PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
CHAPTER 501. RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER A. GENERAL PROVISIONS
The Texas State Board of Public Accountancy adopts an amendment to §501.55, concerning Definition of Acronyms, without changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9643) and will not be republished.
The section defines acronyms used throughout the Board's rules.
The amendment will incorporate recent changes to the Model Rules of the Uniform Accountancy Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2009.
TRD-200900070
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: January 28, 2009
Proposal publication date: November 28, 2008
For further information, please call: (512) 305-7842
The Texas State Board of Public Accountancy adopts an amendment to §501.75, concerning Confidential Client Communications, without changes to the proposed text as published in the October 10, 2008, issue of the Texas Register (33 TexReg 8477) and will not be republished.
The section clarifies information which is confidential through the accountant-client privilege.
The amendment will eliminate the words "other compulsory process" following the term "court order" and add the language "signed by a judge" in order to make it clear that CPAs should only release client records to other parties without their client's consent when a judge orders its release.
The Board received one letter commenting on behalf the Texas State Securities Board expressing concern that the proposed revision could hinder investigations of violations of the Texas Securities Act, thus limiting their ability to protect investors, would substantially delay their investigations and the amendment would create a process where a search warrant must be obtained, likely causing a disruption to the accounting firms who are willing to comply with the current process of complying with a subpoena. The Securities Board recommends adding language to allow state and federal law enforcement agencies or regulatory agencies to issue subpoenas.
The Public Accountancy Act identifies the exceptions wherein a court order is not required. Law enforcement agencies, other than those acting pursuant to the authority of the Internal Revenue Code and the Federal Securities Act of 1933 and 1934, are not excepted. The staff does not believe we have the authority to provide an exception for the State Securities Board.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2009.
TRD-200900071
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: January 28, 2009
Proposal publication date: October 10, 2008
For further information, please call: (512) 305-7842
The Texas State Board of Public Accountancy adopts an amendment to §501.90, concerning Discreditable Acts, without changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9643) and will not be republished.
The section establishes the requirement for continued integrity by CPAs to the Board, its staff and consultants.
The amendment put licensees on notice that the Board believes that in addition to making deceitful or misleading statements to their clients they should not be making misleading or deceitful statements to the Board, its staff or the Board's consultants hired to assist in the investigation.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2009.
TRD-200900072
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: January 28, 2009
Proposal publication date: November 28, 2008
For further information, please call: (512) 305-7842
SUBCHAPTER C. EDUCATIONAL REQUIREMENTS
The Texas State Board of Public Accountancy adopts an amendment to §511.52, concerning Recognized Colleges and Universities, without changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9644) and will not be republished.
The section clarifies which colleges and community college programs are recognized by the Board.
The amendment incorporates recent changes to the AICPA/NASBA Model Rules of the Uniform Accountancy Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2009.
TRD-200900073
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: January 28, 2009
Proposal publication date: November 28, 2008
For further information, please call: (512) 305-7842
The Texas State Board of Public Accountancy adopts an amendment to §511.56, concerning Educational Qualifications under the Act, without changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9645) and will not be republished.
The section clarifies the education requirements for candidates for a license issued by the Board.
The amendment incorporates recent changes to the AICPA/NASBA Model Rules of the Uniform Accountancy Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2009.
TRD-200900074
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: January 28, 2009
Proposal publication date: November 28, 2008
For further information, please call: (512) 305-7842
The Texas State Board of Public Accountancy adopts an amendment to §511.57, concerning Definition of Accounting Courses, without changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9646) and will not be republished.
The section clarifies courses that the Board may consider in meeting the definition of accounting coursework for the CPA examination.
The amendment incorporates recent changes to the AICPA/NASBA Model Rules of the Uniform Accountancy Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2009.
TRD-200900075
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: January 28, 2009
Proposal publication date: November 28, 2008
For further information, please call: (512) 305-7842
The Texas State Board of Public Accountancy adopts an amendment to §511.58, concerning Definitions of Related Business Subjects, without changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9648) and will not be republished.
The section clarifies courses that the Board may consider in meeting the definition of business coursework for the CPA examination.
The amendment incorporates recent changes to the AICPA/NASBA Model Rules of the Uniform Accountancy Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2009.
TRD-200900076
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: January 28, 2009
Proposal publication date: November 28, 2008
For further information, please call: (512) 305-7842