Part 11. TEXAS BOARD OF NURSING
Chapter 217. LICENSURE, PEER ASSISTANCE AND PRACTICE
The Texas Board of Nursing (BON) proposes an amendment to 22 Texas Administrative Code §217.20 (Safe Harbor Peer Review). The proposed amendment to §217.20 is to correct the name of the section title. When this rule was adopted and published in the May 2, 2008, issue of the Texas Register (33 TexReg 3632), the title was "Safe Harbor Peer Review," but it should have been "Safe Harbor Peer Review for Nurses and Whistleblower Protections."
Katherine Thomas, executive director, has determined that for the first five-year period the proposed amendment is adopted there will be no fiscal implications for state or local government as a result of the title change.
Katherine Thomas, executive director, has determined that for each year of the first five years the proposal is adopted, the public benefit is that nurses and individuals will more clearly understand the scope of the rule. There will be no additional cost to small businesses or affected individuals as a result of this proposed amendment.
Written comments on the proposal may be submitted to Joy Sparks, Assistant General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701; by email to joy.sparks@bon.state.tx.us; or by facsimile to (512) 305-8101.
The proposal is pursuant to the authority of Texas Occupations Code §301.151 and §301.152 that authorize the BON to adopt, enforce, and repeal rules consistent with its statutory authority under the Nursing Practice Act.
This proposal will not affect any other statutes or codes.
§217.20.Safe Harbor Peer Review for Nurses and Whistleblower Protections .
(a) - (l) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 20, 2008.
TRD-200802630
Katherine Thomas
Executive Director
Texas Board of Nursing
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-6823
The Texas Optometry Board proposes amendments to §273.4 concerning fees. The amendments raise the license renewal fees by $1.00 in order to provide funding for the appropriations made by the 80th Legislature. Amendments also change the late renewal fee for renewals one to ninety days late, and for renewals 90 to 365 days late, and the late fee for failure to timely obtain continuing education, since these fees are based on the license renewal fee.
Chris Kloeris, Executive Director of the Texas Optometry Board, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications for local government as a result of enforcing or administering the amendments. For state government, there will be increased revenue of $3,600.00 of the first year of the biennium and each year thereafter that the amended license fee amounts are in effect. Increased revenue of $185.00 each year will be realized due to the modification of the late renewal amount. Increased revenue of less than $100 of the first year of the biennium and each year thereafter that fee amounts are in effect is expected from the amendment to the increase for late continuing education compliance.
Chris Kloeris also has determined that for each of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be that funding for salary adjustments authorized by the 80th Legislature will be implemented, and that licensees will timely renew licenses.
Economic Impact Statement and Regulatory Flexibility Analysis
The agency licenses approximately 3,600 optometrists and therapeutic optometrists. A significant majority of licensees own or work in one or more of the 1,000 to 3,000 optometric practices which meet the definition of a small business. Some of these practices meet the definition of a micro business. The agency does not license these practices.
The agency is funded primarily by license renewal fees. Lesser funding comes from application fees and first year license fees. To fund the statewide salary increase for agency employees authorized in the 80th Legislative Session, the agency can increase license renewal fees a very small amount, or application fees for new graduates a substantial amount. The agency believes that the small increment for all licensees is the most equitable approach. The economic costs for persons who are required to comply with the amendments, including small businesses, will be the same additional $1.00 license renewal fee increase for each license holder. No disparate effect is foreseen on small or micro-businesses as the fee is imposed on individual professionals regardless of the size of any business. Comments are solicited if a disparate cost of compliance can be established.
Comments on the proposal may be submitted to Chris Kloeris, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942. The deadline for furnishing comments is thirty days after publication in the Texas Register.
The amendment is proposed under the Texas Optometry Act, Texas Occupations Code, §§351.151, 351.152, 351.304 and 351.308; and House Bill 1, 80th Legislature. No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession; §351.152 as granting the Board the authority to establish by rule reasonable and necessary fees to cover the costs of administering the act; §351.304 as setting the requirements for late renewal fees, and §351.308 as setting the fee for delayed continuing education compliance. House Bill 1 authorizes salary adjustments and the funding mechanism for the adjustments.
§273.4.Fees (Not Refundable).
(a) (No change.)
(b) Initial Therapeutic License $50.00 plus $200.00
additional fee required by §351.153 [Section
351.153] of the Act, and plus $5.00 fee required by House Bill
2985, 78th Legislature. Total fee: $255.00.
(c) Provisional License $75.00.
(d) (No change.)
(e) Duplicate License (lost, destroyed, or name change) $25.00.
(f) Duplicate/Amended Renewal Certificate (lost, destroyed, inactive, active) $25.00.
(g) License Renewal $187.00 [$186.00]
plus $200.00 additional fee required by §351.153 [
Section 351.153
] of the Act, and plus $1.00 fee required by House Bill
2985, 78th Legislature. The inactive licensee fee does not include
$200.00 additional fee. Total fees: $388.00 [$387.00]
active renewal; $188.00 [$187] inactive renewal
.
(h) License fee for late renewal, one to 90 days late:
$280.50 [$279.00
] plus $200.00 additional fee required by §351.153 [
Section 351.153] of the Act,
and plus $1.00 fee required by House Bill 2985, 78th Legislature.
The inactive licensee fee does not include $200.00 additional fee.
Total late license fees: $481.50 [$480.00
] active renewal; $281.50 [$280.00
] inactive renewal.
(i) License fee for late renewal, 90 days to one year late:
$374.00 [$372.00
] plus $200.00 additional fee required by §351.153 [
Section 351.153]
of the Act, and plus $1.00 fee required by House Bill 2985, 78th Legislature.
The inactive licensee fee does not include $200.00 additional fee.
Total late license fees: $575.00 [$573.00
] active renewal; $375.00 [$373.00
] inactive renewal.
(j) Late fees (for all renewals with delayed continuing
education) $187.00. [$186.00]
(k) Therapeutic Certification Application $80.00.
(l) Duplicate Therapeutic or Optometric Glaucoma Specialist Certificate (lost, destroyed) $25.00.
(m) (No change.)
(n) Optometric Glaucoma Specialist License Application $50.00.
(o) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802672
Chris Kloeris
Executive Director
Texas Optometry Board
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-8502
Chapter 501. RULES OF PROFESSIONAL CONDUCT
Subchapter E. RESPONSIBILITIES TO THE BOARD/PROFESSION
The Texas State Board of Public Accountancy (Board) proposes an amendment to §501.90 concerning Discreditable Acts.
The amendment to §501.90 will replace the word "subpoena" with the phrase "(1) a court order; or (2) a summons (a) under the provisions of the Internal Revenue Code of 1986 and its subsequent amendments, (b) the Securities Act of 1933 (15 U.S.C. §77a et seq.) and its subsequent amendments, or (c) 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."
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a rule that is consistent with the Act.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the rule imposes no additional responsibilities or costs above those the Legislature already ordered.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§501.90.Discreditable Acts.
A person shall not commit any act that reflects adversely on
that person's [his
] fitness to engage in the practice
of public accountancy. A discreditable act includes but is not limited to:
(1) fraud or deceit in obtaining a certificate as a certified public accountant or in obtaining registration under the Act or in obtaining a license to practice public accounting;
(2) dishonesty, fraud or gross negligence in the practice of public accountancy;
(3) violation of any of the provisions of Subchapter J or §901.458 of the Act applicable to a person certified or registered by the board;
(4) final conviction of a felony or imposition of deferred adjudication or community supervision in connection with a criminal prosecution of a felony under the laws of any state or the United States;
(5) final conviction of any crime or imposition of deferred adjudication or community supervision in connection with a criminal prosecution, an element of which is dishonesty or fraud under the laws of any state or the United States, a criminal prosecution for a crime of moral turpitude, a criminal prosecution involving alcohol abuse or controlled substances, or a criminal prosecution for a crime involving physical harm or the threat of physical harm;
(6) cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a public accountant by any other state for any cause other than failure to pay the appropriate registration fee in such other state;
(7) suspension or revocation of or any consent decree concerning the right to practice before any state or federal regulatory or licensing body for a cause which in the opinion of the board warrants its action;
(8) knowingly participating in the preparation of a false or misleading financial statement or tax return;
(9) fiscal dishonesty or breach of fiduciary responsibility of any type;
(10) failure to comply with a final order of any state or federal court;
(11) repeated failure to respond to a client's inquiry within a reasonable time without good cause;
(12) misrepresenting facts or making a misleading or deceitful statement to a client;
(13) false swearing or perjury in any communication to the board or any other federal or state regulatory or licensing body;
(14) threats of bodily harm or retribution to a client;
(15) public allegations of a lack of mental capacity of a client which cannot be supported in fact;
(16) voluntarily disclosing information communicated to the person by an employer, past or present, or through the person's employment in connection with accounting services rendered to the employer, except:
(A) by permission of the employer;
(B) pursuant to the Government Code, Chapter 554 (commonly referred to as the "Whistle Blowers Act");
(C) pursuant to: [a subpoena or other
compulsory process];
(i) a court order; or
(ii) a summons
(I) under the provisions of the Internal Revenue Code of 1986 and its subsequent amendments,
III) 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;
(D) in an investigation or proceeding by the board; [
under the Public Accountancy Act; or]
(E) in an ethical investigation conducted by a professional
organization of certified public accountants;
or [and]
(F) in the course of a peer review under Section 901.159 of the Public Accountancy Act; or
(G) any information that is required to be disclosed by the professional standards for reporting on the examination of a financial statement.
(17) breaching the terms of an agreed consent order entered by the Board or violating any Board Order.
(18) Interpretive Comment: The board has found in §519.7 of this title (relating to Misdemeanors that Subject a Person to Discipline by the Board) and §525.1 of this title (relating to Applications for the Uniform CPA Examination, Issuance of the CPA Certificate, a License, or Renewal of a License for Persons with Criminal Backgrounds) that any crime of moral turpitude directly relates to the practice of public accountancy. A crime of moral turpitude is defined in this chapter as a crime involving grave infringement of the moral sentiment of the community. The board has found in §519.7 of this title that any crime involving alcohol abuse or controlled substances directly relates to the practice of public accountancy.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802716
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §501.93 concerning Responses.
The amendment to §501.93 will add the word and phrase "either" in writing and "or through the board's website," to subsection (d).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to clarify board procedures which are in keeping with currently accepted standard office practices.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because, by eliminating paper and postage by communicating through our website, small business should save money.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§501.93.Responses.
(a) A person shall substantively respond in writing to any communication from the board requesting a response, within 30 days. The board may specify a shorter time for response in the communication when circumstances so require. The time to respond shall commence on the date the communication was mailed, delivered to a courier or delivery service, faxed or e-mailed to the last address, facsimile number, or e-mail address furnished to the board by the applicant or person.
(b) A person shall provide copies of documentation and/or work papers in response to the board's request at no expense to the board within 30 days. The board may specify a shorter time for response in the communication when circumstances so require. The time to respond shall commence on the date the request was mailed, delivered to a courier or delivery service, faxed or e-mailed to the last address, facsimile number or e-mail address furnished to the board by a person. A person may comply with this subsection by providing the board with original records for the board to duplicate. In such a circumstance, upon request the board will provide an affidavit from the custodian of records documenting custody and control of the records.
(c) Failure to timely respond substantively to written communications, or failure to furnish requested documentation and/or work papers, constitutes conduct indicating lack of fitness to serve the public as a professional accountant.
(d) Each applicant and each person required to be registered with the board under the Act shall notify the board, either in writing or through the board's website , of any and all changes in either such person's mailing address or telephone number and the effective date thereof within 30 days before or after such effective date.
(e) Interpretive Comment. This section should be read in conjunction with §519.6 of this title (relating to Subpoenas).
(f) Interpretive Comment. In this section, the term board includes board staff.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802731
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
Subchapter C. EDUCATIONAL REQUIREMENTS
The Texas State Board of Public Accountancy (Board) proposes an amendment to §511.58 concerning Definitions of Related Business Subjects.
The amendment to §511.58 will insert "approved by the board and" in subsection (c).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to clarify the existing rule and the requirements for the required ethics course.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it will not affect small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
he Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§511.58.Definitions of Related Business Subjects.
(a) An individual who holds a baccalaureate degree from a recognized educational institution may take related business courses offered at an accredited community college, provided they are recognized as upper level courses for a 4-year BBA degree from an institution recognized by the board.
(b) The board will accept not fewer than 24 passing semester hours of upper level courses (for the purposes of this subsection, economics and statistics at any college level will count as upper division courses) as related business subjects (without repeat), taken at a recognized educational institution shown on official transcripts or accepted by a recognized educational institution for purposes of obtaining a baccalaureate degree or its equivalent, in the following areas. Not more than 6 semester hours taken in any subject area may be used to meet the minimum hour requirement.
(1) business law, including study of the Uniform Commercial Code;
(2) economics;
(3) management;
(4) marketing;
(5) business communications;
(6) statistics;
(7) technical writing (covering subjects such as opinions, tax planning reports, and management advisory services reports and management letters);
(8) finance;
(9) information systems or technology; and
(10) other areas related to accounting.
(c) In addition to the 24 hours required in subsection (b) of this section, the board requires that 3 passing semester hours be earned as a result of taking a course in ethics. The course must be approved by the board and taken at a recognized educational institution and should include core values such as ethical reasoning, integrity, objectivity and independence.
(d) Credit for hours taken at recognized colleges and universities using the quarter system shall be counted as 2/3 of a semester hour for each hour of credit received under the quarter system.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802717
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §511.122, concerning Acceptable Work Experience.
