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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 1802.001,
Occupations Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Sections 1802.002
and 1802.003, Occupations Code, are amended to read as follows:
Sec. 1802.002.
APPLICABILITY. (a) This chapter does not apply to:
(1) a sale conducted by
order of a United States court under Title 11, United States Code;
(2) a sale conducted by an
employee of the United States, this state, or a political subdivision of
this state in the course and scope of employment;
(3) a sale conducted by a
charitable, religious, or civic organization, including an organization
having a tax exempt status under Section 501(c), Internal Revenue Code of
1986, or organized as a nonprofit entity, if the person organizing,
arranging, or conducting the auction receives no compensation;
(4) a sale conducted by any
person [an individual] of the person's [individual's]
property if the person [individual] is not engaged in the
business of selling property at auction [as an auctioneer] on
a recurring basis;
(5) a foreclosure sale of
real property personally conducted by a trustee under a deed of trust;
(6) a foreclosure sale of
personal property personally conducted by:
(A) a person who holds a
security interest in the property, including a mortgage; or
(B) an employee or agent of
a person described by Paragraph (A) acting in the course and scope of
employment, if:
(i) the employee or agent is
not otherwise engaged in the auction business; and
(ii) all property for sale
in the auction is subject to a security agreement;
(7) a sale conducted by
sealed bid without the option of increasing or decreasing the amount of
a bid;
(8) an auction conducted
only for student training purposes as part of a course of study approved by
the department [executive director for auctioneers];
(9) an auction conducted by
a posted stockyard or market agency as defined by the federal Packers and
Stockyards Act (7 U.S.C. Section 181 et seq.), as amended;
(10) an auction of livestock
conducted by a nonprofit livestock trade association chartered in this
state, if the auction involves only the sale of livestock owned by members
of the trade association; or
(11) an auction conducted by
a charitable or nonprofit organization chartered in this state, if the
auction:
(A) is part of a fair that
is organized under state, county, or municipal authority; and
(B) involves only the sale
of property owned by the organization's members.
(b) This chapter applies
to a sealed bid auction.
Sec. 1802.003. PREEMPTION.
A political subdivision of this state may not levy on or collect from an
auctioneer [or associate auctioneer] a license tax or fee as a
regulatory or revenue measure or require the licensing of an auctioneer [or
associate auctioneer], if the auctioneer [or associate auctioneer]
holds a license under this chapter and is in compliance with this chapter.
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SECTION 2. Sections 1802.002
and 1802.003, Occupations Code, are amended to read as follows:
Sec. 1802.002. APPLICABILITY.
(a) This chapter does not apply to:
(1) a sale conducted by
order of a United States court under Title 11, United States Code;
(2) a sale conducted by an
employee of the United States, this state, or a political subdivision of
this state in the course and scope of employment;
(3) a sale conducted by a
charitable, religious, or civic organization, including an organization
having a tax exempt status under Section 501(c), Internal Revenue Code of
1986, or organized as a nonprofit entity, if the person organizing,
arranging, or conducting the auction receives no compensation;
(4) a sale conducted by any
person [an individual] of the person's [individual's]
property if the person [individual] is not engaged in the
business of selling property at auction [as an auctioneer] on
a recurring basis;
(5) a foreclosure sale of
real property personally conducted by a trustee under a deed of trust;
(6) a foreclosure sale of
personal property personally conducted by:
(A) a person who holds a
security interest in the property, including a mortgage; or
(B) an employee or agent of
a person described by Paragraph (A) acting in the course and scope of
employment, if:
(i) the employee or agent is
not otherwise engaged in the auction business; and
(ii) all property for sale
in the auction is subject to a security agreement;
(7) a sale conducted by
sealed bid without the option of increasing or decreasing the amount of
a bid;
(8) an auction conducted
only for student training purposes as part of a course of study approved by
the department [executive director for auctioneers];
(9) an auction conducted by
a posted stockyard or market agency as defined by the federal Packers and
Stockyards Act (7 U.S.C. Section 181 et seq.), as amended;
(10) an auction of livestock
conducted by a nonprofit livestock trade association chartered in this
state, if the auction involves only the sale of livestock owned by members
of the trade association; [or]
(11) an auction conducted by
a charitable or nonprofit organization chartered in this state, if the
auction:
(A) is part of a fair that
is organized under state, county, or municipal authority; and
(B) involves only the sale
of property owned by the organization's members; or
(12) a sale or auction conducted outside of this state.
