Bill Text: TX SB43 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Judicial Branch Certification Commission; authorizing fees; providing penalties.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB43 Detail]
Download: Texas-2017-SB43-Introduced.html
Bill Title: Relating to the Judicial Branch Certification Commission; authorizing fees; providing penalties.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB43 Detail]
Download: Texas-2017-SB43-Introduced.html
By: Zaffirini | S.B. No. 43 | |
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relating to the Judicial Branch Certification Commission; | ||
authorizing fees; modifying existing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 57.002(b-1), Government Code, is amended | ||
to read as follows: | ||
(b-1) A licensed court interpreter appointed by a court | ||
under Subsection (a) or (b) must hold a license that includes the | ||
appropriate designation under Section 157.101(d) [ |
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indicates the interpreter is permitted to interpret in that court. | ||
SECTION 2. Section 151.001(7), Government Code, is amended | ||
to read as follows: | ||
(7) "Regulated person" means a person, firm, or other | ||
business entity who holds a certification, registration, or license | ||
issued by the commission. | ||
SECTION 3. Sections 152.053(b), (c), and (d), Government | ||
Code, are amended to read as follows: | ||
(b) A person is not eligible for appointment as a member of | ||
the commission, or as a member of an advisory board or committee | ||
that serves 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 | ||
as a member of an advisory board or a committee that serves 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, a member | ||
of an advisory board or a committee that serves the commission, or | ||
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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. | ||
SECTION 4. Section 152.056, Government Code, is amended to | ||
read as follows: | ||
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. The presiding officer of the commission may designate a | ||
member of the commission to preside over a meeting of the commission | ||
in the absence of the presiding officer. | ||
SECTION 5. The heading to Section 152.109, Government Code, | ||
is amended to read as follows: | ||
Sec. 152.109. NOTICE OF COMPLAINT PROCESS [ |
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SECTION 6. Sections 152.111(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The commission may adopt a policy allowing office | ||
employees to dismiss a complaint [ |
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(1) that clearly does [ |
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(2) that is [ |
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jurisdiction; | ||
(3) that alleges misconduct that took place more than | ||
five years before the date the complaint was filed; or | ||
(4) for which there is no evidence to establish | ||
misconduct alleged in the complaint. | ||
(c) A person who files a complaint that is dismissed under | ||
this section may, not later than the 30th day after the date of | ||
notice of the dismissal, request in writing that the commission | ||
reconsider the complaint. | ||
SECTION 7. Section 152.201, Government Code, is amended by | ||
adding Subsection (c-1) and amending Subsection (d) to read as | ||
follows: | ||
(c-1) A passing score on an applicable examination is valid | ||
for purposes of certification, licensing, or registration for a | ||
period of two years after the date of the examination. A person who | ||
does not apply to become certified, licensed, or registered before | ||
the expiration of the two-year period must repeat and pass 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. The | ||
person may not view a copy of the examination. | ||
SECTION 8. Subchapter E, Chapter 152, Government Code, is | ||
amended by adding Section 152.2015 to read as follows: | ||
Sec. 152.2015. CERTIFICATION, REGISTRATION, AND LICENSING | ||
FEE AND RENEWAL. (a) A person, firm, or business entity must pay | ||
the commission an initial fee and any other required fee to receive | ||
a certification, registration, or license from the commission. | ||
(b) A regulated person who is otherwise eligible to renew a | ||
certification, registration, or license may renew an unexpired | ||
certification, registration, or license by paying the required | ||
renewal fee to the commission before the expiration date. A | ||
regulated person whose certification, registration, or license has | ||
expired may not engage in any applicable regulated activity until | ||
the certification, registration, or license has been renewed. | ||
(c) A regulated person whose certification, registration, | ||
or license has been expired for 90 days or fewer may renew the | ||
certification, registration, or license by paying to the commission | ||
a renewal fee that is equal to 1-1/2 times the normally required | ||
renewal fee. | ||
(d) A regulated person whose certification, registration, | ||
or license has been expired for more than 90 days but less than one | ||
year may renew the certification, registration, or license by | ||
paying to the commission a renewal fee that is equal to twice the | ||
normally required renewal fee. | ||
(e) A person, firm, or business entity may not renew its | ||
expired certification, registration, or license one year or more | ||
after expiration, except as provided by Subsection (f). The | ||
person, firm, or business entity may obtain a new certification, | ||
registration, or license by complying with the requirements and | ||
procedures, including the examination requirements, for obtaining | ||
an original certification, registration, or license. | ||
(f) A person may, without examination, renew a | ||
certification, registration, or license that has been expired for | ||
one year or longer, if: | ||
(1) prior to applying for renewal, the person had | ||
moved to another state or jurisdiction; | ||
(2) at the time of applying for renewal, the person is | ||
certified, registered, or licensed in good standing in the other | ||
state or jurisdiction; | ||
(3) the person has been in practice in that state for | ||
one year preceding the date the person applies for renewal; and | ||
(4) the person pays to the commission a fee that is | ||
equal to twice the normally required renewal fee for the | ||
certification, registration, or license. | ||
(g) Not later than the 30th day before the date a regulated | ||
person's certification, registration, or license is scheduled to | ||
expire, the commission must send written notice of the impending | ||
expiration to the regulated person at the person's last known | ||
address according to the records of the commission. | ||
SECTION 9. Section 152.205(c), Government Code, is amended | ||
to read as follows: | ||
(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 commission enforcement | ||
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SECTION 10. Subchapter A, Chapter 153, Government Code, is | ||
amended by adding Section 153.0001 to read as follows: | ||
Sec. 153.0001. FILING COMPLAINT. (a) To file a complaint | ||
with the commission against a regulated person or another person | ||
alleged to have unlawfully engaged in conduct regulated under this | ||
subchapter, a person must: | ||
(1) have personal knowledge of the alleged violation; | ||
(2) complete a complaint form provided by the | ||
commission; | ||
(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 shall furnish a copy of the complaint and any | ||
attachments to the person who is the subject of the complaint. | ||
(c) This section does not preclude the commission, an | ||
advisory board of the commission, or a court of this state from | ||
filing a complaint. | ||
SECTION 11. Section 153.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 153.003. CEASE AND DESIST ORDER. (a) The director | ||
may issue a temporary cease and desist order for the duration of an | ||
investigation and disciplinary action by the commission 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. | ||
(b) A cease and desist order may require a person to cease | ||
and desist from committing a violation listed under Subsection (a) | ||
or from engaging in any practice regulated by the commission as | ||
necessary to prevent such a violation. | ||
(c) A person to whom a cease and desist order is issued may | ||
file a written request for a hearing before the commission. The | ||
person must file the hearing request not later than 10 days after | ||
receipt of the order. The commission must conduct the hearing not | ||
later than 30 days after the date of the hearing request. | ||
SECTION 12. Section 153.004, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) On its own motion, or on the recommendation of | ||
commission staff, the commission may conduct a hearing to inquire | ||
into a suspension. If the commission 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, | ||
the commission may revoke or take other disciplinary action against | ||
the person's certification, registration, or license. | ||
SECTION 13. Section 153.051, Government Code, is amended to | ||
read as follows: | ||
Sec. 153.051. IMPOSITION OF PENALTY. (a) The commission | ||
may impose an administrative penalty on a person [ |
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regulatory program administered by the commission, [ |
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standard adopted under this subtitle, or an order issued by the | ||
commission or director 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. | ||
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SECTION 14. Section 153.053, Government Code, is amended to | ||
read as follows: | ||
Sec. 153.053. REPORT AND NOTICE OF VIOLATION, PENALTY, AND | ||
SANCTION. (a) The commission shall[ |
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review a complaint, make the initial written determination on | ||
whether a violation occurred, and impose [ |
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shall state its written determination as proposed findings of fact | ||
and conclusions of law, separately stated. | ||
(b) The committee shall[ |
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complaint under Subsection (a) written notice by certified mail of | ||