The amendment to §511.122 will insert the following text "attest services as defined in §501.52(4) of this title (relating to Definitions), 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."
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be zero because the amendment does not require the state to do anything.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a rule that clarifies what constitutes acceptable work experience.
The probable economic cost to persons required to comply with the amendment will be zero.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the amendment does not impose any duties or obligations upon small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
he Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§511.122.Acceptable Work Experience.
(a) Work experience shall be under the supervision of a CPA experienced in the non-routine accounting area assigned to the candidate and who holds a current license issued by this board or by another state board of accountancy as defined in §511.124 of this title (relating to Acceptable Supervision).
(b) Non-routine accounting involves attest services as defined in §501.52(4) of this title (relating to Definitions), or professional accounting services or professional accounting work as defined in 501.52(21) of this title, and the use of independent judgment, applying entry level or higher professional accounting knowledge and skills to select, correct, organize, interpret, and present real-world data as accounting entries, reports, statements, and analyses extending over a diverse range of tax, accounting, assurance, and control situations.
(c) All work experience, to be acceptable, shall be gained in the following categories or in any combination of these.
(1) Client practice of public accountancy. All work experience gained in a firm in the client practice of public accountancy must be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters. If such firm is a CPA firm it shall be in good standing with the board, or, if the experience is gained in another state or territory, the firm shall be in good standing and in compliance with all laws applicable to CPA firms of that state or territory.
(2) Industry. All work experience gained in industry shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters. Acceptable industry work experience includes:
(A) internal auditor;
(B) staff, fund or tax accountant;
(C) accounting, financial or accounting systems analyst; and
(D) controller.
(3) Government. All work experience gained in government shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters and which meets the criteria in subparagraphs (A) - (E) of this paragraph. The board will review on a case-by-case basis experience which does not clearly meet the criteria identified in subparagraphs (A) - (E) of this paragraph. Acceptable government work experience includes but is not limited to:
(A) employment in state government as an accountant or auditor at Salary Classification B6 or above, or a comparable rating;
(B) employment in federal government as an accountant or auditor at a GS Level 7 or above;
(C) employment as a special agent accountant with the FBI;
(D) military service, as an accountant or auditor as a Second Lieutenant or above; and
(E) employment with other governmental entities as an accountant or auditor.
(4) Law firm. All work experience gained in a law firm shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters comparable to the experience ordinarily found in a CPA firm, shall be under the supervision of a CPA or an attorney, and shall be in one or more of the following areas:
(A) tax--planning, compliance and litigation and;
(B) estate planning.
(5) Education. Work experience gained as an instructor
at a college or university will qualify if evidence is presented showing
independent thought and judgment was used on non-routine accounting
matters. Only the teaching of upper division courses
on a full time basis may [as approved by the board will
] be considered. All experience shall be supervised by the department chair
or faculty member who is a CPA.
(6) Internship. The Board will consider, on a case-by-case
basis, experience acquired through the accounting internship program,
provided [evidence is submitted demonstrating] that the
experience was
non-routine accounting as defined by this title. [
comparable to that of a full-time staff accountant in non-routine
accounting matters.
] If an accounting internship course is counted
toward fulfilling the education requirement, the internship may not
be used to fulfill the work experience requirement.
(7) Other. Work experience gained in other positions may be approved by the board as experience comparable to that gained in the practice of public accountancy under the supervision of a CPA upon certification by the person or persons supervising the candidate that the experience was of a non-routine accounting nature which continually required independent thought and judgment on important accounting matters.
(8) Self employment may not be used to satisfy the work experience requirement unless approved by the Board.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802724
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §512.1 concerning Certification as a Certified Public Accountant by Reciprocity.
The amendment to §512.1, Certification as a Certified Public Accountant by Reciprocity, will replace the word "person" with the word "individual" throughout the rule.
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule since only individuals are subject to reciprocal provisions.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the proposed amendment does not place any additional responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§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 [person
] who is qualified under §901.259 or §901.260 of the
Act. The individual's [person'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 [person's] application for
certification by reciprocity has been approved and a certificate has
been issued to the individual [person] by this board.
(b) An individual [A person]
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 [person] 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
[Public] Accountancy Verified Substantially Equivalent
Jurisdictions) as having substantially equivalent requirements for
certification; or
(B) the individual [person] 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 [person] 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 [person] met
the requirements in effect for issuance of a certificate in this state
on the date the person was issued a certificate or license by another
domestic jurisdiction; or
(E) after passing the uniform CPA examination, the
individual [person
] 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 [person] meets
the CPE requirements applicable to certificate holders contained in
Chapter 523 of this title (relating to Continuing Professional Education).
(c) A individual [person] 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 [persons
] 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 proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802718
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §512.2, concerning National Association of State Boards of Accountancy Verified Substantially Equivalent Jurisdictions.
The amendment to §512.2(c) will replace the phrase "a person" with "an individual".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to clarify the rule and provide more consistent terminology through out the rules.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it does not place any additional responsibilities or costs on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§512.2.National Association of State Boards of Accountancy Verified Substantially Equivalent Jurisdictions.
(a) - (b) (No change.)
(c) An individual [A person]
who has a valid certificate to practice as a certified public accountant
from a domestic jurisdiction that has not been verified as substantially
equivalent to the Uniform Accountancy Act by NASBA may obtain a verification
from NASBA's National Qualification Appraisal Service that his personal
education, examination and experience are comparable to or exceed
the education, examination and experience requirements for certification
contained in the Uniform Accountancy Act. The board shall consider
an individual [a person
] whose personal education, examination
and experience has been verified by NASBA to be substantially equivalent
as being from an approved substantially equivalent domestic jurisdiction
for certification by reciprocity under this chapter and for registration
of out-of-state practitioners with substantially equivalent qualifications
under Chapter 513 of this title (relating to Registration).
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802757
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §512.4, concerning Application for Certification by Reciprocity.
The amendment to §512.4(a) will replace the phrase "A person" with "An individual" and delete the phrase "and submitted to the executive director".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will simplify the reciprocity process.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it does not impose any additional responsibilities or costs on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§512.4.Application for Certification by Reciprocity.
(a) An individual [A person]
seeking certification by reciprocity must apply for certification
on a form prescribed by the board [and submitted to the executive
director]. The application must be accompanied by the requisite
fee and shall include written authorization from the applicant empowering
the board to obtain all information concerning the applicant's qualifications
and present standing.
(b) - (e) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802732
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §512.6, concerning Reciprocal Fee.
The amendment to §512.6 will replace the phrase "A person" with "An individual" in subsection (a) and replace the word "void" with the phrase "deemed denied" in subsection (b).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to clarify the effect of failure to complete timely the reciprocal application process.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it will not affect small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§512.6.Reciprocal Fee.
(a) An individual [A person]
making application for a certificate by reciprocity must submit a
processing fee and a professional fee as stated in §521.3 of
this title (relating to Fee for Certification by Reciprocity). If
the application is approved by the board, the individual must then
pay the license fee upon receipt of the license notice.
(b) All the requirements for certification must be
completed by the applicant within six months after board's date of
receipt of the application. If all the requirements are not completed
within six months, the application will be
deemed denied [void
]. The professional fee will be refunded to the applicant.
The processing fee paid will not be refunded to the applicant.
(c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802733
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
Subchapter A. REGISTRATION OF CPAS OF OTHER STATES AND PERSONS HOLDING SIMILAR TITLES IN FOREIGN COUNTRIES
The Texas State Board of Public Accountancy (Board) proposes an amendment to §513.1 concerning Registration of Foreign Practitioners with Substantially Equivalent Qualifications.
The amendment to §513.1 will replace the word "person" with "individual".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to clarify the requirements for foreign practitioners with substantially equivalent qualifications to register with the board.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it will not affect small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§513.1.Registration of Foreign Practitioners with Substantially Equivalent Qualifications.
An individual [A person] who holds a
valid certificate or other credential issued by a foreign jurisdiction
that allows the individual [person] to practice
public accountancy in the issuing jurisdiction may, if that certificate
or credential remains in good standing in the issuing jurisdiction,
make application for registration with the board upon a prescribed
form. The application must be accompanied by the requisite fee and
must include written authorization empowering the board to obtain
all information concerning the applicant's qualifications and the
requirements for licensing by the issuing foreign jurisdiction.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802719
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §513.10, concerning Eligibility for Firm License.
The amendment to §513.10(a) will replace the word "persons" with "individuals" in paragraph (1); and replace the phrase "a person" with "an individual" in paragraph (2).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be provide more consistent terminology through out the rules.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because does not place any additional responsibilities or costs on small business.
Mr. Treacy has determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§513.10.Eligibility for Firm License.
(a) To be eligible for a firm license, the firm must show:
(1) that a majority of the ownership of the firm, in
terms of both financial interests and voting rights, belongs to
individuals [persons
] who hold certificates issued under this
chapter or are licensed as a CPA in another state; and
(2) that all attest services performed in this state
are under the supervision of an individual [a person]
who holds a certificate issued by the board or by another state.
(b) - (c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802720
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §513.11, concerning Qualifications for Non-CPA Owners of Firm License Holders.
The amendment to §513.11 will replace the phrase "a natural person" with "an individual" in subsection (a)(1); replace the phrase "involved in the firm" with "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" in subsection (a)(2); add the phrase "as determined by the board" to subsection (b)(4); delete subsection (c); reletter subsection (d) as subsection (c); replace the word "Owner" with the phrase "A Non-CPA Owner" and replace the word "person" with "individual".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to clarify the substantive nature of the involvement required of a non-licensed individual owner.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it does not place any additional responsibilities or costs on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§513.11.Qualifications for Non-CPA Owners of Firm License Holders.
(a) A firm which includes non-CPA owners may not qualify for a firm license unless every non-CPA owner of the firm:
(1) is an individual [a natural person];
(2) is actively 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 [involved
in the firm] or an affiliated entity; and
(3) (No change.)
(b) Each of the non-CPA owners who are residents of the State of Texas must also:
(1) - (3) (No change.)
(4) hold a baccalaureate or graduate degree conferred by a college or university within the meaning of §511.52 of this title (pertaining to Recognized Colleges and Universities) or equivalent education as determined by the board; and
(5) (No change.)
[(c) "Actively involved" means 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.]
(c) [(d)] A "Non-CPA Owner" [
"Owner"] includes any individual [person]
who has any financial interest in the firm or any voting rights in
the firm.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802734
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §513.12, concerning Application for Firm License.
The amendment to §513.12(a) will replace the word "upon" with "on"; delete the phrase "and submitted to the executive director"; add the word "an"; and delete the phrase "in this state".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to simplify the rule and provide more consistent terminology through out the rules.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it does not place any additional responsibilities or costs on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§513.12.Application for Firm License.
(a) Application for a firm license must be made
on [upon] a form prescribed by the board [
and submitted to the executive director
]. The application must be accompanied by an
affidavit of an individual owner who holds a license
to practice public accountancy [in this state] affirming
that all statements are true and correct.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802735
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §513.13 concerning Certification of Corporate Franchise Tax Status.
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).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to clarify the annual reporting requirement of all firms.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the rule merely clarifies that all firms subject to the state franchise tax must answer the question whether their state franchise taxes are current on the already-required form.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§513.13.Certification of Corporate Franchise Tax Status.
(a) Each firm subject to the Texas franchise tax must certify in its application for a firm license that its Texas franchise taxes are current.
[(a) 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.]
(b) The making of a false statement as to corporate franchise tax status on any license application or renewal as described in subsection (a) of this section is grounds for suspension or revocation of the license.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802736
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas State Board of Public Accountancy or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Public Accountancy (Board) proposes the repeal of §513.14, concerning Affidavit of Firm.
The proposed repeal of §513.14 will omit a rule that is no longer relevant.
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed repeal will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the repeal will be none.
B. the estimated reductions in costs to the state and to local governments as a result of enforcing or administering the repeal will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the repeal will be none.
Mr. Treacy has determined that for the first five-year period the repeal is in effect the public benefits expected as a result of adoption of the proposed repeal will be the elimination of a rule that is no longer relevant.
The probable economic cost to persons required to comply with the repeal will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed repeal will not affect a local economy.
Mr. Treacy has determined that the proposed repeal will not have an adverse economic effect on small businesses because the repeal does not impose any duties or obligations upon small businesses.
Mr. Treacy has determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the repeal will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed repeal from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed repeal will have an adverse economic effect on small businesses; if the repeal is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally, describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002.
The repeal is proposed 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 this proposed repeal.
§513.14.Affidavit of Firm.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802723
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §513.15 concerning Firm Offices.
The amendment to §513.15 will replace the phrase "Certified Public Accountancy Firm" with the phrase "certified public accountancy firm" in subsection (a).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer, grammatically correct rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it does not place any additional responsibilities or costs on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§513.15.Firm Offices.
(a) A certified public accountancy firm [Certified
Public Accountancy Firm] must hold a license for each office
located in Texas.
(b) Each office of a firm must be under the direct supervision of a resident manager. A resident manager may be an owner, member, partner, shareholder, or employee of the firm and must be licensed under the Act.
(c) A resident manager may supervise more than one office provided that the firm's application for issuance or renewal of the firm license or registration identifies each of the offices the resident manager will supervise.
(d) A resident manager is responsible for the supervision of professional services and may be held responsible for the violations of the Act or Rules for the activities of each office under his supervision.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802737
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.1 concerning License.
