Texas 2019 - 86th Regular

Texas House Bill HB910 Compare Versions

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

Old	New	Differences
1	1	86R4944 SOS-D
2	2	By: Shaheen H.B. No. 910
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the regulation of auctioneers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Articles 18.19(c), (d), and (e), Code of
10	10	Criminal Procedure, are amended to read as follows:
11	11	(c) If there is no prosecution or conviction for an offense
12	12	involving the weapon seized, the magistrate to whom the seizure was
13	13	reported shall, before the 61st day after the date the magistrate
14	14	determines that there will be no prosecution or conviction, notify
15	15	in writing the person found in possession of the weapon that the
16	16	person is entitled to the weapon upon written request to the
17	17	magistrate. The magistrate shall order the weapon returned to the
18	18	person found in possession before the 61st day after the date the
19	19	magistrate receives a request from the person. If the weapon is not
20	20	requested before the 61st day after the date of notification, the
21	21	magistrate shall, before the 121st day after the date of
22	22	notification, order the weapon destroyed, sold at public sale by
23	23	the law enforcement agency holding the weapon or by an auctioneer
24	24	[licensed under Chapter 1802, Occupations Code], or forfeited to
25	25	the state for use by the law enforcement agency holding the weapon
26	26	or by a county forensic laboratory designated by the magistrate. If
27	27	the magistrate does not order the return, destruction, sale, or
28	28	forfeiture of the weapon within the applicable period prescribed by
29	29	this subsection, the law enforcement agency holding the weapon may
30	30	request an order of destruction, sale, or forfeiture of the weapon
31	31	from the magistrate. Only a firearms dealer licensed under 18
32	32	U.S.C. Section 923 may purchase a weapon at public sale under this
33	33	subsection. Proceeds from the sale of a seized weapon under this
34	34	subsection shall be transferred, after the deduction of court costs
35	35	to which a district court clerk is entitled under Article 59.05(f),
36	36	followed by the deduction of auction costs, to the law enforcement
37	37	agency holding the weapon.
38	38	(d) A person either convicted or receiving deferred
39	39	adjudication under Chapter 46, Penal Code, is entitled to the
40	40	weapon seized upon request to the court in which the person was
41	41	convicted or placed on deferred adjudication. However, the court
42	42	entering the judgment shall order the weapon destroyed, sold at
43	43	public sale by the law enforcement agency holding the weapon or by
44	44	an auctioneer [licensed under Chapter 1802, Occupations Code], or
45	45	forfeited to the state for use by the law enforcement agency holding
46	46	the weapon or by a county forensic laboratory designated by the
47	47	court if:
48	48	(1) the person does not request the weapon before the
49	49	61st day after the date of the judgment of conviction or the order
50	50	placing the person on deferred adjudication;
51	51	(2) the person has been previously convicted under
52	52	Chapter 46, Penal Code;
53	53	(3) the weapon is one defined as a prohibited weapon
54	54	under Chapter 46, Penal Code;
55	55	(4) the offense for which the person is convicted or
56	56	receives deferred adjudication was committed in or on the premises
57	57	of a playground, school, video arcade facility, or youth center, as
58	58	those terms are defined by Section 481.134, Health and Safety Code;
59	59	or
60	60	(5) the court determines based on the prior criminal
61	61	history of the defendant or based on the circumstances surrounding
62	62	the commission of the offense that possession of the seized weapon
63	63	would pose a threat to the community or one or more individuals.
64	64	(e) If the person found in possession of a weapon is
65	65	convicted of an offense involving the use of the weapon, before the
66	66	61st day after the date of conviction the court entering judgment of
67	67	conviction shall order destruction of the weapon, sale at public
68	68	sale by the law enforcement agency holding the weapon or by an
69	69	auctioneer [licensed under Chapter 1802, Occupations Code], or
70	70	forfeiture to the state for use by the law enforcement agency
71	71	holding the weapon or by a county forensic laboratory designated by
72	72	the court. If the court entering judgment of conviction does not
73	73	order the destruction, sale, or forfeiture of the weapon within the
74	74	period prescribed by this subsection, the law enforcement agency
75	75	holding the weapon may request an order of destruction, sale, or
76	76	forfeiture of the weapon from a magistrate. Only a firearms dealer
77	77	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
78	78	sale under this subsection. Proceeds from the sale of a seized
79	79	weapon under this subsection shall be transferred, after the
80	80	deduction of court costs to which a district court clerk is entitled
81	81	under Article 59.05(f), followed by the deduction of auction costs,
82	82	to the law enforcement agency holding the weapon.
83	83	SECTION 2. Section 263.153(c), Local Government Code, is
84	84	amended to read as follows:
85	85	(c) A county that contracts with an auctioneer [licensed
86	86	under Chapter 1802, Occupations Code,] who uses an Internet auction
87	87	site offering online bidding through the Internet to sell surplus
88	88	or salvage property under this subchapter having an estimated value
89	89	of not more than $500 shall satisfy the notice requirement under
90	90	this section by posting the property on the site for at least 10
91	91	days unless the property is sold before the 10th day.
92	92	SECTION 3. Section 1101.005, Occupations Code, is amended
93	93	to read as follows:
94	94	Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
95	95	does not apply to:
96	96	(1) an attorney licensed in this state;
97	97	(2) an attorney-in-fact authorized under a power of
98	98	attorney to conduct not more than three real estate transactions
99	99	annually;
100	100	(3) a public official while engaged in official
101	101	duties;
102	102	(4) an auctioneer [licensed under Chapter 1802] while
103	103	conducting the sale of real estate by auction if the auctioneer does
104	104	not perform another act of a broker;
105	105	(5) a person conducting a real estate transaction
106	106	under a court order or the authority of a will or written trust
107	107	instrument;
108	108	(6) a person employed by an owner in the sale of
109	109	structures and land on which structures are located if the
110	110	structures are erected by the owner in the course of the owner's
111	111	business;
112	112	(7) an on-site manager of an apartment complex;
113	113	(8) an owner or the owner's employee who leases the
114	114	owner's improved or unimproved real estate; or
115	115	(9) a transaction involving:
116	116	(A) the sale, lease, or transfer of a mineral or
117	117	mining interest in real property;
118	118	(B) the sale, lease, or transfer of a cemetery
119	119	lot;
120	120	(C) the lease or management of a hotel or motel;
121	121	or
122	122	(D) the sale of real property under a power of
123	123	sale conferred by a deed of trust or other contract lien.
124	124	SECTION 4. Chapter 1802, Occupations Code, is repealed.
125	125	SECTION 5. (a) The changes in law made by this Act do not
126	126	affect the validity of a proceeding pending before a court or other
127	127	governmental entity on the effective date of this Act.
128	128	(b) An offense or other violation of law committed before
129	129	the effective date of this Act is governed by the law in effect when
130	130	the offense or violation was committed, and the former law is
131	131	continued in effect for that purpose. For purposes of this
132	132	subsection, an offense or violation was committed before the
133	133	effective date of this Act if any element of the offense or
134	134	violation occurred before that date.
135	135	SECTION 6. On the effective date of this Act:
136	136	(1) the Auctioneer Advisory Board is abolished;
137	137	(2) money in the auctioneer education and recovery
138	138	fund is transferred to the general revenue fund; and
139	139	(3) a license issued under former Chapter 1802,
140	140	Occupations Code, expires.
141	141	SECTION 7. This Act takes effect September 1, 2019.