Texas Laws - Government Code
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH

SUBTITLE L. COURT PROFESSIONS REGULATION (19501)(1-click HTML)

CHAPTER 151. GENERAL PROVISIONS (19502)(1-click HTML)
Sec. 151.001. DEFINITIONS. (19503)(1-click HTML)

In this subtitle: (19504)

(1) "Certification" means a certification issued by the commission. (19505)

(2) "Commission" means the Judicial Branch Certification Commission. (19506)

(3) "Director" means the administrative director of the office. (19507)

(4) "License" means a license issued by the commission. (19508)

(5) "Office" means the Office of Court Administration of the Texas Judicial System. (19509)

(6) "Registration" means a registration issued by the commission. (19510)

(7) "Regulated person" means a person, firm, or other business entity, who holds a certification, registration, or license issued by the commission. (19511)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19512)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19513)

Amended by: (19514)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 2, eff. September 1, 2017. (19515)

CHAPTER 152. JUDICIAL BRANCH CERTIFICATION COMMISSION (19516)(1-click HTML)
Sec. 152.001. SUNSET PROVISION. (19517)(1-click HTML)

The Judicial Branch Certification Commission is subject to Chapter 325 (Texas Sunset Act), but is not abolished under that chapter. The commission shall be reviewed during the period in which state agencies abolished in 2023 and every 12th year after 2023 are reviewed. (19518)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19519)

Amended by: (19520)

Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 2.03, eff. June 18, 2015. (19521)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19522)

SUBCHAPTER B. COMMISSION (19523)(1-click HTML)
Sec. 152.051. ESTABLISHMENT OF COMMISSION. (19524)(1-click HTML)

The Judicial Branch Certification Commission is established to oversee the regulatory programs assigned to it by state law or by the supreme court. (19525)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19526)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19527)

Sec. 152.052. APPOINTMENT OF COMMISSION. (19528)(1-click HTML)

(a) The commission consists of nine members appointed by the supreme court as follows: (19529)

(1) five judges, at least three of whom must be active judges who preside over a court that employs an official court reporter; and (19530)

(2) four public members. (19531)

(b) Subject to Subsection (d), public members of the commission are appointed as follows: (19532)

(1) one member selected by the supreme court from a list of nominees submitted by the Court Reporters Certification Advisory Board established under Section 154.051 to represent that advisory board; (19533)

(2) one member selected by the supreme court from a list of nominees submitted by the Guardianship Certification Advisory Board established under Section 155.051 to represent that advisory board; (19534)

(3) one member selected by the supreme court from a list of nominees submitted by the Process Server Certification Advisory Board established under Section 156.051 to represent that advisory board; and (19535)

(4) one member selected by the supreme court from a list of nominees submitted by the licensed court interpreter advisory board established under Section 157.051 to represent that advisory board. (19536)

(c) In making an appointment under Subsection (b), the supreme court may reject one or more of the nominees included on a list submitted by an advisory board and request a new list of nominees that does not include any nominees in the previous list. (19537)

(d) The supreme court may appoint to the commission a public member selected by the supreme court if: (19538)

(1) an advisory board fails to provide the list of nominees in the time required by the supreme court; or (19539)

(2) a selected nominee does not otherwise meet the qualifications required by this chapter. (19540)

(e) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. (19541)

(f) A member appointed to the commission must be knowledgeable about the professions certified by the commission. (19542)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19543)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19544)

Sec. 152.053. CONFLICT PROVISIONS. (19545)(1-click HTML)

(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (19546)

(b) A person is not eligible for appointment as a member of the commission, or as a member of an advisory board or committee that serves the commission, if the person or the person's spouse: (19547)

(1) is employed by or participates in the management of a business entity or other organization receiving funds from the commission; (19548)

(2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the commission; or (19549)

(3) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses. (19550)

(c) A person may not serve as a member of the commission, or as a member of an advisory board or committee that serves the commission, or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission. (19551)

(d) A person may not be a member of the commission, a member of an advisory board or committee that serves the commission, or a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (19552)

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the legal profession; or (19553)

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the legal profession. (19554)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19555)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19556)

Amended by: (19557)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 3, eff. September 1, 2017. (19558)

Sec. 152.054. TRAINING. (19559)(1-click HTML)

(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (19560)

(b) The training program must provide the person with information regarding: (19561)

(1) this subtitle and the rules of the commission, with an emphasis on the rules that relate to the commission's disciplinary and investigatory authority; (19562)

(2) rules of ethics, codes of conduct, and other rules adopted by the supreme court that are applicable to each profession regulated or subject to oversight by the commission; (19563)

(3) the role and functions of the commission; (19564)

(4) the current budget for the commission; (19565)

(5) the results of the most recent formal audit of the commission; and (19566)

(6) any ethics policies applicable to the commission and adopted by the commission or supreme court. (19567)

(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. (19568)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19569)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19570)

Sec. 152.055. TERMS; VACANCY; REMOVAL. (19571)(1-click HTML)

(a) Members of the commission serve staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year. (19572)

(b) If a vacancy occurs during a member's term, the supreme court shall appoint a similarly qualified person to fill the unexpired term. (19573)

(c) The supreme court may remove a member of the commission for inefficiency or neglect of duty in office. (19574)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19575)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19576)

Sec. 152.056. PRESIDING OFFICER. (19577)(1-click HTML)

The supreme court shall designate a member of the commission as presiding officer of the commission to serve in that capacity at the pleasure of the supreme court. The presiding officer may designate a member of the commission to preside over a meeting of the commission in the absence of the presiding officer. (19578)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19579)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19580)

Amended by: (19581)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 4, eff. September 1, 2017. (19582)

Sec. 152.057. COMPENSATION; REIMBURSEMENT. (19583)(1-click HTML)

(a) A commission member may not receive compensation for service on the commission. (19584)

(b) A commission member is entitled to reimbursement for travel expenses and other actual and necessary expenses incurred in performing functions as a commission member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act. (19585)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19586)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19587)

Sec. 152.058. MEETINGS. (19588)(1-click HTML)

(a) The commission shall meet at least once in each quarter of the fiscal year. (19589)

(b) The commission may meet at other times at the call of the presiding officer or as provided by commission rules. (19590)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19591)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19592)

Sec. 152.059. PUBLIC TESTIMONY. (19593)(1-click HTML)

The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission. (19594)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19595)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19596)

SUBCHAPTER C. ADMINISTRATION (19597)(1-click HTML)
Sec. 152.101. RULES. (19598)(1-click HTML)

The supreme court may adopt rules consistent with this subtitle, including rules governing the certification, registration, licensing, and conduct of persons regulated under this subtitle. The supreme court may authorize the commission to adopt rules as the supreme court considers appropriate or as otherwise specified under this subtitle. (19599)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19600)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19601)

Sec. 152.102. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. (19602)(1-click HTML)

(a) Subject to any rules related to ethics or professional conduct promulgated by the supreme court, the supreme court may not adopt rules restricting advertising or competitive bidding by a holder of a certification, registration, or license except to prohibit false, misleading, or deceptive practices. (19603)

(b) In its rules to prohibit false, misleading, or deceptive practices, the supreme court may not include a rule that: (19604)

(1) restricts the use of any medium for advertising; (19605)

(2) restricts the use of a regulated person's personal appearance or voice in an advertisement; (19606)

(3) relates to the size or duration of an advertisement by the regulated person; or (19607)

(4) restricts the regulated person's advertisement under a trade name. (19608)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19609)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19610)

Sec. 152.103. ADMINISTRATIVE ATTACHMENT. (19611)(1-click HTML)

(a) The commission is administratively attached to the office. (19612)

(b) Notwithstanding any other law, the office shall: (19613)

(1) provide administrative assistance, services, and materials to the commission, including budget planning and purchasing; (19614)

(2) accept, deposit, and disburse money made available to the commission; (19615)

(3) reimburse the travel expenses and other actual and necessary expenses of commission members incurred in the performance of official commission duties, as provided by the General Appropriations Act; and (19616)

(4) provide the commission with adequate computer equipment and support. (19617)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19618)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19619)

Sec. 152.104. DIRECTOR. (19620)(1-click HTML)

The director shall: (19621)

(1) perform any duty assigned by the commission and other duties specified by law; and (19622)

