Texas 2015 - 84th Regular

Texas House Bill HB3702 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Johnson H.B. No. 3702
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the licensing and regulation of Auctioneers.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 1802.001, Occupations Code, is amended
9	9	to read as follows:
10	10	Sec. 1802.001. DEFINITIONS. In this chapter:
11	11	(1) "Advisory board" means the Auctioneer [Education]
12	12	Advisory Board.
13	13	(3) "Auction" means the sale of property by
14	14	competitive bid using any method, format, or venue.
15	15	(4) "Auction company" means a person who engages in
16	16	the business of arranging, managing, sponsoring, advertising, or
17	17	conducting auctions.
18	18	(5) "Auctioneer" means any individual [person] who:
19	19	(A) sells or offers to sell property of another
20	20	person by live bid at auction, with or without receiving
21	21	consideration[; or
22	22	(B) solicits, negotiates, or executes an auction
23	23	listing contract].
24	24	(6) "Commission" means the Texas Commission of
25	25	Licensing and Regulation.
26	26	(8) "Department" means the Texas Department of
27	27	Licensing and Regulation.
28	28	(8-a) "Executive director" means the executive
29	29	director of the department.
30	30	(9) "Fund" means the auctioneer education and recovery
31	31	fund.
32	32	(10) "Personal property" means any property other than
33	33	real property[, including all tangible and intangible types of
34	34	property].
35	35	(11) "Real property" means land, including
36	36	improvements, fixtures, and other property appurtenant to or used
37	37	in connection with the land, and any other estate, interest, or
38	38	legal or equitable right in the land, improvement, fixture, or
39	39	appurtenant property.
40	40	[(12) "Recurring basis" means more than once every 24
41	41	months.]
42	42	(13) "Sealed bid auction" means a sealed bidding
43	43	procedure that incorporates or allows for the competitive
44	44	increasing or decreasing of bids after the opening of sealed bids.
45	45	SECTION 2. Section 1802.002(a), Occupations Code, is
46	46	amended to read as follows:
47	47	Sec. 1802.002. APPLICABILITY. (a) This chapter does not
48	48	apply to:
49	49	(1) a sale conducted by order of a United States court
50	50	under Title 11, United States Code;
51	51	(2) a sale conducted by an employee of the United
52	52	States, this state, or a political subdivision of this state in the
53	53	course and scope of employment;
54	54	(3) a sale conducted by a charitable, religious, or
55	55	civic organization, including an organization having a tax exempt
56	56	status under Section 501(c), Internal Revenue Code of 1986, or
57	57	organized as a nonprofit entity, if the person organizing,
58	58	arranging, or conducting the auction receives no compensation;
59	59	[(4) a sale conducted by any person of the person's
60	60	property if the person is not engaged in the business of selling
61	61	property at auction on a recurring basis;]
62	62	(5) a foreclosure sale of real property personally
63	63	conducted by a trustee under a deed of trust;
64	64	(6) a foreclosure sale of personal property personally
65	65	conducted by:
66	66	(A) a person who holds a security interest in the
67	67	property, including a mortgage; or
68	68	(B) an employee or agent of a person described by
69	69	Paragraph (A) acting in the course and scope of employment, if:
70	70	(i) the employee or agent is not otherwise
71	71	engaged in the auction business; and
72	72	(ii) all property for sale in the auction is
73	73	subject to a security agreement;
74	74	(7) a sale conducted by sealed bid without the option
75	75	of increasing or decreasing the amount of a bid;
76	76	(8) an auction conducted only for student training
77	77	purposes as part of a course of study approved by the department;
78	78	(9) an auction conducted by a posted stockyard or
79	79	market agency as defined by the federal Packers and Stockyards Act
80	80	(7 U.S.C. Section 181 et seq.), as amended;
81	81	(10) an auction of livestock conducted by a nonprofit
82	82	livestock trade association chartered in this state, if the auction
83	83	involves only the sale of livestock owned by members of the trade
84	84	association;
85	85	(11) an auction conducted by a charitable or nonprofit
86	86	organization chartered in this state, if the auction:
87	87	(A) is part of a fair that is organized under
88	88	state, county, or municipal authority; and
89	89	(B) involves only the sale of property owned by
90	90	the organization's members; or
91	91	(12) a sale or auction conducted by an auctioneer,
92	92	while the auctioneer is physically located outside of this state.
93	93	SECTION 3. This Act takes effect on September 1, 2015.
94	94	SECTION 4. Not later than March 1, 2016, the Texas
95	95	Commission of Licensing and Regulation shall adopt rules to
96	96	implement the changes made by this Act.