a member of the commission, a member
43	41		of an advisory board or committee that serves the commission, or
44	42		[and may not be] a commission employee employed in a "bona fide
45	43		executive, administrative, or professional capacity," as that
46	44		phrase is used for purposes of establishing an exemption to the
47	45		overtime provisions of the federal Fair Labor Standards Act of 1938
48	46		(29 U.S.C. Section 201 et seq.), if:
49	47		(1) the person is an officer, employee, or paid
50	48		consultant of a Texas trade association in the legal profession; or
51	49		(2) the person's spouse is an officer, manager, or paid
52	50		consultant of a Texas trade association in the legal profession.
53	51		SECTION 4. Section 152.056, Government Code, is amended to
54	52		read as follows:
55	53		Sec. 152.056. PRESIDING OFFICER. The supreme court shall
56	54		designate a member of the commission as presiding officer of the
57	55		commission to serve in that capacity at the pleasure of the supreme
58	56		court. The presiding officer may designate a member of the
59	57		commission to preside over a meeting of the commission in the
60	58		absence of the presiding officer.
61	59		SECTION 5. The heading to Section 152.109, Government Code,
62	60		is amended to read as follows:
63	61		Sec. 152.109. NOTICE OF COMPLAINT PROCESS [COMPLAINTS].
64	62		SECTION 6. Sections 152.111(a) and (c), Government Code,
65	63		are amended to read as follows:
66	64		(a) The commission may adopt a policy allowing office
67	65		employees to dismiss a complaint [complaints] that:
68	66		(1) clearly does [do] not allege misconduct; [or]
69	67		(2) is [are] not within the commission's jurisdiction;
70	68		or
71	69		(3) alleges misconduct that took place more than five
72	70		years before the date the complaint was filed.
73	71		(c) A person who files a complaint that is dismissed under
74	72		this section may, not later than the 30th day after the date of
75	73		notice of the dismissal, request in writing that the commission
76	74		reconsider the complaint.
77	75		SECTION 7. Section 152.201, Government Code, is amended by
78	76		adding Subsection (c-1) and amending Subsection (d) to read as
79	77		follows:
80	78		(c-1) A passing score on an applicable examination is valid
81	79		for purposes of certification, registration, or licensing for a
82	80		period of two years after the date of the examination. A person who
83	81		does not apply to become certified, licensed, or registered before
84	82		the expiration of the two-year period must repeat and pass the
85	83		examination.
86	84		(d) If requested in writing by a person who fails an
87	85		examination, the commission shall furnish the person with an
88	86		analysis of the person's performance on the examination. A person
89	87		may not view a copy of the examination.
90	88		SECTION 8. Subchapter E, Chapter 152, Government Code, is
91	89		amended by adding Section 152.2015 to read as follows:
92	90		Sec. 152.2015. CERTIFICATION, REGISTRATION, AND LICENSING
93	91		FEE AND RENEWAL. (a) A person, firm, or business entity must pay
94	92		the commission an initial fee and any other required fee to receive
95	93		a certification, registration, or license from the commission.
96	94		(b) A regulated person who is otherwise eligible to renew a
97	95		certification, registration, or license may renew an unexpired
98	96		certification, registration, or license by paying the required
99	97		renewal fee to the commission before the expiration date. A
100	98		regulated person whose certification, registration, or license has
101	99		expired may not engage in any applicable regulated activity until
102	100		the certification, registration, or license has been renewed.
103	101		(c) A regulated person whose certification, registration,
104	102		or license has been expired for 90 days or fewer may renew the
105	103		certification, registration, or license by paying to the commission
106	104		a renewal fee that is equal to one and one-half times the normally
107	105		required renewal fee.
108	106		(d) A regulated person whose certification, registration,
109	107		or license has been expired for more than 90 days but less than one
110	108		year may renew the certification, registration, or license by
111	109		paying to the commission a renewal fee that is equal to twice the
112	110		normally required renewal fee.