(b) This chapter applies
to a sealed bid auction.
Sec. 1802.003. PREEMPTION.
A political subdivision of this state may not levy on or collect from an
auctioneer [or associate auctioneer] a license tax or fee as a
regulatory or revenue measure or require the licensing of an auctioneer [or
associate auctioneer], if the auctioneer [or associate auctioneer]
holds a license under this chapter and is in compliance with this chapter.
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SECTION 3. Sections
1802.051(a) and (c), Occupations Code, are amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Section
1802.052(a), Occupations Code, is amended to read as follows:
(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;
(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
during which the applicant performed the duties of an auctioneer [participated]
in at least 10 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.
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SECTION 4. Section
1802.052(a), Occupations Code, is amended to read as follows:
(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;
(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
during which the applicant participated in at least 10 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.
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SECTION 5. Section 1802.054,
Occupations Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 6. Section 1802.101,
Occupations Code, is amended to read as follows:
Sec. 1802.101. AUCTIONEER
EDUCATION ADVISORY BOARD. The advisory board shall advise the department
[commission] on educational matters, operational matters,
and common practices within the auction industry.
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SECTION 6. Section 1802.101,
Occupations Code, is amended to read as follows:
Sec. 1802.101. AUCTIONEER
EDUCATION ADVISORY BOARD. The advisory board shall advise the commission on educational matters,
operational matters, and common practices within the auction industry.
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SECTION 7. Sections
1802.102(a) and (b), Occupations Code, are amended to read as follows:
(a) The advisory board
consists of seven [six] members appointed as follows:
(1) four [three]
members who are licensed auctioneers appointed by the executive director [presiding officer of the commission],
with the commission's approval;
(2) the administrative
head, or the administrative head's designee, of any state agency or office
that is selected by the executive
director [of the Texas Economic Development and Tourism Office or
the director's designee]; and
(3) two public members.
(b) In appointing advisory
board members under Subsection (a)(1), the executive
director shall consider the geographical diversity of the members
[presiding officer of the commission
may not appoint members who reside in contiguous senatorial districts].
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SECTION 7. Sections
1802.102(a) and (b), Occupations Code, are amended to read as follows:
(a) The advisory board
consists of seven [six] members appointed as follows:
(1) four [three]
members who are licensed auctioneers appointed by the presiding officer of the commission, with
the commission's approval;
(2) the administrative
head, or the administrative head's designee, of any state agency or office
that is selected by the commission [executive director of the Texas
Economic Development and Tourism Office or the director's designee];
and
(3) two public members.
(b) In appointing advisory
board members under Subsection (a)(1), the presiding
officer of the commission shall consider the geographical
diversity of the members [may not appoint members who reside in
contiguous senatorial districts].
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SECTION 8. Section
1802.103(a), Occupations Code, is amended to read as follows:
(a) The members appointed
under Section 1802.102(a)(1) serve two-year terms that expire on September
1 and may not serve more than two consecutive terms. If a vacancy
occurs during the term of such a member, the executive director [presiding
officer of the commission], with the commission's approval,
shall appoint a replacement to serve for the remainder of the term.
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SECTION 8. Section
1802.103(a), Occupations Code, is amended to read as follows:
(a) The members appointed
under Section 1802.102(a)(1) serve two-year terms that expire on September
1 and may not serve more than two consecutive terms. If a vacancy
occurs during the term of such a member, the
presiding officer of the commission, with the commission's approval,
shall appoint a replacement to serve for the remainder of the term.
