| 1 | 1 | | 88R7524 SCP-F |
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| 2 | 2 | | By: Button H.B. No. 3521 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the recovery of certain direct administrative costs |
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| 8 | 8 | | incurred by the Texas State Board of Public Accountancy in imposing |
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| 9 | 9 | | disciplinary action against a license holder. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 901.501(a), Occupations Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) On a determination that a ground for discipline exists |
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| 14 | 14 | | under Section 901.502, after notice and hearing as provided by |
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| 15 | 15 | | Section 901.509, the board may: |
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| 16 | 16 | | (1) revoke a certificate, firm license, or practice |
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| 17 | 17 | | privilege issued under this chapter; |
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| 18 | 18 | | (2) suspend under any terms a certificate, firm |
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| 19 | 19 | | license, practice privilege, or license issued under this chapter |
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| 20 | 20 | | for a period not to exceed five years; |
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| 21 | 21 | | (3) refuse to renew a license; |
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| 22 | 22 | | (4) place a license holder on probation; |
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| 23 | 23 | | (5) reprimand a license holder; |
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| 24 | 24 | | (6) limit the scope of a license holder's practice; |
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| 25 | 25 | | (7) require a license holder to complete a peer review |
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| 26 | 26 | | program conducted in the manner prescribed by the board; |
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| 27 | 27 | | (8) require a license holder to complete a continuing |
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| 28 | 28 | | education program specified by the board; |
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| 29 | 29 | | (9) impose on a license holder the direct |
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| 30 | 30 | | administrative costs incurred by the board in taking action under |
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| 31 | 31 | | this subsection, including fees or costs related to: |
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| 32 | 32 | | (A) attorneys, consultants, and witnesses; |
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| 33 | 33 | | (B) time spent by board employees to investigate |
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| 34 | 34 | | or prosecute the disciplinary ground; |
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| 35 | 35 | | (C) copying and filing documents; |
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| 36 | 36 | | (D) court reporters; |
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| 37 | 37 | | (E) hearings conducted by the State Office of |
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| 38 | 38 | | Administrative Hearings; |
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| 39 | 39 | | (F) case management; |
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| 40 | 40 | | (G) preparing for a hearing, trial, or appeal, |
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| 41 | 41 | | including preparing any exhibits; |
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| 42 | 42 | | (H) travel and per diem expenses for enforcement |
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| 43 | 43 | | committee members; and |
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| 44 | 44 | | (I) any other costs or fees reasonably |
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| 45 | 45 | | attributable to the investigation or prosecution of the |
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| 46 | 46 | | disciplinary ground [Subdivisions (1) through (8)]; |
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| 47 | 47 | | (10) require a license holder to pay restitution as |
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| 48 | 48 | | provided by Section 901.6015; |
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| 49 | 49 | | (11) impose an administrative penalty under |
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| 50 | 50 | | Subchapter L; or |
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| 51 | 51 | | (12) impose any combination of the sanctions provided |
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| 52 | 52 | | by this subsection. |
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| 53 | 53 | | SECTION 2. Section 901.501(a), Occupations Code, as amended |
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| 54 | 54 | | by this Act, applies only to disciplinary action regarding conduct |
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| 55 | 55 | | that occurs on or after the effective date of this Act. Conduct |
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| 56 | 56 | | that occurs before the effective date of this Act is governed by the |
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| 57 | 57 | | law in effect on the date the conduct occurred, and the former law |
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| 58 | 58 | | is continued in effect for that purpose. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2023. |
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