113	111		(e) Except as provided by Subsection (f), a person, firm, or
114	112		business entity may not renew an expired certification,
115	113		registration, or license one year or more after expiration. The
116	114		person, firm, or business entity may obtain a new certification,
117	115		registration, or license by complying with the requirements and
118	116		procedures, including the examination requirements, for obtaining
119	117		an original certification, registration, or license.
120	118		(f) A person may, without examination, renew a
121	119		certification, registration, or license which has been expired for
122	120		one year or longer, if:
123	121		(1) before applying for renewal, the person had moved
124	122		to another state or jurisdiction;
125	123		(2) at the time of applying for renewal, the person is
126	124		certified, registered, or licensed in good standing in the other
127	125		state or jurisdiction to practice the profession for which the
128	126		expired certification, registration, or license is required;
129	127		(3) the person has been in practice in that profession
130	128		in that state for one year or more preceding the date the person
131	129		applies for renewal; and
132	130		(4) the person pays to the commission a fee that is
133	131		equal to twice the normally required renewal fee for the
134	132		certification, registration, or license.
135	133		(g) Not later than the 30th day before the date a regulated
136	134		person's certification, registration, or license is scheduled to
137	135		expire, the commission shall send written notice of the impending
138	136		expiration to the regulated person at the person's last known
139	137		address according to the records of the commission.
140	138		SECTION 9. Section 152.205(c), Government Code, is amended
141	139		to read as follows:
142	140		(c) After publishing the code of ethics, the commission
143	141		shall propose to the supreme court a rule stating that a person who
144	142		violates the code of ethics is subject to commission enforcement
145	143		[an administrative penalty assessed] under Chapter 153.
146	144		SECTION 10. Subchapter A, Chapter 153, Government Code, is
147	145		amended by adding Section 153.0001 to read as follows:
148	146		Sec. 153.0001. FILING COMPLAINT. (a) To file a complaint
149	147		with the commission against a regulated person or another person
150	148		alleged to have unlawfully engaged in conduct regulated under this
151	149		subchapter, a person must:
152	150		(1) have personal knowledge of the alleged violation;
153	151		(2) complete a complaint form provided by the
154	152		commission;
155	153		(3) sign the completed complaint form; and
156	154		(4) attach any pertinent documentary evidence to the
157	155		complaint form.
158	156		(b) On receipt of a properly executed complaint, the
159	157		commission shall furnish a copy of the complaint and any
160	158		attachments to the person who is the subject of the complaint.
161	159		(c) This section does not preclude the commission, an
162	160		advisory board of the commission, or a court of this state from
163	161		filing a complaint.
164	162		SECTION 11. Section 153.003, Government Code, is amended to
165	163		read as follows:
166	164		Sec. 153.003. CEASE AND DESIST ORDER. (a) The director
167	165		may issue a temporary cease and desist order for the duration of an
168	166		investigation and disciplinary action by the commission if the
169	167		director determines that the action is necessary to prevent a
170	168		violation of:
171	169		(1) this subtitle;
172	170		(2) a law establishing a regulatory program
173	171		administered by the commission; or
174	172		(3) a rule adopted under this subtitle or order issued
175	173		by the commission or the director.
176	174		(b) A cease and desist order may require a person to cease
177	175		and desist from committing a violation listed under Subsection (a)
178	176		or from engaging in any practice regulated by the commission as
179	177		necessary to prevent the violation.
180	178		(c) A person to whom a cease and desist order is issued may
181	179		file a written request for a hearing before the commission. The
182	180		person must file the hearing request not later than the 10th day
183	181		after the date of receipt of the order. The commission must conduct
184	182		the hearing not later than the 30th day after the date of the
185	183		hearing request.
186	184		SECTION 12. Section 153.004, Government Code, is amended by
187	185		adding Subsection (c) to read as follows:
188	186		(c) On the commission's motion, or on the recommendation of
189	187		commission staff, the commission may conduct a hearing to inquire
190	188		into a suspension. If the commission determines that a person has
191	189		not corrected the deficiencies that were the grounds of the
192	190		suspension or has not complied with the conditions imposed by the
193	191		commission, the commission may revoke or take other disciplinary
194	192		action against the person's certification, registration, or
195	193		license.