The amendment to §515.1 will add the phrase "and a license shall not be issued or renewed unless the board has received all required fees, continuing professional education 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."
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clear succinct rule that all routine renewal procedures must be completed to renew your license.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it places no new or additional requirements or costs on anyone including small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.1.License.
(a) Individuals certified or registered by this board must obtain a license for each 12-month interval and a license shall not be issued or renewed unless the board has received all required fees, continuing professional education 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.
[(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.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802748
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.3 concerning License Renewals for Individuals and Firm Offices.
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."
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer understanding of the requirements necessary for the board to issue licenses.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small or micro businesses because the rule merely clarifies existing requirements for a license.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.3.License Renewals for Individuals and Firm Offices.
(a) License renewals for individuals shall be as follows:
(1) [(a)] Licenses for individuals
[will
] have staggered expiration dates based on the last
day of the individuals' birth months. The license will be issued for
a 12-month period following the initial licensing period.
(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.
(3) [(b)] At least 30 days before
the expiration of an individual's license, the board shall send written
notice of the impending license expiration to the individual at the
last known address according to board records.
(b) License renewal requirements for firm offices shall be as follows:
(1) [(c)] Licenses for offices of firms [
will] have staggered expiration dates for payment
of fees, which are [will be] due the last day
of a board assigned renewal month. All offices of a firm will have
the same renewal month. [
Staggered firm license expiration dates
begin on January 1, 2007.
] All firms will be issued a license
for a 12-month period following the initial licensing period.
(2) [(d)] At least 30 days before
the expiration of a firm's office license, the board shall send written
notice of the impending license expiration to the main office of the
firm at the last known address according to the records of the board.
(3) [(e)] A firm's office license
shall not be renewed unless the sole proprietor, each partner, officer,
director, or shareholder of the firm who is listed as a member of
the firm and who is certified or registered under the Act has a current
individual license. This does not apply to firms providing work
pursuant to the practice privilege provisions of this title.
(4) [(f)] If a firm is subject
to peer review, then a firm's office license shall not be renewed
unless the office has met the peer review requirements as defined
in Chapter 527 of this title (relating to Peer Review). [notified
the board of the peer review date assigned by a board approved sponsoring
organization.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802749
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.4 concerning License Cancellation.
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".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer understanding of the requirements necessary to renew a license.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no new or additional responsibilities or costs on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.4.License Cancellation.
Failure to submit to the board a completed renewal notice,
the renewal fee and any other required documents before the license
expiration date will result in the cancellation of the individual's
or the firm office('s) license(s). [office's license.
A firm will not be considered in good standing until all of its office
licenses have been issued.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802750
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.5 concerning Reinstatement of a License.
The amendment to §515.5 will replace the phrase "a person" with "an individual" in subsection (a), (b) and (c); replace the word "application" with the phrase "submitting an affidavit for reinstatement"; in subsection (c) replace subparagraphs "(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 the affidavit for reinstatement, 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."
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer understanding of the requirements to get an expired license reinstated.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the rule does not place any significantly different responsibilities on small business; it merely uses terminology consistent with the rest of the rules.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.5.Reinstatement of a License.
(a) An individual [A person]
whose license has been expired for 90 days or less may renew the license
by paying to the board a renewal fee that is equal to 1 1/2 times
the normally required renewal fee.
(b) An individual [A person]
whose license has been expired for more than 90 days but less than
one year may renew the license by paying to the board a renewal fee
that is equal to two times the normally required renewal fee.
(c) An individual [A person]
whose license has been expired for at least one year but less than
two years may renew the license by paying to the board a renewal fee
that is equal to three times the normally required renewal fee.
(d) A licensee who was revoked under §901.502(3) or (4) of the Act, has moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of submitting a complete application may obtain a new license without reexamination by:
(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
[(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.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802751
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.8 concerning Retirement Status or Permanent Disability.
The amendment to §515.8 will delete the phrase "who holds a current license"; add the words "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 subsection (a), (b) and (d); replace the phrase "since he was granted disability status" with the phrase "as required by §523.112(5)" in paragraph (3) of subsection (a); and replace the word "licensee" with the word "individual".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will, by using terminology consistent with the rest of the rule, provide a clearer understanding of the requirements for retirement and/or permanent disability status.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no new responsibilities or costs on small business; it merely uses terminology consistent with the rest of the rules.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.8.Retirement Status or Permanent Disability.
(a) Retired status. An individual [who holds a current license
] who is at least 60 years old and
has filed a request on a form prescribed by the board stating
that he has no association with accounting work for compensation
[the licensee is no longer employed] may be granted retired status
at the time of license renewal. An individual [A certificate
or registration holder
] who has been granted retired status
and who reenters the work force in a position that has an association
with accounting work for which he receives compensation automatically
loses the retired status. Upon reentry into the workforce under such
conditions, the individual [certificate or registration
holder] must notify the board and request a new license renewal
notice and:
(1) pay the license fee established by the board for the period since he became employed;
(2) complete a new license renewal notice; and
(3) meet the continuing professional education requirements for the period since he was granted the retired status as required by §523.112(5) of this title (relating to Mandatory CPE Attendance).
(b) Permanent disability status. Permanent disability
status may be granted to a individual [certificate
or registration holder
] who submits to the board a statement
and a notarized affidavit from the licensee's physician stating that
the individual [certificate or registration holder]
is unable to work and clearly details the disability. This status
may be granted only at the time of license renewal.
An individual [A certificate or registration holder
] who has been granted permanent
disability status and who reenters the work force in a position that
has an association with accounting work for which he receives compensation
automatically loses the permanent disability status. Upon reentry
into the workforce under such conditions, the individual [
certificate or registration holder] must notify the board and
request a new license renewal notice and:
(1) pay the license fee established by the board for the period since he became employed;
(2) complete a new license renewal notice; and
(3) meet the continuing professional education requirements
for the period pursuant to §523.112(3)(D) of this title [
since he was granted disability status].
(c) For purposes of this section the term "association with accounting work" shall include the following:
(1) working or supervising work performed in the areas of financial accounting and reporting; tax compliance, planning or advice; management advisory services; accounting information systems; treasury, finance, or audit; or
(2) representing to the public, including an employer,
that the individual [licensee
] is a CPA or public
accountant in connection with the sale of any services or products
involving accounting work, including such designation on a business
card, letterhead, promotional brochure, advertisement, or office; or
(3) offering testimony in a court of law purporting to have expertise in accounting and reporting, auditing, tax, or management services; or
(4) for purposes of making a determination as to whether
the individual [licensee
] fits one of the categories
listed in subsections (a) or (b) of this section, the questions shall
be resolved in favor of inclusion of the work as in "association with
accounting work."
(d) All board rules and all provisions of the Act apply to
an individual [a certificate or registration holder]
in retired or permanent disability status.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802752
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.9 concerning Collection of License Fees Following Disciplinary Action.
