PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
CHAPTER 501. RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER E. RESPONSIBILITIES TO THE BOARD/PROFESSION
The Texas State Board of Public Accountancy adopts an amendment to §501.90 concerning Discreditable Acts without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4451). The text of the rule will not be republished.
The amendment to §501.90 will replace the word "his" with the phrase "that person's"; replace the word "subpoena" with the phrase "(i) a court order; or (ii) a summons (I) under the provisions of the Internal Revenue Code of 1986 and its subsequent amendments, (II) the Securities Act of 1933 (15 U.S.C. §77a et seq.) and its subsequent amendments, or (III) the Securities Exchange Act of 1934 (15 U.S.C. §78a et seq.) and its subsequent amendments;"; delete the phrase "under the Public Accountancy Act; or"; add the phrase "(F) in the course of a peer review under Section 901.159 of the Public Accountancy Act; or" and add the phrase "(G) any information that is required to be disclosed by the professional standards for reporting on the examination of a financial statement."
The amendment will function by providing a rule that is consistent with the Act.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803799
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §501.93 concerning Responses without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4452). The text of the rule will not be republished.
The amendment to §501.93 will add the word and phrase "either" in writing or "through the board's website," to subsection (d).
The amendment will function by clarifying board procedures which are in keeping with currently accepted standard office practices
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803800
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
SUBCHAPTER C. EDUCATIONAL REQUIREMENTS
The Texas State Board of Public Accountancy adopts an amendment to §511.58 concerning Definitions of Related Business Subjects without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4453). The text of the rule will not be republished.
The amendment to §511.58 will insert "approved by the board and" in subsection (c).
The amendment will function by clarifying the existing rule and the requirements for the required ethics course.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803801
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §511.122 concerning Acceptable Work Experience without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4454). The text of the rule will not be republished.
The amendment to §511.122 will insert the following text "attest services as defined in §501.52(4) of this title or professional accounting services or professional accounting work as defined in §501.52(21) of this title, and"; insert the following text "or higher" after text "level" and insert text "add skills" after the text "knowledge" in subsection (b); in subsection (c)(5) replace the following text "as approved by the board will" with the following text "on a full time basis may"; add subsection (c)(8) with the following text "Self employment may not be used to satisfy the work experience requirement unless approved by the Board."
The amendment will function by clarifying what constitutes as acceptable work experience.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803802
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §512.1 concerning Certification as a Certified Public Accountant by Reciprocity with changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4455). The change from the proposal is in subsection (b)(1)(D), where the second instance of the word "person" has been replaced with the word "individual".
The amendment to §512.1, Certification as a Certified Public Accountant by Reciprocity, replaces the word "person" with the word "individual" throughout the rule.
The amendment will function by clarifying the rule since only individuals are subject to reciprocal provisions.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
§512.1.Certification as a Certified Public Accountant by Reciprocity.
(a) The certificate of a "certified public accountant" shall be granted by reciprocity to any individual who is qualified under §901.259 or §901.260 of the Act. The individual's certificate or credentials in the original jurisdiction must be in good standing when the application is submitted and remain in good standing until the individual's application for certification by reciprocity has been approved and a certificate has been issued to the individual by this board.
(b) An individual from a domestic jurisdiction demonstrates that he meets the requirements for certification by reciprocity by:
(1) satisfying one of the following conditions:
(A) the individual holds a certificate or license to practice public accountancy from a domestic jurisdiction that has been determined by the board pursuant to §512.2 of this title (relating to National Association of State Boards of Accountancy Verified Substantially Equivalent Jurisdictions) as having substantially equivalent requirements for certification; or
(B) the individual holds a certificate or license to practice public accountancy from a domestic jurisdiction that has not been determined by NASBA and the board to have substantially equivalent certification requirements but has had his education, examination and experience verified as substantially equivalent to those required by the Uniform Accountancy Act by NASBA; or
(C) the individual meets all requirements for issuance of a certificate set forth in the Act other than the provision requiring proof of grades to be eligible to take the uniform CPA examination; or
(D) the individual met the requirements in effect for issuance of a certificate in this state on the date the individual was issued a certificate or license by another domestic jurisdiction; or
(E) after passing the uniform CPA examination, the individual has completed at least four years of experience practicing public accountancy within the ten year period immediately preceding the date of application in this state; and
(2) the individual meets the CPE requirements applicable to certificate holders contained in Chapter 523 of this title (relating to Continuing Professional Education).