196	194		SECTION 13. Sections 153.051, 153.053, and 153.054,
197	195		Government Code, are amended to read as follows:
198	196		Sec. 153.051. IMPOSITION OF PENALTY. (a) The commission
199	197		may impose an administrative penalty on a person [regulated under
200	198		this subtitle] who violates:
201	199		(1) this subtitle;
202	200		(2) a statute establishing a regulatory program
203	201		administered by the commission;
204	202		(3) [or] a rule or standard adopted under this
205	203		subtitle; or
206	204		(4) an order issued by the commission or director
207	205		under this subtitle.
208	206		(b) A proceeding under this subchapter imposing an
209	207		administrative penalty may be combined with a proceeding to impose
210	208		an administrative sanction otherwise imposed under this subtitle.
211	209		[If an administrative sanction is imposed in a proceeding under
212	210		this subchapter, the requirements of this subchapter apply to the
213	211		imposition of the sanction.]
214	212		Sec. 153.053. REPORT AND NOTICE OF VIOLATION, PENALTY, AND
215	213		SANCTION. (a) The commission shall[:
216	214		[(1)] appoint a committee of advisory board members to
217	215		review a complaint, make the initial written determination on
218	216		whether a violation occurred, and impose [recommend the imposition
219	217		of] a penalty, a sanction, or both for violations. The committee
220	218		shall state the committee's written determination as proposed
221	219		findings of fact and conclusions of law, separately stated.
222	220		(b) The committee shall[;
223	221		[(2) review the determination and recommendation of
224	222		the committee and accept or revise as necessary the determination
225	223		and recommendation; and
226	224		[(3)] give to the person who is the subject of the
227	225		complaint reviewed under Subsection (a) written notice by certified
228	226		mail of the committee's [commission's] determination on whether a
229	227		violation occurred and each [recommended] penalty or sanction, if
230	228		any.
231	229		(c) [(b)] The notice required under Subsection (b) [(a)]
232	230		must:
233	231		(1) include a brief summary of the alleged violation;
234	232		(2) state the amount of any [recommended] penalty;
235	233		(3) state any [recommended] sanction; and
236	234		(4) inform the person of the person's right to a
237	235		hearing on the occurrence of the violation, the amount of the
238	236		penalty, the imposition of the sanction, or any combination.
239	237		Sec. 153.054. PENALTY PAID, SANCTION ACCEPTED, OR HEARING
240	238		REQUESTED. (a) Not later than the 20th day after the date the
241	239		person receives the notice sent under Section 153.053, the person
242	240		in writing may:
243	241		(1) accept the determination of the committee
244	242		appointed under Section 153.053 [commission] and the imposition of
245	243		the [recommended] penalty or sanction as an agreed order to be
246	244		presented to the commission; or
247	245		(2) [make a] request [for] a hearing before the
248	246		commission on the occurrence of the violation, the imposition or
249	247		amount of the penalty, the imposition of the sanction, or any
250	248		combination.
251	249		(b) If the person accepts the determination and
252	250		[recommended] penalty or sanction as an agreed order [or if the
253	251		person fails to respond to the notice], the commission [by order]
254	252		shall review the proposed agreed order and accept, revise, or
255	253		reject it or remand the matter to the committee for further review.
256	254		The commission shall give to the person written notice of the
257	255		commission's determination under this subsection. If the
258	256		commission revises or rejects the proposed agreed order, the person
259	257		may:
260	258		(1) accept the commission's determination, penalty, or
261	259		sanction; or
262	260		(2) request a hearing not later than the 20th day after
263	261		the date of receiving notice of the commission's determination.
