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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