the committee's [ |
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occurred and each [ |
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(c) [ |
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must: | ||
(1) include a brief summary of the alleged violation; | ||
(2) state the amount of any [ |
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(3) state any [ |
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(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. | ||
SECTION 15. Section 153.054, Government Code, is amended to | ||
read as follows: | ||
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 committee | ||
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sanction as an agreed order to be presented to the commission; or | ||
(2) [ |
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commission 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 | ||
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shall review the proposed order and accept, revise, or reject it or | ||
remand the matter to the committee for further review. If the | ||
commission revises or rejects the order, the person may: | ||
(1) accept the commission's determination, penalty, or | ||
sanction; or | ||
(2) request a hearing not later than the 20th day after | ||
the date of receiving notice of the commission's determination. | ||
(c) If the person fails to respond to the notice, the | ||
commission may issue a default order to approve the determination | ||
of the committee and impose or revise the committee's proposed | ||
penalty, sanction, or both [ |
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SECTION 16. Sections 153.055(c), (d), (e), and (g), | ||
Government Code, are amended to read as follows: | ||
(c) The commission shall adopt, revise, or reject the | ||
committee's [ |
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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. To the extent not inconsistent with this subchapter or | ||
commission rules, the Texas Rules of Civil Procedure, including | ||
discovery rules, apply to the hearing, except that the commission | ||
may deviate from the rules as necessary for a full and fair | ||
adjudication and determination of fact or law. | ||
(e) The presiding officer of the commission may hold | ||
prehearing conferences. The presiding officer may issue orders, | ||
including scheduling orders, and may designate the discovery | ||
control plan or otherwise limit or modify discovery before a | ||
hearing. | ||
(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 determination and proposed penalty or sanction | ||
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SECTION 17. Section 153.056, Government Code, is amended to | ||
read as follows: | ||
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) accept the obligation to pay the penalty or accept | ||
the sanction; or | ||
(2) file an appeal of the commission's order | ||
contesting the findings of fact, the conclusions of law, the | ||
occurrence of the violation, the imposition or amount of the | ||
penalty, the imposition of the sanction, or any combination. | ||
SECTION 18. Section 153.058(f), Government Code, is amended | ||
to read as follows: | ||
(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 other sanction and order the | ||
imposition of the sanction. | ||
SECTION 19. Subchapter B, Chapter 153, Government Code, is | ||
amended by adding Section 153.060 to read as follows: | ||
Sec. 153.060. REISSUANCE OF CERTIFICATE, REGISTRATION, OR | ||
LICENSE. (a) The commission may reissue a certificate, | ||
registration, or license that has been revoked or that the | ||
commission has refused to renew as a disciplinary sanction if the | ||
individual who was subject to the revocation or nonrenewal applies | ||
in writing to the commission and establishes good cause to justify | ||
reissuance of the certificate, registration, or license. The | ||
applicant has the burden of proving: | ||
(1) the correction of the grounds for the revocation | ||
or the commission's refusal to renew the certificate, registration, | ||
or license; | ||
(2) good faith efforts to correct, resolve, or | ||
otherwise cure the damages arising from the grounds for the | ||
revocation or the refusal to renew the certificate, registration, | ||
or license; | ||
(3) that reissuance would not pose a threat to public | ||
health, safety, and welfare; and | ||
(4) any other rehabilitative efforts. | ||
(b) The commission may impose conditions upon the | ||
revocation of or refusal to renew a certificate, registration, or | ||
license that may include: | ||
(1) prohibiting a person from applying for reissuance | ||
for a specified period of time; and | ||
(2) imposing some or all prerequisites for initial | ||
certification, registration, or licensure as a prerequisite for | ||
reissuance. | ||
(c) The commission may impose appropriate probationary | ||
conditions for a specified period on the practice of a person whose | ||
certificate, registration, or license is reissued. | ||
SECTION 20. Section 154.001(a)(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Certification" means[ |
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Section 151.001 [ |
