|
House Bill 3038 |
House Author: Anderson |
|
Effective: 6-14-13 |
Senate Sponsor: Carona |
House Bill 3038 amends the Occupations Code to make statutory provisions governing auctioneers applicable to a sealed bid auction and to exempt from such provisions a sale conducted by a sealed bid without the option of increasing or decreasing the amount of a bid and a sale or auction conducted outside of Texas. The bill updates a provision exempting from the statutory provisions governing auctioneers an auction conducted only for student training purposes to clarify that the exemption applies to such an auction that is conducted as part of a course of study for auctioneers approved by the Texas Department of Licensing and Regulation (TDLR), rather than by the executive director of TDLR.
House Bill 3038 adds a real estate brokerage firm operated by a broker licensed by the Texas Real Estate Commission to the entities for which a licensed auctioneer is authorized to act as an auctioneer.
House Bill 3038 removes a provision establishing as a condition of eligibility for an auctioneer's license that an individual show proof of employment by a licensed auctioneer for at least two years during which the applicant must have performed the duties of an auctioneer in at least 10 auctions. The bill requires a license application to be accompanied by, among other items, any fee required for the auctioneer education and recovery fund, rather than the required bond.
House Bill 3038 expands the scope of the auctioneer education advisory board's required advice to the Texas Commission of Licensing and Regulation to include, in addition to educational matters, operational matters and common practices within the auction industry and revises provisions relating to the composition of the advisory board and board meetings.
House Bill 3038 increases from $300,000 to $350,000 the threshold amount below which license holders at the next license renewal are required to pay an additional fee necessary to obtain such a balance in the auctioneer education and recovery fund and increases from $250,000 to $300,000 the threshold amount above which the executive director is authorized to use the excess amount in the fund for certain education expenditures.
House Bill 3038 increases from $10,000 to $15,000 the limit on a payment to a single party aggrieved by the actions of an auctioneer in an auction; increases from $20,000 to $30,000 the limit on the total payment of all claims by more than one aggrieved party arising from one auction at one location, regardless of the length of the auction; and increases from $20,000 to $30,000 the limit on the total payment of claims against a single auctioneer.
House Bill 3038 authorizes the executive director of TDLR, in addition to the Texas Commission of Licensing and Regulation, to deny an application for a license or suspend or revoke the license for any auctioneer under certain conditions. The bill repeals provisions relating to an associate auctioneer's license, provisions relating to an exemption from licensure for certain auction company employees, and provisions relating to an authorization for the removal of an advisory board member by a board vote.