Bill Text: TX HB3790 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to creation of the Judicial Branch Certification Commission and the consolidation of judicial profession regulation; imposing penalties; authorizing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-29 - Laid on the table subject to call [HB3790 Detail]

Download: Texas-2013-HB3790-Comm_Sub.html

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83R17330 YDB-F
By: Perry H.B. No. 3790
Substitute the following for H.B. No. 3790:
By: King of Hemphill C.S.H.B. No. 3790

A BILL TO BE ENTITLED
AN ACT
relating to creation of the Judicial Branch Certification
Commission and the consolidation of judicial profession
regulation; imposing penalties; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. JUDICIAL BRANCH CERTIFICATION COMMISSION
SECTION 1.01. Title 2, Government Code, is amended by
adding Subtitle K to read as follows:
SUBTITLE K. COURT PROFESSIONS REGULATION
CHAPTER 151. GENERAL PROVISIONS
Sec. 151.001. DEFINITIONS. In this subtitle:
(1) "Certification" means a certification issued by
the commission.
(2) "Commission" means the Judicial Branch
Certification Commission.
(3) "Director" means the administrative director of
the office.
(4) "License" means a license issued by the
commission.
(5) "Office" means the Office of Court Administration
of the Texas Judicial System.
(6) "Registration" means a registration issued by the
commission.
(7) "Regulated person" means a person who holds a
certification, registration, or license issued by the commission.
CHAPTER 152. JUDICIAL BRANCH CERTIFICATION COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 152.001. SUNSET PROVISION. The Judicial Branch
Certification Commission is subject to Chapter 325 (Texas Sunset
Act), but is not abolished under that chapter. The commission shall
be reviewed during the period in which state agencies abolished in
2025 and every 12th year after 2025 are reviewed.
SUBCHAPTER B. COMMISSION
Sec. 152.051. ESTABLISHMENT OF COMMISSION. The Judicial
Branch Certification Commission is established to oversee the
regulatory programs assigned to it by state law or by the supreme
court.
Sec. 152.052. APPOINTMENT OF COMMISSION. (a) The
commission consists of nine members appointed by the supreme court
as follows:
(1) five judges, at least three of whom must be active
judges who preside over a court that employs an official court
reporter; and
(2) four public members.
(b) Subject to Subsection (d), public members of the
commission are appointed as follows:
(1) one member selected by the supreme court from a
list of nominees submitted by the Court Reporters Certification
Advisory Board established under Section 154.051 to represent that
advisory board;
(2) one member selected by the supreme court from a
list of nominees submitted by the Guardianship Certification
Advisory Board established under Section 155.051 to represent that
advisory board;
(3) one member selected by the supreme court from a
list of nominees submitted by the Process Server Certification
Advisory Board established under Section 156.051 to represent that
advisory board; and
(4) one member selected by the supreme court from a
list of nominees submitted by the licensed court interpreter
advisory board established under Section 157.051 to represent that
advisory board.
(c) In making an appointment under Subsection (b), the
supreme court may reject one or more of the nominees included on a
list submitted by an advisory board and request a new list of
nominees that does not include any nominees in the previous list.
(d) The supreme court may appoint to the commission a public
member selected by the supreme court if:
(1) an advisory board fails to provide the list of
nominees in the time required by the supreme court; or
(2) a selected nominee does not otherwise meet the
qualifications required by this chapter.
(e) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
(f) A member appointed to the commission must be
knowledgeable about the professions certified by the commission.
Sec. 152.053. CONFLICT PROVISIONS. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person is not eligible for appointment as a member of
the commission if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
commission;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the commission; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(c) A person may not serve as a member of the commission or
act as the general counsel to the commission if the person is
required to register as a lobbyist under Chapter 305 because of the
person's activities for compensation on behalf of a profession
related to the operation of the commission.
(d) A person may not be a member of the commission and may
not be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the legal profession; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the legal profession.
Sec. 152.054. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the commission may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the commission until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this subtitle and the rules of the commission,
with an emphasis on the rules that relate to the commission's
disciplinary and investigatory authority;
(2) rules of ethics, codes of conduct, and other rules
adopted by the supreme court that are applicable to each profession
regulated or subject to oversight by the commission;
(3) the role and functions of the commission;
(4) the current budget for the commission;
(5) the results of the most recent formal audit of the
commission; and
(6) any ethics policies applicable to the commission
and adopted by the commission or supreme court.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 152.055. TERMS; VACANCY; REMOVAL. (a) Members of the
commission serve staggered six-year terms. The terms of three
members expire on February 1 of each odd-numbered year.
(b) If a vacancy occurs during a member's term, the supreme
court shall appoint a similarly qualified person to fill the
unexpired term.
(c) The supreme court may remove a member of the commission
for inefficiency or neglect of duty in office.
Sec. 152.056. PRESIDING OFFICER. The supreme court shall
designate a member of the commission as presiding officer of the
commission to serve in that capacity at the pleasure of the supreme
court.
Sec. 152.057. COMPENSATION; REIMBURSEMENT. (a) A
commission member may not receive compensation for service on the
commission.
(b) A commission member is entitled to reimbursement for
travel expenses and other actual and necessary expenses incurred in
performing functions as a commission member, subject to any
applicable limitation on reimbursement provided by the General
Appropriations Act.
Sec. 152.058. MEETINGS. (a) The commission shall meet at
least once in each quarter of the fiscal year.
(b) The commission may meet at other times at the call of the
presiding officer or as provided by commission rules.
Sec. 152.059. PUBLIC TESTIMONY. The commission shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the commission and to speak
on any issue under the jurisdiction of the commission.
SUBCHAPTER C. ADMINISTRATION
Sec. 152.101. RULES. The supreme court may adopt rules
consistent with this subtitle, including rules governing the
certification, registration, licensing, and conduct of persons
regulated under this subtitle. The supreme court may authorize the
commission to adopt rules as the supreme court considers
appropriate or as otherwise specified under this subtitle.
Sec. 152.102. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) Subject to any rules related to ethics or
professional conduct promulgated by the supreme court, the supreme
court may not adopt rules restricting advertising or competitive
bidding by a holder of a certification, registration, or license
except to prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the supreme court may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a regulated person's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the regulated person; or
(4) restricts the regulated person's advertisement
under a trade name.
Sec. 152.103. ADMINISTRATIVE ATTACHMENT. (a) The
commission is administratively attached to the office.
(b) Notwithstanding any other law, the office shall:
(1) provide administrative assistance, services, and
materials to the commission, including budget planning and
purchasing;
(2) accept, deposit, and disburse money made available
to the commission;
(3) reimburse the travel expenses and other actual and
necessary expenses of commission members incurred in the
performance of official commission duties, as provided by the
General Appropriations Act; and
(4) provide the commission with adequate computer
equipment and support.
Sec. 152.104. DIRECTOR. The director shall:
(1) perform any duty assigned by the commission and
other duties specified by law; and
(2) administer and enforce the commission's programs.
Sec. 152.105. DIVISION OF RESPONSIBILITIES. The commission
shall develop and implement policies that clearly separate the
policy-making responsibilities of the commission and the
management responsibilities of the director and the staff of the
office.
Sec. 152.106. USE OF TECHNOLOGY. The commission shall
implement a policy requiring the commission to use appropriate
technological solutions to improve the commission's ability to
perform its functions. The policy must ensure that the public is
able to interact with the commission on the Internet.
Sec. 152.107. INFORMATION ON STANDARDS OF CONDUCT. The
director or the director's designee shall provide to members of the
commission and to office employees, as often as necessary,
information regarding the requirements for service or employment
under this subtitle, including information regarding a person's
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
Sec. 152.108. PUBLIC INTEREST INFORMATION. (a) The
commission shall prepare information of public interest describing
the functions of the commission under this subtitle and the
procedure by which complaints are filed and resolved under this
subtitle.
(b) The commission shall make the information available to
the public and appropriate state agencies.
Sec. 152.109. COMPLAINTS. (a) The commission shall
establish methods by which consumers are notified of the name,
mailing address, and telephone number of the commission for the
purpose of directing complaints about persons regulated under this
subtitle to the commission.
(b) The commission shall list with its regular telephone
number any toll-free telephone number established under other state
law that may be called to present a complaint about a person
regulated under this subtitle.
Sec. 152.110. RECORDS OF COMPLAINTS. (a) The commission
shall maintain a file on each written complaint filed with the
commission under this subtitle. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the commission closed the file without taking action other than
to investigate the complaint.
(b) The commission shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commission's policies and procedures relating to
complaint investigation and resolution. A person who reports a
complaint by telephone shall be given information on how to file a
written complaint.
(c) The commission, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
ongoing investigation.
Sec. 152.111. COMPLAINT DISMISSAL. (a) The commission may
adopt a policy allowing office employees to dismiss complaints
that:
(1) clearly do not allege misconduct; or
(2) are not within the commission's jurisdiction.
(b) Office employees shall inform the commission of all
dismissals made under this section.
(c) A person who files a complaint that is dismissed under
this section may request that the commission reconsider the
complaint.
Sec. 152.112. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) The commission shall develop and implement a policy to
encourage the use of appropriate alternative dispute resolution
procedures to assist in the resolution of internal and external
disputes under the commission's jurisdiction.
(b) The procedures relating to alternative dispute
resolution under this section must conform, to the extent possible,
to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 152.151. GENERAL POWERS AND DUTIES. (a) The
commission shall:
(1) administer and enforce this subtitle;
(2) in consultation with appropriate advisory boards,
develop and recommend rules to the supreme court;
(3) in consultation with appropriate advisory boards,
develop and recommend to the supreme court a code of ethics for each
profession regulated under this subtitle;
(4) set fees in amounts reasonable and necessary to
cover the costs of administering the programs or activities
administered by the commission, including examinations and
issuance and renewal of certifications, registrations, and
licenses; and
(5) in consultation with appropriate advisory boards,
establish qualifications for certification, registration, and
licensing under this subtitle.
(b) The commission may:
(1) require applicants for certification,
registration, or licensing under this subtitle to pass an
examination that is developed and administered by the commission,
or by the commission in conjunction with a person with whom the
commission contracts to develop and administer the examination, and
charge fees for the examination;
(2) require regulated persons to obtain continuing
education; and
(3) appoint necessary committees.
Sec. 152.152. ADVISORY BOARDS. (a) In addition to the
advisory boards specifically established under this subtitle, the
commission may establish other advisory boards to advise the
commission on policy and persons regulated under this subtitle.
(b) An advisory board established under this subtitle,
including under this section, shall meet at least once each year and
at the call of the presiding officer.
(c) An advisory board established under this subtitle,
including under this section, shall assist the commission by
developing and recommending rules to the commission. The advisory
board may establish subcommittees to fulfill the duties imposed
under this subsection.
(d) An advisory board member serves without compensation
but is entitled to reimbursement for travel expenses and other
actual and necessary expenses incurred in performing functions as
an advisory board member, subject to any applicable limitation on
reimbursement provided by the General Appropriations Act.
SUBCHAPTER E. CERTIFICATION, REGISTRATION, AND LICENSING
REQUIREMENTS
Sec. 152.201. EXAMINATIONS. (a) Not later than the 30th
day after the date a person takes an examination, the commission
shall notify the person of the results of the examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the commission shall notify the person of the
results of the examination not later than the 30th day after the
date the commission receives the results from the testing service;
and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
commission shall notify the person of the reason for the delay
before the 90th day.
(c) The commission may require a testing service to:
(1) notify a person of the results of the person's
examination; or
(2) collect a fee for administering an examination
from a person taking the examination.
(d) If requested in writing by a person who fails an
examination, the commission shall furnish the person with an
analysis of the person's performance on the examination.
