Texas 2025 - 89th Regular

Texas House Bill HB4397 Latest Draft

Bill / Introduced Version Filed 03/11/2025

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                            89R18036 TYPED
 By: Thompson H.B. No. 4397




 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation of an auctioneer's license for heavy
 equipment dealers.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sec. 1802.051, Occupations Code, is amended by
 adding subsection (e) to read as follows:
 LICENSE REQUIRED. (a) A person may not act as an auctioneer
 or associate auctioneer in this state unless the person holds a
 license issued by the department under this chapter.
 (b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 777 (H.B.
 2481), Sec. 15, eff. September 1, 2015.
 (c)  Except as provided by Subsection (d), an individual who
 is licensed under this chapter may not act as an auctioneer or
 associate auctioneer for an entity unless the entity:
 (1)  is an auction company owned or operated by an
 individual who is licensed under this chapter; or
 (2)  is a real estate brokerage firm that is operated by
 a broker licensed by the Texas Real Estate Commission.
 (d)  An individual who is licensed under this chapter may
 conduct an auction to sell motor vehicles, as defined by Section
 501.002 or 502.001, Transportation Code, for a person who holds:
 (1)  a dealer general distinguishing number or a
 wholesale motor vehicle auction general distinguishing number
 issued under Subchapter B, Chapter 503, Transportation Code; or
 (2)  a license issued under Subchapter C, Chapter 2302.
 (e)  Notwithstanding any other provision in this Chapter,
 the Department may issue an auctioneer's license to corporations
 pursuant to rules promulgated by the Commission.
 SECTION 2.  This Act takes effect September 1, 2025.