SECTION 1. Section
1802.002(a), Occupations Code, is amended to read as follows:
(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 of the person's property if the person is not engaged in the
business of selling property at auction 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;
(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;
(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; or
(13) the sale of motor
vehicles at auction by a person who holds a wholesale motor vehicle auction
general distinguishing number issued by the Texas Department of Motor
Vehicles.
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SECTION 1. Section
1802.002(a), Occupations Code, is amended to read as follows:
(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 of the person's property if the person is not engaged in the
business of selling property at auction 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;
(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;
(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;
(13) a sale of motor vehicles at auction by a person licensed
under Chapter 2301 or 2302; or
(14) a sale of motor
vehicles at auction by a person who holds a wholesale motor vehicle auction
general distinguishing number or an
independent motor vehicle general distinguishing number issued by
the Texas Department of Motor Vehicles.
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No
equivalent provision.
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SECTION 2. Section 1802.051,
Occupations Code, is amended by amending Subsection (c) and adding
Subsection (d) to read as follows:
(c) Except as provided by
Subsection (d), an [An] individual who is licensed under this
chapter may not act as an auctioneer for an entity unless the entity:
(1) is an auction company
owned or operated by an individual who is licensed under this chapter; or
(2) [holds a dealer
general distinguishing number issued under Subchapter B, Chapter 503,
Transportation Code, and the auction is for the purpose of auctioning vehicles
as defined by Section 503.001, Transportation Code; or
[(3)] is a real
estate brokerage firm that is operated by a broker licensed by the Texas
Real Estate Commission.
(d) An auctioneer who is
licensed under this chapter may conduct an auction to sell motor vehicles,
as defined by Section 501.002 or 502.001, Transportation Code, if the
auctioneer conducts the auction for a person who holds a dealer general
distinguishing number or wholesale motor vehicle auction general
distinguishing number issued under Subchapter B, Chapter 503,
Transportation Code, or a license issued under Subchapter C, Chapter 2302,
of this code.
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