(c) An individual from a foreign jurisdiction demonstrates that he meets the requirements for certification by reciprocity by:
(1) holding a credential that has not expired or been revoked, suspended, limited or probated, that entitles the holder to issue reports on financial statements issued by a licensing authority or professional accountancy body of another country that:
(A) regulates the practice of public accountancy and whose requirements to obtain the credential have been determined by the board to be substantially equivalent to the requirements of education, examination and experience contained in the Act; and
(B) grants credentials by reciprocity to individuals certified to practice public accountancy by this state;
(2) receiving that credential based on education and examination requirements that were comparable to or exceeded those required by the Act at the time the credential was granted;
(3) completing an experience requirement in the foreign jurisdiction that issued the credential that is comparable to or exceeds the experience requirement of the Act or has at least four years of professional accounting experience in this state;
(4) passing an international qualifying examination (IQEX) covering national standards that has been approved by the board; and
(5) passing an examination covering the laws, rules and code of professional conduct in effect in this state that has been approved by the board.
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 28, 2008.
TRD-200803803
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §512.2 concerning National Association of State Boards of Accountancy Verified Substantially Equivalent Jurisdictions without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4457). The text of the rule will not be republished.
The amendment to §512.2 will substitute "a person" in subsection (c) with "an individual".
The amendment will function by clarifying the rule and provide more consistent terminology throughout the rules.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803804
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §512.4 concerning Application for Certification by Reciprocity without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4457). The text of the rule will not be republished.
The amendment to §512.4 will replace the word "person" with "individual" and delete the phrase "and submitted to the executive director" in subsection (a).
The amendment will function by simplifying the reciprocity process.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803805
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §512.6 concerning Reciprocal Fee without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4458). The text of the rule will not be republished.
The amendment to §512.6 will replace the phrase ""A person" with the phrase "An individual" in subsection (a) and replace the word "void" with the word "deemed denied" in subsection (b).
The amendment will function by clarifying the effect of failure to complete timely the reciprocal application process.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803806
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
SUBCHAPTRE A. REGISTRATION OF CPAS OF OTHER STATES AND PERSONS HOLDING SIMILAR TITLES IN FOREIGN COUNTRIES
The Texas State Board of Public Accountancy adopts an amendment to §513.1 concerning Registration of Foreign Practitioners with Substantially Equivalent Qualifications without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4459). The text of the rule will not be republished.
The amendment to §513.1 will replace the word "person" with "individual".
The amendment will function by clarifying the requirements for foreign practitioners with substantially equivalent qualifications to register with the board.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803807
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §513.10 concerning Eligibility of Firm License without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4460). The text of the rule will not be republished.
The amendment to §513.10 will replace the word "persons" with the word "individuals" in subsection (a)(1) and (2).
The amendment will function by providing more consistent terminology throughout the rules.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803808
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §513.11 concerning Qualifications for Non-CPA Owners of Firm License Holders without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4461). The text of the rule will not be republished.
The amendment to §513.11 will replace the phrase "a natural person" with the phrase "an individual"; replace the phrase "involve" with the phrase "providing personal services in the nature of management of some portion of the firm's business interests or performing services for clients of the firm"; add the phrase "determined by the board" to subsection (b)(4); delete all of (c); renumber old "(d)" as "(c)"; replace the word "Owner" with the phrase "A Non-CPA Owner" and replace the word "person" with the word "individual".
The amendment will function by clarifying the substantive nature of the involvement required of a non-licensed individual owner.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803809
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §513.12 concerning Application for Firm License without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4461). The text of the rule will not be republished.
The amendment to §513.12 will replace the word "upon" with "on"; delete the phrase "and submitted to the executive director" and delete the phrase "in this state" in subsection (a).
The amendment will function by simplifying the rule and provide more consistent terminology throughout the rules.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803810
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §513.13 concerning Certification of Corporate Franchise Tax Status without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4462). The text of the rule will not be republished.
The amendment to §513.13 will replace the phrase "Each corporation or professional limited liability company required to obtain a firm license shall certify in its application for a license, that the corporation's Texas franchise taxes are current." with the phrase "Each firm subject to the Texas franchise tax must certify in its application for a firm license that its Texas franchise taxes are current." in subsection (a).
The amendment will function by clarifying the annual reporting requirement of all firms.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803811
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts the repeal of §513.14 concerning Affidavit of Firm without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4463).
The repeal will omit a rule that is no longer relevant.
The repeal will function by omitting a rule that is no longer relevant.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803813
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §513.15 concerning Firm Offices without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4464). The text of the rule will not be republished.
The amendment to §513.15 will replace the phrase "Certified Public Accountancy Firm" with the phrase "certified public accountancy firm" in subsection (a).
The amendment will function by providing a clearer, grammatically correct rule.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803812
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.1 concerning License with changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4464). The change will be in (a) to replace the word "each" with the word "a".
