By: Carriker S.B. No. 1275
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of auctioneers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (d), Section 3, Chapter 320, Acts of
1-4 the 64th Legislature, 1975 (Article 8700, Vernon's Texas Civil
1-5 Statutes), is amended to read as follows:
1-6 (d) Each person applying for a license must apply to the
1-7 commissioner on a form provided by the commissioner that
1-8 establishes the applicant's eligibility for the license. The
1-9 application must be accompanied by any required recovery fund fee
1-10 <the required bond>, the required license fee, and either the
1-11 limited sales tax permit number issued by the comptroller of public
1-12 accounts or proof of exemption from the limited sales tax permit
1-13 requirement.
1-14 SECTION 2. Subsection (c), Section 5A, Chapter 320, Acts of
1-15 the 64th Legislature, 1975 (Article 8700, Vernon's Texas Civil
1-16 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 lesser <greater> of $50, or a pro
1-21 rata share of the amount necessary to bring the fund to $300,000.
1-22 SECTION 3. Subsections (a) and (f), Section 7, Chapter 320,
1-23 Acts of the 64th Legislature, 1975 (Article 8700, Vernon's Texas
2-1 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 defined by rule of the commissioner, any money
2-13 belonging to others that comes into his possession and for
2-14 commingling funds of others with his own or failing to keep such
2-15 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 appeal the commissioner's determination in the manner
3-1 provided for contested cases under the Administrative Procedure and
3-2 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
3-3 Statutes) <has 30 days in which to appeal the commissioner's
3-4 decision to the district court of Travis County or of the county in
3-5 which the violation is alleged to have occurred>.
3-6 SECTION 4. This Act takes effect September 1, 1993.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.