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.