By: Zaffirini S.B. No. 2106
A BILL TO BE ENTITLED
AN ACT
relating to the Judicial Branch Certification Commission;
authorizing the Supreme Court of Texas to adopt rules on
ineligibility to renew a certification, registration, or license
issued by the commission; specifying conditions for the imposition
of administrative sanctions by the commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.203, Government Code, is amended to
read as follows:
Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
shall adopt rules on applicants' ineligibility for certification,
registration, or licensing or renewal of certification,
registration, or licensing under this subtitle based on the
person's criminal history or other information, including failure
to comply with commission orders or timely pay fees or
administration penalties, that indicates the person lacks the
honesty, trustworthiness, or integrity to hold the certification,
registration, or license.
SECTION 2. Section 153.004, Government Code, is amended to
read as follows:
Sec. 153.004. DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO
RENEW; REPRIMAND; PROBATION. (a) The commission may deny, revoke,
suspend, or refuse to renew a certification, registration, or
license or may reprimand a regulated person for a violation of this
subtitle, a law establishing a regulatory program administered by
the commission, a rule adopted under this subtitle, or an order
issued by the commission or director.
(b) The commission shall determine the severity of an
administrative sanction, including the length of the period of time
a revocation, suspension, refusal to renew a certification,
registration, or license, based upon:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the threat to health or safety caused by the
violation;
(3) any previous violations;
(4) the administrative sanction necessary to deter a
future violation;
(5) whether the violator demonstrated good faith,
including when applicable whether the violator made good faith
efforts to correct the violation; and
(6) any other matter that justice may require.
(c) [(b)] The commission may place on probation a person
whose certification, registration, or license is suspended. If a
certification, registration, or license suspension is probated,
the commission may require the person to:
(1) report regularly to the commission on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the
commission; or
(3) continue or review professional education until the
person attains a degree of skill satisfactory to the commission in
those areas that are the basis for the probation.
(d) [(c)] On the commission's motion, or on the
recommendation of commission staff, the commission may conduct a
hearing to inquire into a suspension. If the commission determines
that a person has not corrected the deficiencies that were the
grounds of the suspension or has not complied with the conditions
imposed by the commission, the commission may revoke or take other
disciplinary action against the person's certification,
registration, or license.
SECTION 3. This Act takes effect September 1, 2023.