| 1 | 1 | | S.B. No. 2106 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the Judicial Branch Certification Commission; |
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| 6 | 6 | | authorizing the Supreme Court of Texas to adopt rules on |
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| 7 | 7 | | ineligibility to renew a certification, registration, or license |
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| 8 | 8 | | issued by the commission; specifying conditions for the imposition |
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| 9 | 9 | | of administrative sanctions by the commission. |
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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 152.203, Government Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 152.203. RULES ON INELIGIBILITY. The supreme court |
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| 14 | 14 | | shall adopt rules on applicants' ineligibility for certification, |
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| 15 | 15 | | registration, or licensing or renewal of certification, |
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| 16 | 16 | | registration, or licensing under this subtitle based on the |
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| 17 | 17 | | person's criminal history or other information, including failure |
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| 18 | 18 | | to comply with commission orders or timely pay fees or |
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| 19 | 19 | | administration penalties, that indicates the person lacks the |
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| 20 | 20 | | honesty, trustworthiness, or integrity to hold the certification, |
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| 21 | 21 | | registration, or license. |
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| 22 | 22 | | SECTION 2. Section 153.004, Government Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | Sec. 153.004. DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO |
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| 25 | 25 | | RENEW; REPRIMAND; PROBATION. (a) The commission may deny, revoke, |
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| 26 | 26 | | suspend, or refuse to renew a certification, registration, or |
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| 27 | 27 | | license or may reprimand a regulated person for a violation of this |
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| 28 | 28 | | subtitle, a law establishing a regulatory program administered by |
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| 29 | 29 | | the commission, a rule adopted under this subtitle, or an order |
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| 30 | 30 | | issued by the commission or director. |
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| 31 | 31 | | (b) The commission shall determine the severity of an |
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| 32 | 32 | | administrative sanction, including the length of the period of time |
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| 33 | 33 | | a revocation, suspension, refusal to renew a certification, |
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| 34 | 34 | | registration, or license, based upon: |
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| 35 | 35 | | (1) the seriousness of the violation, including the |
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| 36 | 36 | | nature, circumstances, extent, and gravity of the violation; |
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| 37 | 37 | | (2) the threat to health or safety caused by the |
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| 38 | 38 | | violation; |
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| 39 | 39 | | (3) any previous violations; |
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| 40 | 40 | | (4) the administrative sanction necessary to deter a |
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| 41 | 41 | | future violation; |
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| 42 | 42 | | (5) whether the violator demonstrated good faith, |
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| 43 | 43 | | including when applicable whether the violator made good faith |
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| 44 | 44 | | efforts to correct the violation; and |
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| 45 | 45 | | (6) any other matter that justice may require. |
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| 46 | 46 | | (c) [(b)] The commission may place on probation a person |
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| 47 | 47 | | whose certification, registration, or license is suspended. If a |
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| 48 | 48 | | certification, registration, or license suspension is probated, |
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| 49 | 49 | | the commission may require the person to: |
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| 50 | 50 | | (1) report regularly to the commission on matters that |
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| 51 | 51 | | are the basis of the probation; |
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| 52 | 52 | | (2) limit practice to the areas prescribed by the |
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| 53 | 53 | | commission; or |
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| 54 | 54 | | (3) continue or review professional education until the |
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| 55 | 55 | | person attains a degree of skill satisfactory to the commission in |
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| 56 | 56 | | those areas that are the basis for the probation. |
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| 57 | 57 | | (d) [(c)] On the commission's motion, or on the |
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| 58 | 58 | | recommendation of commission staff, the commission may conduct a |
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| 59 | 59 | | hearing to inquire into a suspension. If the commission determines |
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| 60 | 60 | | that a person has not corrected the deficiencies that were the |
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| 61 | 61 | | grounds of the suspension or has not complied with the conditions |
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| 62 | 62 | | imposed by the commission, the commission may revoke or take other |
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| 63 | 63 | | disciplinary action against the person's certification, |
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| 64 | 64 | | registration, or license. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 66 | 66 | | ______________________________ ______________________________ |
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| 67 | 67 | | President of the Senate Speaker of the House |
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| 68 | 68 | | I hereby certify that S.B. No. 2106 passed the Senate on |
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| 69 | 69 | | April 27, 2023, by the following vote: Yeas 31, Nays 0. |
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| 70 | 70 | | ______________________________ |
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| 71 | 71 | | Secretary of the Senate |
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| 72 | 72 | | I hereby certify that S.B. No. 2106 passed the House on |
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| 73 | 73 | | May 19, 2023, by the following vote: Yeas 126, Nays 17, two |
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| 74 | 74 | | present not voting. |
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| 75 | 75 | | ______________________________ |
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| 76 | 76 | | Chief Clerk of the House |
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| 77 | 77 | | Approved: |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Date |
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| 80 | 80 | | ______________________________ |
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| 81 | 81 | | Governor |
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