Sec. 152.202. ENDORSEMENT; RECIPROCITY. (a) The
commission may waive any prerequisite to obtaining a certification,
registration, or license for an applicant after reviewing the
applicant's credentials and determining that the applicant holds a
certification, registration, or license issued by another
jurisdiction that has certification, registration, or licensing
requirements substantially equivalent to those of this state.
(b) The commission may waive any prerequisite to obtaining a
certification, registration, or license for an applicant who holds
a certification, registration, or license issued by another
jurisdiction with which this state has a reciprocity agreement.
The commission may make an agreement, subject to the approval of the
supreme court, with another state to allow for certification,
registration, or licensing by reciprocity.
Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
shall adopt rules on applicants' ineligibility for certification,
registration, or licensing under this subtitle based on the
person's criminal history or other information that indicates the
person lacks the honesty, trustworthiness, or integrity to hold the
certification, registration, or license.
Sec. 152.204. CONTINUING EDUCATION. (a) The supreme court
may authorize and the commission by rule may require continuing
professional education for persons regulated under this subtitle.
(b) The rules for continuing professional education adopted
by the commission may include standards relating to:
(1) reporting by regulated persons or by providers of
continuing professional education;
(2) continuing professional education course content;
and
(3) the minimum number of continuing professional
education hours required.
(c) The commission by rule may exempt certain persons,
including retired persons and persons with disabilities, from all
or a portion of the continuing education requirements.
Sec. 152.205. CODE OF ETHICS. (a) The commission shall
develop and recommend to the supreme court for adoption by rule a
code of ethics for persons regulated under this subtitle. In
developing the code of ethics, the commission may use the codes of
ethics adopted by state or national associations as models.
(b) The commission shall publish the code of ethics after
adoption by the supreme court.
(c) After publishing the code of ethics, the commission
shall propose to the supreme court a rule stating that a person who
violates the code of ethics is subject to an administrative penalty
assessed under Chapter 153.
(d) The commission shall update the code of ethics as
necessary to reflect changes in technology or other factors
affecting a profession regulated under this subtitle.
CHAPTER 153. COMMISSION ENFORCEMENT
SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS
Sec. 153.001. INVESTIGATIONS. The commission may conduct
investigations as necessary to enforce the laws administered by the
commission.
Sec. 153.002. SUBPOENAS. (a) The commission may issue a
subpoena as provided by this section.
(b) The commission may request and, if necessary, compel by
subpoena:
(1) the production for inspection and copying of
records, documents, and other evidence relevant to the
investigation of an alleged 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; and
(2) the attendance of a witness for examination under
oath.
(c) A subpoena under this section may be issued throughout
this state and may be served by any person designated by the
commission or the director.
(d) The commission, acting through the attorney general,
may bring an action to enforce a subpoena issued under this section
against a person who fails to comply with the subpoena.
(e) Venue for an action brought under this section is in a
district court in:
(1) Travis County; or
(2) any county in which the commission may hold a
hearing.
(f) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
Sec. 153.003. CEASE AND DESIST ORDER. The director may
issue a cease and desist order if the director determines that the
action is necessary to prevent a violation of:
(1) this subtitle;
(2) a law establishing a regulatory program
administered by the commission; or
(3) a rule adopted under this subtitle or order issued
by the commission or the director.
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 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.
Sec. 153.005. INJUNCTION. (a) The commission may apply to
a district court in any county for an injunction to restrain a
violation of this subtitle or a rule adopted under this subtitle by
a person.
(b) At the request of the commission, the attorney general
shall initiate and conduct an action in a district court in the
state's name to obtain an injunction under this section.
(c) If the state prevails in a suit under this section, the
attorney general may recover on behalf of the state reasonable
attorney's fees, court costs, and reasonable investigative costs
incurred in relation to the proceeding.
SUBCHAPTER B. ADMINISTRATIVE PENALTY; ADMINISTRATIVE SANCTION
Sec. 153.051. IMPOSITION OF PENALTY. (a) The commission
may impose an administrative penalty on a person regulated under
this subtitle who violates this subtitle or a rule or standard
adopted or order issued under this subtitle.
(b) A proceeding under this subchapter imposing an
administrative penalty may be combined with a proceeding to impose
an administrative sanction otherwise imposed under this subtitle.
If an administrative sanction is imposed in a proceeding under this
subchapter, the requirements of this subchapter apply to the
imposition of the sanction.
Sec. 153.052. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty may not exceed $500 for each violation, and
each day a violation continues or occurs is a separate violation for
purposes of imposing a penalty.
(b) The amount shall be based on:
(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 amount 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.
Sec. 153.053. REPORT AND NOTICE OF VIOLATION, PENALTY, AND
SANCTION. (a) The commission shall:
(1) appoint a committee of advisory board members to
review a complaint, make the initial determination on whether a
violation occurred, and recommend the imposition of a penalty, a
sanction, or both for violations;
(2) review the determination and recommendation of the
committee and accept or revise as necessary the determination and
recommendation; and
(3) give to the person who is the subject of the
complaint written notice by certified mail of the commission's
determination on whether a violation occurred and each recommended
penalty or sanction, if any.
(b) The notice required under Subsection (a) must:
(1) include a brief summary of the alleged violation;
(2) state the amount of any recommended penalty;
(3) state any recommended sanction; and
(4) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, the imposition of the sanction, or any combination.
Sec. 153.054. PENALTY PAID, SANCTION ACCEPTED, OR HEARING
REQUESTED. (a) Not later than the 20th day after the date the
person receives the notice sent under Section 153.053, the person
in writing may:
(1) accept the determination of the commission and
recommended penalty or sanction; or
(2) make a request for a hearing on the occurrence of
the violation, the imposition or amount of the penalty, the
imposition of the sanction, or any combination.
(b) If the person accepts the determination and recommended
penalty or sanction or if the person fails to respond to the notice,
the commission by order shall approve the determination and impose
the recommended penalty or sanction.
Sec. 153.055. NOTICE; HEARING. (a) If the person requests a
hearing, the commission shall give to the person written notice of
the hearing that includes the time, place, legal authority, and
jurisdiction under which the hearing is held and the laws and rules
related to the violation.
(b) The person may appear, present evidence, and respond to
questions from the commission at the hearing.
(c) The commission shall make findings of fact and
conclusions of law and promptly issue an order on the occurrence of
the violation, the amount of any penalty imposed, and the
imposition of any sanction. The commission shall give the person
notice of the order.
(d) On approval of the supreme court, the commission may
adopt rules governing the hearing, including rules on appearance by
telephone.
(e) The presiding officer of the commission may hold
prehearing conferences.
(f) The notice of the commission's order under Subsection
(c) must include a statement of the right of the person to appeal
the order under Section 153.058.
(g) On request of the commission, at least one member of the
applicable advisory board committee shall attend the hearing to
consult with the commission on the reasons for the advisory board
committee's recommendations under Section 153.053(a).
(h) At the hearing, the commission shall apply the general
rules of evidence applicable in a district court, except that the
commission may admit and consider any information the commission
determines is relevant, trustworthy, and necessary for a full and
fair adjudication and determination of fact or law.
Sec. 153.056. OPTIONS FOLLOWING DECISION: PAY, ACCEPT, OR
APPEAL. Not later than the 30th day after the date the order of the
commission imposing an administrative penalty or sanction under
Section 153.055 becomes final, the person shall:
(1) pay the penalty or accept the sanction; or
(2) file an appeal of the commission's order
contesting the occurrence of the violation, the imposition or
amount of the penalty, the imposition of the sanction, or any
combination.
Sec. 153.057. COLLECTION OF PENALTY. (a) If the person
does not pay the penalty and the enforcement of the penalty is not
stayed in accordance with supreme court rules, the penalty may be
collected.
(b) The attorney general may sue to collect the penalty and
may recover reasonable expenses, including attorney's fees,
incurred in recovering the penalty.
(c) A penalty collected under this subchapter shall be
deposited in the state treasury in the general revenue fund.
Sec. 153.058. APPEAL OF DECISION. (a) The supreme court
shall adopt rules governing appeals under this subchapter.
(b) The rules must require the appeal to be made to a special
committee consisting of three regional presiding judges. If the
alleged violation involves a certified guardian, the committee must
consist of two regional presiding judges and the presiding judge of
the statutory probate courts.
(c) An appeal must be filed not later than the 30th day after
the date the commission's order is issued.
(d) The special committee shall consider the appeal under an
abuse of discretion standard of review for all issues except issues
involving questions of law. The standard of review for issues
involving questions of law is de novo.
(e) The special committee may confer in writing with a
certification, registration, or license holder who is in the same
profession as the person appealing the commission's order if the
special committee provides to the person:
(1) notice of the special committee's request for
information; and
(2) a copy of the certification, registration, or
license holder's response.
(f) If the special committee sustains the finding that a
violation occurred, the special committee may:
(1) uphold or reduce the amount of any penalty and
order the person to pay the full or reduced amount of the penalty;
and
(2) uphold or reduce any sanction and order the
imposition of the sanction.
(g) If the special committee does not sustain the finding
that a violation occurred, the special committee shall order that a
penalty is not owed and that a sanction may not be imposed.
Sec. 153.059. REMITTANCE OF PENALTY AND INTEREST. (a) If
the person paid the penalty and if the amount of the penalty is
reduced or the penalty is not upheld by the special committee, the
special committee shall order that the appropriate amount plus
accrued interest be remitted to the person not later than the 30th
day after the date the judgment of the special committee becomes
final.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on
the date the penalty is paid and ending on the date the penalty is
remitted.
CHAPTER 154. COURT REPORTERS CERTIFICATION AND SHORTHAND REPORTING
FIRMS REGISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 154.001. DEFINITIONS. (a) In this chapter:
(1) "Advisory board" means the Court Reporters
Certification Advisory Board.
(2) "Certification" means, notwithstanding Section
151.001, a certification issued by the supreme court on the
commission's recommendation.
(3) "Official court reporter" means the shorthand
reporter appointed by a judge as the official court reporter.
(4) "Shorthand reporter" and "court reporter" mean a
person who engages in shorthand reporting.
(5) "Shorthand reporting" and "court reporting" mean
the practice of shorthand reporting for use in litigation in the
courts of this state by making a verbatim record of an oral court
proceeding, deposition, or proceeding before a grand jury, referee,
or court commissioner using written symbols in shorthand, machine
shorthand, or oral stenography.
(6) "Shorthand reporting firm," "court reporting
firm," and "affiliate office" mean an entity wholly or partly in the
business of providing court reporting or other related services in
this state.
(b) For purposes of Subsection (a)(6), a court reporting
firm, shorthand reporting firm, or affiliate office is considered
to be providing court reporting or other related services in this
state if:
(1) any act that constitutes a court reporting service
or shorthand reporting service occurs wholly or partly in this
state;
(2) the firm or affiliate office recruits a resident
of this state through an intermediary located inside or outside of
this state to provide court reporting services, shorthand reporting
services, or other related services in this state; or
(3) the firm or affiliate office contracts with a
resident of this state by mail or otherwise and either party is to
perform court reporting services, shorthand reporting services, or
other related services wholly or partly in this state.
Sec. 154.002. RULES. The supreme court may adopt rules
consistent with this subtitle, including rules governing:
(1) the certification and conduct of official and
deputy court reporters and shorthand reporters; and
(2) the registration and conduct of court reporting
and shorthand reporting firms.