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SECTION 9. Section 1802.104,
Occupations Code, is amended to read as follows:
Sec. 1802.104. PRESIDING
OFFICER. The executive director [presiding officer of the commission],
with the commission's approval, shall appoint a member of the advisory
board to serve as presiding officer of the board. The presiding officer
serves for two years and may not serve more than two consecutive terms.
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SECTION 9. Section 1802.104,
Occupations Code, is amended to read as follows:
Sec. 1802.104. PRESIDING
OFFICER. The presiding officer of the
commission, with the commission's approval, shall appoint a member
of the advisory board to serve as presiding officer of the board. The
presiding officer serves for two years and may not serve more than two
consecutive terms.
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SECTION 10. Section
1802.107(b), Occupations Code, is amended to read as follows:
(b) The advisory board may
meet at other times at the call of the presiding officer of the advisory board or the executive
director.
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SECTION 10. Section
1802.107(b), Occupations Code, is amended to read as follows:
(b) The advisory board may
meet at other times at the call of the presiding officer of the commission or the executive director.
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SECTION 11. Section
1802.153(b), Occupations Code, is amended.
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SECTION 11. Same as
introduced version.
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SECTION 12. Section
1802.156, Occupations Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 13. Section
1802.206, Occupations Code, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 14. Section
1802.209(a), Occupations Code, is amended.
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SECTION 14. Same as
introduced version.
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SECTION 15. Section
1802.251, Occupations Code, is amended.
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SECTION 15. Same as
introduced version.
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SECTION 16. Section
1802.253(a), Occupations Code, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 17. Section
1802.303(a), Occupations Code, is amended to read as follows:
(a) An individual [A
person] commits an offense if the individual [person]
violates a provision of this chapter or a rule adopted by the commission
under this chapter for which a penalty is not provided.
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No
equivalent provision.
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SECTION 18. Sections
1802.001(2), 1802.053, 1802.062, 1802.105, and 1802.253(d), Occupations
Code, are repealed.
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SECTION 17. Same as
introduced version.
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SECTION 19. (a) The executive director of the Texas Department of
Licensing and Regulation shall appoint an additional member to the
auctioneer education advisory board as required by Section 1802.102,
Occupations Code, as amended by this Act, not later than September 1, 2013,
for a term expiring September 1, 2015.
(b) Section 1802.103,
Occupations Code, as amended by this Act, applies only to the appointment
of a member of the auctioneer education advisory board on or after the
effective date of this Act and does not affect the entitlement of a member
serving on the board immediately before the effective date of this Act to
continue to serve for the remainder of the member's term.
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SECTION 18. (a) The presiding officer of the Texas Commission of
Licensing and Regulation shall appoint an additional member to the
auctioneer education advisory board as required by Section 1802.102,
Occupations Code, as amended by this Act, not later than September 1, 2013,
for a term expiring September 1, 2015.
(b) Section 1802.103,
Occupations Code, as amended by this Act, applies only to the appointment
of a member of the auctioneer education advisory board on or after the
effective date of this Act and does not affect the entitlement of a member
serving on the board immediately before the effective date of this Act to
continue to serve for the remainder of the member's term.
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SECTION 20. Section
1802.206, Occupations Code, as amended by this Act, applies only to a claim
filed under Section 1802.202, Occupations Code, on or after the effective
date of this Act. A claim filed before that date is governed by the law in
effect on the date the claim was filed, and the former law is continued in
effect for that purpose.
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SECTION 19. Same as
introduced version.
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SECTION 21. Section
1802.303, Occupations Code, as amended by this Act, applies only to an
offense committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any element
of the offense occurred before that date.
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No
equivalent provision.
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SECTION 22. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.
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SECTION 20. Same as
introduced version.
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