86R4944 SOS-D
By: Shaheen H.B. No. 910
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the regulation of auctioneers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 18.19(c), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(c) If there is no prosecution or conviction for an offense
involving the weapon seized, the magistrate to whom the seizure was
reported shall, before the 61st day after the date the magistrate
determines that there will be no prosecution or conviction, notify
in writing the person found in possession of the weapon that the
person is entitled to the weapon upon written request to the
magistrate. The magistrate shall order the weapon returned to the
person found in possession before the 61st day after the date the
magistrate receives a request from the person. If the weapon is not
requested before the 61st day after the date of notification, the
magistrate shall, before the 121st day after the date of
notification, order the weapon destroyed, sold at public sale by
the law enforcement agency holding the weapon or by an auctioneer
[licensed under Chapter 1802, Occupations Code], or forfeited to
the state for use by the law enforcement agency holding the weapon
or by a county forensic laboratory designated by the magistrate. If
the magistrate does not order the return, destruction, sale, or
forfeiture of the weapon within the applicable period prescribed by
this subsection, the law enforcement agency holding the weapon may
request an order of destruction, sale, or forfeiture of the weapon
from the magistrate. Only a firearms dealer licensed under 18
U.S.C. Section 923 may purchase a weapon at public sale under this
subsection. Proceeds from the sale of a seized weapon under this
subsection shall be transferred, after the deduction of court costs
to which a district court clerk is entitled under Article 59.05(f),
followed by the deduction of auction costs, to the law enforcement
agency holding the weapon.
(d) A person either convicted or receiving deferred
adjudication under Chapter 46, Penal Code, is entitled to the
weapon seized upon request to the court in which the person was
convicted or placed on deferred adjudication. However, the court
entering the judgment shall order the weapon destroyed, sold at
public sale by the law enforcement agency holding the weapon or by
an auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeited to the state for use by the law enforcement agency holding
the weapon or by a county forensic laboratory designated by the
court if:
(1) the person does not request the weapon before the
61st day after the date of the judgment of conviction or the order
placing the person on deferred adjudication;
(2) the person has been previously convicted under
Chapter 46, Penal Code;
(3) the weapon is one defined as a prohibited weapon
under Chapter 46, Penal Code;
(4) the offense for which the person is convicted or
receives deferred adjudication was committed in or on the premises
of a playground, school, video arcade facility, or youth center, as
those terms are defined by Section 481.134, Health and Safety Code;
or
(5) the court determines based on the prior criminal
history of the defendant or based on the circumstances surrounding
the commission of the offense that possession of the seized weapon
would pose a threat to the community or one or more individuals.
(e) If the person found in possession of a weapon is
convicted of an offense involving the use of the weapon, before the
61st day after the date of conviction the court entering judgment of
conviction shall order destruction of the weapon, sale at public
sale by the law enforcement agency holding the weapon or by an
auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeiture to the state for use by the law enforcement agency
holding the weapon or by a county forensic laboratory designated by
the court. If the court entering judgment of conviction does not
order the destruction, sale, or forfeiture of the weapon within the
period prescribed by this subsection, the law enforcement agency
holding the weapon may request an order of destruction, sale, or
forfeiture of the weapon from a magistrate. Only a firearms dealer
licensed under 18 U.S.C. Section 923 may purchase a weapon at public
sale under this subsection. Proceeds from the sale of a seized
weapon under this subsection shall be transferred, after the
deduction of court costs to which a district court clerk is entitled
under Article 59.05(f), followed by the deduction of auction costs,
to the law enforcement agency holding the weapon.
SECTION 2. Section 263.153(c), Local Government Code, is
amended to read as follows:
(c) A county that contracts with an auctioneer [licensed
under Chapter 1802, Occupations Code,] who uses an Internet auction
site offering online bidding through the Internet to sell surplus
or salvage property under this subchapter having an estimated value
of not more than $500 shall satisfy the notice requirement under
this section by posting the property on the site for at least 10
days unless the property is sold before the 10th day.
SECTION 3. Section 1101.005, Occupations Code, is amended
to read as follows:
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an attorney licensed in this state;
(2) an attorney-in-fact authorized under a power of
attorney to conduct not more than three real estate transactions
annually;
(3) a public official while engaged in official
duties;
(4) an auctioneer [licensed under Chapter 1802] while
conducting the sale of real estate by auction if the auctioneer does
not perform another act of a broker;
(5) a person conducting a real estate transaction
under a court order or the authority of a will or written trust
instrument;
(6) a person employed by an owner in the sale of
structures and land on which structures are located if the
structures are erected by the owner in the course of the owner's
business;
(7) an on-site manager of an apartment complex;
(8) an owner or the owner's employee who leases the
owner's improved or unimproved real estate; or
(9) a transaction involving:
(A) the sale, lease, or transfer of a mineral or
mining interest in real property;
(B) the sale, lease, or transfer of a cemetery
lot;
(C) the lease or management of a hotel or motel;
or
(D) the sale of real property under a power of
sale conferred by a deed of trust or other contract lien.
SECTION 4. Chapter 1802, Occupations Code, is repealed.
SECTION 5. (a) The changes in law made by this Act do not
affect the validity of a proceeding pending before a court or other
governmental entity on the effective date of this Act.
(b) An offense or other violation of law committed before
the effective date of this Act is governed by the law in effect when
the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this
subsection, an offense or violation was committed before the
effective date of this Act if any element of the offense or
violation occurred before that date.
SECTION 6. On the effective date of this Act:
(1) the Auctioneer Advisory Board is abolished;
(2) money in the auctioneer education and recovery
fund is transferred to the general revenue fund; and
(3) a license issued under former Chapter 1802,
Occupations Code, expires.
SECTION 7. This Act takes effect September 1, 2019.