Texas Occupations Code 901.502 – Grounds for Disciplinary Action
Terms Used In Texas Occupations Code 901.502
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
The board may discipline a person under § 901.501 for:
(1) fraud or deceit in obtaining a certificate, firm license, or license under this chapter;
(2) fraud, dishonesty, or gross negligence in the performance of services as a license holder, including:
(A) knowingly participating in the preparation of a false or misleading financial statement or tax return; or
(B) failing to file the license holder’s own income tax return;
(3) the failure of a person who is certified or required to hold a firm license under this chapter to obtain a license not later than the third anniversary of the date on which the person was certified or required to obtain a firm license;
(4) the failure of a person who is licensed under this chapter to renew the license not later than the third anniversary of the date on which the person most recently obtained or renewed the license;
(5) a violation of Subchapter J;
(6) a violation of a rule of professional conduct adopted by the board;
(7) a revocation or suspension of the certificate or firm license or a revocation, suspension, or refusal to renew the license of the person’s partner, member, or shareholder;
(8) a revocation, cancellation, placement on probation, limitation on the scope of practice, or suspension by another state, or a refusal of renewal by another state, of the authority issued by that state to the person, or to the person’s partner, member, or shareholder, to engage in the practice of public accountancy for a reason other than the failure to pay the appropriate authorization fee;
(9) a revocation or suspension of, or a voluntary consent decree concerning, the right of the person, or of the person’s partner, member, or shareholder, to practice before a state or federal agency for a reason the board determines warrants its action;
(10) a final conviction of or the imposition of deferred adjudication for an offense under the laws of any state or the United States that:
(A) is a felony; or
(B) includes fraud or dishonesty as an element of the offense;
(11) conduct indicating lack of fitness to serve the public as a professional accountant; or
(12) a violation by a license holder or an owner of a certified public accountancy firm who is not a license holder of:
(A) this chapter;
(B) professional standards adopted by the board; or
(C) a rule or order adopted by the board.