SECTION 1.02. Chapter 154, Government Code, as added by
this Act, is amended by adding Subchapter B, and a heading is added
to that subchapter to read as follows:
SUBCHAPTER B. COURT REPORTERS CERTIFICATION ADVISORY BOARD
SECTION 1.03. Sections 52.011 and 52.0111, Government Code,
are transferred to Subchapter B, Chapter 154, Government Code, as
added by this Act, redesignated as Sections 154.051 and 154.052,
Government Code, and amended to read as follows:
Sec. 154.051 [52.011]. ORGANIZATION. (a) The Court
Reporters Certification Advisory Board is established as an
advisory board to the commission. The advisory board is composed of
at least seven members appointed by the supreme court as follows
[and is composed of]:
(1) one active district judge presiding over a court
that employs an official court reporter [who serves as chairman];
(2) one [two] active attorney [attorneys] licensed in
this state who has [have] been a practicing member [members] of the
State Bar for more than the five years immediately preceding the
attorney's [their] appointment to the advisory board;
(3) two active official court reporters who have
practiced shorthand reporting in this state for more than the five
years immediately preceding their appointment to the advisory
board;
(4) two active certified shorthand reporters who work
on a freelance basis and who have practiced shorthand reporting for
more than the five years immediately preceding their appointment to
the advisory board; and
(5) one representative of a shorthand reporting firm
[that is not owned by a certified shorthand reporter and] that has
operated as a shorthand reporting firm in this state for more than
the three years immediately preceding the representative's
appointment to the advisory board[;
[(6) one representative of a shorthand reporting firm
that is owned by a certified shorthand reporter and that has
operated as a shorthand reporting firm in this state for more than
the three years immediately preceding the representative's
appointment to the board; and
[(7) four members who are representatives of the
general public].
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(c) The advisory board member appointed under Subsection
(a)(1) serves as presiding officer of the advisory board. [A person
may not be a member of the board or act as the general counsel to the
board if the person is:
[(1) required to register as a lobbyist under Chapter
305 because of the person's activities for compensation on behalf
of a profession related to the operation of the board; or
[(2) an owner, officer, or employee of a school or
institution engaged in instructing persons in shorthand reporting
skills.]
(d) A majority of the advisory board constitutes a quorum.
[In this subsection, "Texas trade association" means a cooperative
and voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest. A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments, if:
[(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of shorthand
reporting; or
[(2) the person's spouse is an officer, manager, or
paid consultant of a Texas trade association in the field of
shorthand reporting.]
(e) Advisory board [A person may not be a public member of
the board if the person or the person's spouse:
[(1) is a judge;
[(2) is licensed to practice law in this state;
[(3) is registered or certified by the board;
[(4) is an elected public official;
[(5) is a full-time governmental employee;
[(6) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board;
[(7) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board; or
[(8) uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
[(f) Board] members serve staggered six-year terms of
office as ordered by the supreme court[, with the terms of two or
three members expiring on December 31 of each year].
(f) [(g) A member holds office until that member's
successor is appointed and has qualified for office. A board member
may not be appointed to an immediately succeeding term unless the
member has served less than three consecutive years.
[(h)] If a vacancy occurs on the advisory board, the supreme
court shall appoint a similarly qualified person to serve the
remainder of the term.
(g) Advisory board [(i) Board] members serve without
compensation but are entitled to reimbursement for travel expenses
and other actual and necessary expenses incurred in the performance
of official advisory [traveling and performing official] board
duties, as provided by the General Appropriations Act.
Sec. 154.052 [52.0111]. ADVISORY BOARD MEMBER TRAINING.
(a) A person who is appointed to and qualifies for office as a
member of the advisory board may not vote, deliberate, or be counted
as a member in attendance at a meeting of the advisory board until
the person completes a training program that complies with this
section.
(b) The training program must provide the person with
information regarding:
(1) this chapter [the legislation that created the
board];
(2) [the programs operated by the board;
[(3)] the role and functions of the advisory board;
(3) [(4)] the rules of the commission [board], with an
emphasis on the rules that relate to disciplinary and investigatory
authority; and
(4) [(5) the current budget for the board;
[(6) the results of the most recent formal audit of the
board;
[(7) the requirements of:
[(A) the open meetings law, Chapter 551;
[(B) the public information law, Chapter 552;
[(C) the administrative procedure law, Chapter
2001; and
[(D) other laws relating to public officials,
including conflict-of-interest laws; and
[(8)] any applicable ethics policies adopted by the
commission [board or the Texas Ethics Commission].
(c) A person appointed to the advisory board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 1.04. Subchapter C, Chapter 52, Government Code, is
transferred to Chapter 154, Government Code, as added by this Act,
redesignated as Subchapter C, Chapter 154, Government Code, and
amended to read as follows:
SUBCHAPTER C. CERTIFICATION AND REGISTRATION
Sec. 154.101 [52.021]. CERTIFICATION OF REPORTERS. (a) A
person may not be appointed an official court reporter or a deputy
court reporter unless the person is certified as a shorthand
reporter by the supreme court.
(b) A person may not engage in shorthand reporting in this
state unless the person is certified as a shorthand reporter by the
supreme court.
(c) A certification issued under this chapter must be for
one or more of the following methods of shorthand reporting:
(1) written shorthand;
(2) machine shorthand;
(3) oral stenography; or
(4) any other method of shorthand reporting authorized
by the supreme court.
(d) A person certified under state law as a court reporter
[this chapter] before September 1, 1983, may retain a general
certification authorizing the person to use any authorized method
of shorthand reporting. The person must keep the certification in
continuous effect.
(e) A person may not assume or use the title or designation
"court recorder," "court reporter," or "shorthand reporter," or any
abbreviation, title, designation, words, letters, sign, card, or
device tending to indicate that the person is a court reporter or
shorthand reporter, unless the person is certified as a shorthand
reporter by the supreme court. Nothing in this subsection shall be
construed to either sanction or prohibit the use of electronic
court recording equipment operated by a noncertified court reporter
pursuant and according to rules adopted or approved by the supreme
court.
(f) Except as provided by Section 154.112 [52.031] and by
Section 20.001, Civil Practice and Remedies Code, all depositions
conducted in this state must be recorded by a certified shorthand
reporter.
(g) The commission [board] may enforce this section by
seeking an injunction or by filing a complaint against a person who
is not certified by the supreme court in the district court of the
county in which that person resides or Travis County. Said action
for an injunction shall be in addition to any other action,
proceeding, or remedy authorized by law. The commission [board]
shall be represented by the attorney general and/or the county or
district attorney of this state, or counsel designated and
empowered by the commission [board].
(h) A court reporting firm shall register with the
commission [board] by completing an application in a form adopted
by the commission [board].
(i) Rules applicable to a court reporter are also applicable
to a court reporting firm. The commission [board] may enforce this
subsection by assessing a reasonable fee against a court reporting
firm. This subsection does not apply to court reporting services
performed outside of this state by a foreign shorthand reporter who
is not certified in this state for use in a court proceeding in this
state, provided that the work resulting from those services is
produced and billed wholly outside of this state.
[Sec. 52.0211. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. (a) Chapter 53, Occupations Code, applies to an
applicant for or a holder of a certification or registration under
this chapter, notwithstanding Section 53.002, Occupations Code.
[(b) The supreme court shall adopt rules necessary to comply
with Chapter 53, Occupations Code.]
Sec. 154.102 [52.022]. APPLICATION FOR EXAMINATION. A
person seeking certification must file an application for
examination with the commission [board] not later than the 30th day
before the date fixed for the examination. The application must be
accompanied by the required fee.
Sec. 154.103 [52.023]. EXAMINATION. (a) The examination
for certification in one or more of the authorized methods of
shorthand reporting consists of two parts, designated Part A and
Part B.
(b) Part A consists of five minutes of two-voice dictation
of questions and answers given at 225 words per minute, five minutes
of dictation of jury charges given at 200 words per minute, and five
minutes of dictation of selected literary material given at 180
words per minute. Each applicant must personally take down the test
material, either in writing or in voice, and must prepare a
transcript of the material taken down. The minimum passing grade
for each section of Part A is 95 percent. A dictionary may be used
during Part A. Each applicant has three hours to complete the
transcription of Part A. If an applicant finishes before the three
hours have elapsed, the applicant may review the transcript but may
use only the test material taken down by that applicant to review
the transcript. An error is charged for:
(1) each wrong word;
(2) each omitted word;
(3) each word added by the applicant that was not
dictated;
(4) each contraction interpreted by the applicant as
two words;
(5) two words interpreted by the applicant as a
contraction;
(6) each misplaced word;
(7) each misplaced period that materially alters the
sense of a group of words or a sentence;
(8) each misspelled word;
(9) the use of the plural or singular if the opposite
was dictated; and
(10) each wrong number.
(c) Part B consists of objective questions relating to
elementary aspects of shorthand reporting, spelling, and grammar.
The minimum passing grade for Part B is 75 percent. A dictionary
may not be used during Part B.
(d) An applicant who cheats on the examination is
disqualified and may not take the examination again until two years
have elapsed from the date of the examination at which the applicant
was disqualified.
[Sec. 52.0231. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes an examination under this
chapter, the board shall notify the person of the results of the
examination.
[(b) If the examination is graded or reviewed by a testing
service:
[(1) the board shall notify the person of the results
of the examination not later than the 30th day after the date the
board receives the results from the testing service; and
[(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
[(c) The board may require a testing service to notify a
person of the results of the person's examination.
[(d) If requested in writing by a person who fails an
examination administered under this chapter, the board shall
furnish the person with an analysis of the person's performance on
the examination.]
Sec. 154.104 [52.024]. CERTIFICATION TO SUPREME COURT.
[(a)] The commission [board] shall certify to the supreme court the
name of each qualified applicant who has passed the examination.
[Sec. 52.0241. RECIPROCAL CERTIFICATION OR CERTIFICATION
BY ENDORSEMENT. (a) The board may waive any prerequisite to
certification for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a license or
certification issued by another jurisdiction that has licensing or
certification requirements substantially equivalent to those of
this state.
[(b) The board may waive any prerequisite to certification
for an applicant who holds a license or certification issued by
another jurisdiction with which this state has a reciprocity
agreement. The board may make an agreement, subject to the approval
of the supreme court, with another state to allow for certification
by reciprocity.]
Sec. 154.105 [52.025]. TITLE; OATHS. (a) On certification,
a shorthand reporter may use the title "Certified Shorthand
Reporter" or the abbreviation "CSR."
(b) A certified shorthand reporter may administer oaths to
witnesses anywhere in this state.
Sec. 154.106 [52.0255]. FIRM REGISTRATION. (a) A
shorthand reporting firm may not assume or use the title or
designation "court recording firm," "court reporting firm," or
"shorthand reporting firm" or any abbreviation, title,
designation, words, letters, sign, card, or device tending to
indicate that the firm is a court reporting firm or shorthand
reporting firm, or offer services as a court reporting firm or
shorthand reporting firm, unless the firm and its affiliate offices
are registered with the commission [board] on a form prescribed by
the commission [board] as required by this subchapter [chapter].
(b) The commission [board] may enforce this section against
a firm, its affiliate office, or both, if the firm or affiliate
office is not registered with the commission [board], by seeking an
injunction or by filing a complaint in the district court of the
county in which the firm or affiliate office is located or in Travis
County. An action for an injunction is in addition to any other
action, proceeding, or remedy authorized by law. The attorney
general, a county or district attorney of this state, or counsel
designated and empowered by the commission [board] shall represent
the commission [board].
Sec. 154.107 [52.026]. CERTIFICATION AND REGISTRATION FEE
AND RENEWAL. (a) A person who receives certification as a
shorthand reporter or a shorthand reporting firm or affiliate
office that registers with the commission [board] must pay the
initial fee and any other required fee before receiving the
certification or registration.
(b) A certification or registration expires at 12:01 a.m. on
January 1 following the second anniversary of the date on which it
was issued unless the certification or registration is renewed.
Thereafter, the certification or registration expires at 12:01 a.m.
of each second January 1 unless renewed.
(c) A person who is otherwise eligible to renew a
certification or registration may renew an unexpired certification
or registration by paying the required renewal fee to the
commission [board] before the expiration date of the certification
or registration. A person whose certification or registration has
expired may not engage in activities that require a certification
or registration until the certification or registration has been
renewed.
