78R1103 YDB-F

By:  Brown of Brazos                                              H.B. No. 135



A BILL TO BE ENTITLED

AN ACT

relating to eligibility for 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.  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 involving moral 
turpitude 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.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to an application for an auctioneer's license that is 
filed on or after that date.  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.