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SECTION 21. Section 154.101(g), Government Code, is amended | ||
to read as follows: | ||
(g) The commission may enforce this section by seeking an | ||
injunction or by filing a complaint against a person who is not | ||
certified by the supreme court. The commission may seek the | ||
injunction in the district court of the county in which that person | ||
resides or in Travis County. Said action for an injunction shall be | ||
in addition to any other action, proceeding, or remedy authorized | ||
by law. The commission 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. | ||
SECTION 22. Section 154.103, Government Code, is amended to | ||
read as follows: | ||
Sec. 154.103. EXAMINATION. (a) The commission shall by | ||
rule establish the form and content of the examination for | ||
certification in light of the authorized methods of shorthand | ||
reporting. The commission may contract with a testing service to | ||
develop, administer, and grade examinations. [ |
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(b) [ |
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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. | ||
SECTION 23. Section 154.106(a), Government Code, is amended | ||
to read as follows: | ||
(a) A shorthand reporting firm or an affiliate office 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 on a form prescribed by | ||
the commission as required by this subchapter. | ||
SECTION 24. Sections 154.107(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) Effective January 1, 2018, a [ |
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registration expires [ |
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which the [ |
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on which it was issued falls unless the certification or | ||
registration is renewed on or before that day. If during a two-year | ||
period the certification or registration expiration date is | ||
changed, the commission shall prorate certification and | ||
registration fees on a monthly basis so that each certification or | ||
registration holder pays only the portion of the fee that is | ||
allocable to the number of months during which the certification or | ||
registration is valid. [ |
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(c) Upon each renewal of the certification or registration, | ||
a fee is charged in accordance with Section 152.2015. A firm or the | ||
affiliate office of a firm that may not renew an expired | ||
registration as described by Section 152.2015(e) must pay all | ||
unpaid renewal and late fees charged for the expired registration, | ||
in addition to complying with all registration requirements and | ||
procedures, in order to obtain a new registration under Section | ||
152.2015(e). [ |
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SECTION 25. Section 154.110(a), Government Code, is amended | ||
to read as follows: | ||
(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, the commission 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 | ||
shorthand [ |
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(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; | ||
(11) committing any other act that violates this | ||
chapter or a rule or provision of the code of ethics adopted under | ||
this subtitle; or | ||
(12) other sufficient cause. | ||
SECTION 26. Section 154.111(c), Government Code, is amended | ||
to read as follows: | ||
(c) The commission may suspend the registration of a | ||
shorthand reporting firm or affiliate office: | ||
(1) for a designated period of time in accordance with | ||
Section 154.110(b); | ||
(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 to | ||
ensure the shorthand reporting firm's or affiliate office's future | ||
performance. | ||
SECTION 27. Sections 155.001(2), (3), (5), and (7), | ||
Government Code, are amended to read as follows: | ||
(2) "Corporate fiduciary" has the meaning assigned by | ||
Section 1002.007, Estates Code [ |
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(3) "Guardian" has the meaning assigned by Section | ||
1002.012, Estates Code [ |
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(5) "Incapacitated person" has the meaning assigned by | ||
Section 1002.017, Estates Code [ |
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(7) "Ward" has the meaning assigned by Section 22.033, | ||
Estates Code [ |
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SECTION 28. Sections 155.102(c) and (d), Government Code, | ||
are amended to read as follows: | ||
(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; | ||
(2) provide that the commission establish | ||
qualifications for obtaining and maintaining certification; | ||
(3) provide that the commission issue certificates | ||
under this section; | ||
(4) provide that a certificate expires on the last day | ||
of the month in which the second anniversary of the date the | ||
certificate was [ |
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expiration; | ||
(5) prescribe procedures for accepting complaints and | ||
conducting investigations of alleged violations of the minimum | ||
standards adopted under Section 155.101 or other terms of the | ||