(2) administer and enforce the commission's programs. (19623)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19624)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19625)

Sec. 152.105. DIVISION OF RESPONSIBILITIES. (19626)(1-click HTML)

The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the director and the staff of the office. (19627)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19628)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19629)

Sec. 152.106. USE OF TECHNOLOGY. (19630)(1-click HTML)

The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet. (19631)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19632)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19633)

Sec. 152.107. INFORMATION ON STANDARDS OF CONDUCT. (19634)(1-click HTML)

The director or the director's designee shall provide to members of the commission and to office employees, as often as necessary, information regarding the requirements for service or employment under this subtitle, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. (19635)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19636)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19637)

Sec. 152.108. PUBLIC INTEREST INFORMATION. (19638)(1-click HTML)

(a) The commission shall prepare information of public interest describing the functions of the commission under this subtitle and the procedure by which complaints are filed and resolved under this subtitle. (19639)

(b) The commission shall make the information available to the public and appropriate state agencies. (19640)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19641)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19642)

Sec. 152.109. NOTICE OF COMPLAINT PROCESS. (19643)(1-click HTML)

(a) The commission shall establish methods by which consumers are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints about persons regulated under this subtitle to the commission. (19644)

(b) The commission shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a person regulated under this subtitle. (19645)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19646)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19647)

Amended by: (19648)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 5, eff. September 1, 2017. (19649)

Sec. 152.110. RECORDS OF COMPLAINTS. (19650)(1-click HTML)

(a) The commission shall maintain a file on each written complaint filed with the commission under this subtitle. The file must include: (19651)

(1) the name of the person who filed the complaint; (19652)

(2) the date the complaint is received by the commission; (19653)

(3) the subject matter of the complaint; (19654)

(4) the name of each person contacted in relation to the complaint; (19655)

(5) a summary of the results of the review or investigation of the complaint; and (19656)

(6) an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint. (19657)

(b) The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution. A person who reports a complaint by telephone shall be given information on how to file a written complaint. (19658)

(c) The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an ongoing investigation. (19659)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19660)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19661)

Sec. 152.111. COMPLAINT DISMISSAL. (19662)(1-click HTML)

(a) The commission may adopt a policy allowing office employees to dismiss a complaint that: (19663)

(1) clearly does not allege misconduct; (19664)

(2) is not within the commission's jurisdiction; or (19665)

(3) alleges misconduct that took place more than five years before the date the complaint was filed. (19666)

(b) Office employees shall inform the commission of all dismissals made under this section. (19667)

(c) A person who files a complaint that is dismissed under this section may, not later than the 30th day after the date of notice of the dismissal, request in writing that the commission reconsider the complaint. (19668)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19669)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19670)

Amended by: (19671)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 6, eff. September 1, 2017. (19672)

Sec. 152.112. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (19673)(1-click HTML)

(a) The commission shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures to assist in the resolution of internal and external disputes under the commission's jurisdiction. (19674)

(b) The procedures relating to alternative dispute resolution under this section must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. (19675)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19676)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19677)

SUBCHAPTER D. POWERS AND DUTIES (19678)(1-click HTML)
Sec. 152.151. GENERAL POWERS AND DUTIES. (19679)(1-click HTML)

(a) The commission shall: (19680)

(1) administer and enforce this subtitle; (19681)

(2) in consultation with appropriate advisory boards, develop and recommend rules to the supreme court; (19682)

(3) in consultation with appropriate advisory boards, develop and recommend to the supreme court a code of ethics for each profession regulated under this subtitle; (19683)

(4) set fees in amounts reasonable and necessary to cover the costs of administering the programs or activities administered by the commission, including examinations and issuance and renewal of certifications, registrations, and licenses; and (19684)

(5) in consultation with appropriate advisory boards, establish qualifications for certification, registration, and licensing under this subtitle. (19685)

(b) The commission may: (19686)

(1) require applicants for certification, registration, or licensing under this subtitle to pass an examination that is developed and administered by the commission, or by the commission in conjunction with a person with whom the commission contracts to develop and administer the examination, and charge fees for the examination; (19687)

(2) require regulated persons to obtain continuing education; and (19688)

(3) appoint necessary committees. (19689)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19690)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19691)

Sec. 152.152. ADVISORY BOARDS. (19692)(1-click HTML)

(a) In addition to the advisory boards specifically established under this subtitle, the commission may establish other advisory boards to advise the commission on policy and persons regulated under this subtitle. (19693)

(b) An advisory board established under this subtitle, including under this section, shall meet at least once each year and at the call of the presiding officer. (19694)

(c) An advisory board established under this subtitle, including under this section, shall assist the commission by developing and recommending rules to the commission. The advisory board may establish subcommittees to fulfill the duties imposed under this subsection. (19695)

(d) An advisory board member serves without compensation but is entitled to reimbursement for travel expenses and other actual and necessary expenses incurred in performing functions as an advisory board member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act. (19696)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19697)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19698)

SUBCHAPTER E. CERTIFICATION, REGISTRATION, AND LICENSING REQUIREMENTS (19699)(1-click HTML)
Sec. 152.201. EXAMINATIONS. (19700)(1-click HTML)

(a) Not later than the 30th day after the date a person takes an examination, the commission shall notify the person of the results of the examination. (19701)

(b) If the examination is graded or reviewed by a testing service: (19702)

(1) the commission shall notify the person of the results of the examination not later than the 30th day after the date the commission receives the results from the testing service; and (19703)

(2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before the 90th day. (19704)

(c) The commission may require a testing service to: (19705)

(1) notify a person of the results of the person's examination; or (19706)

(2) collect a fee for administering an examination from a person taking the examination. (19707)

(c-1) A passing score on an applicable examination is valid for purposes of certification, registration, or licensing for a period of two years after the date of the examination. A person who does not apply to become certified, licensed, or registered before the expiration of the two-year period must repeat and pass the examination. (19708)

(d) If requested in writing by a person who fails an examination, the commission shall furnish the person with an analysis of the person's performance on the examination. A person may not view a copy of the examination. (19709)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19710)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19711)

Amended by: (19712)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 7, eff. September 1, 2017. (19713)

Sec. 152.2015. CERTIFICATION, REGISTRATION, AND LICENSING FEE AND RENEWAL. (19714)(1-click HTML)

(a) A person, firm, or business entity must pay the commission an initial fee and any other required fee to receive a certification, registration, or license from the commission. (19715)

(b) A regulated person who is otherwise eligible to renew a certification, registration, or license may renew an unexpired certification, registration, or license by paying the required renewal fee to the commission before the expiration date. A regulated person whose certification, registration, or license has expired may not engage in any applicable regulated activity until the certification, registration, or license has been renewed. (19716)

(c) A regulated person whose certification, registration, or license has been expired for 90 days or fewer may renew the certification, registration, or license by paying to the commission a renewal fee that is equal to one and one-half times the normally required renewal fee. (19717)

(d) A regulated person whose certification, registration, or license has been expired for more than 90 days but less than one year may renew the certification, registration, or license by paying to the commission a renewal fee that is equal to twice the normally required renewal fee. (19718)

(e) Except as provided by Subsection (f), a person, firm, or business entity may not renew an expired certification, registration, or license one year or more after expiration. The person, firm, or business entity may obtain a new certification, registration, or license by complying with the requirements and procedures, including the examination requirements, for obtaining an original certification, registration, or license. (19719)

(f) A person may, without examination, renew a certification, registration, or license which has been expired for one year or longer, if: (19720)

(1) before applying for renewal, the person had moved to another state or jurisdiction; (19721)

(2) at the time of applying for renewal, the person is certified, registered, or licensed in good standing in the other state or jurisdiction to practice the profession for which the expired certification, registration, or license is required; (19722)

(3) the person has been in practice in that profession in that state for one year or more preceding the date the person applies for renewal; and (19723)

(4) the person pays to the commission a fee that is equal to twice the normally required renewal fee for the certification, registration, or license. (19724)

(g) Not later than the 30th day before the date a regulated person's certification, registration, or license is scheduled to expire, the commission shall send written notice of the impending expiration to the regulated person at the person's last known address according to the records of the commission. (19725)

Added by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 8, eff. September 1, 2017. (19726)