264	262		(c) If the person fails to respond to the notice sent under
265	263		Section 153.053, the commission may issue a default order to
266	264		approve the determination of the committee and impose or revise the
267	265		committee's proposed penalty, sanction, or both [approve the
268	266		determination and impose the recommended penalty or sanction].
269	267		SECTION 14. Sections 153.055(c), (d), (e), and (g),
270	268		Government Code, are amended to read as follows:
271	269		(c) The commission shall adopt, revise, or reject the
272	270		committee's [make] findings of fact and conclusions of law and
273	271		promptly issue an order on the occurrence of the violation, the
274	272		amount of any penalty imposed, and the imposition of any sanction.
275	273		The commission shall give the person notice of the order.
276	274		(d) On approval of the supreme court, the commission may
277	275		adopt rules governing the hearing, including rules on appearance by
278	276		telephone. To the extent not inconsistent with this subchapter or
279	277		commission rules, the Texas Rules of Civil Procedure, including
280	278		discovery rules, apply to the hearing, except that the commission
281	279		may deviate from those rules as necessary for a full and fair
282	280		adjudication and determination of fact or law.
283	281		(e) The presiding officer of the commission may hold
284	282		prehearing conferences. The presiding officer may issue orders,
285	283		including scheduling orders, and may designate the discovery
286	284		control plan or otherwise limit or modify discovery before a
287	285		hearing.
288	286		(g) On request of the commission, at least one member of the
289	287		applicable advisory board committee shall attend the hearing to
290	288		consult with the commission on the reasons for the advisory board
291	289		committee's determination and proposed penalty or sanction
292	290		[recommendations] under Section 153.053(a).
293	291		SECTION 15. Section 153.056, Government Code, is amended to
294	292		read as follows:
295	293		Sec. 153.056. OPTIONS FOLLOWING DECISION: PAY, ACCEPT, OR
296	294		APPEAL. Not later than the 30th day after the date the order of the
297	295		commission imposing an administrative penalty or sanction under
298	296		Section 153.055 becomes final, the person shall:
299	297		(1) accept the obligation to pay the penalty or accept
300	298		the sanction; or
301	299		(2) file an appeal of the commission's order
302	300		contesting the findings of fact, the conclusions of law, the
303	301		occurrence of the violation, the imposition or amount of the
304	302		penalty, the imposition of the sanction, or any combination.
305	303		SECTION 16. Section 153.058(f), Government Code, is amended
306	304		to read as follows:
307	305		(f) If the special committee sustains the finding that a
308	306		violation occurred, the special committee may:
309	307		(1) uphold or reduce the amount of any penalty and
310	308		order the person to pay the full or reduced amount of the penalty;
311	309		and
312	310		(2) uphold or reduce any other sanction and order the
313	311		imposition of the sanction.
314	312		SECTION 17. Subchapter B, Chapter 153, Government Code, is
315	313		amended by adding Section 153.060 to read as follows:
316	314		Sec. 153.060. REISSUANCE OF CERTIFICATE, REGISTRATION, OR
317	315		LICENSE. (a) The commission may reissue a certificate,
318	316		registration, or license that has been revoked or that the
319	317		commissioner has refused to renew as a disciplinary sanction if the
320	318		individual who was subject to the revocation or nonrenewal applies
321	319		in writing to the commission and establishes good cause to justify
322	320		reissuance of the certificate, registration, or license. The
323	321		applicant has the burden of proving:
324	322		(1) the correction of the grounds for the revocation
325	323		or the commission's refusal to renew the certificate, registration,
326	324		or license;
327	325		(2) good faith efforts to correct, resolve, or
328	326		otherwise cure the damages arising from the grounds for the
329	327		revocation or the refusal to renew the certificate, registration,
330	328		or license;
331	329		(3) that reissuance would not pose a threat to public
332	330		health, safety, and welfare; and
333	331		(4) any other rehabilitative efforts.
