TITLE 22.EXAMINING BOARDS

Part 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

Chapter 511. CERTIFICATION AS A CPA

Subchapter B. CERTIFICATION BY EXAMINATION

22 TAC §511.21

The Texas State Board of Public Accountancy adopts an amendment to §511.21 concerning Examination Application without changes to the proposed text as published in the May 30, 2003 issue of the Texas Register (28 TexReg 4222). The text of the rule will not be republished.

The amendment clarifies that the exam fee will be collected by the National Association of State Boards of Accountancy, creates an eligibility fee to be paid to the board, states that the board will evaluate applications and establishes dates of eligibility for each applicant.

The amendment will function by updating the board's rules for the new computer-based Uniform CPA examination.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act, Tex. Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act, §901.301 which authorizes the board to pass rules establishing procedures regarding the examination and §901.304 which authorizes the board to set the exam fee by rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304470

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


Subchapter D. CPA EXAMINATION

22 TAC §511.72

The Texas State Board of Public Accountancy adopts an amendment to §511.72 concerning Uniform Examination without changes to the proposed text as published in the May 30, 2003 issue of the Texas Register (28 TexReg 4223). The text of the rule will not be republished.

The amendment authorizes the board to contract with a testing vendor to administer the CPA exam at sites that are approved and monitored by the board during months to be determined, re-names the exam subjects and requires exam applicants to have an exam authorization form and another type of government issued identification.

The amendment will function by establishing the procedures for the new computer-based uniform CPA exam.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act, Tex. Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act and §901.301 which authorizes the board to contract for the Uniform CPA exam.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304471

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


22 TAC §511.73

The Texas State Board of Public Accountancy adopts new rule §511.73 concerning Notice to Candidate to Schedule Taking a CPA Exam Subject without changes to the proposed text as published in the May 30, 2003 issue of the Texas Register (28 TexReg 4224). The text of the rule will not be republished.

The new rule requires exam applicants to pay an exam fee and to schedule to take the exam at a board approved location.

The new rule will function by informing exam applicants that they are required to pay an exam fee and schedule their exam at a board approved location.

No comments were received regarding adoption of the rule.

The new rule is adopted under the Public Accountancy Act, Tex. Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act and §901.304 which authorizes the board to set the exam fee by rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304472

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


22 TAC §511.76

The Texas State Board of Public Accountancy adopts an amendment to §511.76 concerning Examination Refund Policy without changes to the proposed text as published in the May 30, 2003 issue of the Texas Register (28 TexReg 4225). The text of the rule will not be republished.

The amendment will cause the eligibility fee paid to the board to be non-refundable, allows the board to request a refund from NASBA on behalf of an applicant, limits the refund to computer time and exam grading, allows NASBA to retain a refund processing fee and lists the conditions for a refund.

The amendment will function by making known the refund procedures and policies for the new computer-based examination.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act, Tex. Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act and §901.304 which authorizes the board to provide for refunds by rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304473

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


22 TAC §511.77

The Texas State Board of Public Accountancy adopts an amendment to §511.77 concerning Grading without changes to the proposed text as published in the May 30, 2003 issue of the Texas Register (28 TexReg 4226). The text of the rule will not be republished.

The amendment states that a passing grade on the computer-based examination will be established through a procedure that will be approved by the board and that the board will establish a method of tracking and recording a candidate's grades.

The amendment will function by having the grading of the computer-based exam approved by the board and by tracking grades.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act, Tex. Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act and §901.307 which authorizes the board to adopt rules regarding grading of the examination.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304474

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


22 TAC §511.80

The Texas State Board of Public Accountancy adopts an amendment to §511.80, concerning Granting of Credit without changes to the proposed text as published in the May 30, 2003, issue of the Texas Register (28 TexReg 4227). The text of the rule will not be republished.

The amendment states the conditions under which exam candidates may earn examination credits for exams before and after implementation of the uniform computer-based exam and will explain the transfer of credit from one type of exam to the other.

The amendment will function by informing exam candidates how their exam credits are earned, how credits are transferred from one exam to the other and the life of the credits.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act and §901.310 which authorizes the board to adopt rules on conditional examination credit.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304475

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


Chapter 517. TEMPORARY PRACTICE IN TEXAS

22 TAC §517.1

The Texas State Board of Public Accountancy adopts an amendment to §517.1, concerning Temporary Practice without changes to the proposed text as published in the May 30, 2003, issue of the Texas Register (28 TexReg 4228). The text of the rule will not be republished.

