Auctioneers

Auctioneer Education Advisory Committee vacancies
TDLR has filed a notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 67, Auctioneers.
Justification for Adoption of Auctioneers Administrative Rule §67.80
RENEW YOUR LICENSE ONLINE - you can renew your Auctioneer license online and also obtain a duplicate receipt for the transaction
Frequently Asked Questions regarding HB 365, passed in the 80th Legislative session
Houston Man Arrested for Auctioneering Without a License
Houston Auctioneer agrees to $6,000 penalty
Public Service Announcements created

Vacancies on Auctioneer Education Advisory Committee

The Texas Department of Licensing and Regulation (Department) announces vacancies on the Auctioneer Education Advisory Committee (Committee) established by Texas Occupations Code, Chapter 1802. The pertinent rules may be found in 16 Texas Administrative Code §67.65. The purpose of the Auctioneer Education Advisory Board is to advise the Texas Commission of Licensing and Regulation (Commission) on educational matters.

The Committee is composed of seven members appointed by the presiding officer of the Commission, with the Commission’s approval. Three members are licensed auctioneers; one member is the Executive Director of the Texas Department of Economic Development or the director's designee; one member is the Commissioner of Education or the commissioner's designee; and two public members. The auctioneer members appointed under Section 1802.102(a)(1) serve two-year terms that expire on September 1. The remaining members are ex officio members. Each ex officio member shall continue to serve during the time the member holds office.

This announcement is for two public member positions.

Public Member Frequently Asked Questions

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475‑4765, FAX (512) 475‑2874 or Email advisory.boards@license.state.tx.us. Applicants for public board member should download the Public Member Application; applicants for the other board positions should download the Auctioneer Education Advisory Board Application.

Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

RULE REVIEW─NOTICE OF INTENT TO REVIEW

Chapter 67. Auctioneers
Deadline for comments—August 10, 2009

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 67, Auctioneers. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

Any questions or written comments pertaining to this rule review may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to 512/475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

Proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§67.1. Authority
§67.10. Definitions
§67.20. License Requirements--Auctioneer
§67.21. License Requirements--Associate Auctioneers
§67.22. License Requirements--Examinations
§67.23. Pre-licensure Education
§67.24. License Renewal
§67.25. Continuing Education
§67.40. Education and Recovery Fund
§67.65. Advisory Board
§67.70. Requirements--Auctioneer
§67.71. Requirements--Sponsoring Auctioneer
§67.72. Requirements--Associate Auctioneers
§67.80. Fees
§67.94. Sanctions--Revocation, Suspension, or Denial Because of a Criminal Conviction

Issued in Austin, Texas on June 29, 2009.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

Justification For Auctioneers Administrative Rule Adoption §67.80

The Texas Commission of Licensing and Regulation (“Commission”) adopts amendments to an existing rule at 16 Texas Administrative Code (“TAC”), Chapter 67, §67.80, regarding reducing the initial recovery fund fee from $100 to $50 to avoid collecting fees for the recovery fund that are in excess of the amount needed. The amendments are adopted without changes to the proposed text as published in the June 27, 2008, issue of the Texas Register (33 TexReg 4955). The adoption takes effect November 1, 2008.

Texas Occupations Code, Chapter 1802, Subchapter D, establishes the Auctioneer Education and Recovery Fund for the payment of claims against auctioneers licensed under Chapter 1802. The Texas Department of Licensing and Regulation (“Department”) is responsible for administering the fund and for collecting from each applicant for licensure as an auctioneer or associate auctioneer a fee for the fund prior to issuing a license to the applicant. The amount of the fee is not set by statute. Subchapter D also provides that when the fund balance is less than $300,000 on December 31 of any year the Department shall collect from each licensee at renewal an additional fee equal to the greater of $50 or the licensee’s pro rata share of the amount required to return the fund balance to $300,000.

At present the fund balance is in excess of $300,000 and will remain so even after funds are expended for education pursuant to §1802.156. The reduction of the initial recovery fund fee will not impair the ability of the fund to meet statutory requirements. The amendment to §67.80(i) lowers the initial recovery fund fee from $100 to $50. By reducing the fee, the Department will avoid collecting fees for the recovery fund that are in excess of the amount needed.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. The comment period closed on July 28, 2008. The Department did not receive any public comments on the proposed rule.

The amendment is adopted under Texas Occupations Code, Chapters 51 and 1802, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1802. No other statutes, articles, or codes are affected by the adoption.

§67.80. Fees.

(a) The application fee for an auctioneer license is $50.

(b) The application fee for an associate auctioneer license is $25.

(d) The annual application fee to renew an associate auctioneer license is $25.

(e) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(f) A $25 fee will be charged for issuing a duplicate license.

(g) A $50 fee will be charged for each examination.

(h) A $500 curriculum review fee will be assessed to all schools submitting their curriculum for review and approval by the department.

(i) The initial recovery fund fee is $50.

(j) all fees are non refundable.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on October 9, 2008.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

Frequently Asked Questions regarding HB 365 by Representative Warren Chisum, passed by the 80th Legislature

HB 365 related to the exemption from regulation of certain charitable, religious, or civic organizations engaged in auction activities. Two questions have been raised regarding this legislation:

I am a charitable organization. How will this change affect me?

If you are a charitable, religious or civic organization, an organization with 501 (c) status from the IRS, and/or a nonprofit entity, you can conduct a charitable auction without hiring a licensed auctioneer. Please note that you may not pay the person organizing, arranging or conducting the auction.

I am a licensed auctioneer. How will this change affect me?

This change will not affect the way you conduct auctions, nor will it change the way TDLR regulates auctioneers. Auctions by these organizations do not need to be conducted by licensed auctioneers if persons organizing, arranging or conducting the auction are not paid.

Eleven Public Service Announcements (PSAs) were created in an attempt to promote the auction industry and to increase public awareness on issues related to Auctioneers and the auction process. The PSAs are 471kb each, stored in .mp3 format and can be downloaded by clicking on the links below:

An auctioneer sells or offers to sell property at an auction as a bid caller. Services provided by an auctioneer include arranging, managing, sponsoring, advertising and/or conducting auctions. Licenses are required for both auctioneer and associate auctioneer. An associate auctioneer has less responsibility but works under the direct supervision of an auctioneer.

For more information about auctioneers, e-mail TDLR at auctioneers@license.state.tx.us.

Top of Page | TDLR Home Page