Emergency Sections 
 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, for no more than 120 days. The emergency action is 
renewable once for no more than 60 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.501.40 
 
  The Texas State Board of Public Accountancy adopts on an emergency basis an 
amendment to sec.501.40. The reason for this emergency amendment is to eliminate 
language which could be perceived as a conflict with the requirement of the 
Public Accountancy Act, sec.9, that all certificate and registration holders 
obtain annual licenses. 
 The amendment is adopted on an emergency basis under the Public Accountancy Act 
of 1991, sec.6(a), Texas Civil Statutes, Article 41a-1 (Vernon 1992) which 
provide the Texas State Board of Public Accountancy with the authority to 
promulgate rules relating to licensing and registration requirements. 
 
 
  sec.501.40. Licensing/Registration Requirements. A certificate or registration 
holder  <nl>must<ol> [may not] perform accounting functions [without a license 
from the board and must perform the functions] through an entity registered with 
the board pursuant to the Public Accountancy Act, sec.10. Accounting functions 
include, but are not limited to, the preparation of tax returns or the 
furnishing of advice on tax matters, bookkeeping services, the issuance of 
reports on financial statements, the furnishing of management advisory or 
consulting services, and the sale, advice, or management of computer software 
which includes or implies an expertise in accounting. Not included, however, is 
a certificate holder performing accounting services as an employee, partner, or 
shareholder of, and exclusively for: 
 
  (1) federal, state, or local governmental entities; or 
   
  (2) an employer or firm not offering accounting services to the public. 
 
  Issued in Austin, Texas, on August 12, 1992. 
 TRD-9211034 
  William Treacy 
 Executive Director 
 Texas State Board of Public Accountancy 
    Effective date: August 12, 1992 
 Expiration date: December 10, 1992 
 For further information, please call: (512) 450-7066