Auctioneers Frequently Asked Questions

HOUSE BILL 3038-NEW!
GENERAL INFORMATION
HOW TO OBTAIN AN AUCTIONEER LICENSE
OAG DENIAL OF LICENSE RENEWAL
EDUCATION AND EXAMINATION
LICENSE RENEWAL
CONTINUING EDUCATION
COMMUNICATING WITH TDLR
ENFORCEMENT

HOUSE BILL 3038-NEW!

House Bill 3038, effective June 14, 2013 made significant changes to Chapter 1802, Texas Occupations Code (Auctioneer Licensing Law). The FAQ’s below have been updated to reflect some of these changes. We will continue to add FAQ’s as we implement the bill and adopt rules. Among other things, the changes include the elimination of the licensing of associate auctioneers, the expansion of the definition of ‘auctioneer’ beyond live bid calling, and increasing the minimum balance requirement in the Auctioneer Education and Recovery Fund. If you have more questions, please contact us at cs.auctioneers@tdlr.texas.gov

1. Were there any changes to the requirements for an auctioneer license?

2. What changes were made to the Auctioneer Education and Recovery Fund?

3. When will TDLR begin enforcing the new provisions of HB 3038?

4. How does HB 3038 affect my associate auctioneer license?

5. Do I need to cancel my associate auctioneer license with TDLR?

6. What is happening to associate auctioneer applications received by TDLR after June 14, 2013?

7. Can a Texas licensed auctioneer conduct an auction for a real estate brokerage firm?

8. I heard that the new bill will regulate auctioneers who sell online, is that true?

 

1. Were there any changes to the requirements for an auctioneer license?

Yes, effective June 14, 2013, experience as an employee or associate auctioneer will no longer help to qualify a person for an auctioneer license. You must meet all of the following qualifications:

  • Be at least 18 years of age;
  • Be a citizen of the United States or a legal alien;
  • Hold a high school diploma or a high school equivalency certificate;
  • Not have been convicted of a felony within five years of the application date;
  • Have complete 80 hours of classroom instruction at an Auction school approved by TDLR; and
  • Pass an Auctioneer licensing examination.

2. What changes were made to the Auctioneer Education and Recovery Fund?

The minimum balance was increased from $300,000 to $350,000. In addition, the amounts that a single claimant may be paid has increased from $10,000 to $15,000. The total payment of all claims by more than one party arising from one auction at one location, has increased from $20,000 to $30,000. The total payment of claims that may be assessed against any one auctioneer has increased from $20,000 to $30,000.

3. When will TDLR be enforcing the new provisions of HB 3038?

We are currently enforcing sections of the bill, such as those relating to the Associate Auctioneers and initial licensing requirements. We will begin enforcement of other sections after we do a thorough review with legal advisors, department staff, the Education and Advisory Board, and the industry.

4. How does HB 3038 affect my associate auctioneer license?

The bill eliminates the licensing of associate auctioneers effective June 14, 2013.

5. Do I need to cancel my associate auctioneer license with TDLR?

No, TDLR has canceled all associate auctioneer licenses effective June 14, 2013.

6. What is happening to associate auctioneer applications after June 14, 2013?

All applications and fees received by TDLR postmarked after June 14, 2013 will be returned to the applicant.

7. Can a Texas licensed auctioneer conduct an auction for a real estate brokerage firm?

Yes, if the brokerage firm is operated by a real estate broker licensed by the Texas Real Estate Commission.

8. Will there be regulation for auctioneers who sell online?

The bill does appear to impact online auctions. This is one of the areas that will be addressed by rulemaking, which will involve the Education Advisory Board, a department review, and legal opinion.

GENERAL INFORMATION

1. How do I find out if a person is licensed in Texas as an auctioneer?

2. What are the requirements for an auctioneer license?

3. Can a Texas licensed auctioneer conduct an auction for an auction company?

4. Can a Texas licensed auctioneer conduct public motor vehicle auctions?

5. How does an auction school become approved by the department?

1. How do I find out if a person is licensed in Texas as an auctioneer?

All persons licensed by TDLR can be located in TDLR’s licensing database

2. What are the requirements for an auctioneer license?

 To be eligible for an auctioneer’s license you must:

  • Be at least 18 years of age;
  • Be a citizen of the United States or a legal alien;
  • Hold a high school diploma or a high school equivalency certificate;
  • Not have been convicted of a felony within five years of the application date;
  • Have complete 80 hours of classroom instruction at an Auction school approved by TDLR; and
  • Pass an Auctioneer licensing examination.