334	332		(b) The commission may impose conditions on the revocation
335	333		or refusal to renew a certificate, registration, or license that
336	334		may include:
337	335		(1) prohibiting a person from applying for reissuance
338	336		for a specified period; and
339	337		(2) imposing some or all prerequisites for initial
340	338		certification, registration, or licensure as a prerequisite for
341	339		reissuance.
342	340		(c) The commission may impose appropriate probationary
343	341		conditions for a specified period on the practice of a person whose
344	342		certificate, registration, or license is reissued.
345	343		SECTION 18. Section 154.101(g), Government Code, is amended
346	344		to read as follows:
347	345		(g) The commission may enforce this section by seeking an
348	346		injunction or by filing a complaint against a person who is not
349	347		certified by the supreme court. The commission may seek the
350	348		injunction in the district court of the county in which that person
351	349		resides or in Travis County. Said action for an injunction shall be
352	350		in addition to any other action, proceeding, or remedy authorized
353	351		by law. The commission shall be represented by the attorney
354	352		general, [and/or] the county or district attorney of this state, or
355	353		counsel designated and empowered by the commission.
356	354		SECTION 19. Section 154.106(a), Government Code, is amended
357	355		to read as follows:
358	356		(a) A shorthand reporting firm or an affiliate office may
359	357		not assume or use the title or designation "court recording firm,"
360	358		"court reporting firm," or "shorthand reporting firm" or any
361	359		abbreviation, title, designation, words, letters, sign, card, or
362	360		device tending to indicate that the firm is a court reporting firm
363	361		or shorthand reporting firm, or offer services as a court reporting
364	362		firm or shorthand reporting firm, unless the firm and its affiliate
365	363		offices are registered with the commission on a form prescribed by
366	364		the commission as required by this subchapter.
367	365		SECTION 20. Sections 154.107(b) and (c), Government Code,
368	366		are amended to read as follows:
369	367		(b) A certification or registration expires [at 12:01 a.m.]
370	368		on the last day of the month in which [January 1 following] the
371	369		second anniversary of the date on which it was issued occurs unless
372	370		the certification or registration is renewed on or before that day.
373	371		[Thereafter, the certification or registration expires at 12:01
374	372		a.m. of each second January 1 unless renewed.]
375	373		(c) On each renewal of the certification or registration, a
376	374		fee is charged in accordance with Section 152.2015. A firm or the
377	375		affiliate office of a firm that may not renew an expired
378	376		registration as described by Section 152.2015(e) must pay all
379	377		unpaid renewal and late fees charged for the expired registration,
380	378		in addition to complying with all registration requirements and
381	379		procedures, in order to obtain a new registration under Section
382	380		152.2015(e) [A person who is otherwise eligible to renew a
383	381		certification or registration may renew an unexpired certification
384	382		or registration by paying the required renewal fee to the
385	383		commission before the expiration date of the certification or
386	384		registration. A person whose certification or registration has
387	385		expired may not engage in activities that require a certification
388	386		or registration until the certification or registration has been
389	387		renewed].
390	388		SECTION 21. Section 154.110(a), Government Code, is amended
391	389		to read as follows:
392	390		(a) After receiving a complaint and giving the certified
393	391		shorthand reporter notice and an opportunity for a hearing as
394	392		prescribed by Subchapter B, Chapter 153, the commission shall
395	393		revoke, suspend, or refuse to renew the shorthand reporter's
396	394		certification or issue a reprimand to the reporter for:
397	395		(1) fraud or corruption;
398	396		(2) dishonesty;
399	397		(3) wilful or negligent violation or failure of duty;
400	398		(4) incompetence;
401	399		(5) fraud or misrepresentation in obtaining
402	400		certification;
403	401		(6) a final conviction of a felony or misdemeanor that
404	402		directly relates to the duties and responsibilities of a certified
405	403		shorthand [court] reporter, as determined by supreme court rules;
406	404		(7) engaging in the practice of shorthand reporting
407	405		using a method for which the reporter is not certified;
408	406		(8) engaging in the practice of shorthand reporting
409	407		while certification is suspended;
410	408		(9) unprofessional conduct, including giving directly
411	409		or indirectly, benefiting from, or being employed as a result of any
412	410		gift, incentive, reward, or anything of value to attorneys,
413	411		clients, or their representatives or agents, except for nominal
414	412		items that do not exceed $100 in the aggregate for each recipient
415	413		each year;
416	414		(10) entering into or providing services under a
417	415		prohibited contract described by Section 154.115;
418	416		(11) committing any other act that violates this
419	417		chapter or a rule or provision of the code of ethics adopted under
420	418		this subtitle; or
421	419		(12) other sufficient cause.
