By: Zaffirini  S.B. No. 2106          (In the Senate - Filed March 9, 2023; March 21, 2023, read   first time and referred to Committee on Jurisprudence;   April 24, 2023, reported favorably by the following vote:  Yeas 5,   Nays 0; April 24, 2023, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the Judicial Branch Certification Commission;   authorizing the Supreme Court of Texas to adopt rules on   ineligibility to renew a certification, registration, or license   issued by the commission; specifying conditions for the imposition   of administrative sanctions by the commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1. Section 152.203, Government Code, is amended to   read as follows:          Sec. 152.203. RULES ON INELIGIBILITY. The supreme court shall   adopt rules on applicants' ineligibility for certification,   registration, or licensing or renewal of certification,   registration, or licensing under this subtitle based on the   person's criminal history or other information, including failure   to comply with commission orders or timely pay fees or   administration penalties, that indicates the person lacks the   honesty, trustworthiness, or integrity to hold the certification,   registration, or license.          SECTION 2. Section 153.004, Government Code, is amended to   read as follows:          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) [(b)] 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) [(c)] 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.          SECTION 3.  This Act takes effect September 1, 2023.     * * * * *