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".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to make a clearer rule by using terminology consistent with the rest of the rules.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the proposed amendments imposes no additional responsibilities or costs on small business; they merely use terminology consistent with the rest of the rules.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.9.Collection of License Fees Following Disciplinary Action.
(a) A person [A certificate or registration holder
] whose certificate, license or registration, has been
suspended or revoked by the board for failure to comply with the Board's
Rules of Professional Conduct, exclusive of §501.94 of this title
(relating to Mandatory Continuing Professional Education), will not
be assessed license fees and penalties for the license years during
which the certificate, license or registration was suspended or revoked
but the person [individual] must pay prorated
license year fees for that portion of the license period for which
reinstatement of the certificate, license or registration is granted.
(b) The board will not refund any fees paid for the license year in which the suspension or revocation occurs.
(c) If the certificate, license, or registration was
suspended or revoked for non-payment of annual license fees or failure
to comply with §501.94 of this title [(relating to Mandatory
Continuing Professional Education)], upon written application
the executive director will decide on an individual basis whether
the fees and penalties must be paid for the license years of suspension
or revocation and whether any fee exemption is applicable.
(d) It is the responsibility of the person [
certificate, license, or registration holder] whose certificate,
license or [,] registration [or temporary
permit] is suspended to apply to the board for the issuance
of a certificate, license, or registration upon termination of suspension.
(e) Continuing professional education requirements are addressed in Chapter 523 of this title (relating to Continuing Professional Education).
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802753
J. Randel (Jerry) Hill
General Counsel
Texas Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.10 concerning Licenses for Certificate Holders with Defaulted Student Loans.
The amendment to §515.10 will replace the words "licensee" and "licensee's" with the words "individual" and "individual's"; replace the words "person" and "persons" with the words "individual" and "individuals"; and replace the words "Certificate Holders" with the word "Individuals" in the section title.
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule using terminology consistent with the rest of the rules.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the proposed amendment does not impose any additional costs or responsibilities on small business; it merely used terminology consistent with the rest of the rules.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.10.Licenses for Individuals [ Certificate Holders ] with Defaulted Student Loans.
(a) The board shall not renew the license of an individual [
a licensee] whose name appears on the
list of individuals [persons
] who are in default
of loans guaranteed by the Texas Guaranteed Student Loan Corporation
(TGSLC) and in default of repayment agreements unless:
(1) the renewal is the first renewal following the
board's receipt of the list including the
individual's [licensee's
] name among those in default; or
(2) the individual [licensee]
presents a certificate issued by TGSLC certifying that:
(A) the individual [licensee]
has entered a repayment agreement on the defaulted loan; or
(B) the individual [licensee]
is not in default on a loan guaranteed by TGSLC.
(b) The board may issue initial licenses to persons
whose names appear on the list of individuals [persons]
who are in default of loans guaranteed by TGSLC if that
individual [person
] meets the qualifications for licensure established by
the board; provided, however, that the board shall not renew the license
unless the individual [person
] presents a certificate
issued by TGSLC certifying that:
(1) the individual [licensee]
has entered into a repayment agreement on the defaulted loan; or
(2) the individual [licensee]
is not in default on a loan guaranteed by TGSLC.
(c) The board shall provide individuals [licensees
] with the opportunity to have a public hearing pursuant to
the board's rules prior to taking action concerning nonrenewal of
licenses for default of student loans.
(d) The board's nonrenewal policy shall be printed on each license renewal notice and license application.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802754
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.11 concerning Exemption from Payment of the Professional Fee for Other than State of Texas Government Employees.
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" and replace "licensee shall" with "individual will" in subsection (a)(2); and replace the word "licensee" with "individual" throughout the rule.
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule due to the elimination of redundant language.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the proposed amendment does not impose any additional responsibilities or costs on small business; it just simplified the rule, e.g., the phrase "in any manner" doesn't need any further elaboration.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.11.Exemption from Payment of the Professional Fee for Other than State of Texas Government Employees.
(a) The board may grant an exemption from the payment
of the professional fee to an individual [a licensee]
employed by the federal government, the government of another state,
or a municipal or county government of this state. To receive the
exemption, the individual [licensee] must submit
a notarized affidavit to the board attesting to the following:
(1) the individual [licensee]
is employed by one of the governmental entities identified in this
subsection and is restricted by virtue of the employment from performing
any accounting services for anyone other than the employing governmental
entity; and
(2) the individual will [licensee shall]
not engage in the client practice of public accountancy in any manner
[including as an employee, independent contractor, sole practitioner,
partner, limited liability partner, shareholder of a professional
corporation, or shareholder of a limited liability company]
during the license period for which the exemption is granted.
(b) If the the individual [licensee]
subsequently engages in the client practice of public accountancy,
the individual [licensee
] must immediately report
this fact to the board's Licensing Division and must pay the professional
fee for that license period, which will not be prorated.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802755
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §515.12 concerning Exemption from Payment of the Professional Fee for State of Texas Employees.
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 paragraph (2) of subsection (a).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer less repetitive rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the proposed amendment does not impose any additional responsibilities or costs on small business; it just simplifies the rule.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§515.12.Exemption from Payment of the Professional Fee for State of Texas Employees.
(a) The board may grant an exemption from the payment
of the professional fee to an individual [a licensee]
employed by the State of Texas. To receive the exemption, the
individual [licensee
] must submit a notarized affidavit to
the board attesting to the following:
(1) the individual [licensee]
is an employee of the State of Texas and the agency at which the
individual [licensee
] is employed has authorized payment of
the professional fee on the individual's [licensee's]
behalf; and
(2) the individual [licensee]
shall not engage in the client practice of public accountancy in any
manner [including as an employee, independent contractor, sole
practitioner, partner, limited liability partner, shareholder of a
professional corporation, or shareholder of a limited liability company]
during the license period for which the exemption is granted.
(b) If the individual [licensee]
subsequently engages in the client practice of public accountancy,
the individual [licensee] must immediately report
this fact to the board's Licensing Division and must pay the professional
fee for the license period, which will not be prorated.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802756
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §517.1, concerning Practice by Certain Out of State Firms.
The amendment to §517.1 will replace the word "with" with the phrase "that has" in subsection (a)(2) and in subsection (c)(2).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the proposed amendment merely clarified the rule and places no additional burden or costs on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§517.1.Practice by Certain Out of State Firms.
(a) A firm is required to hold a firm license if the firm:
(1) establishes or maintains an office in this state; or
(2) performs for an entity that has [with]
its principal office in this state:
(A) a financial statement audit or other engagement that is to be performed in accordance with the Statements on Auditing Standards;
(B) an examination of prospective financial information that is to be performed in accordance with the Statements on Standards for Attestation Engagements; or
(C) an engagement that is to be performed in accordance with auditing standards of the Public Company Accounting Oversight Board or its successor.