certification by certificate holders; and | ||
(6) prescribe procedures by which the commission, | ||
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 or reissuing a certificate under Section 153.060 include | ||
passage of an examination covering guardianship education | ||
requirements: | ||
(1) the commission shall develop and the director | ||
shall administer the examination; or | ||
(2) the commission shall direct the director to | ||
contract with another person or entity the commission determines | ||
has the expertise and resources to develop and administer the | ||
examination. | ||
SECTION 29. Section 155.104, Government Code, is amended to | ||
read as follows: | ||
Sec. 155.104. INFORMATION FROM PRIVATE PROFESSIONAL | ||
GUARDIANS. In addition to the information submitted under Section | ||
1104.306, Estates Code [ |
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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 or with the certification requirements of Section 155.102. | ||
SECTION 30. Section 155.105(c), Government Code, is amended | ||
to read as follows: | ||
(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 | ||
1104.303, Estates Code [ |
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SECTION 31. Section 156.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 156.001. DEFINITIONS [ |
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(1) "Advisory[ |
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Server Certification Advisory Board. | ||
(2) "Certified process server" or "process server" | ||
means a person who is certified by the commission under order of the | ||
supreme court to serve process. | ||
SECTION 32. Section 156.052(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission may recommend to the supreme court the | ||
fees to be charged for process server certification and renewal of | ||
certification. [ |
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SECTION 33. Subchapter B, Chapter 156, Government Code, is | ||
amended by adding Section 156.053 to read as follows: | ||
Sec. 156.053. PROCESS SERVER CERTIFICATION RENEWAL; FEES. | ||
Each process server certification expires on the last day of the | ||
month in which the second anniversary of its issuance falls, unless | ||
it is renewed prior to that day. Upon renewal of certification, | ||
each process server must pay a fee to the commission in accordance | ||
with Section 152.2015. | ||
SECTION 34. Sections 157.101(a), (c), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) The 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 within the period specified in Section 152.201(c-1) | ||
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(3) possesses the other qualifications for the license | ||
required by this chapter or by rules adopted under this chapter. | ||
(c) A license issued under this chapter expires on the last | ||
day of the month in which the second anniversary of its date of | ||
issuance falls, unless it is renewed on or before that day [ |
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(d) A license issued under this chapter 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, but the designation | ||
may not permit the interpreter to interpret [ |
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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). | ||
SECTION 35. The heading to Section 157.104, Government | ||
Code, is amended to read as follows: | ||
Sec. 157.104. COMMISSION DUTIES[ |
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SECTION 36. Section 157.105, Government Code, is amended to | ||
read as follows: | ||
Sec. 157.105. SUSPENSION, REFUSAL OF RENEWAL, AND | ||
REVOCATION OF LICENSES; REISSUANCE. (a) After providing the | ||
opportunity for a hearing in accordance with Section 153.055, the | ||
commission shall suspend, [ |
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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 or a rule | ||
adopted under this chapter; 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) In accordance with Section 153.060, the [ |
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commission may reissue a license to an individual whose license has | ||
been revoked or has been refused renewal if the individual applies | ||
in writing to the department and shows good cause to justify | ||
reissuance of the license. | ||
SECTION 37. Section 157.107(b), Government Code, is amended | ||
to read as follows: | ||
(b) A person who violates this chapter or a rule adopted | ||
under this chapter is subject to an administrative penalty assessed | ||
by the commission as provided by Chapter 153, in addition to | ||
administrative sanctions that may be imposed under Section 157.105. | ||
SECTION 38. The following laws are repealed: | ||
(1) Section 154.104, Government Code; | ||
(2) Sections 154.107(d), (e), (f), (g), and (h), | ||
Government Code; | ||
(3) Section 154.108, Government Code; | ||
(4) Section 154.109, Government Code; | ||
(5) Section 154.110(d), Government Code; | ||
(6) Section 154.111(e), Government Code; and | ||
(7) Section 156.052(b), Government Code. | ||
SECTION 39. This Act takes effect September 1, 2017. |