reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 152 - Judicial Branch Certification Commission › Subchapter E. Certification, Registration, and Licensing Requirements › Section 152.204. Continuing Education

Sec. 152.204.  CONTINUING EDUCATION.  (a)  The supreme court may authorize and the commission by rule may require continuing professional education for persons regulated under this subtitle.
(b)  The rules for continuing professional education adopted by the commission may include standards relating to:
(1)  reporting by regulated persons or by providers of continuing professional education;
(2)  continuing professional education course content; and
(3)  the minimum number of continuing professional education hours required.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 152 - Judicial Branch Certification Commission › Subchapter E. Certification, Registration, and Licensing Requirements › Section 152.205. Code of Ethics

Sec. 152.205.  CODE OF ETHICS.  (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.
(b)  The commission shall publish the code of ethics after adoption by the supreme court.
(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.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter A. General Enforcement Provisions › Section 153.0001. Filing Complaint

Sec. 153.0001.  FILING COMPLAINT.  (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:
(1)  have personal knowledge of the alleged violation;
(2)  complete a complaint form provided by the commission;
(3)  sign the completed complaint form; and
(4)  attach any pertinent documentary evidence to the complaint form.
(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.
(c)  This section does not preclude the commission, an advisory board of the commission, or a court of this state from filing a complaint.
Added by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter A. General Enforcement Provisions › Section 153.001. Investigations

Sec. 153.001.  INVESTIGATIONS.  The commission may conduct investigations as necessary to enforce the laws administered by the commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter A. General Enforcement Provisions › Section 153.002. Subpoenas

Sec. 153.002.  SUBPOENAS.  (a)  The commission may issue a subpoena as provided by this section.
(b)  The commission may request and, if necessary, compel by subpoena:
(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
(2)  the attendance of a witness for examination under oath.
(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.
(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.
(e)  Venue for an action brought under this section is in a district court in:
(1)  Travis County; or
(2)  any county in which the commission may hold a hearing.
(f)  The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter A. General Enforcement Provisions › Section 153.003. Cease and Desist Order

Sec. 153.003.  CEASE AND DESIST ORDER.  (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:
(1)  this subtitle;
(2)  a law establishing a regulatory program administered by the commission; or
(3)  a rule adopted under this subtitle or order issued by the commission or the director.
(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.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter A. General Enforcement Provisions › Section 153.004. Denial, Revocation, Suspension, or Refusal to Renew; Reprimand; Probation

Sec. 153.004.  DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW; REPRIMAND; PROBATION.  (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.
(b) The commission shall determine the severity of an administrative sanction, including the length of the period of time a revocation, suspension, refusal to renew a certification, registration, or license, based upon:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2) the threat to health or safety caused by the violation;
(3) any previous violations;
(4) the administrative sanction necessary to deter a future violation;
(5) whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and
(6) any other matter that justice may require.
(c) 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:
(1) report regularly to the commission on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the commission; or
(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.
(d) 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 12, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1111 (S.B. 2106), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter A. General Enforcement Provisions › Section 153.005. Injunction

Sec. 153.005.  INJUNCTION.  (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.
(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.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.051. Imposition of Penalty

Sec. 153.051.  IMPOSITION OF PENALTY.  (a)  The commission may impose an administrative penalty on a person who violates:
(1)  this subtitle;
(2)  a statute establishing a regulatory program administered by the commission;
(3)  a rule or standard adopted under this subtitle; or
(4)  an order issued by the commission or director under this subtitle.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.052. Amount of Penalty

Sec. 153.052.  AMOUNT OF PENALTY.  (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.
(b)  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the threat to health or safety caused by the violation;
(3)  any previous violations;
(4)  the amount necessary to deter a future violation;
(5)  whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and
(6)  any other matter that justice may require.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.053. Report and Notice of Violation, Penalty, and Sanction

Sec. 153.053.  REPORT AND NOTICE OF VIOLATION, PENALTY, AND SANCTION.  (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.
(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.
(c)  The notice required under Subsection (b) must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of any penalty;
(3)  state any sanction; and
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.054. Penalty Paid, Sanction Accepted, or Hearing Requested

Sec. 153.054.  PENALTY PAID, SANCTION ACCEPTED, OR HEARING REQUESTED.  (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:
(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
(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.
(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:
(1)  accept the commission's determination, penalty, or sanction; or
(2)  request a hearing not later than the 20th day after the date of receiving notice of the commission's determination.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.055. Notice; Hearing

Sec. 153.055.  NOTICE; HEARING.  (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.
(b)  The person may appear, present evidence, and respond to questions from the commission at the hearing.
(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.
(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.
(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.
(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.
(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).
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.056. Options Following Decision: Pay, Accept, or Appeal

