Texas Register, Volume 43, Number 15, Pages 2205-2314, April 13, 2018 Page: 2,247
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(1) fraud or deceit in obtaining a certificate as a CPA or in
obtaining registration under the Act or in obtaining a license to practice
public accounting;
(2) dishonesty, fraud or gross negligence in the practice of
public accountancy;
(3) violation of any of the provisions of Subchapter J or
901.458 of the Act (relating to Loss of Independence) applicable to a
person certified or registered by the board;
(4) final conviction of a felony or imposition of deferred
adjudication or community supervision in connection with a criminal
prosecution of a felony under the laws of any state or the United States;
(5) final conviction of any crime or imposition of deferred
adjudication or community supervision in connection with a criminal
prosecution, an element of which is dishonesty or fraud under the laws
of any state or the United States, a criminal prosecution for a crime
of moral turpitude, a criminal prosecution involving alcohol abuse or
controlled substances, or a criminal prosecution for a crime involving
physical harm or the threat of physical harm;
(6) cancellation, revocation, suspension or refusal to renew
authority to practice as a CPA or a public accountant by any other state
for any cause other than failure to pay the appropriate registration fee
in such other state;
(7) suspension or revocation of or any consent decree con-
cerning the right to practice before any state or federal regulatory or
licensing body for a cause which in the opinion of the board warrants
its action;
(8) a [conviction or] final finding of [unethical] conduct by
state or federal courts of competent jurisdiction, agencies, [er] boards,
local governments or commissions for violations of state or federal
laws or rules or findings of unethical conduct [en ethics] by licensees
that engage in activities regulated by [these] entities including but not
limited to: the Public Company Accounting Oversight Board, Inter-
nal Revenue Service, U.S. Securities and Exchange Commission, U.S.
Department of Labor, U.S. General Accounting Office, U.S. Housing
and Urban Development, Texas State Auditor, Texas State Treasurer'
Texas Securities Board, Texas Department of Insurance, and the Texas
Secretary of State;
(9) knowingly participating in the preparation of a false or
misleading financial statement or tax return;
(10) fiscal dishonesty or breach of fiduciary responsibility
of any type;
(11) failure to comply with a final order of any state or fed-
eral court;
(12) repeated failure to respond to a client's inquiry within
a reasonable time without good cause;
(13) intentionally misrepresenting facts or making a mis-
leading or deceitful statement to a client, the board, board staff or any
person acting on behalf of the board;
(14) giving intentional false sworn testimony or perjury in
court or in connection with discovery in a court proceeding or in any
communication to the board or any other federal or state regulatory or
licensing body;
(15) threats of bodily harm or retribution to a client;
(16) public allegations of a lack of mental capacity of a
client which cannot be supported in fact;(17) voluntarily disclosing information communicated to
the person by an employer, past or present, or through the person's em-
ployment in connection with accounting services rendered to the em-
ployer, except:
(A) by permission of the employer;
(B) pursuant to the Government Code, Chapter 554
(commonly referred to as the "Whistle Blowers Act");
(C) pursuant to:
(i) a court order signed by a judge;
(ii) a summons under the provisions of:
(I) the Internal Revenue Code of 1986 and its
subsequent amendments;
(II) the Securities Act of 1933 (15 U.S.C. 77a
et seq.) and its subsequent amendments; or
(III) the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) and its subsequent amendments;
(iii) a congressional or grand jury subpoena; or
(iv) applicable federal laws, federal government
regulations, including requirements of the PCAOB;
(D) in an investigation or proceeding by the board;
(E) in an ethical investigation conducted by a profes-
sional organization of CPAs;
(F) in the course of a peer review under 901.159 of the
Act (relating to Peer Review); or
(G) any information that is required to be disclosed by
the professional standards for reporting on the examination of a finan-
cial statement.
(18) breaching the terms of an agreed consent order entered
by the board or violating any Board Order.
(19) Interpretive Comment: The board has found in 519.7
of this title (relating to Misdemeanors that Subject a Licensee or Cer-
tificate Holder to Discipline by the Board) and 525.1 of this title (re-
lating to Applications for the Uniform CPA Examination, Issuance of
the CPA Certificate, or a License) that any crime of moral turpitude di-
rectly relates to the practice of public accountancy. A crime of moral
turpitude is defined in this chapter as a crime involving grave infringe-
ment of the moral sentiment of the community. The board has found in
519.7 of this title that any crime involving alcohol abuse or controlled
substances directly relates to the practice of public accountancy.
(20) Interpretive comment: A conviction or final finding
of unethical conduct by a competent authority, for the purpose of para-
graph (8) of this subsection, includes any right to practice before the
authority or findings that limit the scope of the permit or license con-
veyed by the authority. Conviction relates to the finding in a criminal
proceeding and final finding relates to a determination in a non-crimi-
nal proceeding. Unethical conduct or activities are determined by the
governmental entity making the determination of a conviction or final
finding.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March 29, 2018.
TRD-201801363PROPOSED RULES April 13, 2018 43 TexReg 2247
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 43, Number 15, Pages 2205-2314, April 13, 2018, periodical, April 13, 2018; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1011002/m1/43/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.