EMERGENCY RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 22. EXAMINING BOARDS 
 Part XXII. Texas State Board of Public Accountancy 
  Chapter 501. Professional Conduct 
  
  Other Responsibilities and Practices 
 
  22 TAC sec.501.44 
 
  The Texas State Board of Public Accountancy on an emergency basis adopts the 
repeal of sec.501.44, concerning Soliciting. The repeal of sec.501.44 is being 
simultaneously proposed in this issue of the Texas Register. 
 The emergency repeal is required to alleviate the concern by some licensees 
that the board will apply this rule to their conduct while Endenfield et al. v. 
Fane, 113 S. Ct. 1792 (1993) is the controlling case law on soliciting. 
 The board finds that an imminent peril to the public health, safety, or 
welfare, or a requirement of state or federal law, requires repeal of this rule 
on fewer than 30 days' notice. 
 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 
41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the 
authority to adopt such rules as may be necessary or advisable to carry in 
effect the purposes of the law, and sec.21, which lists those actions or 
omissions for which the board may take disciplinary action against its 
licensees. 
 
 
  sec.501.44. Soliciting. 
 
  Issued in Austin, Texas, on January 20, 1994. 
 TRD-9435295 
  William Treacy 
 Executive Director 
 Texas State Board of Public Accountancy 
    Effective date: January 28, 1994 
 Expiration date: May 29, 1994 
 For further information, please call: (512) 505-7066