(d) A person whose certification or registration has been
expired for 90 days or less may renew the certification or
registration by paying to the commission [board] a renewal fee that
is equal to 1-1/2 times the normally required renewal fee.
(e) A person whose certification or registration has been
expired for more than 90 days but less than one year may renew the
certification or registration by paying to the commission [board] a
renewal fee that is equal to two times the normally required renewal
fee.
(f) A person whose certification or registration has been
expired for one year or more may not renew the certification or
registration. The person may obtain a new certification or
registration by complying with the requirements and procedures,
including the examination requirements, for obtaining an original
certification or registration.
(g) A person who was certified in this state, moved to
another state, and is currently certified and has been in practice
in the other state for the two years preceding the date of
application may obtain a new certification without reexamination.
The person must pay to the commission [board] a fee that is equal to
two times the normally required renewal fee for the certification.
(h) Not later than the 30th day before the date a person's
certification or registration is scheduled to expire, the
commission [board] shall send written notice of the impending
expiration to the person at the person's last known address
according to the records of the commission [board].
Sec. 154.108 [52.0261]. STAGGERED RENEWAL OF CERTIFICATION
OR REGISTRATION. The supreme court by rule may adopt a system under
which certifications or registrations expire on various dates
during the year. For the year in which the certification or
registration expiration date is changed, the commission [board]
shall prorate certification or registration fees on a monthly basis
so that each certification or registration holder pays only that
portion of the certification or registration fee that is allocable
to the number of months during which the certification or
registration is valid. On renewal of the certification or
registration on the new expiration date, the total certification or
registration renewal fee is payable.
Sec. 154.109 [52.027]. COMPLAINT. (a) To file a complaint
against a certified shorthand reporter or a shorthand reporting
firm or affiliate office registered with the commission [board], a
person must:
(1) have personal knowledge of the alleged violation;
(2) complete a complaint form provided by the
commission [board];
(3) sign the completed form; and
(4) attach any pertinent documentary evidence to the
form.
(b) On receipt of a properly executed complaint, the
commission [board] shall furnish a copy of the complaint and any
attachments to the shorthand reporter or shorthand reporting firm
or affiliate office that is the subject of the complaint.
(c) This section does not preclude the commission [board] or
a court of this state from filing a complaint against a certified
shorthand reporter or a shorthand reporting firm. An advisory board
member may recommend to the commission a complaint to be filed
against a certified shorthand reporter or a shorthand reporting
firm or affiliated office registered with the commission.
[Sec. 52.0271. COMPLAINT DISMISSAL. (a) The board may
adopt a policy allowing board employees to dismiss complaints that:
[(1) clearly do not allege misconduct; or
[(2) are not within the board's jurisdiction.
[(b) Board employees shall inform the board of all
dismissals made under this section.
[(c) A person who files a complaint that is dismissed under
this section may request that the board reconsider the complaint.
[Sec. 52.028. NOTICE AND HEARING. (a) If after receiving a
verified complaint the board believes that a hearing on the
complaint is advisable, the board shall set a date for the hearing
not later than the 30th day after the date on which the board
received the complaint.
[(b) Immediately after setting the date for the hearing, the
board shall notify the shorthand reporter or shorthand reporting
firm or affiliate office that is the subject of the complaint. The
notice must state the cause of any contemplated disciplinary action
and the time and place of the hearing. The notice shall be mailed to
the registered address of the shorthand reporter or shorthand
reporting firm or affiliate office not later than the 30th day
before the date on which the hearing is scheduled.
[(c) The chairman or the chairman's designee shall preside
at the hearing.
[(d) At the hearing, the board shall apply the general rules
of evidence applicable in a district court.
[(e) The board shall rule on requests for continuances with
regard to the hearing.
[(f) At the direction of a majority of the board, each board
member may administer oaths, subpoena witnesses and compel their
attendance, take evidence, and require the production of records
relating to a matter within the board's jurisdiction.
[(g) The board shall produce a written summary of the
evidence before it and a written finding of facts. The board shall
forward a copy of its findings of fact and rulings to the
complainant and any aggrieved party.]
Sec. 154.110 [52.029]. DISCIPLINARY ACTIONS AGAINST COURT
REPORTERS. (a) After receiving a complaint and giving the
certified shorthand reporter notice and an opportunity for a
hearing as prescribed by Subchapter B, Chapter 153 [Section
52.028], the commission [board] shall revoke, suspend, or refuse to
renew the shorthand reporter's certification or issue a reprimand
to the reporter for:
(1) fraud or corruption;
(2) dishonesty;
(3) wilful or negligent violation or failure of duty;
(4) incompetence;
(5) fraud or misrepresentation in obtaining
certification;
(6) a final conviction of a felony or misdemeanor that
directly relates to the duties and responsibilities of a certified
court reporter, as determined by supreme court rules [adopted under
Section 52.0211];
(7) engaging in the practice of shorthand reporting
using a method for which the reporter is not certified;
(8) engaging in the practice of shorthand reporting
while certification is suspended;
(9) unprofessional conduct, including giving directly
or indirectly, benefiting from, or being employed as a result of any
gift, incentive, reward, or anything of value to attorneys,
clients, or their representatives or agents, except for nominal
items that do not exceed $100 in the aggregate for each recipient
each year;
(10) entering into or providing services under a
prohibited contract described by Section 154.115 [52.034];
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle [chapter]; or
(12) other sufficient cause.
(b) The commission [board] may suspend the certification:
(1) for a designated period of time not to exceed 12
months;
(2) until the person corrects the deficiencies that
were the grounds for the suspension; or
(3) until the person complies with any conditions
imposed by the commission [board] to ensure the person's future
performance as a shorthand reporter.
(c) A suspended shorthand reporter may apply for
reinstatement by presenting proof that:
(1) the designated time has expired;
(2) the person has corrected the deficiencies; or
(3) the person has complied with the conditions
imposed by the commission [board].
(d) On its own motion, the commission [board] may conduct a
hearing to inquire into a suspension. If the commission [board]
finds 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 [board], the commission [board] may
revoke the person's certification.
(e) The supreme court may authorize and the commission
[board] may adopt rules relating to the nonrenewal of the
certification of a court reporter who is in default on a loan
guaranteed under Chapter 57, Education Code, by the Texas
Guaranteed Student Loan Corporation.
(f) The commission [board] may place on probation a person
whose certification is suspended. If a certification suspension is
probated, the commission [board] may require the person to:
(1) report regularly to the commission [board] on
matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the
commission [board]; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the commission
[board] in those areas that are the basis of the probation.
Sec. 154.111 [52.0295]. DISCIPLINARY ACTIONS AGAINST
FIRMS. (a) After receiving a complaint and giving the shorthand
reporting firm or affiliate office notice and an opportunity for a
hearing as prescribed by Subchapter B, Chapter 153 [Section
52.028], the commission [board] shall reprimand, assess a
reasonable fine against, or suspend, revoke, or refuse to renew the
registration of a shorthand reporting firm or affiliate office for:
(1) fraud or corruption;
(2) dishonesty;
(3) conduct on the part of an officer, director, or
managerial employee of the shorthand reporting firm or affiliate
office if the officer, director, or managerial employee orders,
encourages, or permits conduct that the officer, director, or
managerial employee knows or should have known violates this
subtitle [chapter];
(4) conduct on the part of an officer, director, or
managerial employee or agent of the shorthand reporting firm or
affiliate office who has direct supervisory authority over a person
for whom the officer, director, employee, or agent knows or should
have known violated this subtitle [chapter] and knowingly fails to
take reasonable remedial action to avoid or mitigate the
consequences of the person's actions;
(5) fraud or misrepresentation in obtaining
registration;
(6) a final conviction of an officer, director, or
managerial employee of a shorthand reporting firm or affiliate
office for a felony or misdemeanor that is directly related to the
provision of court reporting services, as determined by supreme
court rules [adopted under Section 52.0211];
(7) engaging the services of a reporter that the
shorthand reporting firm or affiliate office knew or should have
known was using a method for which the reporter is not certified;
(8) knowingly providing court reporting services
while the shorthand reporting firm's or affiliate office's
registration is suspended or engaging the services of a shorthand
reporter whose certification the shorthand reporting firm or
affiliate office knew or should have known was suspended;
(9) unprofessional conduct, including a pattern of
giving directly or indirectly or benefiting from or being employed
as a result of giving any gift, incentive, reward, or anything of
value to attorneys, clients, or their representatives or agents,
except for nominal items that do not exceed $100 in the aggregate
for each recipient each year;
(10) entering into or providing services under a
prohibited contract described by Section 154.115 [52.034];
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle [chapter]; or
(12) other sufficient cause.
(b) Nothing in Subsection (a)(9) shall be construed to
define providing value-added business services, including
long-term volume discounts, such as the pricing of products and
services, as prohibited gifts, incentives, or rewards.
(c) The commission [board] may suspend the registration of a
shorthand reporting firm or affiliate office:
(1) for a designated period of time;
(2) until the shorthand reporting firm or affiliate
office corrects the deficiencies that were the grounds for the
suspension; or
(3) until the shorthand reporting firm or affiliate
office complies with any conditions imposed by the commission
[board] to ensure the shorthand reporting firm's or affiliate
office's future performance.
(d) A shorthand reporting firm or affiliate office whose
registration is suspended may apply for reinstatement by presenting
proof that:
(1) the designated time has expired;
(2) the shorthand reporting firm or affiliate office
has corrected the deficiencies; or
(3) the shorthand reporting firm or affiliate office
has complied with the conditions imposed by the commission [board].
(e) On its own motion, the commission [board] may conduct a
hearing to inquire into a suspension. If the commission [board]
finds that a shorthand reporting firm or affiliate office has not
corrected the deficiencies that were the grounds for the suspension
or has not complied with the conditions imposed by the commission
[board], the commission [board] may revoke the registration of the
shorthand reporting firm or affiliate office.
(f) The commission [board] may place on probation a
shorthand reporting firm or affiliate office whose registration is
suspended. If a registration suspension is probated, the
commission [board] may require the firm or office to:
(1) report regularly to the commission [board] on
matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the
commission [board]; or
(3) through its officers, directors, managerial
employees, or agents, continue or review professional education
until those persons attain a degree of skill satisfactory to the
commission [board] in those areas that are the basis of the
probation.
[Sec. 52.030. APPEAL OF DISCIPLINARY ACTION. An aggrieved
court reporter or shorthand reporting firm or affiliate office may
appeal a disciplinary action of the board to a district court in the
county of the court reporter's residence or the county in which the
shorthand reporting firm or affiliate office is located or in
Travis County. The appeal shall be by trial de novo, with or
without a jury. If the aggrieved person is the official or deputy
court reporter of the court in which the appeal will be heard or if
the shorthand reporting firm or affiliate office provides the
official or deputy court reporter of the court in which the appeal
will be heard, the presiding judge of the administrative judicial
region shall appoint the judge of another court or a retired judge
to hear and determine the complaint.]
Sec. 154.112 [52.031]. EMPLOYMENT OF NONCERTIFIED
SHORTHAND REPORTERS. (a) A noncertified shorthand reporter may be
employed until a certified shorthand reporter is available.
(b) A noncertified shorthand reporter may report an oral
deposition only if:
(1) the noncertified shorthand reporter delivers an
affidavit to the parties or to their counsel present at the
deposition stating that a certified shorthand reporter is not
available; or
(2) the parties or their counsel stipulate on the
record at the beginning of the deposition that a certified
shorthand reporter is not available.
(c) This section does not apply to a deposition taken
outside this state for use in this state.
Sec. 154.113 [52.032]. CRIMINAL PENALTY. (a) Except as
provided by Section 154.112 [52.031], a person commits an offense
if the person engages in shorthand reporting in violation of
Section 154.101 [52.021 of this code]. Each day of violation
constitutes a separate offense.
(b) An offense under this section is a Class A misdemeanor.