422	420		SECTION 22. Section 154.111(c), Government Code, is amended
423	421		to read as follows:
424	422		(c) The commission may suspend the registration of a
425	423		shorthand reporting firm or affiliate office:
426	424		(1) for a designated period of time in accordance with
427	425		Section 154.110(b);
428	426		(2) until the shorthand reporting firm or affiliate
429	427		office corrects the deficiencies that were the grounds for the
430	428		suspension; or
431	429		(3) until the shorthand reporting firm or affiliate
432	430		office complies with any conditions imposed by the commission to
433	431		ensure the shorthand reporting firm's or affiliate office's future
434	432		performance.
435	433		SECTION 23. Sections 155.001(2), (3), (5), and (7),
436	434		Government Code, are amended to read as follows:
437	435		(2) "Corporate fiduciary" has the meaning assigned by
438	436		Section 1002.007, Estates [601, Texas Probate] Code.
439	437		(3) "Guardian" has the meaning assigned by Section
440	438		1002.012, Estates [601, Texas Probate] Code.
441	439		(5) "Incapacitated person" has the meaning assigned by
442	440		Section 1002.017, Estates [601, Texas Probate] Code.
443	441		(7) "Ward" has the meaning assigned by Section 22.033,
444	442		Estates [601, Texas Probate] Code.
445	443		SECTION 24. Sections 155.102(c) and (d), Government Code,
446	444		are amended to read as follows:
447	445		(c) The supreme court may adopt rules and procedures for
448	446		issuing a certificate and for renewing, suspending, or revoking a
449	447		certificate issued under this section. Any rules adopted by the
450	448		supreme court under this section must:
451	449		(1) ensure compliance with the standards adopted under
452	450		Section 155.101;
453	451		(2) provide that the commission establish
454	452		qualifications for obtaining and maintaining certification;
455	453		(3) provide that the commission issue certificates
456	454		under this section;
457	455		(4) provide that a certificate expires on the last day
458	456		of the month in which the second anniversary of the date the
459	457		certificate was [is] issued occurs unless renewed on or before that
460	458		day;
461	459		(5) prescribe procedures for accepting complaints and
462	460		conducting investigations of alleged violations of the minimum
463	461		standards adopted under Section 155.101 or other terms of the
464	462		certification by certificate holders; and
465	463		(6) prescribe procedures by which the commission,
466	464		after notice and hearing, may suspend or revoke the certificate of a
467	465		holder who fails to substantially comply with appropriate standards
468	466		or other terms of the certification.
469	467		(d) If the requirements for issuing a certificate under this
470	468		section or reissuing a certificate under Section 153.060 include
471	469		passage of an examination covering guardianship education
472	470		requirements:
473	471		(1) the commission shall develop and the director
474	472		shall administer the examination; or
475	473		(2) the commission shall direct the director to
476	474		contract with another person or entity the commission determines
477	475		has the expertise and resources to develop and administer the
478	476		examination.
479	477		SECTION 25. Section 155.104, Government Code, is amended to
480	478		read as follows:
481	479		Sec. 155.104. INFORMATION FROM PRIVATE PROFESSIONAL
482	480		GUARDIANS. In addition to the information submitted under Section
483	481		1104.306, Estates [697(e), Texas Probate] Code, the director may
484	482		require a private professional guardian or a person who represents
485	483		or plans to represent the interests of a ward as a guardian on
486	484		behalf of the private professional guardian to submit information
487	485		considered necessary to monitor the person's compliance with the
488	486		applicable standards adopted under Section 155.101 or with the
489	487		certification requirements of Section 155.102.
