Sec. 901.003. PRACTICE OF PUBLIC ACCOUNTANCY. (a) In this chapter, "practice of public accountancy" means:
(1) the performance for a client by a person who is certified, licensed, or registered under this chapter of a service that involves the use of accounting, attesting, or auditing skills;
(2) the performance or offer of performance for a client or potential client by a person who represents to the public that the person is certified, licensed, or registered under this chapter of a service that involves the use of accounting, attesting, or auditing skills;
(3) the performance of activities of a person or practice unit licensed under this chapter in:
(A) preparing or reporting on a financial statement or report that is to be used by an investor, the management of an organization, a third party, or a financial institution, unless the report is prepared for internal use only; or
(B) preparing a tax return that is filed with a taxing authority; or
(4) the supervision of an activity described by Subdivision (3).
(b) For purposes of this section, a service that involves the use of accounting, attesting, or auditing skills includes:
(1) issuing a report on or preparing a financial statement;
(2) providing management or financial advisory or consulting services; and
(3) preparing a tax return or advising or consulting on a tax matter.
(c) For purposes of this section, a person represents to the public that the person is certified, licensed, or registered under this chapter if the person makes an oral or written representation that the person is certified, licensed, or registered. A written representation includes a representation communicated by office sign, business card, letterhead, or advertisement. A representation does not include:
(1) the display of an original certificate or registration unless a license is also displayed;
(2) a representation made by a faculty member of an educational institution solely in connection with the duties of the person as a faculty member; or
(3) a representation in a book, article, or other publication, or a representation made in connection with the promotion of the publication, unless the representation includes an offer to perform a service or to sell a product other than the publication.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1497, Sec. 3, eff. Sept. 1, 2001.
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