[Sec. 52.0321. ADMINISTRATIVE PENALTY. (a) The board may
assess an administrative penalty against a person who violates this
chapter or a rule or provision of the code of ethics adopted under
this chapter.
[(b) In determining the amount of an administrative penalty
assessed under this section, the board shall consider:
[(1) the seriousness of the violation;
[(2) the history of previous violations;
[(3) the amount necessary to deter future violations;
[(4) efforts made to correct the violation; and
[(5) any other matters that justice may require.]
Sec. 154.114 [52.033]. EXEMPTIONS. This chapter does not
apply to:
(1) a party to the litigation involved;
(2) the attorney of the party; or
(3) a full-time employee of a party or a party's
attorney.
Sec. 154.115 [52.034]. PROHIBITED CONTRACTS. (a) A court
reporter may not enter into or provide services under any
contractual agreement, written or oral, exclusive or nonexclusive,
that:
(1) undermines the impartiality of the court reporter;
(2) requires a court reporter to relinquish control of
an original deposition transcript and copies of the transcript
before it is certified and delivered to the custodial attorney;
(3) requires a court reporter to provide any service
not made available to all parties to an action; or
(4) gives or appears to give an exclusive advantage to
any party.
(b) This section does not apply to a contract for court
reporting services for a court, agency, or instrumentality of the
United States or this state.
SECTION 1.05. Chapter 111, Government Code, is transferred
to Subtitle K, Title 2, Government Code, as added by this Act,
redesignated as Chapter 155, Government Code, and amended to read
as follows:
CHAPTER 155 [111]. GUARDIANSHIP CERTIFICATION [BOARD]
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 155.001 [111.001]. DEFINITIONS. In this chapter:
(1) "Advisory board" ["Administrative director" means
the administrative director of the courts as appointed by Chapter
72.
[(2) "Board"] means the Guardianship Certification
Advisory Board.
(2) [(3)] "Corporate fiduciary" has the meaning
assigned by Section 601, Texas Probate Code.
(3) [(4) "Director" means the administrative officer
of the board, as provided by Section 111.021.
[(5)] "Guardian" has the meaning assigned by Section
601, Texas Probate Code.
(4) [(6)] "Guardianship program" means a local,
county, or regional program that provides guardianship and related
services to an incapacitated person or other person who needs
assistance in making decisions concerning the person's own welfare
or financial affairs.
(5) [(7)] "Incapacitated person" has the meaning
assigned by Section 601, Texas Probate Code.
(6) [(8) "Office of Court Administration" means the
Office of Court Administration of the Texas Judicial System.
[(9)] "Private professional guardian" means a person,
other than an attorney or a corporate fiduciary, who is engaged in
the business of providing guardianship services.
(7) [(10)] "Ward" has the meaning assigned by Section
601, Texas Probate Code.
Sec. 155.002 [111.002]. RULES. The supreme court may adopt
rules consistent with this chapter, including rules governing the
certification of individuals providing guardianship services.
[Sec. 111.003. SUNSET PROVISION. The board is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the board is abolished and
this chapter expires September 1, 2015.]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 155.051 [111.011]. ADVISORY BOARD. (a) The
Guardianship Certification Advisory Board is established as an
advisory board to the commission. The advisory board is composed of
at least five members appointed by the supreme court[:
[(1) 11 members appointed by the supreme court; and
[(2) four public members appointed by the supreme
court from a list of nominees submitted by the governor].
(b) [The supreme court shall appoint members under
Subsection (a)(1) from the different geographical areas of this
state.
[(c) In making an appointment under Subsection (a)(2), the
supreme court may reject one or more of the nominees on a list
submitted by the governor and request a new list of different
nominees.
[(d) To be eligible for appointment to the board other than
as a public member, an individual must have demonstrated experience
working with:
[(1) a guardianship program;
[(2) an organization that advocates on behalf of or in
the interest of elderly individuals;
[(3) an organization that advocates on behalf of or in
the interest of individuals with mental illness or mental
retardation or individuals with physical disabilities; or
[(4) incapacitated individuals.
[(e) The public members of the board must be:
[(1) caretakers of individuals with mental illness or
mental retardation or individuals with physical disabilities; or
[(2) persons who advocate on behalf of or in the
interest of individuals with mental illness or mental retardation
or individuals with physical disabilities.
[(f)] Appointments to the advisory board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
(c) The supreme court shall appoint a presiding officer of
the advisory board from among the advisory board members to serve
for two years.
(d) A majority of the advisory board constitutes a quorum.
(e) Advisory board [(g) The] members [of the board] serve
for staggered six-year terms as ordered by the supreme court[, with
the terms of one-third of the members expiring on February 1 of each
odd-numbered year]. Advisory board [Board] members serve without
compensation but are entitled to reimbursement for travel expenses
and other actual and necessary expenses incurred in the performance
of official advisory board duties, as provided by the General
Appropriations Act.
[(h) The board shall elect from among its members a
presiding officer and other officers considered necessary.
[(i) The board shall meet at least quarterly at the call of
the presiding officer.
[(j) Any action taken by the board must be approved by a
majority vote of the members present.
[Sec. 111.012. ADMINISTRATIVE ATTACHMENT. (a) The board is
administratively attached to the Office of Court Administration.
[(b) Notwithstanding any other law, the Office of Court
Administration shall:
[(1) provide administrative assistance, services, and
materials to the board, including budget planning and purchasing;
[(2) accept, deposit, and disburse money made
available to the board;
[(3) pay the salaries and benefits of the director;
[(4) reimburse the travel expenses and other actual
and necessary expenses of the director incurred in the performance
of a function of the board, as provided by the General
Appropriations Act;
[(5) reimburse the travel expenses and other actual
and necessary expenses of board members incurred in the performance
of official board duties, as provided by the General Appropriations
Act; and
[(6) provide the board with adequate computer
equipment and support.
[Sec. 111.013. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the board if the
person or the person's spouse:
[(1) is certified by the board;
[(2) is registered, certified, or licensed by a
regulatory agency in the field of guardianship;
[(3) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving money from the Office of Court Administration;
[(4) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving money from the
Office of Court Administration; or
[(5) uses or receives a substantial amount of tangible
goods, services, or funds from the Office of Court Administration.
[Sec. 111.014. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
[(b) A person may not be a member of the board or may not be
the director in a "bona fide executive, administrative, or
professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
if:
[(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of
guardianship; or
[(2) the person's spouse is an officer, manager, or
paid consultant of a Texas trade association in the field of
guardianship.
[(c) A person may not be a member of the board if the person
is required to register as a lobbyist under Chapter 305 because of
the person's activities for compensation on behalf of a profession
related to the operation of the board.
[Sec. 111.015. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
ground for removal from the board that a member:
[(1) does not have at the time of appointment the
qualifications required by Section 111.011;
[(2) does not maintain during service on the board the
qualifications required by Section 111.011;
[(3) is ineligible for membership under Section
111.013 or 111.014;
[(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
[(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
[(b) The validity of an action of the board is not affected
by the fact that it is taken when a ground for removal of a board
member exists.
[(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the board of the potential ground. The presiding officer shall
then notify the chief justice of the supreme court that a potential
ground for removal exists. If the potential ground for removal
involves the presiding officer, the director shall notify the next
highest ranking officer of the board, who shall then notify the
chief justice of the supreme court that a potential ground for
removal exists.
[Sec. 111.016. POWERS AND DUTIES OF BOARD. (a) The board
is charged with the executive functions necessary to carry out the
purposes of this chapter under rules adopted by the supreme court.
[(b) The board shall:
[(1) administer and enforce this chapter;
[(2) develop and recommend proposed rules and
procedures to the supreme court as necessary to implement this
chapter;
[(3) set the amount of each fee prescribed by Section
111.042, subject to the approval of the supreme court;
[(4) establish the qualifications for obtaining:
[(A) certification or recertification under
Section 111.042; and
[(B) provisional certification under Section
111.0421;
[(5) issue certificates to:
[(A) individuals who meet the certification
requirements of Section 111.042; and
[(B) individuals who meet the provisional
certification requirements of Section 111.0421; and
[(6) perform any other duty required by this chapter
or other law.
[(c) The board may appoint any necessary or proper
subcommittee.
[(d) The board shall maintain:
[(1) a complete record of each board proceeding; and
[(2) a complete record of each certification,
including a provisional certificate, issued, renewed, suspended,
or revoked under this chapter.]
Sec. 155.052 [111.017]. TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the advisory
board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the advisory board until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the role and functions of the advisory board; and
(3) [the current budget for the board;
[(4) the results of the most recent formal audit of the
board; and
[(5)] any applicable ethics policies adopted by the
commission [board].
[Sec. 111.018. USE OF TECHNOLOGY. The Office of Court
Administration shall research and propose appropriate
technological solutions to improve the board's ability to perform
its functions. The technological solutions must:
[(1) ensure that the public is able to easily find
information about the board on the Internet;
[(2) ensure that persons who want to use the board's
services are able to:
[(A) interact with the board through the
Internet; and
[(B) access any service that can be provided
effectively through the Internet; and
[(3) be cost-effective and developed through the
board's planning processes.
[Sec. 111.019. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) The board shall develop and implement a policy to encourage the
use of appropriate alternative dispute resolution procedures to
assist in the resolution of internal and external disputes under
the board's jurisdiction.
[(b) The procedures relating to alternative dispute
resolution under this section must conform, to the extent possible,
to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
[Sec. 111.020. PUBLIC ACCESS. The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
[Sec. 111.021. DIRECTOR. (a) The administrative director
shall employ a director from a list of candidates submitted by the
board. The administrative director may request an additional list
of candidates if the administrative director does not select any of
the initial candidates recommended by the board.
[(b) The list may contain the hiring preference of the
board.
[(c) The director is the administrative officer of the board
and is charged with carrying out the duties and functions conferred
on the director by the board, this subchapter, and other law.
[Sec. 111.022. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the director.
[Sec. 111.023. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The director shall provide to members of the board, as
often as necessary, information regarding the requirements for
office under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers.]
SUBCHAPTER C. REGULATION OF CERTAIN GUARDIANS
Sec. 155.101 [111.041]. STANDARDS FOR CERTAIN
GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP. (a) The
commission [board] shall adopt minimum standards for:
(1) the provision of guardianship services or other
similar but less restrictive types of assistance or services by:
(A) guardianship programs; and
(B) private professional guardians; and
(2) the provision of guardianship services by the
Department of Aging and Disability Services.
(b) The commission [board] shall design the standards to
protect the interests of an incapacitated person or other person
needing assistance making decisions concerning the person's own
welfare or financial affairs.
Sec. 155.102 [111.042]. CERTIFICATION REQUIRED FOR CERTAIN
GUARDIANS. (a) To provide guardianship services in this state, the
following individuals must hold a certificate issued under this
section:
(1) an individual who is a private professional
guardian;
(2) an individual who will provide those services to a
ward of a private professional guardian on the guardian's behalf;
and
(3) an individual, other than a volunteer, who will
provide those services or other services under Section 161.114,
Human Resources Code, to a ward of a guardianship program or the
Department of Aging and Disability Services on the program's or
department's behalf.
(b) An applicant for a certificate under this section must:
(1) apply to the commission [board] on a form
prescribed by the commission [board]; and
(2) submit with the application a nonrefundable
application fee in an amount determined by the commission [board],
subject to the approval of the supreme court.
(c) The supreme court may adopt rules and procedures for
issuing a certificate and for renewing, suspending, or revoking a
certificate issued under this section. Any rules adopted by the
supreme court under this section must:
(1) ensure compliance with the standards adopted under
Section 155.101 [111.041];
(2) provide that the commission [board] establish
qualifications for obtaining and maintaining certification;
(3) provide that the commission [board] issue
certificates under this section;
(4) provide that a certificate expires on the second
anniversary of the date the certificate is issued;
(5) prescribe procedures for accepting complaints and
conducting investigations of alleged violations of the minimum
standards adopted under Section 155.101 [111.041] or other terms of
the certification by certificate holders; and
(6) prescribe procedures by which the commission
[board], after notice and hearing, may suspend or revoke the
certificate of a holder who fails to substantially comply with
appropriate standards or other terms of the certification.