The amendment to §515.1 will replace the word "each" with the word "a"; add the phrase "and the license shall not be issued or renewed unless the board has received all required fees, satisfactory documentation of compliance with continuing professional education requirements and a completed application have been received by the board" and delete the statement "(c) A license shall not be issued or renewed unless all required fees, continuing professional education and a completed application have been received by the board."
The amendment will function by providing a clear succinct rule that all routine renewal procedures must be completed to renew your license.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
§515.1.License.
(a) Individuals certified or registered by this board must obtain a license for a 12-month interval and the license shall not be issued or renewed unless the board has received all required fees, satisfactory documentation of compliance with continuing professional education requirements and a completed application.
(b) Subject to §515.3 of this title (relating to License Renewal for Individuals and Firm Offices) firms registered with the board must obtain a license for each office associated with the firm.
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 28, 2008.
TRD-200803814
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.3 concerning License Renewals for Individuals and Firm Offices without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4465). The text of the rule will not be republished.
The amendment to §515.3 will add the phrase "(a) License renewals for individuals shall be as follows:"; renumber subsection (a) to (a)(1); delete "will"; will add the phrase "following the initial licensing period"; will add a new subsection (a)(2) "An individual's license will not be renewed if the individual has not earned the required continuing professional education credit hours, completed all application parts including all parts of the signed renewal and completed the affidavit reporting area on the renewal form"; will add new "(b) License renewal for firm offices shall be as follows:"; renumber subsection (c) to subsection (b)(1); delete "Staggered firm license expiration dates begin on January 1, 2007."; renumber subsection (d) to subsection (b)(2); renumber subsection (c) to subsection (b)(3); insert "This does not apply to firms providing work pursuant to the practice privilege provisions of this title."; renumber subsection (f) to subsection (b)(4); replace the phrase "notified the board of the peer review date assigned by a board approved sponsoring organization." with the phrase "met the peer review requirements as defined in Chapter 527 of this title (relating to Peer Review)."; delete "notified the board of the peer review date assigned by a board approved sponsoring organization."
The amendment will function by providing a clearer understanding of the requirements necessary for the board to issue licenses.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803815
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.4 concerning License Cancellation without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4466). The text of the rule will not be republished.
The amendment to §515.4 will replace the phrase "office's licenses" with the phrase "office('s) license(s)"; delete the sentence "A firm will not be considered in good standing until all of its office licenses have been issued".
The amendment will function by providing a clearer understanding of the requirements necessary to renew a license.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803816
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.5 concerning Reinstatement of a License without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4467). The text of the rule will not be republished.
The amendment to §515.5 will replace the phrase "a person" with "an individual" in subsections (a), (b) (c) and (d); replace the word "application" with the phrase "submitting a complete application" in subsection (c); replace paragraphs "(1) paying the board a fee that is equal to two times the normally required renewal fee for the license; (2) providing the Board, within 90 days of the date of the Board's receipt of the application for reinstatement, a complete application including evidence of the required licensure; and (3) demonstrating that the out of state license is no more than 90 days beyond the normal expiration date of the license." with paragraphs "(1) providing the Board, within 90 days of the date of the Board's receipt of a complete application including evidence of the required licensure; (2) demonstrating that the out of state license is no more that 90 days beyond the normal expiration date of the license; (3) paying the board a fee that is equal to two times the normally required renewal fee for the license; and (4) meeting the other requirements for licensing."
The amendment will function by providing a clearer understanding of the requirements to get an expired license reinstated.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803817
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.8 concerning Retirement Status or Permanent Disability without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4468). The text of the rule will not be republished.
The amendment to §515.8 will delete the phrase "who holds a current license"; add the word "at least"; replace the phrase "the licensee is no longer employed" with the phrase "that he has no association with accounting work for compensation"; replace the phrase "A certificate or registration holder" with the phrase "An individual" in subsections (a), (b) and (d); replace the phrase "since he was granted disability status" with the phrase "as required by §523.112(5)", replace the word "licensee" with the word "individual" and replace the phrase "since he was granted disability status" with the phrase "pursuant to §523.112(3)(D) of this title" in subsection (b)(3).
The amendment will function by using terminology consistent with the rest of the rule, provide a clearer understanding of the requirements for retirement and/or permanent disability status.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803818
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.9 concerning Collection of License Fees Following Disciplinary Action without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4469). The text of the rule will not be republished.
The amendment to §515.9 will replace the words "individual" and "certificate, license, or registration holder" with the word "person"; replace the "," with the word "or" and delete the phrase "or temporary permit".
The amendment will function by making a clearer rule by using terminology consistent with the rest of the rules.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803819
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.10 concerning Licenses for Individuals with Defaulted Student Loans without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4470). The text of the rule will not be republished.
The amendment to §515.10 will replace the words "licensee" and "licensee's" with the word "individual" and "individual's".