(b) A certified public accountancy firm that is licensed and has its primary place of business in another state and is not required to hold a firm license pursuant to subsection (a) of this section may practice in this state without a firm license or notice to the board if the firm's practice in this state is performed by an individual who holds a license under Chapter 515 of this title or who practices under a privilege pursuant to §517.2 of this chapter.
(c) A firm described by subsection (b) of this section may exercise all the practice privileges of a firm license holder, except that the firm:
(1) may not perform the services described by subsection (a)(2) of this section; and
(2) may perform an engagement required by the board
to be performed in accordance with standards for accounting and review
services adopted by the American Institute of Certified Public Accountants
or another national accountancy organization recognized by the board,
or any other assurance service required by the board to be performed
in accordance with professional standards adopted by the American
Institute of Certified Public Accountants or another national organization
adopted by the board, for an entity that has [with]
its principal office in this state only if:
(A) the firm meets the requirements of §901.354(a) and (b) of the Act;
(B) the firm complies with the board's peer review program found in Chapter 527 of these rules; and
(C) the services are performed by an individual who holds a license under this chapter or practices under a privilege provided in §517.2 of this chapter and §901.462 of the Act.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802721
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §517.2, concerning Practice by Certain Out of State Individuals.
The amendment to §517.2 will replace the word "with" with the phrase "that has".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the proposed amendment merely clarified the rule and places no additional burden on small business.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§517.2.Practice by Certain Out of State Individuals.
(a) An individual who holds a certificate or license as a certified public accountant issued by another state and whose principal place of business is not in this state may exercise all the privileges of certificate and license holders of this state without obtaining a certificate or license under this chapter if:
(1) the National Association of State Boards of Accountancy's National Qualification Appraisal Service has verified that the other state has education, examination, and experience requirements for certification or licensure that are comparable to or exceed the requirements for licensure as a certified public accountant of The American Institute of Certified Public Accountants/National Association of State Boards of Accountancy Uniform Accountancy Act and the board determines that the licensure requirements of that Act are comparable to or exceed the licensure requirements of this chapter; or
(2) the individual obtains from the National Association of State Boards of Accountancy's National Qualification Appraisal Service verification that the individual's education, examination, and experience qualifications are comparable to or exceed the requirements for licensure as a certified public accountant of The American Institute of Certified Public Accountants/National Association of State Boards of Accountancy Uniform Accountancy Act and the board determines that the licensure requirements of that Act are comparable to or exceed the licensure requirements of this chapter.
(b) An individual who meets the requirements of subsection (a)(1) or (2) of this section and who offers or renders professional services in person or by mail, telephone, or electronic means may practice public accountancy in this state without notice to the board.
(c) An individual practicing under this section must
practice through a firm that holds a license under this title if,
for an entity that has [with] its principal
office in this state, the individual performs:
(1) a financial statement audit or other engagement that is to be performed in accordance with the Statements on Auditing Standards;
(2) an examination of prospective financial information that is to be performed in accordance with the Statements on Standards for Attestation Engagements; or
(3) an engagement that is to be performed in accordance with auditing standards of the Public Company Accounting Oversight Board or its successor.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802738
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.1 concerning Individual License Fees.
The amendment to §521.1 will replace the fee of "$45.00" with the fee of "$30.00" and replace the word "shall" with the word "will".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be an adjustment in the fees to be collected to better mirror revenue (including the increased number of applicants) and expenses.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses; the new lower licensing costs will benefit small business CPA firms and potentially help their small business clients.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.1.Individual License Fees.
(a) The fee for a license issued to an individual not
in retired or disabled status will [shall] be
$30.00 [$45.00] for the license fee and $10.00 for
the Scholarship Fund; however, the initial license fee
will [shall
] be prorated for those months during which the license is valid.
(b) The legislature has directed the board to collect from each licensee who is neither retired nor disabled a professional fee of $200.00 per year.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802722
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.4 concerning Registration Fee for Foreign Accountants.
The amendment to §521.4 will replace the word "shall" with the word "will".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it will not impose any additional responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.4.Registration Fee for Foreign Accountants.
(a) The processing fee for the registration of a certified
public accountant of another state or territory or the holder of a
certificate, license, or degree issued by a foreign country
will [shall] be $250.
(b) If the application is not approved, $150 of the processing fee will be refunded to the applicant.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802739
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.6 concerning Duplication and Other Charges and Refund of Board Fees.
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".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule using terminology that is consistent with other board rules and Texas law.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the rule places no additional responsibilities or costs on small business; it merely changed some terminology for consistency.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.6.Duplication and Other Charges and Refund of Board Fees.
(a) Any costs incurred by the board upon application
for or demand of any document, record, or action of the board which
the board is required to provide by law or by these rules shall be
borne by anyone [the person] making the request
or demand. Such document, record, or action will [shall]
be furnished [to eligible persons] upon payment of the
established fee. Any matter deemed confidential by statute, attorney
general opinion, or court order is not subject to release. The charge
for [to any person
] requesting photocopied reproductions
of any public record of the board will be the charges established
by the Texas Facilities Commission [General Services Commission
]. The following guidelines will apply for the cost
of providing mailing lists.
(1) Personnel charges will be the actual salary rate of attributable staff plus fringe benefits.
(2) Overhead charges will be determined on an actual cost recovery basis.
(b) The board may waive these charges if there is a public benefit. The executive director is authorized to determine whether a public benefit exists on a case by case basis.
(c) Sales tax, if required, will [shall]
be charged on publications including, but not limited to, publications
containing information on the Uniform CPA Examination and requirements
for certification and licensure.
(d) Payment will [shall] be made
by cash, check, or money order. No refund of any charges or fees paid
to the board will be made for less than $5.00 of monies paid by mistake
in excess of the correct fee, unless specifically requested in writing.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802740
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.7, concerning Fee for Transfer of Credits.
The amendment to §521.7 will replace the word "shall" with the word "will" in subsections (a) and (b).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no additional responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.7.Fee for Transfer of Credits.
(a) The processing fee for the transfer of credits
earned in another licensing jurisdiction to this board
will [shall] be $100. This is a non-refundable fee.
(b) The processing fee for credits earned in this state
and transferred to another licensing jurisdiction
will [shall] be $40.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802741
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.8, concerning Retired or Disabled Status.
The amendment to §521.8 will replace the word "shall" with the word "will".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it does not impose any additional responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.8.Retired or Disabled Status.
The annual license fee for an individual in retired or disabled
status will [shall] be $10.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802742
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.9, concerning Certification Fee.
The amendment to §521.9 will replace the word "shall" with the word "will".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no additional responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.9.Certification Fee.
The fee for the initial issuance of a CPA certificate pursuant
to the Act will [shall] be $50.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802743
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.11, concerning Fee for a Replacement Certificate.