(d) If the requirements for issuing a certificate under this
section include passage of an examination covering guardianship
education requirements:
(1) the commission [board] shall develop and the
director shall administer the examination; or
(2) the commission [board] shall direct the director
to contract with another person or entity the commission [board]
determines has the expertise and resources to develop and
administer the examination.
(e) In lieu of the certification requirements imposed under
this section, the commission [board] may issue a certificate to an
individual to engage in business as a guardian or to provide
guardianship services in this state if the individual:
(1) submits an application to the commission [board]
in the form prescribed by the commission [board];
(2) pays a fee in a reasonable amount determined by the
commission [board], subject to the approval of the supreme court;
(3) is certified, registered, or licensed as a
guardian by a national organization or association the commission
[board] determines has requirements at least as stringent as those
prescribed by the commission [board] under this subchapter; and
(4) is in good standing with the organization or
association with whom the person is licensed, certified, or
registered.
(f) An employee of the Department of Aging and Disability
Services who is applying for a certificate under this section to
provide guardianship services to a ward of the department is exempt
from payment of an application fee required by this section.
(g) An application fee or other fee collected under this
section shall be deposited to the credit of the guardianship
certification account in the general revenue fund and may be
appropriated only to the office [Office of Court Administration]
for the administration and enforcement of this chapter.
[(h) The Texas Department of Licensing and Regulation shall
advise and assist the board as necessary in administering the
certification process established under this section.]
Sec. 155.103 [111.0421]. PROVISIONAL CERTIFICATE. (a)
Notwithstanding Section 155.102(a) [111.042(a)], the commission
[board] may issue a provisional certificate to an individual who:
(1) does not meet the qualifications for obtaining
certification under Section 155.102 [111.042]; and
(2) possesses the qualifications for provisional
certification required by rules adopted by the supreme court.
(b) An individual who holds a provisional certificate may
provide guardianship services in this state only under the
supervision of an individual certified under Section 155.102
[111.042].
(c) The supreme court may adopt rules and procedures for
issuing a provisional certificate under this section that, at a
minimum, must:
(1) ensure compliance with the standards adopted under
Section 155.101 [111.041]; and
(2) provide that the commission [board] establishes
qualifications for obtaining and maintaining the certification.
Sec. 155.104 [111.043]. INFORMATION FROM PRIVATE
PROFESSIONAL GUARDIANS. In addition to the information submitted
under Section 697(e), Texas Probate Code, the director may require
a private professional guardian or a person who represents or plans
to represent the interests of a ward as a guardian on behalf of the
private professional guardian to submit information considered
necessary to monitor the person's compliance with the applicable
standards adopted under Section 155.101 [111.041] or with the
certification requirements of Section 155.102 [111.042].
Sec. 155.105 [111.044]. ANNUAL DISCLOSURE. (a) Not later
than January 31 of each year, each guardianship program shall
provide to the commission [board] a report containing for the
preceding year:
(1) the number of wards served by the guardianship
program reported by county in which the application to create a
guardianship for the ward is filed and the total number of wards
served by the guardianship program;
(2) the name, business address, and business telephone
number of each individual employed by or volunteering or
contracting with the guardianship program to provide guardianship
services to a ward or proposed ward of the program;
(3) the name of each county in which an individual
described by Subdivision (2) provides or is authorized to provide
guardianship services;
(4) the total amount of money received from this state
for the provision of guardianship services; and
(5) the amount of money received from any other public
source, including a county or the federal government, for the
provision of guardianship services, reported by source, and the
total amount of money received from those public sources.
(b) Not later than January 31 of each year, each private
professional guardian shall provide to the commission [board] a
report containing for the preceding year:
(1) the number of wards served by the private
professional guardian reported by county in which the application
to create a guardianship for the ward is filed and the total number
of wards served by the private professional guardian;
(2) the name, business address, and business telephone
number of each individual who provides guardianship services to a
ward of the private professional guardian on behalf of the private
professional guardian;
(3) the total amount of money received from this state
for the provision of guardianship services; and
(4) the amount of money received from any other public
source, including a county or the federal government, for the
provision of guardianship services, reported by source, and the
total amount of money received from those public sources.
(c) A private professional guardian shall submit with the
report required under Subsection (b) a copy of the guardian's
application for a certificate of registration required by Section
697(a), Texas Probate Code.
SECTION 1.06. Subtitle K, Title 2, Government Code, as
added by this Act, is amended by adding Chapter 156 to read as
follows:
CHAPTER 156. PROCESS SERVER CERTIFICATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 156.001. DEFINITION. In this chapter, "advisory
board" means the Process Server Certification Advisory Board.
SUBCHAPTER B. PROCESS SERVER CERTIFICATION ADVISORY BOARD
Sec. 156.051. ORGANIZATION. (a) The Process Server
Certification Advisory Board is established as an advisory board to
the commission. The advisory board is composed of at least five
members appointed by the supreme court.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(c) The supreme court shall appoint a presiding officer of
the advisory board from among the advisory board members to serve
for two years.
(d) A majority of the advisory board constitutes a quorum.
(e) Advisory board members serve staggered six-year terms
as ordered by the supreme court.
(f) If a vacancy occurs on the advisory board, the supreme
court shall appoint a person to serve the remainder of the term.
(g) Advisory board members serve without compensation but
are entitled to reimbursement for travel expenses and other actual
and necessary expenses incurred in the performance of official
advisory board duties, as provided by the General Appropriations
Act.
SECTION 1.07. Section 51.008, Government Code, is
transferred to Subchapter B, Chapter 156, Government Code, as added
by this Act, redesignated as Section 156.052, Government Code, and
amended to read as follows:
Sec. 156.052 [51.008]. FEES FOR PROCESS SERVER
CERTIFICATION. (a) The commission [process server review board
established by supreme court order] may recommend to the supreme
court the fees to be charged for process server certification and
renewal of certification. The supreme court must approve the fees
recommended by the commission [process server review board] before
the fees may be collected.
(b) If a certification is issued or renewed for a term that
is less than the certification period provided by supreme court
rule, the fee for the certification shall be prorated so that the
process server pays only that portion of the fee that is allocable
to the period during which the certification is valid. On renewal
of the certification on the new expiration date, the process server
must pay the entire certification renewal fee.
(c) The office [Office of Court Administration of the Texas
Judicial System] may collect the fees recommended by the commission
[process server review board] and approved by the supreme court.
Fees collected under this section shall be sent to the comptroller
for deposit to the credit of the general revenue fund.
(d) Fees collected under this section may be appropriated to
the office [Office of Court Administration of the Texas Judicial
System] for the support of regulatory programs for process servers,
guardians, and court reporters.
SECTION 1.08. Subchapter C, Chapter 57, Government Code, is
transferred to Subtitle K, Title 2, Government Code, as added by
this Act, redesignated as Chapter 157, Government Code, and amended
to read as follows:
CHAPTER 157 [SUBCHAPTER C]. COURT INTERPRETERS LICENSING [FOR
INDIVIDUALS WHO DO NOT COMMUNICATE IN ENGLISH]
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 157.001 [57.041]. DEFINITIONS. In this chapter
[subchapter]:
(1) "Advisory board" ["Board"] means the licensed
court interpreter advisory board.
(2) ["Commission" means the Texas Commission of
Licensing and Regulation.
[(4) "Department" means the Texas Department of
Licensing and Regulation.
[(4-a) "Executive director" means the executive
director of the department.
[(5)] "Licensed court interpreter" means an
individual licensed under this chapter by the commission to
interpret court proceedings for an individual who can hear but who
does not comprehend English or communicate in English [has the
meaning assigned by Section 57.001].
SUBCHAPTER B. LICENSED COURT INTERPRETER ADVISORY BOARD
Sec. 157.051 [57.042]. LICENSED COURT INTERPRETER ADVISORY
BOARD. (a) The licensed court interpreter advisory board is
established as an advisory board to the commission. The advisory
board is composed of at least five [nine] members appointed by the
supreme court [presiding officer of the commission, with the
commission's approval]. Members of the advisory board serve
staggered six-year terms as ordered by the supreme court[, with the
terms of one-third of the members expiring on February 1 of each
odd-numbered year].
(b) [The advisory board is composed of:
[(1) an active district, county, or statutory county
court judge who has been a judge for at least the three years
preceding the date of appointment;
[(2) an active court administrator who has been a
court administrator for at least the three years preceding the date
of appointment;
[(3) an active attorney who has been a practicing
member of the state bar for at least the three years preceding the
date of appointment;
[(4) three active licensed court interpreters; and
[(5) three public members who are residents of this
state.
[(c)] The supreme court [presiding officer of the
commission, with the commission's approval,] shall select from the
advisory board members a presiding officer of the advisory board to
serve for two years.
(c) [(d)] Members shall be appointed without regard to
race, color, disability, sex, religion, age, or national [ethnic]
origin. The membership of the advisory board must reflect the
geographical and cultural diversity of the state.
(d) [(e)] The supreme court [presiding officer of the
commission, with the commission's approval,] may remove a member of
the advisory board for inefficiency or neglect of duty in office[.
If a vacancy occurs on the board, the presiding officer of the
commission, with the commission's approval, shall appoint a member
who represents the same interests as the former member to serve the
unexpired term].
(e) [(f) The board shall meet at least twice a year at the
call of the presiding officer at a place designated by the presiding
officer.] A majority of the advisory board constitutes a quorum.
(f) [(g)] The advisory board shall advise the commission
regarding the adoption of rules and the design of a licensing
examination.
(g) An advisory [(h) A] board member is entitled to
reimbursement for travel expenses and other actual and necessary
expenses incurred in attending meetings of the advisory board in
the amount of the per diem set by the General Appropriations Act. A
member may not receive compensation for the member's services as an
advisory [a] board member. [Service on the board by a member
appointed under Subsection (b)(1) is an additional duty required by
the member's other official capacity, and that service on the board
is not a dual office holding.]
SUBCHAPTER C. LICENSE ISSUANCE
Sec. 157.101 [57.043]. ISSUANCE OF LICENSE; TERM. (a) The
[executive] director shall issue a court interpreter license to an
applicant who:
(1) can interpret for an individual who can hear but
who does not comprehend English or communicate in English;
(2) passes the appropriate examination prescribed by
the commission [executive director] not earlier than two years
before the date the [executive] director receives the applicant's
application for a license; and
(3) possesses the other qualifications for the license
required by this chapter [subchapter] or by rules adopted under
this chapter [subchapter].
(b) The commission shall adopt rules relating to licensing
under this chapter. The rules must be approved by the supreme
court. The [subchapter and the executive] director shall prescribe
all forms required under this chapter [subchapter].
(c) A license issued under this chapter [subchapter] is
valid for one year from the date of issuance.
(d) A license issued under this chapter [subchapter] must
include at least one of the following designations:
(1) a basic designation that permits the interpreter
to interpret court proceedings in justice courts and municipal
courts that are not municipal courts of record, other than a
proceeding before the court in which the judge is acting as a
magistrate; or
(2) a master designation that permits the interpreter
to interpret court proceedings in all courts in this state,
including justice courts and municipal courts described by
Subdivision (1).
(e) In adopting rules relating to licensing under this
subchapter, the commission shall, after consulting with the
advisory board, prescribe the minimum score an individual must
achieve on an examination to receive a license that includes a basic
designation under Subsection (d) and the minimum score an
individual must achieve to receive a license that includes a master
designation under that subsection.