Sec. 152.202. ENDORSEMENT; RECIPROCITY. (19727)(1-click HTML)

(a) The commission may waive any prerequisite to obtaining a certification, registration, or license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a certification, registration, or license issued by another jurisdiction that has certification, registration, or licensing requirements substantially equivalent to those of this state. (19728)

(b) The commission may waive any prerequisite to obtaining a certification, registration, or license for an applicant who holds a certification, registration, or license issued by another jurisdiction with which this state has a reciprocity agreement. The commission may make an agreement, subject to the approval of the supreme court, with another state to allow for certification, registration, or licensing by reciprocity. (19729)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19730)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19731)

Sec. 152.203. RULES ON INELIGIBILITY. (19732)(1-click HTML)

The supreme court shall adopt rules on applicants' ineligibility for certification, registration, or licensing under this subtitle based on the person's criminal history or other information that indicates the person lacks the honesty, trustworthiness, or integrity to hold the certification, registration, or license. (19733)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19734)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19735)

Sec. 152.204. CONTINUING EDUCATION. (19736)(1-click HTML)

(a) The supreme court may authorize and the commission by rule may require continuing professional education for persons regulated under this subtitle. (19737)

(b) The rules for continuing professional education adopted by the commission may include standards relating to: (19738)

(1) reporting by regulated persons or by providers of continuing professional education; (19739)

(2) continuing professional education course content; and (19740)

(3) the minimum number of continuing professional education hours required. (19741)

(c) The commission by rule may exempt certain persons, including retired persons and persons with disabilities, from all or a portion of the continuing education requirements. (19742)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19743)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19744)

Sec. 152.205. CODE OF ETHICS. (19745)(1-click HTML)

(a) The commission shall develop and recommend to the supreme court for adoption by rule a code of ethics for persons regulated under this subtitle. In developing the code of ethics, the commission may use the codes of ethics adopted by state or national associations as models. (19746)

(b) The commission shall publish the code of ethics after adoption by the supreme court. (19747)

(c) After publishing the code of ethics, the commission shall propose to the supreme court a rule stating that a person who violates the code of ethics is subject to commission enforcement under Chapter 153. (19748)

(d) The commission shall update the code of ethics as necessary to reflect changes in technology or other factors affecting a profession regulated under this subtitle. (19749)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19750)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19751)

Amended by: (19752)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 9, eff. September 1, 2017. (19753)

CHAPTER 153. COMMISSION ENFORCEMENT (19754)(1-click HTML)
SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS (19755)(1-click HTML)
Sec. 153.0001. FILING COMPLAINT. (19756)(1-click HTML)

(a) To file a complaint with the commission against a regulated person or another person alleged to have unlawfully engaged in conduct regulated under this subchapter, a person must: (19757)

(1) have personal knowledge of the alleged violation; (19758)

(2) complete a complaint form provided by the commission; (19759)

(3) sign the completed complaint form; and (19760)

(4) attach any pertinent documentary evidence to the complaint form. (19761)

(b) On receipt of a properly executed complaint, the commission shall furnish a copy of the complaint and any attachments to the person who is the subject of the complaint. (19762)

(c) This section does not preclude the commission, an advisory board of the commission, or a court of this state from filing a complaint. (19763)

Added by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 10, eff. September 1, 2017. (19764)

Sec. 153.001. INVESTIGATIONS. (19765)(1-click HTML)

The commission may conduct investigations as necessary to enforce the laws administered by the commission. (19766)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19767)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19768)

Sec. 153.002. SUBPOENAS. (19769)(1-click HTML)

(a) The commission may issue a subpoena as provided by this section. (19770)

(b) The commission may request and, if necessary, compel by subpoena: (19771)

(1) the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this subtitle, a law establishing a regulatory program administered by the commission, a rule adopted under this subtitle, or an order issued by the commission or director; and (19772)

(2) the attendance of a witness for examination under oath. (19773)

(c) A subpoena under this section may be issued throughout this state and may be served by any person designated by the commission or the director. (19774)

(d) The commission, acting through the attorney general, may bring an action to enforce a subpoena issued under this section against a person who fails to comply with the subpoena. (19775)

(e) Venue for an action brought under this section is in a district court in: (19776)

(1) Travis County; or (19777)

(2) any county in which the commission may hold a hearing. (19778)

(f) The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena. (19779)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19780)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19781)

Sec. 153.003. CEASE AND DESIST ORDER. (19782)(1-click HTML)

(a) The director may issue a temporary cease and desist order for the duration of an investigation and disciplinary action by the commission if the director determines that the action is necessary to prevent a violation of: (19783)

(1) this subtitle; (19784)

(2) a law establishing a regulatory program administered by the commission; or (19785)

(3) a rule adopted under this subtitle or order issued by the commission or the director. (19786)

(b) A cease and desist order may require a person to cease and desist from committing a violation listed under Subsection (a) or from engaging in any practice regulated by the commission as necessary to prevent the violation. (19787)

(c) A person to whom a cease and desist order is issued may file a written request for a hearing before the commission. The person must file the hearing request not later than the 10th day after the date of receipt of the order. The commission must conduct the hearing not later than the 30th day after the date of the hearing request. (19788)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19789)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19790)

Amended by: (19791)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 11, eff. September 1, 2017. (19792)

Sec. 153.004. DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW; REPRIMAND; PROBATION. (19793)(1-click HTML)

(a) The commission may deny, revoke, suspend, or refuse to renew a certification, registration, or license or may reprimand a regulated person for a violation of this subtitle, a law establishing a regulatory program administered by the commission, a rule adopted under this subtitle, or an order issued by the commission or director. (19794)

(b) The commission may place on probation a person whose certification, registration, or license is suspended. If a certification, registration, or license suspension is probated, the commission may require the person to: (19795)

(1) report regularly to the commission on matters that are the basis of the probation; (19796)

(2) limit practice to the areas prescribed by the commission; or (19797)

(3) continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis for the probation. (19798)

(c) On the commission's motion, or on the recommendation of commission staff, the commission may conduct a hearing to inquire into a suspension. If the commission determines that a person has not corrected the deficiencies that were the grounds of the suspension or has not complied with the conditions imposed by the commission, the commission may revoke or take other disciplinary action against the person's certification, registration, or license. (19799)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19800)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19801)

Amended by: (19802)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 12, eff. September 1, 2017. (19803)

Sec. 153.005. INJUNCTION. (19804)(1-click HTML)

(a) The commission may apply to a district court in any county for an injunction to restrain a violation of this subtitle or a rule adopted under this subtitle by a person. (19805)

(b) At the request of the commission, the attorney general shall initiate and conduct an action in a district court in the state's name to obtain an injunction under this section. (19806)

(c) If the state prevails in a suit under this section, the attorney general may recover on behalf of the state reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding. (19807)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19808)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19809)

SUBCHAPTER B. ADMINISTRATIVE PENALTY; ADMINISTRATIVE SANCTION (19810)(1-click HTML)
Sec. 153.051. IMPOSITION OF PENALTY. (19811)(1-click HTML)

(a) The commission may impose an administrative penalty on a person who violates: (19812)

(1) this subtitle; (19813)

(2) a statute establishing a regulatory program administered by the commission; (19814)

(3) a rule or standard adopted under this subtitle; or (19815)

(4) an order issued by the commission or director under this subtitle. (19816)

(b) A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction otherwise imposed under this subtitle. (19817)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19818)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19819)

Amended by: (19820)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 13, eff. September 1, 2017. (19821)

Sec. 153.052. AMOUNT OF PENALTY. (19822)(1-click HTML)

(a) The amount of an administrative penalty may not exceed $500 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (19823)

(b) The amount shall be based on: (19824)

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (19825)

(2) the threat to health or safety caused by the violation; (19826)

(3) any previous violations; (19827)

(4) the amount necessary to deter a future violation; (19828)

(5) whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and (19829)

(6) any other matter that justice may require. (19830)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19831)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19832)

Sec. 153.053. REPORT AND NOTICE OF VIOLATION, PENALTY, AND SANCTION. (19833)(1-click HTML)

(a) The commission shall appoint a committee of advisory board members to review a complaint, make the initial written determination on whether a violation occurred, and impose a penalty, a sanction, or both for violations. The committee shall state the committee's written determination as proposed findings of fact and conclusions of law, separately stated. (19834)

(b) The committee shall give to the person who is the subject of the complaint reviewed under Subsection (a) written notice by certified mail of the committee's determination on whether a violation occurred and each penalty or sanction, if any. (19835)

(c) The notice required under Subsection (b) must: (19836)

(1) include a brief summary of the alleged violation; (19837)

(2) state the amount of any penalty; (19838)

(3) state any sanction; and (19839)

(4) inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, the imposition of the sanction, or any combination. (19840)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19841)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19842)

Amended by: (19843)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 13, eff. September 1, 2017. (19844)

Sec. 153.054. PENALTY PAID, SANCTION ACCEPTED, OR HEARING REQUESTED. (19845)(1-click HTML)

(a) Not later than the 20th day after the date the person receives the notice sent under Section 153.053, the person in writing may: (19846)

(1) accept the determination of the committee appointed under Section 153.053 and the imposition of the penalty or sanction as an agreed order to be presented to the commission; or (19847)

(2) request a hearing before the commission on the occurrence of the violation, the imposition or amount of the penalty, the imposition of the sanction, or any combination. (19848)

(b) If the person accepts the determination and penalty or sanction as an agreed order, the commission shall review the proposed agreed order and accept, revise, or reject it or remand the matter to the committee for further review. The commission shall give to the person written notice of the commission's determination under this subsection. If the commission revises or rejects the proposed agreed order, the person may: (19849)

(1) accept the commission's determination, penalty, or sanction; or (19850)

(2) request a hearing not later than the 20th day after the date of receiving notice of the commission's determination. (19851)

(c) If the person fails to respond to the notice sent under Section 153.053, the commission may issue a default order to approve the determination of the committee and impose or revise the committee's proposed penalty, sanction, or both. (19852)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19853)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19854)

Amended by: (19855)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 13, eff. September 1, 2017. (19856)

Sec. 153.055. NOTICE; HEARING. (19857)(1-click HTML)

(a) If the person requests a hearing, the commission shall give to the person written notice of the hearing that includes the time, place, legal authority, and jurisdiction under which the hearing is held and the laws and rules related to the violation. (19858)

(b) The person may appear, present evidence, and respond to questions from the commission at the hearing. (19859)

(c) The commission shall adopt, revise, or reject the committee's findings of fact and conclusions of law and promptly issue an order on the occurrence of the violation, the amount of any penalty imposed, and the imposition of any sanction. The commission shall give the person notice of the order. (19860)

(d) On approval of the supreme court, the commission may adopt rules governing the hearing, including rules on appearance by telephone. To the extent not inconsistent with this subchapter or commission rules, the Texas Rules of Civil Procedure, including discovery rules, apply to the hearing, except that the commission may deviate from those rules as necessary for a full and fair adjudication and determination of fact or law. (19861)

(e) The presiding officer of the commission may hold prehearing conferences. The presiding officer may issue orders, including scheduling orders, and may designate the discovery control plan or otherwise limit or modify discovery before a hearing. (19862)

(f) The notice of the commission's order under Subsection (c) must include a statement of the right of the person to appeal the order under Section 153.058. (19863)

(g) On request of the commission, at least one member of the applicable advisory board committee shall attend the hearing to consult with the commission on the reasons for the advisory board committee's determination and proposed penalty or sanction under Section 153.053(a). (19864)

(h) At the hearing, the commission shall apply the general rules of evidence applicable in a district court, except that the commission may admit and consider any information the commission determines is relevant, trustworthy, and necessary for a full and fair adjudication and determination of fact or law. (19865)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19866)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19867)

Amended by: (19868)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 14, eff. September 1, 2017. (19869)

Sec. 153.056. OPTIONS FOLLOWING DECISION: PAY, ACCEPT, OR APPEAL. (19870)(1-click HTML)

Not later than the 30th day after the date the order of the commission imposing an administrative penalty or sanction under Section 153.055 becomes final, the person shall: (19871)

(1) accept the obligation to pay the penalty or accept the sanction; or (19872)

(2) file an appeal of the commission's order contesting the findings of fact, the conclusions of law, the occurrence of the violation, the imposition or amount of the penalty, the imposition of the sanction, or any combination. (19873)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19874)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19875)

Amended by: (19876)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 15, eff. September 1, 2017. (19877)

Sec. 153.057. COLLECTION OF PENALTY. (19878)(1-click HTML)

(a) If the person does not pay the penalty and the enforcement of the penalty is not stayed in accordance with supreme court rules, the penalty may be collected. (19879)

(b) The attorney general may sue to collect the penalty and may recover reasonable expenses, including attorney's fees, incurred in recovering the penalty. (19880)

(c) A penalty collected under this subchapter shall be deposited in the state treasury in the general revenue fund. (19881)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19882)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19883)

Sec. 153.058. APPEAL OF DECISION. (19884)(1-click HTML)

(a) The supreme court shall adopt rules governing appeals under this subchapter. (19885)

(b) The rules must require the appeal to be made to a special committee consisting of three regional presiding judges. If the alleged violation involves a certified guardian, the committee must consist of two regional presiding judges and the presiding judge of the statutory probate courts. (19886)

(c) An appeal must be filed not later than the 30th day after the date the commission's order is issued. (19887)

(d) The special committee shall consider the appeal under an abuse of discretion standard of review for all issues except issues involving questions of law. The standard of review for issues involving questions of law is de novo. (19888)

(e) The special committee may confer in writing with a certification, registration, or license holder who is in the same profession as the person appealing the commission's order if the special committee provides to the person: (19889)

(1) notice of the special committee's request for information; and (19890)

(2) a copy of the certification, registration, or license holder's response. (19891)

(f) If the special committee sustains the finding that a violation occurred, the special committee may: (19892)

(1) uphold or reduce the amount of any penalty and order the person to pay the full or reduced amount of the penalty; and (19893)

(2) uphold or reduce any other sanction and order the imposition of the sanction. (19894)

(g) If the special committee does not sustain the finding that a violation occurred, the special committee shall order that a penalty is not owed and that a sanction may not be imposed. (19895)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19896)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19897)

Amended by: (19898)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 16, eff. September 1, 2017. (19899)

Sec. 153.059. REMITTANCE OF PENALTY AND INTEREST. (19900)(1-click HTML)

(a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the special committee, the special committee shall order that the appropriate amount plus accrued interest be remitted to the person not later than the 30th day after the date the judgment of the special committee becomes final. (19901)

(b) The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. (19902)

(c) The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted. (19903)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19904)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19905)

Sec. 153.060. REISSUANCE OF CERTIFICATE, REGISTRATION, OR LICENSE. (19906)(1-click HTML)

(a) The commission may reissue a certificate, registration, or license that has been revoked or that the commissioner has refused to renew as a disciplinary sanction if the individual who was subject to the revocation or nonrenewal applies in writing to the commission and establishes good cause to justify reissuance of the certificate, registration, or license. The applicant has the burden of proving: (19907)

(1) the correction of the grounds for the revocation or the commission's refusal to renew the certificate, registration, or license; (19908)

(2) good faith efforts to correct, resolve, or otherwise cure the damages arising from the grounds for the revocation or the refusal to renew the certificate, registration, or license; (19909)

(3) that reissuance would not pose a threat to public health, safety, and welfare; and (19910)

(4) any other rehabilitative efforts. (19911)

(b) The commission may impose conditions on the revocation or refusal to renew a certificate, registration, or license that may include: (19912)

(1) prohibiting a person from applying for reissuance for a specified period; and (19913)

(2) imposing some or all prerequisites for initial certification, registration, or licensure as a prerequisite for reissuance. (19914)

(c) The commission may impose appropriate probationary conditions for a specified period on the practice of a person whose certificate, registration, or license is reissued. (19915)

Added by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 17, eff. September 1, 2017. (19916)

CHAPTER 154. COURT REPORTERS CERTIFICATION AND SHORTHAND REPORTING FIRMS REGISTRATION (19917)(1-click HTML)
Sec. 154.001. DEFINITIONS. (19918)(1-click HTML)

(a) In this chapter: (19919)

(1) "Advisory board" means the Court Reporters Certification Advisory Board. (19920)

(2) "Certification" means, notwithstanding Section 151.001, a certification issued by the supreme court on the commission's recommendation. (19921)