The amendment will function by providing a clearer rule using terminology consistent with the rest of the rules.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803820
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.11 concerning Exemption from Payment of the Professional Fee for Other than State of Texas Government Employees without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4471). The text of the rule will not be republished.
The amendment to §515.11 will delete the phrase "including as an employee, independent contractor, sole practitioner, partner, limited liability partner, shareholder of a professional corporation, or shareholder of a limited liability company" in subsection (a)(2); replace "licensee" with "individual" and replace "shall" with "will".
The amendment will function by providing a clearer rule due to the elimination of redundant language.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803821
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §515.12 concerning Exemption from Payment of the Professional Fee for State of Texas Employees without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4472). The text of the rule will not be republished.
The amendment to §515.12 will delete the phrase "including as an employee, independent contractor, sole practitioner, partner, limited liability partner, shareholder of a professional corporation, or shareholder of a limited liability company" in subsection (a)(2) and replace the word "licensee" with the word "individual".
The amendment will function by providing a clearer less repetitive rule.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803822
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §517.1 concerning Practice by Certain Out of State Firms without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4473). The text of the rule will not be republished.
The amendment to §517.1 will replace the word "with" with the phrase "that has" in subsection (a)(2) and in subsection (c)(2).
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803823
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.1, concerning Individual License Fees, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4475). The text of the rule will not be republished.
The amendment to §521.1(a) will replace the fee of "$45.00" with the fee of "$30.00" and replace the word "shall" with the word "will".
The amendment will function by an adjustment in the fees to be collected to better mirror revenue (including the increased number of applicants) and expenses.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803825
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.4, concerning Registration Fee for Foreign Accountants, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4476). The text of the rule will not be republished.
The amendment to §521.4(a) will replace the word "shall" with the word "will".
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803826
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.6, concerning Duplication and Other Charges and Refund of Board Fees, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4476). The text of the rule will not be republished.
The amendment to §521.6 will replace the phrase "the person" with the word "anyone"; delete the phrase "to eligible persons"; replace the phrase "to any person" with the word "for"; and replace the phrase "General Services Commission" with the phrase "Texas Facilities Commission" in subsection (a) and in subsections (a), (c) and (d) replace the word "shall" with the word "will".
The amendment will function by providing a clearer rule using terminology that is consistent with other board rules and Texas law.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803827
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.7, concerning Fee for Transfer of Credits, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4477). The text of the rule will not be republished.
The amendment to §521.7 will replace the word "shall" with the word "will" in subsections (a) and (b).
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803828
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.8, concerning Retired or Disabled Status, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4478). The text of the rule will not be republished.
The amendment to §521.8 will replace the word "shall" with the word "will".
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803829
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.9, concerning Certification Fee, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4479). The text of the rule will not be republished.
The amendment to §521.9 will replace the word "shall" with the word "will".
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803830
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.11, concerning Fee for a Replacement Certificate, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4479). The text of the rule will not be republished.
The amendment to §521.11 will replace the word "shall" with the word "will".
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803831
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.12, concerning Filing Fee, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4480). The text of the rule will not be republished.
The amendment to §521.12 will replace the word "shall" with the word "will".
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803832
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.13, concerning Firm License Fees, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4481). The text of the rule will not be republished.
The amendment to §521.13 will replace the word "shall" with the word "will" in subsections (a), (b), (e) and (f).
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803833
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts an amendment to §521.14, concerning Eligibility Fee, without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4482). The text of the rule will not be republished.
The amendment to §521.14(a) will replace the phrase "Upon implementation of the computer based" with the phrase "The board shall determine the"; delete the word "an"; and add the phrase ", not to exceed $100 per section, that"; and in paragraphs (1) - (4) delete "$35.00".
The amendment will function by providing a clearer rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803834
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848
SUBCHAPTER C. ETHICS RULES: INDIVIDUALS AND SPONSORS
The Texas State Board of Public Accountancy adopts an amendment to §523.132, concerning Board Contracted Ethics Instructors without changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4482). The text of the rule will not be republished.
The amendment to §523.132 will delete "after January 1, 2005" from the description of the rule; add the text "The" to the beginning of subsection (a); delete the following text "Effective January 1, 2005, the" and the following text "after January 1, 2005". In subsection (a)(1) after the text "Texas" insert the following text "or that the instructor is team teaching with a certified public accountant licensed in Texas". Delete the following text "within the last three years or". In subsection (b)(1) delete the following text "or by June 30, 2005, whichever is later,". In subsection (b)(5) delete the text "Public Accountancy". Add new subsection (d) with the following text "An instructor must submit a current resume with the contract." and renumber subsection (d) with (e).
The amendment will function by providing greater clarity regarding the requirements for ethics course instructors.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is 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 28, 2008.
TRD-200803835
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 305-7848