78R8273 YDB-D


By:  Brown of Brazos, Chavez, et al.                              H.B. No. 135



A BILL TO BE ENTITLED

AN ACT

relating to the requirements of an auctioneer's license.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1802.052, Occupations Code, is amended 
to read as follows:
	Sec. 1802.052.  ELIGIBILITY FOR AUCTIONEER'S LICENSE.  (a) 
An individual is eligible for an auctioneer's license if the 
individual:
		(1)  is at least 18 years of age;                                             
		(2)  is a citizen of the United States or a legal alien; 
[and]
		(3)  either:                                                                  
			(A)  passes a written or oral examination 
demonstrating knowledge of the auction business and of the laws of 
this state relating to the auction business; or
			(B)  shows proof of employment by a licensed 
auctioneer for at least two years [one year] during which the 
applicant participated in at least 10 [five] auctions;
		(4)  holds a high school diploma or a high school 
equivalency certificate;
		(5)  has not been convicted of a felony during the five 
years preceding the date of application; and
		(6)  has completed at least 80 hours of classroom 
instruction at an auction school with a curriculum approved by the 
department in accordance with the standards and procedures 
established by rule adopted under this chapter.
	(b)  The department, as provided by rule, may charge an 
auction school a reasonable fee for approving the curriculum as 
required under Subsection (a)(6).
	SECTION 2.  Subchapter B, Chapter 1802, Occupations Code, is 
amended by adding Section 1802.062 to read as follows:
	Sec. 1802.062.  LICENSE NOT REQUIRED FOR CERTAIN EMPLOYEES.  
An employee of an auction company who does not act as a bid caller at 
any auction in this state is not required to hold a license under 
this chapter.
	SECTION 3.  Not later than January 1, 2004, the executive 
director of the Texas Department of Licensing and Regulation shall 
adopt the rules required by Section 1802.052, Occupations Code, as 
amended by this Act.
	SECTION 4.  (a)  Except as provided by Subsection (b) of this 
section, the changes in law made by this Act to Section 1802.052, 
Occupations Code, apply only to an application for an auctioneer's 
license filed on or after the effective date of this Act.  An 
application for an auctioneer's license filed before the effective 
date of this Act is governed by the law in effect on the date the 
application was filed, and the former law is continued in effect for 
that purpose.
	(b)  An applicant for an auctioneer's license who files an 
application on or before January 1, 2004, is not required to have 
completed the 80 hours of classroom instruction required by Section 
1802.052(a)(6), Occupations Code, as added by this Act.
	SECTION 5.  This Act takes effect September 1, 2003.