By F. Brown                                            H.B. No. 326
         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 education requirements of the Auctioneers Act.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 3, 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. 3.  LICENSE REQUIREMENTS.  (a)  Except as exempted under
 1-8     this Act, no person may act as an auctioneer or associate
 1-9     auctioneer in an auction held within this state unless he holds a
1-10     license issued by the commissioner under this Act.
1-11           (b)  A person is eligible for an auctioneer's license if he:
1-12                 (1)  is at least 18 years of age[.] and must have
1-13     obtained a high school diploma or equivalency certificate;
1-14                 (2)  is a citizen of the United States or a legal
1-15     alien;
1-16                 (3)  has not been convicted of a felony involving moral
1-17     turpitude during the five years preceding the date of application;
1-18                 (4)  has completed not less than 80 hours of classroom
1-19     instruction at an auction school having a curriculum approved by
1-20     the department;
1-21                 (5)  either (i) passes a written or oral examination
 2-1     demonstrating his knowledge of the auction business and the laws of
 2-2     this state pertaining to the auction business; or (ii) shows proof
 2-3     of his employment by a licensed auctioneer for a period of [one
 2-4     year] two years during which the applicant has participated in at
 2-5     least [five auctions] ten auctions.
 2-6           SECTION 2.  (A)  Except as provided by Subsection (b), this
 2-7     Act takes effect September 1, 1999.
 2-8           SECTION 3.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.