(3) "Official court reporter" means the shorthand reporter appointed by a judge as the official court reporter. (19922)

(4) "Shorthand reporter" and "court reporter" mean a person who engages in shorthand reporting. (19923)

(5) "Shorthand reporting" and "court reporting" mean the practice of shorthand reporting for use in litigation in the courts of this state by making a verbatim record of an oral court proceeding, deposition, or proceeding before a grand jury, referee, or court commissioner using written symbols in shorthand, machine shorthand, or oral stenography. (19924)

(6) "Shorthand reporting firm," "court reporting firm," and "affiliate office" mean an entity wholly or partly in the business of providing court reporting or other related services in this state. (19925)

(b) For purposes of Subsection (a)(6), a court reporting firm, shorthand reporting firm, or affiliate office is considered to be providing court reporting or other related services in this state if: (19926)

(1) any act that constitutes a court reporting service or shorthand reporting service occurs wholly or partly in this state; (19927)

(2) the firm or affiliate office recruits a resident of this state through an intermediary located inside or outside of this state to provide court reporting services, shorthand reporting services, or other related services in this state; or (19928)

(3) the firm or affiliate office contracts with a resident of this state by mail or otherwise and either party is to perform court reporting services, shorthand reporting services, or other related services wholly or partly in this state. (19929)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19930)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19931)

Sec. 154.002. RULES. (19932)(1-click HTML)

The supreme court may adopt rules consistent with this subtitle, including rules governing: (19933)

(1) the certification and conduct of official and deputy court reporters and shorthand reporters; and (19934)

(2) the registration and conduct of court reporting and shorthand reporting firms. (19935)

Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014. (19936)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19937)

SUBCHAPTER B. COURT REPORTERS CERTIFICATION ADVISORY BOARD (19938)(1-click HTML)
Sec. 154.051. ORGANIZATION. (19939)(1-click HTML)

(a) The Court Reporters Certification Advisory Board is established as an advisory board to the commission. The advisory board is composed of at least seven members appointed by the supreme court as follows: (19940)

(1) one active district judge presiding over a court that employs an official court reporter; (19941)

(2) one active attorney licensed in this state who has been a practicing member of the State Bar for more than the five years immediately preceding the attorney's appointment to the advisory board; (19942)

(3) two active official court reporters who have practiced shorthand reporting in this state for more than the five years immediately preceding their appointment to the advisory board; (19943)

(4) two active certified shorthand reporters who work on a freelance basis and who have practiced shorthand reporting for more than the five years immediately preceding their appointment to the advisory board; and (19944)

(5) one representative of a shorthand reporting firm that has operated as a shorthand reporting firm in this state for more than the three years immediately preceding the representative's appointment to the advisory board. (19945)

(b) Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (19946)

(c) The advisory board member appointed under Subsection (a)(1) serves as presiding officer of the advisory board. (19947)

(d) A majority of the advisory board constitutes a quorum. (19948)

(e) Advisory board members serve staggered six-year terms of office as ordered by the supreme court. (19949)

(f) If a vacancy occurs on the advisory board, the supreme court shall appoint a similarly qualified person to serve the remainder of the term. (19950)

(g) Advisory board members serve without compensation but are entitled to reimbursement for travel expenses and other actual and necessary expenses incurred in the performance of official advisory board duties, as provided by the General Appropriations Act. (19951)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.68(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 167, Sec. 2.19(15), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 561, Sec. 22, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 29, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, Sec. 4, eff. Sept. 1, 2003. (19952)

Amended by: (19953)

Acts 2009, 81st Leg., R.S., Ch. 808 (S.B. 1441), Sec. 1, eff. June 19, 2009. (19954)

Transferred, redesignated and amended from Government Code, Section 52.011 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.03, eff. September 1, 2014. (19955)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19956)

Sec. 154.052. ADVISORY BOARD MEMBER TRAINING. (19957)(1-click HTML)

(a) A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory board until the person completes a training program that complies with this section. (19958)

(b) The training program must provide the person with information regarding: (19959)

(1) this chapter; (19960)

(2) the role and functions of the advisory board; (19961)

(3) the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority; and (19962)

(4) any applicable ethics policies adopted by the commission. (19963)

(c) A person appointed to the advisory board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. (19964)

Added by Acts 2003, 78th Leg., ch. 813, Sec. 6, eff. Sept. 1, 2003. (19965)

Transferred, redesignated and amended from Government Code, Section 52.0111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.03, eff. September 1, 2014. (19966)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19967)

SUBCHAPTER C. CERTIFICATION AND REGISTRATION (19968)(1-click HTML)
Sec. 154.101. CERTIFICATION OF REPORTERS. (19969)(1-click HTML)

(a) A person may not be appointed an official court reporter or a deputy court reporter unless the person is certified as a shorthand reporter by the supreme court. (19970)

(b) A person may not engage in shorthand reporting in this state unless the person is certified as a shorthand reporter by the supreme court. (19971)

(c) A certification issued under this chapter must be for one or more of the following methods of shorthand reporting: (19972)

(1) written shorthand; (19973)

(2) machine shorthand; (19974)

(3) oral stenography; or (19975)

(4) any other method of shorthand reporting authorized by the supreme court. (19976)

(d) A person certified under state law as a court reporter before September 1, 1983, may retain a general certification authorizing the person to use any authorized method of shorthand reporting. The person must keep the certification in continuous effect. (19977)

(e) A person may not assume or use the title or designation "court recorder," "court reporter," or "shorthand reporter," or any abbreviation, title, designation, words, letters, sign, card, or device tending to indicate that the person is a court reporter or shorthand reporter, unless the person is certified as a shorthand reporter by the supreme court. Nothing in this subsection shall be construed to either sanction or prohibit the use of electronic court recording equipment operated by a noncertified court reporter pursuant and according to rules adopted or approved by the supreme court. (19978)

(f) Except as provided by Section 154.112 and by Section 20.001, Civil Practice and Remedies Code, all depositions conducted in this state must be recorded by a certified shorthand reporter. (19979)

(g) The commission may enforce this section by seeking an injunction or by filing a complaint against a person who is not certified by the supreme court. The commission may seek the injunction in the district court of the county in which that person resides or in Travis County. Said action for an injunction shall be in addition to any other action, proceeding, or remedy authorized by law. The commission shall be represented by the attorney general, the county or district attorney of this state, or counsel designated and empowered by the commission. (19980)

(h) A court reporting firm shall register with the commission by completing an application in a form adopted by the commission. (19981)

(i) Rules applicable to a court reporter are also applicable to a court reporting firm. The commission may enforce this subsection by assessing a reasonable fee against a court reporting firm. This subsection does not apply to court reporting services performed outside of this state by a foreign shorthand reporter who is not certified in this state for use in a court proceeding in this state, provided that the work resulting from those services is produced and billed wholly outside of this state. (19982)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 367, Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 799, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1037, Sec. 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 122, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 29, Sec. 8, 9, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, Sec. 10, eff. Sept. 1, 2003. (19983)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (19984)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19985)

Amended by: (19986)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 18, eff. September 1, 2017. (19987)

Sec. 154.102. APPLICATION FOR EXAMINATION. (19988)(1-click HTML)

A person seeking certification must file an application for examination with the commission not later than the 30th day before the date fixed for the examination. The application must be accompanied by the required fee. (19989)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. (19990)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (19991)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (19992)

Sec. 154.103. EXAMINATION. (19993)(1-click HTML)

(a) The examination for certification in one or more of the authorized methods of shorthand reporting consists of two parts, designated Part A and Part B. (19994)

(b) Part A consists of five minutes of two-voice dictation of questions and answers given at 225 words per minute, five minutes of dictation of jury charges given at 200 words per minute, and five minutes of dictation of selected literary material given at 180 words per minute. Each applicant must personally take down the test material, either in writing or in voice, and must prepare a transcript of the material taken down. The minimum passing grade for each section of Part A is 95 percent. A dictionary may be used during Part A. Each applicant has three hours to complete the transcription of Part A. If an applicant finishes before the three hours have elapsed, the applicant may review the transcript but may use only the test material taken down by that applicant to review the transcript. An error is charged for: (19995)

(1) each wrong word; (19996)

(2) each omitted word; (19997)