Sec. 153.056.  OPTIONS FOLLOWING DECISION:  PAY, ACCEPT, OR APPEAL.  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:
(1)  accept the obligation to pay the penalty or accept the sanction; or
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.057. Collection of Penalty

Sec. 153.057.  COLLECTION OF PENALTY.  (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.
(b)  The attorney general may sue to collect the penalty and may recover reasonable expenses, including attorney's fees, incurred in recovering the penalty.
(c)  A penalty collected under this subchapter shall be deposited in the state treasury in the general revenue fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.058. Appeal of Decision

Sec. 153.058.  APPEAL OF DECISION.  (a)  The supreme court shall adopt rules governing appeals under this subchapter.
(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.
(c)  An appeal must be filed not later than the 30th day after the date the commission's order is issued.
(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.
(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:
(1)  notice of the special committee's request for information; and
(2)  a copy of the certification, registration, or license holder's response.
(f)  If the special committee sustains the finding that a violation occurred, the special committee may:
(1)  uphold or reduce the amount of any penalty and order the person to pay the full or reduced amount of the penalty; and
(2)  uphold or reduce any other sanction and order the imposition of the sanction.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.059. Remittance of Penalty and Interest

Sec. 153.059.  REMITTANCE OF PENALTY AND INTEREST.  (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.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 153 - Commission Enforcement › Subchapter B. Administrative Penalty; Administrative Sanction › Section 153.060. Reissuance of Certificate, Registration, or License

Sec. 153.060.  REISSUANCE OF CERTIFICATE, REGISTRATION, OR LICENSE.  (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:
(1)  the correction of the grounds for the revocation or the commission's refusal to renew the certificate, registration, or license;
(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;
(3)  that reissuance would not pose a threat to public health, safety, and welfare; and
(4)  any other rehabilitative efforts.
(b)  The commission may impose conditions on the revocation or refusal to renew a certificate, registration, or license that may include:
(1)  prohibiting a person from applying for reissuance for a specified period; and
(2)  imposing some or all prerequisites for initial certification, registration, or licensure as a prerequisite for reissuance.
(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.
Added by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter A. General Provisions › Section 154.001. Definitions

Sec. 154.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Advisory board" means the Court Reporters Certification Advisory Board.
(1-a)  "Apprentice court reporter" means a person to whom an apprentice court reporter certification is issued as authorized by Section 154.1011.
(2)  "Certification" means, notwithstanding Section 151.001, a certification issued by the supreme court on the commission's recommendation.
(3)  "Official court reporter" means the shorthand reporter appointed by a judge as the official court reporter.
(3-a)  "Provisional court reporter" means a court reporter to whom a provisional certification is issued as authorized by Section 154.1011.
(4)  "Shorthand reporter" and "court reporter" mean a person who is certified as a court reporter, apprentice court reporter, or provisional court reporter under this chapter to engage in shorthand reporting.
(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.
(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.
(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:
(1)  any act that constitutes a court reporting service or shorthand reporting service occurs wholly or partly in this state;
(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
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.07, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 17.05, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter A. General Provisions › Section 154.002. Rules

Sec. 154.002.  RULES.  The supreme court may adopt rules consistent with this subtitle, including rules governing:
(1)  the certification and conduct of official and deputy court reporters and shorthand reporters; and
(2)  the registration and conduct of court reporting and shorthand reporting firms.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter B. Court Reporters Certification Advisory Board › Section 154.052. Advisory Board Member Training

Sec. 154.052.  ADVISORY BOARD MEMBER TRAINING.  (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.
(b)  The training program must provide the person with information regarding:
(1)  this chapter;
(2)  the role and functions of the advisory board;
(3)  the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority; and
(4)  any applicable ethics policies adopted by the commission.
(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.
Added by Acts 2003, 78th Leg., ch. 813, Sec. 6, eff. Sept. 1, 2003.
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.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.1011. Apprentice Court Reporter and Provisional Court Reporter Certifications

Sec. 154.1011.  APPRENTICE COURT REPORTER AND PROVISIONAL COURT REPORTER CERTIFICATIONS.  (a)  Subject to Section 152.101, the commission by rule may provide for:
(1)  the certification of an apprentice court reporter who may engage in court reporting only:
(A)  under the direct supervision of a certified court reporter; and
(B)  for the types of legal proceedings authorized by commission rule; and
(2)  the provisional certification of a court reporter, including a court reporter described by Section 154.1012(f), that allows a person to engage in court reporting only in accordance with the terms and for the period expressly authorized by commission rule.
(b)  Rules adopted under Subsection (a) may allow for the issuance of a certification under Section 154.101 to:
(1)  a certified apprentice court reporter who satisfactorily completes the apprenticeship and passes Part A of the examination required by Section 154.103; or
(2)  a court reporter who holds a provisional certification on the reporter's completion of the terms of the commission's conditional approval.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.09(a), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.1012. Reciprocity

