| 1 | 1 | | 89R18036 TYPED |
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| 2 | 2 | | By: Thompson H.B. No. 4397 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of an auctioneer's license for heavy |
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| 10 | 10 | | equipment dealers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sec. 1802.051, Occupations Code, is amended by |
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| 13 | 13 | | adding subsection (e) to read as follows: |
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| 14 | 14 | | LICENSE REQUIRED. (a) A person may not act as an auctioneer |
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| 15 | 15 | | or associate auctioneer in this state unless the person holds a |
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| 16 | 16 | | license issued by the department under this chapter. |
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| 17 | 17 | | (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. |
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| 18 | 18 | | 2481), Sec. 15, eff. September 1, 2015. |
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| 19 | 19 | | (c) Except as provided by Subsection (d), an individual who |
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| 20 | 20 | | is licensed under this chapter may not act as an auctioneer or |
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| 21 | 21 | | associate auctioneer for an entity unless the entity: |
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| 22 | 22 | | (1) is an auction company owned or operated by an |
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| 23 | 23 | | individual who is licensed under this chapter; or |
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| 24 | 24 | | (2) is a real estate brokerage firm that is operated by |
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| 25 | 25 | | a broker licensed by the Texas Real Estate Commission. |
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| 26 | 26 | | (d) An individual who is licensed under this chapter may |
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| 27 | 27 | | conduct an auction to sell motor vehicles, as defined by Section |
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| 28 | 28 | | 501.002 or 502.001, Transportation Code, for a person who holds: |
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| 29 | 29 | | (1) a dealer general distinguishing number or a |
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| 30 | 30 | | wholesale motor vehicle auction general distinguishing number |
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| 31 | 31 | | issued under Subchapter B, Chapter 503, Transportation Code; or |
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| 32 | 32 | | (2) a license issued under Subchapter C, Chapter 2302. |
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| 33 | 33 | | (e) Notwithstanding any other provision in this Chapter, |
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| 34 | 34 | | the Department may issue an auctioneer's license to corporations |
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| 35 | 35 | | pursuant to rules promulgated by the Commission. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2025. |
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