The amendment to §521.11 will replace the word "shall" with the word "will".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no new responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.11.Fee for a Replacement Certificate.
The fee for the replacement of a certificate
will [shall] not exceed $50.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802744
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.12, concerning Filing Fee.
The amendment to §521.12 will replace the word "shall" with the word "will".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no new responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.12.Filing Fee.
The filing fee for the initial filing of the application of
Intent to take the Uniform CPA Examination
will [shall] be $50. This is a non-refundable fee.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802745
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.13, concerning Firm License Fees.
The amendment to §521.13 will replace the word "shall" with the word "will" in subsections (a), (b), (e) and (f).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no new responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.13.Firm License Fees.
(a) The fee for a firm license will [shall
] be $50 for each office of the firm in Texas plus the fee required
by subsection (b) of this section, if any.
(b) A firm will [shall] pay an
additional fee based on the number of CPAs employed at the firm in
Texas plus the number of non-CPA owners of the firm in Texas, in accordance
with the following chart:
Figre: 22 TAC §521.13(b) (No change.)
(c) A firm "employs" a CPA within the meaning of this rule when:
(1) a CPA is a partner, owner, member, shareholder, or employee of the firm;
(2) a CPA works at the firm, either temporarily or long term, under a lease agreement or contract with any other entity, including but not limited to personnel staffing agencies or service companies affiliated with the firm;
(3) a CPA works at the firm on anything less than a full time basis;
(4) a CPA has any of the relationships described in paragraphs (1) - (3) of this subsection with an entity that is a partner, owner, member, or shareholder of the firm; or
(5) a CPA has any of the relationships described in paragraphs (1) - (3) of this subsection with an entity affiliated with the firm and that CPA participates in performing professional services for clients of the firm.
(d) Each firm shall certify to the board the highest number of CPAs it employs within the meaning of this rule during the 30 days prior to filing its application. Each CPA should be counted only once, even if he or she has more than one relationship as described in paragraphs (1) - (5) of subsection (c).
(e) If a firm is required to be licensed in Texas but
has no office in Texas, the fee will [shall]
be $50 plus the fee required by subsection (b) of this section, if any.
(f) Firm license will [shall]
not be prorated or refunded.
(g) A firm whose license has been expired for 90 days or less may renew the license by paying the board a penalty of $150.00 in addition to the license fee required to be paid under subsections (a), (b) and (c) of this section.
(h) A firm whose license has been expired for more than 90 days may renew the license by paying the board a penalty of $250.00 in addition to the license fee required to be paid under subsections (a), (b) and (c) of this section.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802746
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy (Board) proposes an amendment to §521.14 concerning Eligibility Fee.
The amendment to §521.14 in subsection (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"; in subsection (a)(1), (2), (3) and (4), delete the figure "$35.00".
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a clearer rule.
The probable economic cost to persons required to comply with the amendment will be none.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because it imposes no new responsibilities or costs on small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.14.Eligibility Fee.
(a) The board shall determine the [Upon
implementation of the computer-based] CPA examination [an
] eligibility fee , not to exceed $100 per section, that
shall become effective for each section for which an applicant is eligible
and applies.
(1) Auditing and Attestation[--$35.00.]
(2) Financial Accounting and Reporting[--$35.00.]
(3) Regulation[--$35.00.]
(4) Business Environment and Concepts[--$35.00.]
(b) The eligibility fee shall be paid to the Texas State Board of Public Accountancy. This is a non-refundable fee.
(c) The eligibility fee may be paid electronically through the State of Texas online e-pay system and applicable processing fees for the use of this service will be added to the total fee paid.
(d) Upon receipt by the board of an incomplete application, an applicant has 180 days to complete the application. If the application is not completed within that time, the application is terminated, the eligibility fee is forfeited and the applicant must file a new application and pay a new eligibility fee to continue with the examination process.
(e) The fee paid shall be valid for 90 days after the board determines that an applicant is eligible for a section of the CPA examination. The board may extend the 90-day eligibility to accommodate the psychometric evaluation and performance of test questions by the test provider.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802747
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848
Subchapter C. ETHICS RULES: INDIVIDUALS AND SPONSORS
The Texas State Board of Public Accountancy (Board) proposes an amendment to §523.132, concerning Board Contracted Ethics Instructors after January 1, 2005.
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).
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be zero because the amendment does not require the state to do anything.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be greater clarity regarding the requirements for ethics course instructors.
The probable economic cost to persons required to comply with the amendment will be zero.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the amendment does not impose any duties or obligations upon small businesses.
Mr. Treacy had determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment rule will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on July 7, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§523.132.Board Contracted Ethics Instructors [ after January 1, 2005 ].
(a) The [Effective January 1, 2005, the
] board may contract with any instructor wishing to offer
an ethics course approved by the board pursuant to §523.131 of
this title (relating to Board Approval of Ethics Course Content [
after January 1, 2005]) who can demonstrate that:
(1) the instructor is a certified public accountant
licensed in Texas or that the instructor is team teaching with
a certified public accountant licensed in Texas and has completed
the board's ethics training program [within the last three years or
] as required by the board;
(2) the instructor has never been disciplined for a violation of the board's Rules of Professional Conduct; and
(3) the instructor is qualified to teach ethical reasoning because he has:
(A) experience in the study and teaching of ethical reasoning; and
(B) formal training in organizational or ethical behavior instruction.
(b) An instructor demonstrates that he is qualified to teach ethical reasoning upon proof that he has:
(1) at the time of application [or by June 30,
2005, whichever is later,
] obtained education in ethics substantially
equivalent to a minimum of 6 hours of credit from an accredited University,
College or Community College, of which at least three hours must be
in organizational ethics;
(2) teaching experience that is substantially equivalent to two or more full time semesters teaching experience at an accredited University, College or Community College;
(3) spent at least ten years performing accountancy related activities as a licensed CPA;
(4) no record of discipline for violation of the rules of professional conduct of the American Institute of Certified Public Accountants, the Texas Society of Certified Public Accountants or other national or state accountancy organization recognized by the board; and
(5) goals and interests consistent with the board's
purpose of protecting the public interest pursuant to the provisions
of the [Public Accountancy] Act.
(c) The board may refuse to contract, refuse to renew a contract or cancel the contract of any instructor who has engaged in conduct rendering that instructor unsuitable for teaching ethics.
(d) An instructor must submit a current resume with the contract.
(e) [(d)] Interpretive comments:
To have goals and interests consistent with the board's purpose of
protecting the public interest pursuant to the provisions of the Public
Accountancy Act an instructor must refrain from using the instruction
of an ethics course as a marketing tool for other products and services
offered by the instructor. An instructor must be free from conflicts
of interest with the board in both fact and appearance. Representation
of a respondent or a complainant in a disciplinary proceeding pending
before the board creates the appearance of a conflict of interest.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802725
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 305-7848