(3) each word added by the applicant that was not dictated; (19998)

(4) each contraction interpreted by the applicant as two words; (19999)

(5) two words interpreted by the applicant as a contraction; (20000)

(6) each misplaced word; (20001)

(7) each misplaced period that materially alters the sense of a group of words or a sentence; (20002)

(8) each misspelled word; (20003)

(9) the use of the plural or singular if the opposite was dictated; and (20004)

(10) each wrong number. (20005)

(c) Part B consists of objective questions relating to elementary aspects of shorthand reporting, spelling, and grammar. The minimum passing grade for Part B is 75 percent. A dictionary may not be used during Part B. (20006)

(d) An applicant who cheats on the examination is disqualified and may not take the examination again until two years have elapsed from the date of the examination at which the applicant was disqualified. (20007)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.70, eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 562, Sec. 1, eff. June 18, 1999. (20008)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20009)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20010)

Sec. 154.104. CERTIFICATION TO SUPREME COURT. (20011)(1-click HTML)

The commission shall certify to the supreme court the name of each qualified applicant who has passed the examination. (20012)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 813, Sec. 21, eff. Sept. 1, 2003. (20013)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20014)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20015)

Sec. 154.105. TITLE; OATHS. (20016)(1-click HTML)

(a) On certification, a shorthand reporter may use the title "Certified Shorthand Reporter" or the abbreviation "CSR." (20017)

(b) A certified shorthand reporter may administer oaths to witnesses anywhere in this state. (20018)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. (20019)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20020)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20021)

Sec. 154.106. FIRM REGISTRATION. (20022)(1-click HTML)

(a) A shorthand reporting firm or an affiliate office may not assume or use the title or designation "court recording firm," "court reporting firm," or "shorthand reporting firm" or any abbreviation, title, designation, words, letters, sign, card, or device tending to indicate that the firm is a court reporting firm or shorthand reporting firm, or offer services as a court reporting firm or shorthand reporting firm, unless the firm and its affiliate offices are registered with the commission on a form prescribed by the commission as required by this subchapter. (20023)

(b) The commission may enforce this section against a firm, its affiliate office, or both, if the firm or affiliate office is not registered with the commission, by seeking an injunction or by filing a complaint in the district court of the county in which the firm or affiliate office is located or in Travis County. An action for an injunction is in addition to any other action, proceeding, or remedy authorized by law. The attorney general, a county or district attorney of this state, or counsel designated and empowered by the commission shall represent the commission. (20024)

Added by Acts 2001, 77th Leg., ch. 29, Sec. 10, eff. Sept. 1, 2001. (20025)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20026)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20027)

Amended by: (20028)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 19, eff. September 1, 2017. (20029)

Sec. 154.107. CERTIFICATION AND REGISTRATION FEE AND RENEWAL. (20030)(1-click HTML)

(a) A person who receives certification as a shorthand reporter or a shorthand reporting firm or affiliate office that registers with the commission must pay the initial fee and any other required fee before receiving the certification or registration. (20031)

(b) A certification or registration expires on the last day of the month in which the second anniversary of the date on which it was issued occurs unless the certification or registration is renewed on or before that day. (20032)

(c) On each renewal of the certification or registration, a fee is charged in accordance with Section 152.2015. A firm or the affiliate office of a firm that may not renew an expired registration as described by Section 152.2015(e) must pay all unpaid renewal and late fees charged for the expired registration, in addition to complying with all registration requirements and procedures, in order to obtain a new registration under Section 152.2015(e). (20033)

(d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017. (20034)

(e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017. (20035)

(f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017. (20036)

(g) Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017. (20037)

(h) Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017. (20038)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 29, Sec. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, Sec. 12, eff. Sept. 1, 2003. (20039)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20040)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20041)

Amended by: (20042)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 20, eff. September 1, 2017. (20043)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017. (20044)

Sec. 154.110. DISCIPLINARY ACTIONS AGAINST COURT REPORTERS. (20045)(1-click HTML)

(a) After receiving a complaint and giving the certified shorthand reporter notice and an opportunity for a hearing as prescribed by Subchapter B, Chapter 153, the commission shall revoke, suspend, or refuse to renew the shorthand reporter's certification or issue a reprimand to the reporter for: (20046)

(1) fraud or corruption; (20047)

(2) dishonesty; (20048)

(3) wilful or negligent violation or failure of duty; (20049)

(4) incompetence; (20050)

(5) fraud or misrepresentation in obtaining certification; (20051)

(6) a final conviction of a felony or misdemeanor that directly relates to the duties and responsibilities of a certified shorthand reporter, as determined by supreme court rules; (20052)

(7) engaging in the practice of shorthand reporting using a method for which the reporter is not certified; (20053)

(8) engaging in the practice of shorthand reporting while certification is suspended; (20054)

(9) unprofessional conduct, including giving directly or indirectly, benefiting from, or being employed as a result of any gift, incentive, reward, or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year; (20055)

(10) entering into or providing services under a prohibited contract described by Section 154.115; (20056)

(11) committing any other act that violates this chapter or a rule or provision of the code of ethics adopted under this subtitle; or (20057)

(12) other sufficient cause. (20058)

(b) The commission may suspend the certification: (20059)

(1) for a designated period of time not to exceed 12 months; (20060)

(2) until the person corrects the deficiencies that were the grounds for the suspension; or (20061)

(3) until the person complies with any conditions imposed by the commission to ensure the person's future performance as a shorthand reporter. (20062)

(c) A suspended shorthand reporter may apply for reinstatement by presenting proof that: (20063)

(1) the designated time has expired; (20064)

(2) the person has corrected the deficiencies; or (20065)

(3) the person has complied with the conditions imposed by the commission. (20066)

(d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(3), eff. September 1, 2017. (20067)

(e) The supreme court may authorize and the commission may adopt rules relating to the nonrenewal of the certification of a court reporter who is in default on a loan guaranteed under Chapter 57, Education Code, by the Texas Guaranteed Student Loan Corporation. (20068)

(f) The commission may place on probation a person whose certification is suspended. If a certification suspension is probated, the commission may require the person to: (20069)

(1) report regularly to the commission on matters that are the basis of the probation; (20070)

(2) limit practice to the areas prescribed by the commission; or (20071)

(3) continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation. (20072)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 729, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 29, Sec. 13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, Sec. 17, eff. Sept. 1, 2003. (20073)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20074)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20075)

Amended by: (20076)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 21, eff. September 1, 2017. (20077)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(3), eff. September 1, 2017. (20078)

Sec. 154.111. DISCIPLINARY ACTIONS AGAINST FIRMS. (20079)(1-click HTML)

(a) After receiving a complaint and giving the shorthand reporting firm or affiliate office notice and an opportunity for a hearing as prescribed by Subchapter B, Chapter 153, the commission shall reprimand, assess a reasonable fine against, or suspend, revoke, or refuse to renew the registration of a shorthand reporting firm or affiliate office for: (20080)

(1) fraud or corruption; (20081)

(2) dishonesty; (20082)

(3) conduct on the part of an officer, director, or managerial employee of the shorthand reporting firm or affiliate office if the officer, director, or managerial employee orders, encourages, or permits conduct that the officer, director, or managerial employee knows or should have known violates this subtitle; (20083)

(4) conduct on the part of an officer, director, or managerial employee or agent of the shorthand reporting firm or affiliate office who has direct supervisory authority over a person for whom the officer, director, employee, or agent knows or should have known violated this subtitle and knowingly fails to take reasonable remedial action to avoid or mitigate the consequences of the person's actions; (20084)

(5) fraud or misrepresentation in obtaining registration; (20085)

(6) a final conviction of an officer, director, or managerial employee of a shorthand reporting firm or affiliate office for a felony or misdemeanor that is directly related to the provision of court reporting services, as determined by supreme court rules; (20086)

(7) engaging the services of a reporter that the shorthand reporting firm or affiliate office knew or should have known was using a method for which the reporter is not certified; (20087)

(8) knowingly providing court reporting services while the shorthand reporting firm's or affiliate office's registration is suspended or engaging the services of a shorthand reporter whose certification the shorthand reporting firm or affiliate office knew or should have known was suspended; (20088)

(9) unprofessional conduct, including a pattern of giving directly or indirectly or benefiting from or being employed as a result of giving any gift, incentive, reward, or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year; (20089)

