BILL ANALYSIS

 

 

Senate Research Center

H.B. 2519

82R11900  MAW-F

By: Kuempel (Watson)

 

Transportation & Homeland Security

 

5/6/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, an individual licensed as an auctioneer by the State of Texas may act as an auctioneer only for an auction company that is owned or operated by a person holding an auctioneer's license.  This restriction prohibits a vehicle dealer with inventory to be liquidated from having a licensed auctioneer conduct an auction of those vehicles.

 

H.B. 2519 addresses this situation by authorizing a licensed auctioneer to act as an auctioneer for a licensed vehicle dealer, under certain conditions.

 

H.B. 2519 amends current law relating to the regulation of certain motor vehicle auctions.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 1802.051(c), Occupations Code, as follows:

 

(c) Prohibits a person who is licensed under this chapter from acting as an auctioneer for an entity unless the entity is an auction company owned or operated by a person who is licensed under this chapter; or the entity holds a dealer distinguishing number issued under Subchapter B (General Distinguishing Number), Chapter 503 (Dealer's and Manufacturer's Vehicle License Plates), Transportation Code, and the auction is for the purpose of auctioning vehicles as defined by Section 503.001 (Definitions), Transportation Code.  Deletes existing text prohibiting a person who is licensed under this chapter from acting as an auctioneer for an auction company unless the company is owned or operated by a person who is licensed under this chapter.

 

SECTION 2.  Effective date: September 1, 2011.