73R6350 JMM-F
By Seidlits H.B. No. 2227
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of auctioneers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3(d), Chapter 320, Acts of the 64th
1-5 Legislature, Regular Session, 1975 (Article 8700, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (d) Each person applying for a license must apply to the
1-8 commissioner on a form provided by the commissioner that
1-9 establishes the applicant's eligibility for the license. The
1-10 application must be accompanied by the required recovery fund fee
1-11 <bond>, the required license fee, and either the limited sales tax
1-12 permit number issued by the comptroller of public accounts or proof
1-13 of exemption from the limited sales tax permit requirement.
1-14 SECTION 2. Section 5A(c), Chapter 320, Acts of the 64th
1-15 Legislature, Regular Session, 1975 (Article 8700, Vernon's Texas
1-16 Civil Statutes), is amended to read as follows:
1-17 (c) If, as of December 31 of any year, the balance remaining
1-18 in the auctioneer education and recovery fund is less than
1-19 $300,000, each licensee shall pay at the next license renewal, in
1-20 addition to the renewal fee, <the greater of> $50<,> or a pro rata
1-21 share of the amount necessary to bring the fund to $300,000,
1-22 whichever amount is less.
1-23 SECTION 3. Sections 7(a) and (f), Chapter 320, Acts of the
1-24 64th Legislature, Regular Session, 1975 (Article 8700, Vernon's
2-1 Texas Civil Statutes), are amended to read as follows:
2-2 (a) The commissioner may deny, suspend, or revoke the
2-3 license of any auctioneer for any of the following causes:
2-4 (1) for obtaining a license through false or
2-5 fraudulent representation;
2-6 (2) for making any substantial misrepresentation in an
2-7 application for an auctioneer's license;
2-8 (3) for a continued and flagrant course of
2-9 misrepresentation or for making false promises through agents,
2-10 advertising, or otherwise;
2-11 (4) for failing to account for or remit, within a
2-12 reasonable time as determined by rules adopted by the commissioner,
2-13 any money belonging to others that comes into his possession and
2-14 for commingling funds of others with his own or failing to keep
2-15 such funds of others in an escrow or trustee account;
2-16 (5) for conviction in a court of competent
2-17 jurisdiction of this state or any other state of a criminal offense
2-18 involving moral turpitude or a felony;
2-19 (6) for violation of this Act or any rule or
2-20 regulation of the department; or
2-21 (7) for any violation of the Business & Commerce Code
2-22 in the conduct of an auction.
2-23 (f) If, after a hearing, the commissioner determines that a
2-24 license should be denied, revoked, or suspended, the applicant or
2-25 licensee may <has 30 days in which to> appeal the commissioner's
2-26 decision as provided by the Administrative Procedure and Texas
2-27 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
3-1 its subsequent amendments <to the district court of Travis County
3-2 or of the county in which the violation is alleged to have
3-3 occurred>.
3-4 SECTION 4. This Act takes effect September 1, 1993.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.