Sec. 157.102 [57.044]. COURT INTERPRETER LICENSE. To
qualify for a court interpreter license under this chapter
[subchapter], an individual must apply on a form prescribed by the
commission [executive director] and demonstrate, in the manner
required by the [executive] director, reasonable proficiency in
interpreting English and court proceedings for individuals who can
hear but who do not comprehend English or communicate in English.
[Sec. 57.045. FEES. The commission by rule shall set
license and examination fees under this subchapter.]
Sec. 157.103 [57.046]. EXAMINATIONS. (a) The [executive]
director shall prepare examinations under this chapter
[subchapter] that test an applicant's knowledge, skill, and
efficiency in interpreting under this chapter [subchapter]. The
same examinations must be used for issuing a license that includes a
basic designation or master designation as described by Section
157.101(d) [57.043(d)].
(b) An individual who fails an examination may apply for
reexamination at a scheduled examination held at least six months
after the date the individual failed the original examination.
(c) Examinations shall be offered in the state at least
twice a year at times and places designated by the [executive]
director.
Sec. 157.104 [57.047]. COMMISSION [DEPARTMENT] DUTIES;
INSPECTIONS. (a) The commission [executive director] shall
enforce this chapter [subchapter].
(b) The commission [department] shall investigate
allegations of violations of this chapter [subchapter].
Sec. 157.105 [57.048]. SUSPENSION AND REVOCATION OF
LICENSES; REISSUANCE. (a) After a hearing, the commission shall
suspend or revoke a court interpreter license on a finding that the
individual:
(1) made a material misstatement in an application for
a license;
(2) disregarded or violated this chapter [subchapter]
or a rule adopted under this chapter [subchapter]; or
(3) engaged in dishonorable or unethical conduct
likely to deceive, defraud, or harm the public or a person for whom
the interpreter interprets.
(b) The commission [executive director] may reissue a
license to an individual whose license has been revoked if the
individual applies in writing to the department and shows good
cause to justify reissuance of the license.
Sec. 157.106 [57.049]. PROHIBITED ACTS. A person may not
advertise, represent to be, or act as a licensed court interpreter
unless the person holds an appropriate license under this chapter
[subchapter].
Sec. 157.107 [57.050]. OFFENSE; ADMINISTRATIVE PENALTY.
(a) A person commits an offense if the person violates this chapter
[subchapter] or a rule adopted under this chapter [subchapter]. An
offense under this subsection is a Class A misdemeanor.
(b) A person who violates this chapter [subchapter] or a
rule adopted under this chapter [subchapter] is subject to an
administrative penalty assessed by the commission as provided by
Chapter 153 [Subchapter F, Chapter 51, Occupations Code].
[Sec. 57.051. SUNSET. The licensed court interpreter
advisory board is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished and this subchapter expires
September 1, 2017.]
ARTICLE 2. CONFORMING CHANGES
SECTION 2.01. Article 38.30(a-1), Code of Criminal
Procedure, is amended to read as follows:
(a-1) A qualified telephone interpreter may be sworn to
interpret for the person in the trial of a Class C misdemeanor or a
proceeding before a magistrate if an interpreter is not available
to appear in person before the court or if the only available
interpreter is not considered to possess adequate interpreting
skills for the particular situation or is unfamiliar with the use of
slang. In this subsection, "qualified telephone interpreter" means
a telephone service that employs:
(1) licensed court interpreters as defined by Section
157.001 [57.001], Government Code; or
(2) federally certified court interpreters.
SECTION 2.02. Section 61.0513, Education Code, is amended
to read as follows:
Sec. 61.0513. COURT REPORTER PROGRAMS. The board may not
certify a court reporter program under Section 61.051(f) [of this
code] unless the program has received approval from the Judicial
Branch [Court Reporters] Certification Commission [Board].
SECTION 2.03. Section 132.055(b)(1), Education Code, is
amended to read as follows:
(1) The programs, curriculum, and instruction are of
such quality, content, and length as may reasonably and adequately
achieve the stated objective for which the programs, curriculum, or
instruction is offered. Before a career school or college conducts
a program of instruction in court reporting, the school or college
must produce evidence that the school or college has obtained
approval for the curriculum from the Judicial Branch [Court
Reporters] Certification Commission [Board].
SECTION 2.04. Section 1002.014, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1002.014. GUARDIANSHIP CERTIFICATION PROGRAM OF THE
JUDICIAL BRANCH CERTIFICATION COMMISSION [BOARD]. "Guardianship
certification program of the Judicial Branch Certification
Commission" ["Guardianship Certification Board"] means the program
[Guardianship Certification Board] established under Chapter 155
[111], Government Code.
SECTION 2.05. Section 1002.016, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1002.016. GUARDIANSHIP PROGRAM. "Guardianship
program" has the meaning assigned by Section 155.001 [111.001],
Government Code.
SECTION 2.06. Section 1002.025, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN. "Private
professional guardian" has the meaning assigned by Section 155.001
[111.001], Government Code.
SECTION 2.07. Section 1101.001(b), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(b) The application must be sworn to by the applicant and
state:
(1) the proposed ward's name, sex, date of birth, and
address;
(2) the name, relationship, and address of the person
the applicant seeks to have appointed as guardian;
(3) whether guardianship of the person or estate, or
both, is sought;
(4) the nature and degree of the alleged incapacity,
the specific areas of protection and assistance requested, and the
limitation or termination of rights requested to be included in the
court's order of appointment, including a termination of:
(A) the right of a proposed ward who is 18 years
of age or older to vote in a public election; and
(B) the proposed ward's eligibility to hold or
obtain a license to operate a motor vehicle under Chapter 521,
Transportation Code;
(5) the facts requiring the appointment of a guardian;
(6) the interest of the applicant in the appointment
of a guardian;
(7) the nature and description of any kind of
guardianship existing for the proposed ward in any other state;
(8) the name and address of any person or institution
having the care and custody of the proposed ward;
(9) the approximate value and description of the
proposed ward's property, including any compensation, pension,
insurance, or allowance to which the proposed ward may be entitled;
(10) the name and address of any person whom the
applicant knows to hold a power of attorney signed by the proposed
ward and a description of the type of power of attorney;
(11) for a proposed ward who is a minor, the following
information if known by the applicant:
(A) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(B) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased; and
(C) if each of the proposed ward's parents and
siblings are deceased, the names and addresses of the proposed
ward's next of kin who are adults;
(12) for a proposed ward who is a minor, whether the
minor was the subject of a legal or conservatorship proceeding in
the preceding two years and, if so:
(A) the court involved;
(B) the nature of the proceeding; and
(C) any final disposition of the proceeding;
(13) for a proposed ward who is an adult, the following
information if known by the applicant:
(A) the name of the proposed ward's spouse, if
any, and either the spouse's address or that the spouse is deceased;
(B) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(C) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased;
(D) the name and age of each of the proposed
ward's children, if any, and either the child's address or that the
child is deceased; and
(E) if there is no living spouse, parent, adult
sibling, or adult child of the proposed ward, the names and
addresses of the proposed ward's next of kin who are adults;
(14) facts showing that the court has venue of the
proceeding; and
(15) if applicable, that the person whom the applicant
seeks to have appointed as a guardian is a private professional
guardian who is certified under Subchapter C, Chapter 155 [111],
Government Code, and has complied with the requirements of
Subchapter G, Chapter 1104.
SECTION 2.08. Section 1104.251(a), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(a) An individual must be certified under Subchapter C,
Chapter 155 [111], Government Code, if the individual:
(1) is a private professional guardian;
(2) will represent the interests of a ward as a
guardian on behalf of a private professional guardian;
(3) is providing guardianship services to a ward of a
guardianship program on the program's behalf, except as provided by
Section 1104.254; or
(4) is an employee of the Department of Aging and
Disability Services providing guardianship services to a ward of
the department.
SECTION 2.09. Section 1104.252, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE. For
purposes of this subchapter, a person who holds a provisional
certificate issued under Section 155.103 [111.0421], Government
Code, is considered to be certified.
SECTION 2.10. Section 1104.253, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A
family member or friend of an incapacitated person is not required
to be certified under Subchapter C, Chapter 155 [111], Government
Code, or any other law to serve as the person's guardian.
SECTION 2.11. Section 1104.255, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.255. EXPIRATION OF CERTIFICATION. A person whose
certification under Subchapter C, Chapter 155 [111], Government
Code, has expired must obtain a new certification under that
subchapter to provide or continue providing guardianship services
to a ward or incapacitated person under this title.
SECTION 2.12. Section 1104.256, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.
The court shall notify the guardianship certification program of
the Judicial Branch Certification Commission [Guardianship
Certification Board] if the court becomes aware of a person who is
not complying with:
(1) the terms of a certification issued under
Subchapter C, Chapter 155 [111], Government Code; or
(2) the standards and rules adopted under that
subchapter.
SECTION 2.13. Section 1104.257, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED BY
GUARDIANSHIP PROGRAM. Not later than January 31 of each year, each
guardianship program operating in a county shall submit to the
county clerk a copy of the report submitted to the guardianship
certification program of the Judicial Branch Certification
Commission [Guardianship Certification Board] under Section
155.105 [111.044], Government Code.
SECTION 2.14. Section 1104.258, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE
EMPLOYEES PROVIDING GUARDIANSHIP SERVICES. Not later than January
31 of each year, the Department of Aging and Disability Services
shall submit to the guardianship certification program of the
Judicial Branch Certification Commission [Guardianship
Certification Board] a statement containing:
(1) the name, address, and telephone number of each
department employee who is or will be providing guardianship
services to a ward or proposed ward on the department's behalf; and
(2) the name of each county in which each employee
named in Subdivision (1) is providing or is authorized to provide
those services.
SECTION 2.15. Section 1104.303(a), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(a) An application for a certificate of registration must
include a sworn statement containing the following information
concerning a private professional guardian or each person who
represents or plans to represent the interests of a ward as a
guardian on behalf of the private professional guardian:
(1) place of residence;
(2) business address and business telephone number;
(3) educational background and professional
experience;
(4) three or more professional references;
(5) the name of each ward for whom the private
professional guardian or person is or will be serving as a guardian;
(6) the aggregate fair market value of the property of
all wards that is or will be managed by the private professional
guardian or person;
(7) whether the private professional guardian or
person has ever been removed as a guardian by the court or resigned
as a guardian in a particular case, and, if so:
(A) a description of the circumstances causing
the removal or resignation; and
(B) the style of the suit, the docket number, and
the court having jurisdiction over the proceeding; and
(8) the certification number or provisional
certification number issued to the private professional guardian or
person by the guardianship certification program of the Judicial
Branch Certification Commission [Guardianship Certification
Board].
SECTION 2.16. Section 1104.306, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES. Not
later than January 31 of each year, the clerk shall submit to the
guardianship certification program of the Judicial Branch
Certification Commission [Guardianship Certification Board] the
name and business address of each private professional guardian who
has satisfied the registration requirements of this subchapter
during the preceding year.
SECTION 2.17. Section 1104.404(a), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(a) The clerk described by Section 1104.402 is not required
to obtain criminal history record information for a person who
holds a certificate issued under Section 155.102 [111.042],
Government Code, or a provisional certificate issued under Section
155.103 [111.0421], Government Code, if the guardianship
certification program of the Judicial Branch Certification
Commission [Guardianship Certification Board] conducted a criminal
history check on the person before issuing or renewing the
certificate.
SECTION 2.18. Section 1104.407, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST. The
department shall provide the information obtained under Section
1104.406(a) [1102.406(a)] to:
(1) the clerk of the county having venue of the
guardianship proceeding at the court's request; and
(2) the guardianship certification program of the
Judicial Branch Certification Commission [Guardianship
Certification Board] at the commission's [board's] request.
