SRC-DPW S.B. 1245 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1245
By: Brown
State Affairs
3/24/1999
As Filed


DIGEST 

Currently, Texas law requires prospective auctioneers to pass a test that
covers the Texas Auctioneers License Act and the Texas Department of
Licensing and Regulation Rules regarding auctioneers.  There are more than
100 state and federal rules and regulations covering items that auctioneers
sell on a regular basis.  Several thousands of dollars have been collected
from auctioneers for failing to adhere to the law regarding auctioneers.
Also, auctioneers may have control of a client's lifetime savings through
business or personal assets, and are not required to have the education to
keep abreast of changing laws and rules to prevent legal problems and
protect consumers.  This bill would require a prospective auctioneer to
meet certain education and background requirements to be considered
eligible to receive an auctioneer's license. 

PURPOSE

As proposed, S.B. 1245 sets forth requirements for eligibility to receive
an auctioneer's license. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3(b), Article 8700, V.T.C.S., to provide that a
person who has obtained a high school diploma or equivalency certificate,
has not been convicted of a felony or certain misdemeanors in five years
prior to the date of the license application, has completed at least 80
hours of education in the field of auctioneering in a certain program, and
shows proof of employment by a licensed auctioneer for a period of two
years, rather than one, during which the applicant participated in at least
10, rather than five, auctions, is eligible for an auctioneer's license.
Makes conforming changes. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.