3. Can a Texas licensed auctioneer conduct an auction for an auction company?

Yes, if the auction house or auction company is owned by an auctioneer licensed in Texas. If the auction house or auction company is not owned by a licensed auctioneer, a licensee may also conduct the auction if the auction house or auction company employs a licensed auctioneer or has a licensed auctioneer in a management capacity.

4. Can a Texas licensed auctioneer conduct public motor vehicle auctions?

Yes, under certain conditions. Section 1802.052 (c) of the Occupations Code states that an auctioneer may perform public motor vehicle auctions for a Motor Vehicle Dealer who holds a valid General Distinguishing Number issued by the Texas Department of Motor Vehicles (DMV).

View a list of licensed Motor Vehicle Dealers

For other information regarding the Texas Department of Motor Vehicles, go to the DMV website.

5. How does an auction school become approved by the department?

Every career school or college desiring to operate in this state or do business in this state shall make written application to the Texas Workforce Commission, Career Schools and Veterans Education Section at (512) 936-3100 or at http://propschools.texasworkforce.org .

Career schools or colleges having a Certificate of Approval issued by the Texas Workforce Commission may obtain department approval by submitting an application for Auction School Registration along with the certification and a copy of the program outline.

If the school is exempt or is not required to apply with the Texas Workforce Commission, they may submit to the department the Auction School Registration form along with documentation stating they are exempt or are not required to be registered and a copy of the 80 hour auction school curriculum.

How to obtain an auctioneer license

1. What are the requirements for an auctioneer license?

2. How do I apply for an auctioneer license?

3. What is the fee for applying for an auctioneer license?

4. If I am a licensed auctioneer in another state, can I get licensed in Texas through reciprocity?

5. Do I need to be bonded or post any financial security with TDLR?

6. The application asks for Texas sales tax permit number or a letter of Texas sales tax exemption issued by the Texas Comptroller’s office. What does this mean?

7. Can I ask for a review of my criminal history before I apply for an Auctioneer license to determine if TDLR would deny my license application based on my criminal history?

1. What are the requirements for an auctioneer license?

To be eligible for an auctioneer’s license you must:

  • Be at least 18 years of age;
  • Be a citizen of the United States or a legal alien;
  • Hold a high school diploma or a high school equivalency certificate;
  • Not have been convicted of a felony within five years of the application date;
  • Have completed 80 hours of classroom instruction at an Auction school approved by TDLR; and
  • Pass an Auctioneer licensing examination.

2. How do I apply for an auctioneer license?

3. What is the fee for applying for an auctioneer license?

The application fee is $100 which includes a $50 license fee and the $50 Recovery Fund fee.

4. If I am a licensed auctioneer in another state, can I get licensed in Texas through reciprocity?

Yes you may, if TDLR has reciprocity http://www.tdlr.texas.gov/auc/reciprocity.htm with the state you are licensed in and you reside in the state from which you are requesting reciprocity. Please see Section 1802.059 of the law http://www.license.state.tx.us/auc/auclaw.htm#1802059 for the additional requirements for completing an application by reciprocity.

5. Do I need to be bonded or post any financial security with TDLR?

No, you do not need to be bonded or post financial security with TDLR, but you will pay $50 into the Auctioneer's Recovery Fund which is included in the $100 application fee.

6. The application asks for Texas sales tax permit number or a letter of Texas sales tax exemption issued by the Texas Comptroller’s office. What does this mean?

If you are responsible for collecting Texas sales tax on the auctioned items, you need to get an individually issued tax ID number. This number is obtained through the Texas Comptroller of Public Account's Office and will match your social security number. If you work for a company and the company is responsible for collecting the taxes or you are exempt from collecting taxes, a letter of exemption must be provided. This letter is also issued by the Texas Comptroller of Public Accounts’ Office. The letter states that you are not the one responsible for collecting the taxes or are exempt from collecting taxes. To obtain either the tax ID number or the exemption letter, call 800-252-5555.

7. Can I ask for a review of my criminal history before I apply for an Auctioneer license to determine if TDLR would deny my license application based on my criminal history?

Yes, by:

TDLR will issue a criminal history evaluation letter within 90 days of receiving a complete request.

OAG Denial of License Renewal

1. I received a Notice of Denial of License Renewal. Who should I contact to resolve the matter?

2. Why did I receive a Notice of Denial of License Renewal?

3. Can I use my existing license after getting a license nonrenewable notice from TDLR?

4. Who should I call about removing the nonrenewable status of my license?

5. How can I renew my license?

6. After I settle with the Office of the Attorney General, when can I renew my license?

7. What will happen if I don’t get a release from the Child Support Division and my license has not expired?

8. What will happen if I don’t get a release from the Office of the Attorney General’s Child Support Division, and my license has expired?

