Texas Occupations Code Title 11, Chapter 1802 - Auctioneers

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1802.001 - Definitions
  In this chapter: (1) "Advisory board" means the Auctioneer Advisory Board. (2) "Associate auctioneer" means an individual who, for compensation, is employed by and under...
• Texas Section 1802.002 - Applicability
  Sec. 1802.002. APPLICABILITY. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1230 (S.B. 1982), Sec. 1 (a) This chapter does not...
• Texas Section 1802.003 - Preemption
  A political subdivision of this state may not levy on or collect from an auctioneer a license tax or fee as a regulatory or revenue...

SUBCHAPTER B LICENSE REQUIREMENTS

• Texas Section 1802.004 - Advertisement Of Auction
  The commission, by rule, may adopt standards for the advertisement of an auction by an auctioneer or associate auctioneer licensed under this chapter. Added by...
• Texas Section 1802.051 - License Required
  (a) A person may not act as an auctioneer or associate auctioneer in this state unless the person holds a license issued by the executive...
• Texas Section 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...
• Texas Section 1802.053 - Eligibility For Associate Auctioneer License
  An individual is eligible for an associate auctioneer license if the individual is: (1) a citizen of the United States or a legal alien; and...
• Texas Section 1802.054 - Application For License
  An applicant for a license must apply to the executive director on a form provided by the executive director that establishes the applicant's eligibility for...
• Texas Section 1802.055 - Application For Examination
  An individual who establishes that the individual is eligible for an auctioneer's license may apply to the executive director to take the license examination. The...
• Texas Section 1802.056 - License Examination
  (a) The license examination must be designed to establish: (1) an applicant's general knowledge of the auction business; (2) the principles of conducting an auction;...
• Texas Section 1802.058 - Reexamination
  An applicant who fails the license examination may reapply to take the examination. If the applicant fails the examination twice during a one-year period, the...
• Texas Section 1802.059 - Licensing By Reciprocity
  (a) An applicant for an auctioneer's license who is not a resident of this state but is licensed as an auctioneer in another state must...

SUBCHAPTER C AUCTIONEER ADVISORY BOARD

• Texas Section 1802.060 - Term Of License
  A license issued under this chapter shall be issued for the period prescribed by the commission. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff....
• Texas Section 1802.101 - Auctioneer Advisory Board
  The advisory board shall advise the commission on educational matters, operational matters, and common practices within the auction industry. Acts 1999, 76th Leg., ch. 388,...
• Texas Section 1802.102 - Appointment Of Advisory Board; Membership; Eligibility
  (a) The advisory board consists of seven members appointed as follows: (1) four members who are licensed auctioneers appointed by the presiding officer of the...
• Texas Section 1802.103 - Terms; Vacancies
  (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...
• Texas Section 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...
• Texas Section 1802.106 - Compensation
  A member appointed under Section 1802.102(a)(1) may not receive compensation for serving on the advisory board. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff....
• Texas Section 1802.107 - Meetings
  The advisory board shall meet at the call of the presiding officer of the commission or the executive director. Acts 1999, 76th Leg., ch. 388,...
• Texas Section 1802.108 - Civil Liability
  A member of the advisory board is not liable in a civil action for an act performed in good faith while performing duties as an...

SUBCHAPTER D AUCTIONEER EDUCATION AND RECOVERY FUND

• Texas Section 1802.109 - Auctioneer Education Programs
  (a) The advisory board shall: (1) evaluate educational programs, seminars, and training projects; and (2) make recommendations to the commission on their usefulness and merit...
• Texas Section 1802.151 - Fund
  The auctioneer education and recovery fund is a trust fund with the comptroller for the payment of claims against auctioneers licensed under this chapter. Acts...
• Texas Section 1802.152 - Management Of Fund
  (a) The department is the manager of the fund and shall: (1) administer the fund without appropriation; (2) maintain books and records as required by...
• Texas Section 1802.153 - Additional Fees
  (a) In addition to any other fees required by this chapter, an applicant entitled to receive a license under this chapter must pay a fee...
• Texas Section 1802.154 - Investment Of Fund
  (a) Amounts deposited in the fund may be invested and reinvested in the same manner as funds of the Employees Retirement System of Texas, and...
• Texas Section 1802.155 - Liability
  (a) The fund or the department is not liable to a consumer for a recovery from the fund if the assets of the fund are...

SUBCHAPTER E COMPLAINT PROCEDURES

• Texas Section 1802.156 - Education Expenditures Permitted
  The executive director may use amounts in excess of $300,000 in the fund to: (1) advance education and research in the auctioneering profession for the...
• Texas Section 1802.201 - Investigation Of Complaints
  The executive director may, on the executive director's motion, and shall, on the written complaint of a person aggrieved by the actions of an auctioneer...
• Texas Section 1802.202 - Consumer Claims
  (a) A person who deals with an auctioneer licensed under this chapter and who is aggrieved by an action of the auctioneer as a result...
• Texas Section 1802.203 - Hearing
  (a) If the amount determined by the department under Section 1802.202 is disputed by the auctioneer or the aggrieved party, the department's hearings examiner shall:...
• Texas Section 1802.203 - Hearing
  If the amount determined by the department under Section 1802.202 is disputed by the auctioneer or the aggrieved party, the department shall refer the matter...
• Texas Section 1802.204 - Appeal
  A party may appeal a decision of the commission in the manner provided for a contested case under Chapter 2001, Government Code. Acts 1999, 76th...
• Texas Section 1802.205 - Payment Of Claim
  (a) If the department's determination under Section 1802.202 is not disputed by the auctioneer or the aggrieved party, the executive director shall pay the claim...
• Texas Section 1802.206 - Payment Limits
  (a) The executive director may not pay a single aggrieved party more than $15,000. (b) The total payment of all claims by more than one...
• Texas Section 1802.207 - Reimbursement; Interest
  (a) If the executive director pays a claim against an auctioneer, the auctioneer shall: (1) reimburse the fund immediately or agree in writing to reimburse...
• Texas Section 1802.208 - Subrogation
  If the executive director pays a claim against an auctioneer, the department is subrogated to all rights of the aggrieved party against the auctioneer to...

SUBCHAPTER F DENIAL OF LICENSE AND DISCIPLINARY PROCEDURES

• Texas Section 1802.209 - Effect On Disciplinary Proceedings
  (a) This subchapter and Section 1802.252 do not limit the commission's or executive director's authority to take disciplinary action against a license holder for a...
• Texas Section 1802.251 - Denial Of Application; Suspension Or Revocation Of License
  The commission or executive director may deny an application for a license or suspend or revoke the license of any auctioneer for: (1) violating this...
• Texas Section 1802.252 - Revocation For Claim On Fund
  (a) The commission may revoke a license issued under this chapter if the executive director makes a payment from the fund as the result of...

SUBCHAPTER G CRIMINAL PENALTIES

• Texas Section 1802.253 - Hearing By State Office Of Administrative Hearings
  (a) Before denying an application for a license, the commission or executive director shall: (1) set the matter for a hearing to be conducted...
• Texas Section 1802.301 - Practicing Without License; Offense
  (a) A person commits an offense if the person acts as an auctioneer without a license. (b) An offense under this section is a Class...
• Texas Section 1802.302 - Frivolous Claim; Offense
  (a) A person commits an offense if the person intends to benefit personally or to harm another and the person: (1) institutes under this chapter...
• Texas Section 1802.303 - General Criminal Penalty
  (a) A person commits an offense if the person violates a provision of this chapter or a rule adopted by the commission under this chapter...

Last modified: September 28, 2016