Texas 2015 - 84th Regular

Texas Senate Bill SB1443 Compare Versions

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

Old	New	Differences
1	1	84R8583 EES-F
2	2	By: Eltife S.B. No. 1443
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of auctioneers and
8	8	associate auctioneers; amending provisions subject to a criminal
9	9	penalty; requiring an occupational license.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1802.001, Occupations Code, is amended
12	12	by amending Subdivisions (1), (5), and (10) and adding Subdivision
13	13	(2) to read as follows:
14	14	(1) "Advisory board" means the Auctioneer [Education]
15	15	Advisory Board.
16	16	(2) "Associate auctioneer" means an individual who,
17	17	for compensation, is employed by and under the direct supervision
18	18	of a licensed auctioneer to sell or offer to sell property at an
19	19	auction.
20	20	(5) "Auctioneer" means any individual [person] who[:
21	21	[(A)] sells or offers to sell property of another
22	22	person by live bid at auction, with or without receiving
23	23	consideration[; or
24	24	[(B) solicits, negotiates, or executes an
25	25	auction listing contract].
26	26	(10) "Personal property" means any property other than
27	27	real property[, including all tangible and intangible types of
28	28	property].
29	29	SECTION 2. Section 1802.002(a), Occupations Code, is
30	30	amended to read as follows:
31	31	(a) This chapter does not apply to:
32	32	(1) a sale conducted by order of a United States court
33	33	under Title 11, United States Code;
34	34	(2) a sale conducted by an employee of the United
35	35	States, this state, or a political subdivision of this state in the
36	36	course and scope of employment;
37	37	(3) a sale conducted by a charitable, religious, or
38	38	civic organization, including an organization having a tax exempt
39	39	status under Section 501(c), Internal Revenue Code of 1986, or
40	40	organized as a nonprofit entity, if the person organizing,
41	41	arranging, or conducting the auction receives no compensation;
42	42	(4) [a sale conducted by any person of the person's
43	43	property if the person is not engaged in the business of selling
44	44	property at auction on a recurring basis;
45	45	[(5)] a foreclosure sale of real property personally
46	46	conducted by a trustee under a deed of trust;
47	47	(5) [(6)] a foreclosure sale of personal property
48	48	personally conducted by:
49	49	(A) a person who holds a security interest in the
50	50	property, including a mortgage; or
51	51	(B) an employee or agent of a person described by
52	52	Paragraph (A) acting in the course and scope of employment, if:
53	53	(i) the employee or agent is not otherwise
54	54	engaged in the auction business; and
55	55	(ii) all property for sale in the auction is
56	56	subject to a security agreement;
57	57	(6) [(7)] a sale conducted by sealed bid without the
58	58	option of increasing or decreasing the amount of a bid;
59	59	(7) [(8)] an auction conducted only for student
60	60	training purposes as part of a course of study approved by the
61	61	department;
62	62	(8) [(9)] an auction conducted by a posted stockyard
63	63	or market agency as defined by the federal Packers and Stockyards
64	64	Act (7 U.S.C. Section 181 et seq.), as amended;
65	65	(9) [(10)] an auction of livestock conducted by a
66	66	nonprofit livestock trade association chartered in this state, if
67	67	the auction involves only the sale of livestock owned by members of
68	68	the trade association;
69	69	(10) [(11)] an auction conducted by a charitable or
70	70	nonprofit organization chartered in this state, if the auction:
71	71	(A) is part of a fair that is organized under
72	72	state, county, or municipal authority; and
73	73	(B) involves only the sale of property owned by
74	74	the organization's members; [or]
75	75	(11) [(12)] a sale or auction conducted by an
76	76	auctioneer while the auctioneer is physically located outside of
77	77	this state;
78	78	(12) a sale of motor vehicles at auction by a person
79	79	licensed under Chapter 2301 or 2302;
80	80	(13) a sale of motor vehicles at auction by a person
81	81	who holds a wholesale motor vehicle auction general distinguishing
82	82	number or an independent motor vehicle general distinguishing
83	83	number issued by the Texas Department of Motor Vehicles; or
84	84	(14) an auction of property through the Internet.
85	85	SECTION 3. Section 1802.051, Occupations Code, is amended
86	86	to read as follows:
87	87	Sec. 1802.051. LICENSE REQUIRED. (a) A person may not act
88	88	as an auctioneer or associate auctioneer [of real or personal
89	89	property] in this state unless the person holds a license issued by
90	90	the executive director under this chapter.
91	91	(b) A person [An auctioneer] who advertises to conduct an
92	92	auction in this state shall provide the [auctioneer's] name and
93	93	license number of the auctioneer who will conduct the auction in the
94	94	advertisement.
95	95	(c) Except as provided by Subsection (d), an [An] individual
96	96	who is licensed under this chapter may not act as an auctioneer for
97	97	an entity unless the entity[:
98	98	[(1)] is an auction company owned or operated by an
99	99	individual who is licensed under this chapter[;
100	100	[(2) holds a dealer general distinguishing number
101	101	issued under Subchapter B, Chapter 503, Transportation Code, and
102	102	the auction is for the purpose of auctioning vehicles as defined by
103	103	Section 503.001, Transportation Code; or
104	104	[(3) is a real estate brokerage firm that is operated
105	105	by a broker licensed by the Texas Real Estate Commission].
106	106	(d) An individual who is licensed under this chapter may
107	107	only conduct an auction to sell motor vehicles, as defined by
108	108	Section 502.001, Transportation Code, if the license holder
109	109	conducts the auction for a person who holds a dealer general
110	110	distinguishing number issued under Subchapter B, Chapter 503,