The amendment deletes any reference or implication that an individual CPA might be able to obtain a Temporary license and states the type of professional entities that are eligible to apply for temporary licensure.

The amendment will function by removing possibly misleading language from the rule.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304476

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


22 TAC §517.2

The Texas State Board of Public Accountancy adopts an amendment to §517.2, concerning Application for Temporary Permit with changes to the proposed text as published in the May 30, 2003, issue of the Texas Register (28 TexReg 4229). The change is in subsection (a)(3) in which the length of the temporary permit time was changed from 180 days to one year, which makes this rule consistent with the time period in the rule on substantial equivalency. The Board does not consider this to be a substantial change because it does not affect the substance of the rule-permitting temporary practice. Also, there were no comments from the public regarding permitting temporary practice which means there is no opposition to or criticism of the substance of the rule.

The amendment deletes any reference or implication that an individual CPA might be able to obtain a Temporary license and states the type of professional entities that are eligible to apply for temporary licensure.

The amendment will function by removing possibly misleading language from the rule.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

§517.2.Application for Temporary Permit.

(a) An application for a temporary permit shall be made on a form prescribed by the board and submitted to the executive director for approval.

(1) The application must contain:

(A) the identity of the firm;

(B) the firm address;

(C) a list of all partners or individuals of the firm who will be practicing in Texas under provisions of the permit;

(D) a verification by the state or country that has permanent regulatory authority over the partnership, corporation, limited liability company, limited liability partnership or sole proprietorship is in good standing and is licensed to practice public accountancy in that state or country.

(2) The application must be submitted with the requisite fee.

(3) Upon approval of the application the board shall issue a temporary permit to be valid for not more than 1 year.

(b) A firm coming into this state to perform a peer review or report review under an approved peer review program is exempt from obtaining a temporary permit but must conduct the review in conformity with the Act, the laws of Texas and the Board's Rules of Professional Conduct.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304477

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


Chapter 521. FEE SCHEDULE

22 TAC §521.2

The Texas State Board of Public Accountancy adopts an amendment to §521.2, concerning Examination Fees without changes to the proposed text as published in the May 30, 2003, issue of the Texas Register (28 TexReg 4230). The text of the rule will not be republished.

The amendment establishes the fee structure for the computer-based examination.

The amendment will function by establishing the fees for the computer-based examination.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act, Tex. Occupations Code, §901.151 (Vernon 2001) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act and §901.304 which authorizes the Board to collect a fee for the uniform CPA examination.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304478

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: August 13, 2003

Proposal publication date: May 30, 2003

For further information, please call: (512) 305-7848


Part 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

Chapter 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES

Subchapter A. LICENSING

22 TAC §851.29

The Texas Board of Professional Geoscientists ("Board") adopts a new rule at 22 Texas Administrative Code, part 39, Chapter 851, Subchapter A, §851.29, regarding licensure by endorsement for professional geoscientists as published in the April 25, 2003, issue of the Texas Register (28 TexReg 3469), without changes, and will not be republished.

These rules are necessary to implement Senate Bill 405, Acts of the 77th Texas Legislature, §6.07, which authorizes the Board to provide for licensure of individuals who are licensed in another jurisdiction without meeting the examination requirement. The new rule establishes a procedure for the approval for licensure of a person licensed in another jurisdiction who has passed an examination or examinations that are substantially similar to those that must be passed for licensure in Texas.

The Board drafted and distributed the proposed rules to persons internal and external to the agency. No comments were received.

The new rule is adopted under Senate Bill 405, 77th Texas Legislature, §6.07, which authorizes the Board to adopt rules for the licensure of a person licensed in another jurisdiction and who has passed an examination or examinations that are substantially similar to those required for licensure in Texas.

The statute affected by the adoption is Senate Bill 405, 77th Texas Legislature, and the code sections in which it may be codified. No other statutes, articles, or codes are affected by the adoption.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 23, 2003.

TRD-200304453

William H. Kuntz, Jr.

Acting Executive Director

Texas Board of Professional Geoscientists

Effective date: August 12, 2003

Proposal publication date: April 25, 2003

For further information, please call: (512) 463-7348