1-1 By: Seidlits (Senate Sponsor - Carriker) H.B. No. 2227
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on Economic
1-4 Development; May 21, 1993, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Parker x
1-9 Lucio x
1-10 Ellis x
1-11 Haley x
1-12 Harris of Dallas x
1-13 Harris of Tarrant x
1-14 Leedom x
1-15 Madla x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of auctioneers.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 3(d), Chapter 320, Acts of the 64th
1-24 Legislature, Regular Session, 1975 (Article 8700, Vernon's Texas
1-25 Civil Statutes), is amended to read as follows:
1-26 (d) Each person applying for a license must apply to the
1-27 commissioner on a form provided by the commissioner that
1-28 establishes the applicant's eligibility for the license. The
1-29 application must be accompanied by the required recovery fund fee
1-30 <bond>, the required license fee, and either the limited sales tax
1-31 permit number issued by the comptroller of public accounts or proof
1-32 of exemption from the limited sales tax permit requirement.
1-33 SECTION 2. Section 5A(c), Chapter 320, Acts of the 64th
1-34 Legislature, Regular Session, 1975 (Article 8700, Vernon's Texas
1-35 Civil Statutes), is amended to read as follows:
1-36 (c) If, as of December 31 of any year, the balance remaining
1-37 in the auctioneer education and recovery fund is less than
1-38 $300,000, each licensee shall pay at the next license renewal, in
1-39 addition to the renewal fee, <the greater of> $50<,> or a pro rata
1-40 share of the amount necessary to bring the fund to $300,000,
1-41 whichever amount is less.
1-42 SECTION 3. Sections 7(a) and (f), Chapter 320, Acts of the
1-43 64th Legislature, Regular Session, 1975 (Article 8700, Vernon's
1-44 Texas Civil Statutes), are amended to read as follows:
1-45 (a) The commissioner may deny, suspend, or revoke the
1-46 license of any auctioneer for any of the following causes:
1-47 (1) for obtaining a license through false or
1-48 fraudulent representation;
1-49 (2) for making any substantial misrepresentation in an
1-50 application for an auctioneer's license;
1-51 (3) for a continued and flagrant course of
1-52 misrepresentation or for making false promises through agents,
1-53 advertising, or otherwise;
1-54 (4) for failing to account for or remit, within a
1-55 reasonable time as determined by rules adopted by the commissioner,
1-56 any money belonging to others that comes into his possession and
1-57 for commingling funds of others with his own or failing to keep
1-58 such funds of others in an escrow or trustee account;
1-59 (5) for conviction in a court of competent
1-60 jurisdiction of this state or any other state of a criminal offense
1-61 involving moral turpitude or a felony;
1-62 (6) for violation of this Act or any rule or
1-63 regulation of the department; or
1-64 (7) for any violation of the Business & Commerce Code
1-65 in the conduct of an auction.
1-66 (f) If, after a hearing, the commissioner determines that a
1-67 license should be denied, revoked, or suspended, the applicant or
1-68 licensee may <has 30 days in which to> appeal the commissioner's
2-1 decision as provided by the Administrative Procedure and Texas
2-2 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
2-3 its subsequent amendments <to the district court of Travis County
2-4 or of the county in which the violation is alleged to have
2-5 occurred>.
2-6 SECTION 4. This Act takes effect September 1, 1993.
2-7 SECTION 5. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
2-12 * * * * *
2-13 Austin,
2-14 Texas
2-15 May 21, 1993
2-16 Hon. Bob Bullock
2-17 President of the Senate
2-18 Sir:
2-19 We, your Committee on Economic Development to which was referred
2-20 H.B. No. 2227, have had the same under consideration, and I am
2-21 instructed to report it back to the Senate with the recommendation
2-22 that it do pass and be printed.
2-23 Parker,
2-24 Chairman
2-25 * * * * *
2-26 WITNESSES
2-27 FOR AGAINST ON
2-28 ___________________________________________________________________
2-29 Name: Geoff Wurzel x
2-30 Representing: Texas Auctioneers Association
2-31 City: Austin
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