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AN ACT
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relating to the Judicial Branch Certification Commission; |
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authorizing the Supreme Court of Texas to adopt rules on |
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ineligibility to renew a certification, registration, or license |
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issued by the commission; specifying conditions for the imposition |
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of administrative sanctions by the commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.203, Government Code, is amended to |
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read as follows: |
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Sec. 152.203. RULES ON INELIGIBILITY. The supreme court |
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shall adopt rules on applicants' ineligibility for certification, |
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registration, or licensing or renewal of certification, |
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registration, or licensing under this subtitle based on the |
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person's criminal history or other information, including failure |
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to comply with commission orders or timely pay fees or |
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administration penalties, that indicates the person lacks the |
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honesty, trustworthiness, or integrity to hold the certification, |
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registration, or license. |
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SECTION 2. Section 153.004, Government Code, is amended to |
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read as follows: |
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Sec. 153.004. DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO |
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RENEW; REPRIMAND; PROBATION. (a) The commission may deny, revoke, |
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suspend, or refuse to renew a certification, registration, or |
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license or may reprimand a regulated person for a violation of this |
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subtitle, a law establishing a regulatory program administered by |
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the commission, a rule adopted under this subtitle, or an order |
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issued by the commission or director. |
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(b) The commission shall determine the severity of an |
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administrative sanction, including the length of the period of time |
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a revocation, suspension, refusal to renew a certification, |
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registration, or license, based upon: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the threat to health or safety caused by the |
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violation; |
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(3) any previous violations; |
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(4) the administrative sanction necessary to deter a |
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future violation; |
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(5) whether the violator demonstrated good faith, |
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including when applicable whether the violator made good faith |
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efforts to correct the violation; and |
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(6) any other matter that justice may require. |
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(c) [(b)] The commission may place on probation a person |
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whose certification, registration, or license is suspended. If a |
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certification, registration, or license suspension is probated, |
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the commission may require the person to: |
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(1) report regularly to the commission on matters that |
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are the basis of the probation; |
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(2) limit practice to the areas prescribed by the |
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commission; or |
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(3) continue or review professional education until the |
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person attains a degree of skill satisfactory to the commission in |
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those areas that are the basis for the probation. |
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(d) [(c)] On the commission's motion, or on the |
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recommendation of commission staff, the commission may conduct a |
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hearing to inquire into a suspension. If the commission determines |
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that a person has not corrected the deficiencies that were the |
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grounds of the suspension or has not complied with the conditions |
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imposed by the commission, the commission may revoke or take other |
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disciplinary action against the person's certification, |
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registration, or license. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2106 passed the Senate on |
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April 27, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2106 passed the House on |
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May 19, 2023, by the following vote: Yeas 126, Nays 17, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |