| 1 | 1 | | 84R11055 EES-D |
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| 2 | 2 | | By: Ashby, Clardy, King of Hemphill H.B. No. 2494 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the licensing and regulation of associate auctioneers; |
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| 8 | 8 | | amending provisions subject to a criminal penalty; requiring an |
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| 9 | 9 | | occupational license. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1802.001, Occupations Code, is amended |
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| 12 | 12 | | by adding Subdivision (2) to read as follows: |
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| 13 | 13 | | (2) "Associate auctioneer" means an individual who, |
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| 14 | 14 | | for compensation, is employed by and under the direct supervision |
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| 15 | 15 | | of a licensed auctioneer to sell or offer to sell property at an |
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| 16 | 16 | | auction. |
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| 17 | 17 | | SECTION 2. Section 1802.051(a), Occupations Code, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | (a) A person may not act as an auctioneer or associate |
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| 20 | 20 | | auctioneer of real or personal property in this state unless the |
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| 21 | 21 | | person holds a license issued by the executive director under this |
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| 22 | 22 | | chapter. |
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| 23 | 23 | | SECTION 3. Subchapter B, Chapter 1802, Occupations Code, is |
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| 24 | 24 | | amended by adding Section 1802.053 to read as follows: |
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| 25 | 25 | | Sec. 1802.053. ELIGIBILITY FOR ASSOCIATE AUCTIONEER |
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| 26 | 26 | | LICENSE. An individual is eligible for an associate auctioneer |
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| 27 | 27 | | license if the individual is: |
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| 28 | 28 | | (1) a citizen of the United States or a legal alien; |
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| 29 | 29 | | and |
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| 30 | 30 | | (2) employed under the direct supervision of an |
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| 31 | 31 | | auctioneer licensed under this chapter. |
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| 32 | 32 | | SECTION 4. Not later than March 1, 2016, the Texas |
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| 33 | 33 | | Commission of Licensing and Regulation shall adopt rules necessary |
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| 34 | 34 | | to implement the changes in law made by this Act. |
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| 35 | 35 | | SECTION 5. (a) Notwithstanding Chapter 1802, Occupations |
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| 36 | 36 | | Code, as amended by this Act, a person is not required to hold a |
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| 37 | 37 | | license under that chapter to act as an associate auctioneer until |
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| 38 | 38 | | March 1, 2016. |
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| 39 | 39 | | (b) An individual who was licensed by the Texas Department |
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| 40 | 40 | | of Licensing and Regulation as an associate auctioneer on or before |
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| 41 | 41 | | June 14, 2013, may apply the individual's work experience |
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| 42 | 42 | | participating in auctions as an associate auctioneer on or before |
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| 43 | 43 | | June 14, 2013, toward the individual's eligibility for an |
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| 44 | 44 | | auctioneer's license under Chapter 1802, Occupations Code. |
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| 45 | 45 | | SECTION 6. This Act takes effect September 1, 2015. |
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