(10) entering into or providing services under a prohibited contract described by Section 154.115; (20090)

(11) committing any other act that violates this chapter or a rule or provision of the code of ethics adopted under this subtitle; or (20091)

(12) other sufficient cause. (20092)

(b) Nothing in Subsection (a)(9) shall be construed to define providing value-added business services, including long-term volume discounts, such as the pricing of products and services, as prohibited gifts, incentives, or rewards. (20093)

(c) The commission may suspend the registration of a shorthand reporting firm or affiliate office: (20094)

(1) for a designated period of time in accordance with Section 154.110(b); (20095)

(2) until the shorthand reporting firm or affiliate office corrects the deficiencies that were the grounds for the suspension; or (20096)

(3) until the shorthand reporting firm or affiliate office complies with any conditions imposed by the commission to ensure the shorthand reporting firm's or affiliate office's future performance. (20097)

(d) A shorthand reporting firm or affiliate office whose registration is suspended may apply for reinstatement by presenting proof that: (20098)

(1) the designated time has expired; (20099)

(2) the shorthand reporting firm or affiliate office has corrected the deficiencies; or (20100)

(3) the shorthand reporting firm or affiliate office has complied with the conditions imposed by the commission. (20101)

(e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(4), eff. September 1, 2017. (20102)

(f) The commission may place on probation a shorthand reporting firm or affiliate office whose registration is suspended. If a registration suspension is probated, the commission may require the firm or office to: (20103)

(1) report regularly to the commission on matters that are the basis of the probation; (20104)

(2) limit practice to the areas prescribed by the commission; or (20105)

(3) through its officers, directors, managerial employees, or agents, continue or review professional education until those persons attain a degree of skill satisfactory to the commission in those areas that are the basis of the probation. (20106)

Added by Acts 2001, 77th Leg., ch. 29, Sec. 14, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 813, Sec. 18, eff. Sept. 1, 2003. (20107)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20108)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20109)

Amended by: (20110)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 22, eff. September 1, 2017. (20111)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(4), eff. September 1, 2017. (20112)

Sec. 154.112. EMPLOYMENT OF NONCERTIFIED SHORTHAND REPORTERS. (20113)(1-click HTML)

(a) A noncertified shorthand reporter may be employed until a certified shorthand reporter is available. (20114)

(b) A noncertified shorthand reporter may report an oral deposition only if: (20115)

(1) the noncertified shorthand reporter delivers an affidavit to the parties or to their counsel present at the deposition stating that a certified shorthand reporter is not available; or (20116)

(2) the parties or their counsel stipulate on the record at the beginning of the deposition that a certified shorthand reporter is not available. (20117)

(c) This section does not apply to a deposition taken outside this state for use in this state. (20118)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. (20119)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20120)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20121)

Sec. 154.113. CRIMINAL PENALTY. (20122)(1-click HTML)

(a) Except as provided by Section 154.112, a person commits an offense if the person engages in shorthand reporting in violation of Section 154.101. Each day of violation constitutes a separate offense. (20123)

(b) An offense under this section is a Class A misdemeanor. (20124)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 1037, Sec. 3, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 813, Sec. 19, eff. Sept. 1, 2003. (20125)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20126)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20127)

Sec. 154.114. EXEMPTIONS. (20128)(1-click HTML)

This chapter does not apply to: (20129)

(1) a party to the litigation involved; (20130)

(2) the attorney of the party; or (20131)

(3) a full-time employee of a party or a party's attorney. (20132)

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. (20133)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20134)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20135)

Sec. 154.115. PROHIBITED CONTRACTS. (20136)(1-click HTML)

(a) A court reporter may not enter into or provide services under any contractual agreement, written or oral, exclusive or nonexclusive, that: (20137)

(1) undermines the impartiality of the court reporter; (20138)

(2) requires a court reporter to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney; (20139)

(3) requires a court reporter to provide any service not made available to all parties to an action; or (20140)

(4) gives or appears to give an exclusive advantage to any party. (20141)

(b) This section does not apply to a contract for court reporting services for a court, agency, or instrumentality of the United States or this state. (20142)

Added by Acts 1997, 75th Leg., ch. 729, Sec. 2, eff. Sept. 1, 1997. (20143)

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014. (20144)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20145)

CHAPTER 155. DUTIES RESPECTING GUARDIANSHIP (20146)(1-click HTML)
Sec. 155.001. DEFINITIONS. (20147)(1-click HTML)

In this chapter: (20148)

(1) "Advisory board" means the Guardianship Certification Advisory Board. (20149)

(2) "Corporate fiduciary" has the meaning assigned by Section 1002.007, Estates Code. (20150)

(3) "Guardian" has the meaning assigned by Section 1002.012, Estates Code. (20151)

(4) "Guardianship program" means a local, county, or regional program that provides guardianship and related services to an incapacitated person or other person who needs assistance in making decisions concerning the person's own welfare or financial affairs. (20152)

(5) "Incapacitated person" has the meaning assigned by Section 1002.017, Estates Code. (20153)

(6) "Private professional guardian" means a person, other than an attorney or a corporate fiduciary, who is engaged in the business of providing guardianship services. (20154)

(6-a) Notwithstanding Section 151.001, "registration" means registration of a guardianship under this chapter. (20155)

(7) "Ward" has the meaning assigned by Section 22.033, Estates Code. (20156)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20157)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20158)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20159)

Amended by: (20160)

Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 9, eff. September 1, 2017. (20161)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 23, eff. September 1, 2017. (20162)

Sec. 155.002. RULES. (20163)(1-click HTML)

The supreme court may adopt rules consistent with this chapter, including rules governing the certification of individuals providing guardianship services. (20164)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20165)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20166)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20167)

Sec. 155.051. ADVISORY BOARD. (20168)(1-click HTML)

(a) The Guardianship Certification Advisory Board is established as an advisory board to the commission. The advisory board is composed of at least five members appointed by the supreme court. (20169)

(b) Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (20170)

(c) The supreme court shall appoint a presiding officer of the advisory board from among the advisory board members to serve for two years. (20171)

(d) A majority of the advisory board constitutes a quorum. (20172)

(e) Advisory board members serve for staggered six-year terms as ordered by the supreme court. Advisory board members serve without compensation but are entitled to reimbursement for travel expenses and other actual and necessary expenses incurred in the performance of official advisory board duties, as provided by the General Appropriations Act. (20173)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20174)

Amended by: (20175)

Acts 2007, 80th Leg., R.S., Ch. 32 (S.B. 507), Sec. 1, eff. September 1, 2007. (20176)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20177)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20178)

Sec. 155.052. TRAINING. (20179)(1-click HTML)

(a) A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory board until the person completes a training program that complies with this section. (20180)

(b) The training program must provide the person with information regarding: (20181)

(1) this chapter; (20182)

(2) the role and functions of the advisory board; and (20183)

(3) any applicable ethics policies adopted by the commission. (20184)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20185)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20186)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20187)

SUBCHAPTER C. STANDARDS FOR AND CERTIFICATION OF CERTAIN GUARDIANS (20188)(1-click HTML)
Sec. 155.101. STANDARDS FOR CERTAIN GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP. (20189)(1-click HTML)

(a) The commission shall adopt minimum standards for: (20190)

(1) the provision of guardianship services or other similar but less restrictive types of assistance or services by: (20191)

(A) individuals employed by or contracting with guardianship programs to provide the assistance or services on behalf of the programs; and (20192)

(B) private professional guardians; and (20193)

(2) the provision of guardianship services by the Department of Aging and Disability Services or its successor agency. (20194)

(b) The commission shall design the standards to protect the interests of an incapacitated person or other person needing assistance making decisions concerning the person's own welfare or financial affairs. (20195)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20196)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20197)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20198)

Amended by: (20199)

Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 2, eff. September 1, 2017. (20200)

Sec. 155.102. CERTIFICATION REQUIRED FOR CERTAIN GUARDIANS. (20201)(1-click HTML)

(a) To provide guardianship services in this state, the following individuals must hold a certificate issued under this section: (20202)

(1) an individual who is a private professional guardian; (20203)

(2) an individual who will provide those services to a ward of a private professional guardian on the guardian's behalf; and (20204)