Sec. 154.1012.  RECIPROCITY.  (a)  The commission may waive any prerequisite to obtaining a court reporter certification for an applicant after reviewing the applicant's credentials and determining the applicant holds a certification or license issued by another jurisdiction that has certification or licensing requirements substantially equivalent to those of this state.
(b)  The commission shall develop and periodically update on a schedule established by the commission a list of states that have certification or licensing requirements for court reporters substantially equivalent to those of this state.
(c)  The commission shall certify to the supreme court the name of each qualified applicant who:
(1)  holds a certification or license to engage in court reporting issued by another state that, as determined by the commission:
(A)  has certification or licensing requirements to engage in court reporting that are substantially equivalent to the requirements of this state for a court reporter governed by this chapter and Chapter 52; or
(B)  is included on the list developed by the commission under Subsection (b); and
(2)  before certification in this state:
(A)  passes Part B of the examination required by Section 154.103; and
(B)  provides proof acceptable to the commission that the applicant has been actively performing court reporting in another jurisdiction for at least three of the preceding five years.
(d)  A reciprocity agreement approved by the supreme court under Section 152.202(b) must require an applicant who holds a certification or license to engage in court reporting issued by another state and who applies for certification as a court reporter in this state to:
(1)  pass Part B of the examination required by Section 154.103;
(2)  provide proof acceptable to the commission that the applicant has been actively performing court reporting in another jurisdiction for at least three of the preceding five years; and
(3)  hold a certification or license that the commission determines is at least equivalent to the registered professional reporter designation or similar designation.
(e)  A person who applies for certification as a court reporter in this state and meets the requirements under Subsection (c) is not required to meet the requirement under Subsection (d)(3).
(f)  Subject to Section 152.101, the commission may adopt rules requiring the issuance of a provisional certification under Section 154.1011 to an applicant described by Subsection (c) or (d) that authorizes the applicant to serve as a court reporter in this state for a limited time and under conditions the commission considers reasonably necessary to protect the public interest.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.09(a), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.102. Application for Examination

Sec. 154.102.  APPLICATION FOR EXAMINATION.  If applicable, 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.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
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.
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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.10, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.103. Examination

Sec. 154.103.  EXAMINATION.  (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.
(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:
(1)  each wrong word;
(2)  each omitted word;
(3)  each word added by the applicant that was not dictated;
(4)  each contraction interpreted by the applicant as two words;
(5)  two words interpreted by the applicant as a contraction;
(6)  each misplaced word;
(7)  each misplaced period that materially alters the sense of a group of words or a sentence;
(8)  each misspelled word;
(9)  the use of the plural or singular if the opposite was dictated; and
(10)  each wrong number.
(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.
(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.
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.
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.
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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.104. Certification to Supreme Court

Sec. 154.104.  CERTIFICATION TO SUPREME COURT.  (a)  The commission shall certify to the supreme court the name of each qualified applicant for certification under Section 154.101 who has passed the examination.
(b)  The commission shall certify to the supreme court the name of each applicant who meets the qualifications for certification as:
(1)  an apprentice court reporter; or
(2)  a provisional court reporter.
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.
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.
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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.11, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.105. Title; Oaths

Sec. 154.105.  TITLE; OATHS.  (a)  On certification under Section 154.101 or as a provisional court reporter, a shorthand reporter may use the title "Certified Shorthand Reporter" or the abbreviation "CSR."
(b)  A certified shorthand reporter may administer oaths to witnesses without being at the same location as the witness.
(c)  The identity of a witness who is not in the physical presence of a certified shorthand reporter may be proven by:
(1)  a statement under oath on the record by a party to the case stating that the party has actual knowledge of the witness's identity;
(2)  a statement on the record by an attorney for a party to the case, or an attorney for the witness, verifying the witness's identity;
(3)  a statement on the record by a notary who is in the presence of the witness verifying the witness's identity; or
(4)  the witness's presentation for inspection by the court reporter of an official document issued by this state, another state, a federal agency, or another jurisdiction that verifies the witness's identity.
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 9.010, eff. September 1, 2023.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
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.
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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.12, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 17.07, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 9.007, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 9.010, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.106. Firm Registration

Sec. 154.106.  FIRM REGISTRATION.  (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.
(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.
Added by Acts 2001, 77th Leg., ch. 29, Sec. 10, eff. Sept. 1, 2001.
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.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 19, eff. September 1, 2017.