HBA-DMH S.B. 1358 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1358
By: Armbrister
Licensing & Administrative Procedures
5/2/2001
Engrossed



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 standards for attest services, and to concentrate
regulation in those  areas where the public trust is highest. 

Senate Bill 1358 modernizes accounting regulation by simplifying yet
strengthening the practice of certified public accountants (CPAs) 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 7 (Section 901.158, Occupations Code), SECTION 12
(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 23 (Sections 901.351 and 901.354, Occupations
Code), and SECTION 41 of this bill. 

ANALYSIS

Senate Bill 1358 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  uniform
Certified Public Accountant (CPA) examinations and modifies the fees the
board is required to collect for each CPA examination  (Secs. 901.301 and
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 adopt a method for
grading the examination and to estabish the criteria for passing 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 41). 

The bill requires the board by rule to provide for the reporting, rather
than the 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 nonresident certificate or
license 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
or equivalent courses 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 by a license holder in another
state (Sec. 901.511).  

The bill authorizes the board by rule to adopt 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 license information and
eligibility requirements for a 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 provides 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 board's 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 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 certain actions of an attorney or
firm of attorneys or a representative of a financial institution are not
restricted under the Act (Sec. 901.004). 

The bill requires the state to hold each board member, employee, or agent
of the board and volunteer member of a constructive enforcement committee
of the board harmless from any cost, damage, or attorney's fees arising
from a claim or suit against that person for an action taken by the person
in good faith in the discharge of the board's responsibilities (Sec.
901.162).  The bill sets forth provisions regarding intervention in an
action by the board and evidence sufficient to justify a penalty (Secs.
901.603 and 901.604). The bill modifies the application of the Texas Sunset
Act by providing that the board is abolished September 1, 2005, rather than
September 1, 2003 ( Sec. 901.006).  

EFFECTIVE DATE

September 1, 2001.