HBA-DMH H.B. 2755 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2755
By: Uher
Licensing & Administrative Procedures
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

The public accounting profession is a key component of business and
commerce in Texas.  Because of changes in the profession brought about by
technology, the globalization of business and the demand for a wide array
of services being sought by the public, modernization of accounting
regulation is necessary. New concepts must be embraced to regulate the
profession across state and federal boundaries, to allow the assimilation
of diverse financial disciplines into a single organization, to recognize
new national competency standard for attest services and to concentrate
regulation in those  areas where public trust is highest. 

House Bill 2755 modernizes accounting regulation by simplifying yet
strengthening the practice of certified public accountants (CPA) across
state lines, allowing financial professionals of other disciplines to
partner with CPAs in one organization, strengthening required competency
standards for attest services, and focusing regulation of those attest
services while maintaining the CPA's requirement to offer competence,
integrity, and objectivity in all services offered to the public. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Public
Accountancy in SECTION 6 (Section 901.158, Occupations Code), SECTION 11
(Section 901.165, Occupations Code), SECTION 14 (Section 901.254,
Occupations Code), SECTION 17 (Section 901.260, Occupations Code), SECTION
19 (Section 901.304, Occupations Code), SECTION 22 (Section 901.307,
Occupations Code), SECTION 24 (Sections 901.351 and 901.354, Occupations
Code), SECTION 31 (Section 901.456, Occupations Code) and SECTION 42 of
this bill. 

ANALYSIS

House Bill 2755 amends the Occupations Code to establish provisions for the
regulation of assurance and attest services in the scope of the Public
Accountancy Act (Act).   

The bill authorizes the Texas State Board of Public Accountancy (board) to
contract with another person to conduct the uniform Certified Public
Accountant (CPA) examination (Sec. 901.301).  The bill modifies the fees
the board is required to collect for each CPA examination  (Sec. 901.304).
The bill deletes the provision providing that a person must attain a grade
of at least 75 percent on each subject of the examination to pass the
examination, and requires the board by rule to determine the grade a person
must attain to pass the examination (Sec. 901.307).  The bill requires the
board to adopt rules for examination or reexamination fees and grading not
later than January 1, 2002 (SECTION 42). 

The bill requires the board by rule to provide for the reporting, rather
than biennial reporting, of continuing professional education relating to a
license holder.  The bill requires an individual license holder to
participate in a program of continuing professional education designed to
maintain professional competency that complies with board rule (Sec.
901.411). The bill modifies the circumstances for which the board is
required to issue a certificate or license to a person who holds a
certificate or license in another state,  modifies practice privileges of
an out-of-state certificate or license holder, and provides for the
appointment of the secretary of state as the non resident certificate or
permit holder's agent (Secs. 901.259, 901.412, and 901.605).  The bill
provides that an applicant for the uniform CPA examination must have
completed specified semester hours including an accounting concentration as
determined by board rule (Sec. 901.254).  The bill authorizes the board to
issue a certificate to an applicant who holds a substantially equivalent
foreign credential if certain conditions and requirements are met (Sec.
901.260).   The bill requires the board to investigate any complaint made
by the regulatory agency of another state or jurisdiction concerning a
license holder and sets forth provisions for disciplinary actions for acts
committed in another state (Sec. 901.511).  

The bill authorizes the board to adopt by rule a system to investigate the
background of an individual owner of a CPA firm who is not a license holder
under the Act (Sec. 901.354).  The bill modifies permit information and
eligibility requirements for ownership of a partnership and sole proprietor
firm (Sec. 901.354).  The bill deletes specific requirements for license
renewal and requires the board to specify: 

_the form of the application for a license; 

_the term of a license; and 

_the requirements for renewal of a license (Sec. 901.403)

The bill clarifies the use of titles by certain certificate and license
holders (Secs. 901.452-901.454).  The bill establishes issuing requirements
for a report on a financial statement and requires the board to prescribe
by rule safe harbor language that a person who is not a license holder may
use without committing a financial statement reporting violation (Sec.
901.456).  The bill modifies the boards authority to take disciplinary
action (Secs. 901.501 and 901.502). 

The bill removes the prohibitions limiting the rule adopting powers of the
board relating to advertising or competitive bidding by a license holder
and authorizes the board to establish rules for regulating competitive
practices (Sec. 901.158).  The bill redesignates the quality review program
as the peer review program and sets forth provisions regarding verification
(Sec. 901.159).  The bill specifies that specified actions of an attorney
or firm of attorneys or a representative of a federally insured depository
institution are not restricted under the Act (Sec. 901.004). 

The bill expands to each board member and employee, volunteer, or agent of
the board immunity from personal liability for an action made in good faith
(Sec. 901.162).  The bill sets forth provisions regarding intervention in
an action by the board and evidence to justify a penalty (Secs. 901.603 and
901.604). The bill repeals law relating to the practice of public
accountancy, an application for registration, and a temporary practice
permit for certain out-of-state or foreign applicants ( SECTION 41).  

EFFECTIVE DATE

September 1, 2001.