490	488		SECTION 26. Section 155.105(c), Government Code, is amended
491	489		to read as follows:
492	490		(c) A private professional guardian shall submit with the
493	491		report required under Subsection (b) a copy of the guardian's
494	492		application for a certificate of registration required by Section
495	493		1104.302, Estates [697(a), Texas Probate] Code.
496	494		SECTION 27. Section 156.001, Government Code, is amended to
497	495		read as follows:
498	496		Sec. 156.001. DEFINITIONS [DEFINITION]. In this chapter:
499	497		(1) [,] "Advisory [advisory] board" means the Process
500	498		Server Certification Advisory Board.
501	499		(2) "Certified process server" or "process server"
502	500		means a person who is certified by the commission under order of the
503	501		supreme court to serve process.
504	502		SECTION 28. Subchapter B, Chapter 156, Government Code, is
505	503		amended by adding Section 156.053 to read as follows:
506	504		Sec. 156.053. PROCESS SERVER CERTIFICATION RENEWAL; FEES.
507	505		Certification of a process server expires on the last day of the
508	506		month in which the second anniversary of the date on which the
509	507		certification was issued occurs unless it is renewed on or before
510	508		that date. On renewal of certification, each process server must
511	509		pay a fee to the commission in accordance with Section 152.2015.
512	510		SECTION 29. Section 157.001(2), Government Code, is amended
513	511		to read as follows:
514	512		(2) "Licensed court interpreter" means an individual
515	513		licensed under this chapter by the commission to interpret court
516	514		proceedings for an individual who can hear but who has no or limited
517	515		English proficiency [does not comprehend English or communicate in
518	516		English].
519	517		SECTION 30. Sections 157.101(a), (c), and (d), Government
520	518		Code, are amended to read as follows:
521	519		(a) The director shall issue a court interpreter license to
522	520		an applicant who:
523	521		(1) can interpret for an individual who can hear but
524	522		who has no or limited English proficiency [does not comprehend
525	523		English or communicate in English];
526	524		(2) passes the appropriate examination prescribed by
527	525		the commission within the period specified in Section 152.201(c-1)
528	526		[not earlier than two years before the date the director receives
529	527		the applicant's application for a license]; and
530	528		(3) possesses the other qualifications for the license
531	529		required by this chapter or by rules adopted under this chapter.
532	530		(c) A license issued under this chapter expires on the last
533	531		day of the month in which the second anniversary of the date on
534	532		which the license was issued occurs unless it is renewed on or
535	533		before that date [is valid for one year from the date of issuance].
536	534		(d) A license issued under this chapter must include at
537	535		least one of the following designations:
538	536		(1) a basic designation that permits the interpreter
539	537		to interpret court proceedings in justice courts and municipal
540	538		courts that are not municipal courts of record, but the designation
541	539		does not permit the interpreter to interpret [other than] a
542	540		proceeding before the court in which the judge is acting as a
543	541		magistrate; or
544	542		(2) a master designation that permits the interpreter
545	543		to interpret court proceedings in all courts in this state,
546	544		including justice courts and municipal courts described by
547	545		Subdivision (1).
548	546		SECTION 31. Section 157.102, Government Code, is amended to
549	547		read as follows:
550	548		Sec. 157.102. COURT INTERPRETER LICENSE. To qualify for a
551	549		court interpreter license under this chapter, an individual must
552	550		apply on a form prescribed by the commission and demonstrate, in the
553	551		manner required by the director, reasonable proficiency in
554	552		interpreting English and court proceedings for individuals who can
555	553		hear but who have no or limited English proficiency [do not
556	554		comprehend English or communicate in English].
557	555		SECTION 32. The heading to Section 157.104, Government
558	556		Code, is amended to read as follows:
559	557		Sec. 157.104. COMMISSION DUTIES[; INSPECTIONS].