(3) an individual, other than a volunteer, who will provide those services or other services under Section 161.114, Human Resources Code, to a ward of a guardianship program or the Department of Aging and Disability Services on the program's or department's behalf. (20205)

(a-1) An individual who directly supervises an individual who will provide guardianship services in this state to a ward of a guardianship program must hold a certificate issued under this section. (20206)

(b) An applicant for a certificate under this section must: (20207)

(1) apply to the commission on a form prescribed by the commission; and (20208)

(2) submit with the application a nonrefundable application fee in an amount determined by the commission, subject to the approval of the supreme court. (20209)

(c) The supreme court may adopt rules and procedures for issuing a certificate and for renewing, suspending, or revoking a certificate issued under this section. Any rules adopted by the supreme court under this section must: (20210)

(1) ensure compliance with the standards adopted under Section 155.101; (20211)

(2) provide that the commission establish qualifications for obtaining and maintaining certification; (20212)

(3) provide that the commission issue certificates under this section; (20213)

(4) provide that a certificate expires on the last day of the month in which the second anniversary of the date the certificate was issued occurs unless renewed on or before that day; (20214)

(5) prescribe procedures for accepting complaints and conducting investigations of alleged violations of the minimum standards adopted under Section 155.101 or other terms of the certification by certificate holders; and (20215)

(6) prescribe procedures by which the commission, after notice and hearing, may suspend or revoke the certificate of a holder who fails to substantially comply with appropriate standards or other terms of the certification. (20216)

(d) If the requirements for issuing a certificate under this section or reissuing a certificate under Section 153.060 include passage of an examination covering guardianship education requirements: (20217)

(1) the commission shall develop and the director shall administer the examination; or (20218)

(2) the commission shall direct the director to contract with another person or entity the commission determines has the expertise and resources to develop and administer the examination. (20219)

(e) In lieu of the certification requirements imposed under this section, the commission may issue a certificate to an individual to engage in business as a guardian or to provide guardianship services in this state if the individual: (20220)

(1) submits an application to the commission in the form prescribed by the commission; (20221)

(2) pays a fee in a reasonable amount determined by the commission, subject to the approval of the supreme court; (20222)

(3) is certified, registered, or licensed as a guardian by a national organization or association the commission determines has requirements at least as stringent as those prescribed by the commission under this subchapter; and (20223)

(4) is in good standing with the organization or association with whom the person is licensed, certified, or registered. (20224)

(f) An employee of the Department of Aging and Disability Services who is applying for a certificate under this section to provide guardianship services to a ward of the department is exempt from payment of an application fee required by this section. (20225)

(g) An application fee or other fee collected under this section shall be deposited to the credit of the guardianship certification account in the general revenue fund and may be appropriated only to the office for the administration and enforcement of this chapter. (20226)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20227)

Amended by: (20228)

Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 1, eff. September 1, 2011. (20229)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20230)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20231)

Amended by: (20232)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 24, eff. September 1, 2017. (20233)

Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 3, eff. September 1, 2017. (20234)

Sec. 155.103. PROVISIONAL CERTIFICATE. (20235)(1-click HTML)

(a) Notwithstanding Section 155.102(a), the commission may issue a provisional certificate to an individual who: (20236)

(1) does not meet the qualifications for obtaining certification under Section 155.102; and (20237)

(2) possesses the qualifications for provisional certification required by rules adopted by the supreme court. (20238)

(b) An individual who holds a provisional certificate may provide guardianship services in this state only under the supervision of an individual certified under Section 155.102. (20239)

(c) The supreme court may adopt rules and procedures for issuing a provisional certificate under this section that, at a minimum, must: (20240)

(1) ensure compliance with the standards adopted under Section 155.101; and (20241)

(2) provide that the commission establishes qualifications for obtaining and maintaining the certification. (20242)

Added by Acts 2007, 80th Leg., R.S., Ch. 16 (S.B. 506), Sec. 2, eff. April 25, 2007. (20243)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20244)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20245)

Sec. 155.104. INFORMATION FROM PRIVATE PROFESSIONAL GUARDIANS. (20246)(1-click HTML)

In addition to the information submitted under Section 1104.306, Estates Code, the director may require a private professional guardian or a person who represents or plans to represent the interests of a ward as a guardian on behalf of the private professional guardian to submit information considered necessary to monitor the person's compliance with the applicable standards adopted under Section 155.101 or with the certification requirements of Section 155.102. (20247)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20248)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20249)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20250)

Amended by: (20251)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.032, eff. September 1, 2017. (20252)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 25, eff. September 1, 2017. (20253)

Sec. 155.105. ANNUAL DISCLOSURE. (20254)(1-click HTML)

(a) Not later than January 31 of each year, each guardianship program shall provide to the commission a report containing for the preceding year: (20255)

(1) the number of wards served by the guardianship program reported by county in which the application to create a guardianship for the ward is filed and the total number of wards served by the guardianship program; (20256)

(2) the name, business address, and business telephone number of each individual employed by or volunteering or contracting with the guardianship program to provide guardianship services to a ward or proposed ward of the program; (20257)

(3) the name of each county in which an individual described by Subdivision (2) provides or is authorized to provide guardianship services; (20258)

(4) the total amount of money received from this state for the provision of guardianship services; and (20259)

(5) the amount of money received from any other public source, including a county or the federal government, for the provision of guardianship services, reported by source, and the total amount of money received from those public sources. (20260)

(b) Not later than January 31 of each year, each private professional guardian shall provide to the commission a report containing for the preceding year: (20261)

(1) the number of wards served by the private professional guardian reported by county in which the application to create a guardianship for the ward is filed and the total number of wards served by the private professional guardian; (20262)

(2) the name, business address, and business telephone number of each individual who provides guardianship services to a ward of the private professional guardian on behalf of the private professional guardian; (20263)

(3) the total amount of money received from this state for the provision of guardianship services; and (20264)

(4) the amount of money received from any other public source, including a county or the federal government, for the provision of guardianship services, reported by source, and the total amount of money received from those public sources. (20265)

(c) A private professional guardian shall submit with the report required under Subsection (b) a copy of the guardian's application for a certificate of registration required by Section 1104.302, Estates Code. (20266)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005. (20267)

Amended by: (20268)

Acts 2009, 81st Leg., R.S., Ch. 510 (S.B. 1055), Sec. 1, eff. September 1, 2009. (20269)

Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014. (20270)

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015. (20271)

Amended by: (20272)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.033, eff. September 1, 2017. (20273)

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 26, eff. September 1, 2017. (20274)

Sec. 155.106. PROHIBITED EMPLOYMENT. (20275)(1-click HTML)

A guardianship program may not employ an individual to provide, or directly supervise the provision of, guardianship and related services on the program's behalf: (20276)

(1) if a certificate issued to the individual under this subchapter is expired or refused renewal, or has been revoked and not been reissued; or (20277)

(2) during the time a certificate issued to the individual under this subchapter is suspended. (20278)

Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 4, eff. September 1, 2017. (20279)

Subchapter D, consisting of Secs. 155.151 to 155.155, was added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11. (20280)

For another Subchapter D, consisting of Secs. 155.151 to 155.154, added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 5, see Sec. 155.151 et seq., post. (20281)

SUBCHAPTER D. GUARDIANSHIP REGISTRATION AND DATABASE (20282)(1-click HTML)
Sec. 155.151. REGISTRATION OF GUARDIANSHIPS. (20283)(1-click HTML)

(a) The supreme court, after consulting with the office and the commission, shall by rule establish a mandatory registration program for guardianships under which all guardianships in this state shall be required to register with the commission. (20284)

(b) In establishing rules under this section, the supreme court shall ensure courts with jurisdiction over a guardianship immediately notify the commission of the removal of a guardian. (20285)

Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017. (20286)

Sec. 155.152. GUARDIANSHIP DATABASE. (20287)(1-click HTML)

In cooperation with the commission and courts with jurisdiction over guardianship proceedings and by using the information obtained by the commission under this subchapter, the office shall establish and maintain a central database of all guardianships subject to the jurisdiction of this state. (20288)

Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017. (20289)

Sec. 155.153. ACCESS TO DATABASE. (20290)(1-click HTML)

(a) The office shall ensure the database is accessible to the Department of Public Safety for law enforcement purposes. (20291)

  

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