HBA-EVB S.B. 1245 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1245 By: Brown Licensing & Administrative Procedures 4/27/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law requires prospective auctioneers to pass a license examination prepared by the commissioner of licensing and regulation. At present, there are no established minimum educational requirements for prospective auctioneers. In addition, there is no licensing bar for a person who has been finally convicted of a felony or misdemeanor involving moral turpitude. S.B. 1245 sets forth requirements for a person eligible to receive an auctioneer's license, including minimum education requirements, and the provision that such a person may not, in the five years preceding the date of the license application, have been finally convicted of a felony or a misdemeanor involving moral turpitude. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3(b), Article 8700, V.T.C.S., as follows: (b) Adds the following to the list of eligibility requirements for an auctioneer's license: has obtained a high school diploma or equivalency certificate; has not, in the five years preceding the date of the license application, been finally convicted of a felony or a misdemeanor involving moral turpitude; and has completed at least 80 hours of education in the field of auctioneering in a program approved by the Texas Department of Licensing and Regulation. Amends existing eligibility requirements by providing that a person is eligible for an auctioneer's license if the person either passes a written or oral examination demonstrating the person's knowledge of the auction business and of the laws of this state pertaining to the auction business; or shows proof of the person's employment by a licensed auctioneer for a period of two years, rather than one year, during which the applicant participated in at least 10, rather than five, auctions. Redesignates existing Subdivision (2) as Subdivision (3), and existing Subdivision (3) as Subsection (6). Makes conforming and nonsubstantive changes. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.