560	558		SECTION 33. Section 157.105, Government Code, is amended to
561	559		read as follows:
562	560		Sec. 157.105. SUSPENSION, REFUSAL OF RENEWAL, AND
563	561		REVOCATION OF LICENSES; REISSUANCE. (a) After providing the
564	562		opportunity for a hearing in accordance with Section 153.055, the
565	563		commission shall suspend, [or] revoke, or refuse to renew a court
566	564		interpreter license on a finding that the individual:
567	565		(1) made a material misstatement in an application for
568	566		a license;
569	567		(2) disregarded or violated this chapter or a rule
570	568		adopted under this chapter; or
571	569		(3) engaged in dishonorable or unethical conduct
572	570		likely to deceive, defraud, or harm the public or a person for whom
573	571		the interpreter interprets.
574	572		(b) In accordance with Section 153.060, the [The]
575	573		commission may reissue a license to an individual whose license has
576	574		been revoked or refused renewal if the individual applies in
577	575		writing to the department and shows good cause to justify
578	576		reissuance of the license.
579	577		SECTION 34. Section 157.107(b), Government Code, is amended
580	578		to read as follows:
581	579		(b) A person who violates this chapter or a rule adopted
582	580		under this chapter is subject to an administrative penalty assessed
583	581		by the commission as provided by Chapter 153, in addition to
584	582		administrative sanctions that may be imposed under Section 157.105.
585	583		SECTION 35. The following provisions of the Government Code
586	584		are repealed:
587	585		(1) Sections 154.107(d), (e), (f), (g), and (h);
588	586		(2) Sections 154.108 and 154.109;
589	587		(3) Section 154.110(d);
590	588		(4) Section 154.111(e); and
591	589		(5) Section 156.052(b).
592	590		SECTION 36. (a) Section 152.053, Government Code, as
593	591		amended by this Act, applies only to the appointment of a person to
594	592		an advisory board or committee of the Judicial Branch Certification
595	593		Commission on or after the effective date of this Act. The
596	594		appointment of a person to an advisory board or committee of the
597	595		Judicial Branch Certification Commission before the effective date
598	596		of this Act is governed by the law as it existed immediately before
599	597		the effective date of this Act, and that law is continued in effect
600	598		for that purpose.
601	599		(b) Section 154.107(b), Government Code, as amended by this
602	600		Act, applies only to the expiration of a certification or
603	601		registration of a court reporter on or after January 1, 2018. The
604	602		expiration of a certification or registration of a court reporter
605	603		before that date is governed by the law as it existed immediately
606	604		before the effective date of this Act, and that law is continued in
607	605		effect for that purpose.
608	606		(c) If a person's certification, registration, or license
609	607		expiration date changes as a result of Section 154.107, 155.102, or
610	608		157.101, Government Code, as amended by this Act, or Section
611	609		156.053, Government Code, as added by this Act, the Judicial Branch
612	610		Certification Commission must prorate the certification,
613	611		registration, or license fee on a monthly basis so that each
614	612		certification, registration, or license holder pays only the
615	613		portion of the fee that is allocable to the number of months during
616	614		which the certification, registration, or license is valid.
617	615		SECTION 37. This Act takes effect September 1, 2017.
	616	+	______________________________ ______________________________
	617	+	President of the Senate Speaker of the House
	618	+	I hereby certify that S.B. No. 43 passed the Senate on
	619	+	April 12, 2017, by the following vote: Yeas 31, Nays 0.
	620	+	______________________________
	621	+	Secretary of the Senate
	622	+	I hereby certify that S.B. No. 43 passed the House on
	623	+	May 24, 2017, by the following vote: Yeas 146, Nays 0, two
	624	+	present not voting.
	625	+	______________________________
	626	+	Chief Clerk of the House
	627	+	Approved:
	628	+	______________________________
	629	+	Date
	630	+	______________________________
	631	+	Governor