By F. Brown                                            H.B. No. 324
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to penalties and funds collected for the Auctioneers Act.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 11, Chapter 320, Acts of the 64th
 1-5     Legislature Regular Session, 1975 (Article 8700, Vernon's Texas
 1-6     Civil Statutes), is amended to read as follows:
 1-7           Sec. 11.  PENALTIES.  (a)  Whoever acts as an auctioneer as
 1-8     defined in this Act without first obtaining a license commits a
 1-9     Class B misdemeanor.
1-10           (b)  Whoever violates any other provisions of this Act or any
1-11     rule or regulation promulgated by the commissioner in the
1-12     administration of this Act, for the violation of which no other
1-13     penalty is provided, commits a Class C misdemeanor.
1-14           (c)  The department shall have the authority to set penalties
1-15     and fines for violations of this Act on a penalty by rule basis.
1-16           Sec. 12.  DISPOSITION OF REVENUES.  (a)  All money collected
1-17     by the department, excluding funds for the Education and Recovery
1-18     Fund, shall be deposited to the credit of the auctioneers account
1-19     in the general fund and may be used only to administer this
1-20     chapter.
1-21           (b)  The Executive Director shall allocate no more than 20
 2-1     per cent of the money in the account in the general revenue fund to
 2-2     cover administrative costs of the department.
 2-3           SECTION 2.  (a)  Except as provided by Subsection (b), this
 2-4     Act takes effect September 1, 1999.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.