111	111	Transportation Code.
112	112	SECTION 4. Section 1802.052(a), Occupations Code, is
113	113	amended to read as follows:
114	114	(a) An individual is eligible for an auctioneer's license if
115	115	the individual:
116	116	(1) is at least 18 years of age;
117	117	(2) is a citizen of the United States or a legal alien;
118	118	(3) either:
119	119	(A) passes a written or oral examination
120	120	demonstrating knowledge of the auction business and of the laws of
121	121	this state relating to the auction business; or
122	122	(B) shows proof of employment by a licensed
123	123	auctioneer for at least two years and participation in at least 10
124	124	auctions during that employment;
125	125	(4) holds a high school diploma or a high school
126	126	equivalency certificate;
127	127	(5) has not been convicted of a felony during the five
128	128	years preceding the date of application; and
129	129	(6) has completed at least 80 hours of classroom
130	130	instruction at an auction school with a curriculum approved by the
131	131	department in accordance with the standards and procedures
132	132	established by rule adopted under this chapter.
133	133	SECTION 5. Subchapter B, Chapter 1802, Occupations Code, is
134	134	amended by adding Section 1802.053 to read as follows:
135	135	Sec. 1802.053. ELIGIBILITY FOR ASSOCIATE AUCTIONEER
136	136	LICENSE. An individual is eligible for an associate auctioneer
137	137	license if the individual is:
138	138	(1) a citizen of the United States or a legal alien;
139	139	and
140	140	(2) employed under the direct supervision of an
141	141	auctioneer licensed under this chapter.
142	142	SECTION 6. Section 1802.054, Occupations Code, is amended
143	143	to read as follows:
144	144	Sec. 1802.054. APPLICATION FOR LICENSE. An applicant for a
145	145	license must apply to the executive director on a form provided by
146	146	the executive director that establishes the applicant's
147	147	eligibility for the license. The application must be accompanied
148	148	by:
149	149	(1) any fee required for the auctioneer education and
150	150	recovery fund authorized under Section 1802.153;
151	151	(2) the required application [license] fee; and
152	152	(3) either:
153	153	(A) the permit number of a sales tax permit
154	154	issued to the applicant by the comptroller under Subchapter F,
155	155	Chapter 151, Tax Code; or
156	156	(B) proof of exemption from the tax permit
157	157	requirement under Chapter 151, Tax Code.
158	158	SECTION 7. Section 1802.055, Occupations Code, is amended
159	159	to read as follows:
160	160	Sec. 1802.055. APPLICATION FOR EXAMINATION. [(a)] An
161	161	individual who establishes that the individual is eligible for an
162	162	auctioneer's license may apply to the executive director to take
163	163	the license examination. The application must be accompanied by
164	164	the application [examination] fee.
165	165	[(b) On receipt of an examination application and fee, the
166	166	executive director shall furnish the applicant with:
167	167	[(1) study materials and references on which the
168	168	examination will be based; and
169	169	[(2) a schedule specifying the dates and places the
170	170	examination will be offered.
171	171	[(c) The applicant may take the examination at any scheduled
172	172	offering not later than the 90th day after the date the applicant
173	173	receives the study materials.]
174	174	SECTION 8. Section 1802.059(b), Occupations Code, is
175	175	amended to read as follows:
176	176	(b) The executive director shall accept the applicant's
177	177	auctioneer's license submitted under Subsection (a)(2) as proof of
178	178	the applicant's professional competence and waive the examination
179	179	or employment and training requirements of Section 1802.052 if the
180	180	state or political subdivision that issued the nonresident a
181	181	license extends similar recognition and courtesies to this state.
182	182	SECTION 9. The heading to Subchapter C, Chapter 1802,
183	183	Occupations Code, is amended to read as follows:
184	184	SUBCHAPTER C. AUCTIONEER [EDUCATION] ADVISORY BOARD
185	185	SECTION 10. The heading to Section 1802.101, Occupations
186	186	Code, is amended to read as follows:
187	187	Sec. 1802.101. AUCTIONEER [EDUCATION] ADVISORY BOARD.
188	188	SECTION 11. Section 1802.106, Occupations Code, is amended
189	189	to read as follows:
190	190	Sec. 1802.106. COMPENSATION. A member appointed under
191	191	Section 1802.102(a)(1) may not receive[:
192	192	[(1)] compensation for serving on the advisory board[;
193	193	or
194	194	[(2) reimbursement for expenses].
195	195	SECTION 12. Section 1802.107, Occupations Code, is amended
196	196	to read as follows:
197	197	Sec. 1802.107. MEETINGS. [(a) The advisory board shall
198	198	meet at least quarterly each calendar year.
199	199	[(b)] The advisory board shall [may] meet [at other times]
200	200	at the call of the presiding officer of the commission or the
201	201	executive director.
202	202	SECTION 13. Section 1802.001(12), Occupations Code, is
203	203	repealed.
204	204	SECTION 14. Not later than March 1, 2016, the Texas
205	205	Commission of Licensing and Regulation shall adopt rules necessary
206	206	to implement the changes in law made by this Act.
207	207	SECTION 15. (a) Notwithstanding Chapter 1802, Occupations
208	208	Code, as amended by this Act, a person is not required to hold a
209	209	license issued under that chapter to act as an associate auctioneer
210	210	until March 1, 2016.
211	211	(b) An individual who was licensed by the Texas Department
212	212	of Licensing and Regulation as an associate auctioneer on or before
213	213	June 14, 2013, may apply the individual's work experience
214	214	participating in auctions as an associate auctioneer on or before
215	215	June 14, 2013, toward the individual's eligibility for an
216	216	auctioneer's license under Chapter 1802, Occupations Code.
217	217	SECTION 16. This Act takes effect September 1, 2015.