SECTION 2.19. Section 1104.408, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR
GUARDIANSHIP CERTIFICATION PROGRAM OF JUDICIAL BRANCH
CERTIFICATION COMMISSION [BOARD]. (a) Criminal history record
information obtained under Section 1104.407 is privileged and
confidential and is for the exclusive use of the court or
guardianship certification program of the Judicial Branch
Certification Commission [Guardianship Certification Board], as
appropriate. The information may not be released or otherwise
disclosed to any person or agency except:
(1) on court order;
(2) with the consent of the person being investigated;
or
(3) as authorized by Section 1104.404 of this code or
Section 411.1386(a-6), Government Code.
(b) The county clerk or guardianship certification program
of the Judicial Branch Certification Commission [Guardianship
Certification Board] may destroy the criminal history record
information after the information is used for the purposes
authorized by this subchapter.
SECTION 2.20. Section 1104.410, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP
CERTIFICATION PROGRAM OF JUDICIAL BRANCH CERTIFICATION COMMISSION
[BOARD]. Criminal history record information obtained by the
guardianship certification program of the Judicial Branch
Certification Commission [Guardianship Certification Board] under
Section 1104.407(2) may be used for any purpose related to the
issuance, denial, renewal, suspension, or revocation of a
certificate issued by the commission [board].
SECTION 2.21. Section 1203.052(b), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(b) In addition to the authority granted to the court under
Subsection (a), the court may, on the complaint of the guardianship
certification program of the Judicial Branch Certification
Commission [Guardianship Certification Board], remove a guardian
who would be ineligible for appointment under Subchapter H, Chapter
1104, because of the guardian's failure to maintain the
certification required under Subchapter F, Chapter 1104. The
guardian shall be cited to appear and contest the request for
removal under this subsection in the manner provided by Subsection
(a).
SECTION 2.22. Section 1251.003(b), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(b) The application must state:
(1) the name and address of the person who is the
subject of the guardianship proceeding;
(2) the danger to the person or property alleged to be
imminent;
(3) the type of appointment and the particular
protection and assistance being requested;
(4) the facts and reasons supporting the allegations
and requests;
(5) the proposed temporary guardian's name, address,
and qualification;
(6) the applicant's name, address, and interest; and
(7) if applicable, that the proposed temporary
guardian is a private professional guardian who is certified under
Subchapter C, Chapter 155 [111], Government Code, and has complied
with the requirements of Subchapter G, Chapter 1104.
SECTION 2.23. Section 411.081(i), Government Code, is
amended to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) to the following noncriminal justice agencies
or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department [Youth
Commission];
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district;
(18) [the Texas Juvenile Probation Commission;
[(19)] the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(19) [(20)] the Texas State Board of Public
Accountancy;
(20) [(21)] the Texas Department of Licensing and
Regulation;
(21) [(22)] the Health and Human Services Commission;
(22) [(23)] the Department of Aging and Disability
Services;
(23) [(24)] the Texas Education Agency;
(24) the Judicial Branch Certification Commission
[(25) the Guardianship Certification Board];
(25) [(26)] a county clerk's office in relation to a
proceeding for the appointment of a guardian under Chapter XIII,
Texas Probate Code;
(26) [(27)] the Department of Information Resources
but only regarding an employee, applicant for employment,
contractor, subcontractor, intern, or volunteer who provides
network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(27) [(28) the Court Reporters Certification Board;
[(29)] the Texas Department of Insurance; and
(28) [(30)] the Teacher Retirement System of Texas.
SECTION 2.24. Sections 411.1386(a-4), (a-6), (d), and (f),
Government Code, are amended to read as follows:
(a-4) The Department of Aging and Disability Services shall
provide the information obtained under Subsection (a-1) to:
(1) the clerk of the county having venue over the
guardianship proceeding at the request of the court; and
(2) the guardianship certification program of the
Judicial Branch Certification Commission [Guardianship
Certification Board] at the request of the commission [board].
(a-6) The clerk described by Subsection (a) is not required
to obtain criminal history record information for a person who
holds a certificate issued under Section 155.102 [111.042] or a
provisional certificate issued under Section 155.103 [111.0421] if
the guardianship certification program of the Judicial Branch
Certification Commission [Guardianship Certification Board]
conducted a criminal history check on the person before issuing or
renewing the certificate. The commission [board] shall provide to
the clerk at the court's request the criminal history record
information that was obtained from the department or the Federal
Bureau of Investigation.
(d) The criminal history record information obtained under
Subsection (a-4) is for the exclusive use of the court or
guardianship certification program of the Judicial Branch
Certification Commission [Guardianship Certification Board], as
appropriate, and is privileged and confidential. The information
may not be released or otherwise disclosed to any person or agency
except on court order, with the consent of the person being
investigated, or as authorized by Subsection (a-6) or Section
698(a-6), Texas Probate Code. The county clerk or guardianship
certification program of the Judicial Branch Certification
Commission [Guardianship Certification Board] may destroy the
criminal history record information after the information is used
for the purposes authorized by this section.
(f) Criminal history record information obtained by the
guardianship certification program of the Judicial Branch
Certification Commission [Guardianship Certification Board] under
Subsection (a-4)(2) may be used for any purpose related to the
issuance, denial, renewal, suspension, or revocation of a
certificate issued by the commission [board].
SECTION 2.25. Section 411.1408, Government Code, is amended
to read as follows:
Sec. 411.1408. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: JUDICIAL BRANCH CERTIFICATION COMMISSION
[GUARDIANSHIP CERTIFICATION BOARD]. (a) In this section,
"commission" ["board"] means the Judicial Branch Certification
Commission [Guardianship Certification Board] established under
Chapter 152 [111].
(b) The commission [board] is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is an applicant for or the
holder of a certificate, registration, or license issued by the
commission or otherwise under Subtitle K, Title 2 [board].
(c) Criminal history record information obtained by the
commission [board] under Subsection (b):
(1) may be used by the commission [board] for any
purpose related to the issuance, denial, suspension, revocation, or
renewal of a certificate, registration, or license issued by the
commission or otherwise under Subtitle K, Title 2 [board];
(2) may not be released or disclosed to any person
except:
(A) on court order;
(B) with the consent of the person who is the
subject of the information; or
(C) as authorized by Section 411.1386(a-6) of
this code or Section 698(a-6), Texas Probate Code, if applicable;
and
(3) shall be destroyed by the commission [board] after
the information is used for the authorized purposes.
SECTION 2.26. Section 2054.352(a), Government Code, is
amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Judicial Branch [Court Reporters] Certification
Commission [Board];
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Texas State Board of Examiners of Psychologists;
(15) State Board of Veterinary Medical Examiners;
(16) Texas Real Estate Commission;
(17) Texas Appraiser Licensing and Certification
Board;
(18) Texas Department of Licensing and Regulation;
(19) Texas State Board of Public Accountancy;
(20) State Board for Educator Certification;
(21) Texas Board of Professional Engineers;
(22) Department of State Health Services;
(23) Texas Board of Architectural Examiners;
(24) Texas Racing Commission;
(25) Commission on Law Enforcement Officer Standards
and Education; and
(26) Texas Private Security Board.
SECTION 2.27. Section 161.114(c), Human Resources Code, is
amended to read as follows:
(c) A volunteer may provide life enrichment activities,
companionship, transportation services, and other services to or
for the ward in a guardianship, except the volunteer may not provide
services that would require the volunteer to be certified under
Section 155.102 [111.042], Government Code.
SECTION 2.28. Section 151.353(a), Tax Code, is amended to
read as follows:
(a) Court reporting services relating to the preparation of
a document or other record in a civil or criminal suit by a notary
public or a court reporter licensed by the Judicial Branch [State of
Texas Court Reporters] Certification Commission [Board] are
exempted from the taxes imposed by this chapter if the document is:
(1) prepared for the use of a person participating in a
suit or the court in which a suit or administrative proceeding is
brought; and
(2) sold to a person participating in the suit.
ARTICLE 3. REPEALER, TRANSITION, AND EFFECTIVE DATE
SECTION 3.01. The following provisions of the Government
Code are repealed:
(1) Sections 52.001(a)(1), (2), (2-a), and (7);
(2) Sections 52.002, 52.003, 52.0112, 52.012,
52.0121, 52.013, 52.0131, 52.014, 52.015, 52.016, 52.0165, 52.017,
52.0175, 52.018, and 52.0185;
(3) the heading to Subchapter B, Chapter 52;
(4) Section 57.001(5);
(5) Section 72.013;
(6) Subchapter F, Chapter 72; and
(7) Section 411.1403.
SECTION 3.02. (a) In appointing the initial members of the
Judicial Branch Certification Commission created under Chapter
152, Government Code, as added by this Act, the Supreme Court of
Texas shall appoint three members to terms expiring February 1,
2017, three members to terms expiring February 1, 2019, and three
members to terms expiring February 1, 2021.
(b) The Supreme Court of Texas shall adopt rules,
procedures, and forms the supreme court determines are necessary to
implement Subtitle K, Title 2, Government Code, as added by this
Act, not later than September 1, 2014.
(c) On September 1, 2014:
(1) the Judicial Branch Certification Commission is
created;
(2) the Court Reporters Certification Board,
Guardianship Certification Board, and process server review board
are abolished;
(3) the powers, duties, functions, programs, and
activities of the Court Reporters Certification Board,
Guardianship Certification Board, and process server review board
and of the Texas Commission of Licensing and Regulation and the
Texas Department of Licensing and Regulation related to licensed
court interpreters are transferred to the Judicial Branch
Certification Commission;
(4) an employee of the Court Reporters Certification
Board, Guardianship Certification Board, or process server review
board becomes an employee of the Office of Court Administration of
the Texas Judicial System;
(5) all obligations and contracts of the Court
Reporters Certification Board, Guardianship Certification Board,
and process server review board and of the Texas Commission of
Licensing and Regulation and the Texas Department of Licensing and
Regulation related to licensed court interpreters are transferred
to the Office of Court Administration of the Texas Judicial System;
(6) all property and records in the custody of the
Court Reporters Certification Board, Guardianship Certification
Board, and process server review board and of the Texas Commission
of Licensing and Regulation and the Texas Department of Licensing
and Regulation related to licensed court interpreters shall be
transferred to the Office of Court Administration of the Texas
Judicial System;
(7) all complaints, investigations, or contested
cases that are pending before the Court Reporters Certification
Board, Guardianship Certification Board, and process server review
board and of the Texas Commission of Licensing and Regulation and
the Texas Department of Licensing and Regulation related to
licensed court interpreters are transferred without change in
status to the Judicial Branch Certification Commission;
(8) a rule, form, or fee adopted by the Supreme Court
of Texas or the Texas Commission of Licensing and Regulation
related to a profession regulated under Subtitle K, Title 2,
Government Code, as added by this Act, remains in effect until
altered by the supreme court;
(9) except as otherwise provided by this Act, a
reference in law to the Court Reporters Certification Board,
Guardianship Certification Board, or process server review board
means the Judicial Branch Certification Commission; and
(10) a license, certification, or registration in
effect that was issued by the Court Reporters Certification Board,
Guardianship Certification Board, process server review board, or
Texas Department of Licensing and Regulation related to professions
regulated under Subtitle K, Title 2, Government Code, as added by
this Act, is continued in effect as a license, certification, or
registration of the Judicial Branch Certification Commission.
(d) The abolition of the Court Reporters Certification
Board, Guardianship Certification Board, and process server review
board and the transfer of powers, duties, functions, programs,
activities, obligations, rights, contracts, records, property,
funds, and employees as provided by this Act do not affect or impair
an act done, any obligation, right, order, permit, certificate,
rule, criterion, standard, or requirement existing, or any penalty
accrued under former law, and that law remains in effect for any
action concerning those matters.
(e) Subsections (a) and (b) of this section take effect
September 1, 2013.
SECTION 3.03. Except as otherwise provided by this Act,
this Act takes effect September 1, 2014.