 

1. I received a Notice of Denial of License Renewal. Who should I contact to resolve the matter?

The Child Support Division (CSD) sends these notices. Contact CSD at (800) 252-8014.

2. Why did I receive a Notice of Denial of License Renewal?

Office of the Attorney General’s Child Support Division records show you have not made a payment in more than 6 months.

3. Can I use my existing license after getting a license nonrenewable notice from TDLR?

You may not use your license after the expiration date on the license. However, you may work between the date you receive the nonrenewable notice and the expiration date on the license.

4. Who should I call about removing the nonrenewable status of my license?

Contact the Office of the Attorney General’s Child Support Division (CSD) to settle payment of any amounts you may owe and to change the nonrenewable status of your license. Contact CSD at (800) 252-8014.

5. How can I renew my license?

First, contact the Office of the Attorney General’s Child Support Division at (800) 252-8014 to resolve payment of any amounts you may owe and obtain a release. Then, apply with the Texas Department of Licensing and Regulation for renewal of your license.

6. After I settle with the Office of the Attorney General, when can I renew my license?

You may not apply for renewal of your license until the Department of Licensing and Regulation receives a release from the Child Support Division of the Office of the Attorney General.

7. What will happen if I don’t get a release from the Child Support Division and my license has not expired?

If you haven’t received a release from the Child Support Division of the Office of the Attorney General approximately 65 days before the expiration of your license, you will receive a notice from the Department that you need to get a release from the Child Support Division in order to apply to the Department for license renewal. You may not use your license after the expiration date on the license.

8. What will happen if I don’t get a release from the Office of the Attorney General’s Child Support Division, and my license has expired?

License holders have 365 days from the expiration date to apply for license late renewal. License holders who are barred from license renewal due to past-due child support must obtain a release from the Child Support Division of the Office of the Attorney General and apply for renewal within the 365-day period. Otherwise, the license cannot be late renewed.

Education and Examination

1. Do I need any special training or classes to become an auctioneer?

2. Who offers the classroom instruction?

3. Where are the examinations offered?

4. Is examination study material provided?

5. Do you provide a sample test?

6. If I fail the examination can I take it again? How soon? How often?

7. What is needed to retake an examination?

8. If I have a conflict can I reschedule my examination?

1. Do I need any special training or classes to become an auctioneer?

Yes, unless you are applying through reciprocity, you must have 80 hours of classroom instruction on specific topics relating to the business of auctioneering. You must complete the hours from TDLR approved auctioneer schools (link)

2. Who offers the classroom instruction?

Click on “TDLR approved auctioneer schools

3. Where are the examinations offered?

The examination schedule and locations can be found in the Candidate Information Bulletin (CIB).

4. Is examination study material provided?

Yes, these publications are the study guides for the  auctioneer examination.

5. Do you provide a sample test?

 No.

6. If I fail the examination, can I take it again? How soon? How often?

A minimum score of 75% is required to pass. If you fail the license examination you may reapply to take the examination. If an applicant fails the examination twice during a one-year period, the applicant may not reapply again for one year.

7. What is needed to retake an examination?

Please contact PSI, the examination provider, at www.psiexams.com or their customer service at (800) 733-9267

8. If I have a conflict can I reschedule my examination?

Yes you can, however there are some special conditions for rescheduling, please visit the Candidate Information Bulletin for further information on rescheduling.

License Renewal

1. How do I renew my Auctioneer license?

2. What is the fee to renew my auctioneer license?

3. My license has expired, may I renew ‘late’?

4.How do I place my license on ‘inactive’ status?

5.How do I take my license off ‘inactive’ status and become ‘active’?

1. How do I renew my Auctioneer license?

To renew your license, click on “Apply for or Renew a License” on TDLR’s home web page and go through the online process to renew your license. If you have not met the continuing education requirements, your renewal license will not print until the continuing education requirements are met.

2. What is the fee to renew my auctioneer license?

Please see the “Fees” schedule in §67.80 of the Auctioneer Rules http://www.license.state.tx.us/auc/aucrules.htm#6780

 Also please note that the balance of the Auctioneer Education and Recovery Fund will have to be increased to meet the requirements of the new law. All licenses expiring in 2014 will have to pay an additional $50 Recovery Fund fee.

3. My license has expired, may I renew ‘late’?

Yes, please see the “Late Renewal” fee schedule in §67.80 of the Rules http://www.license.state.tx.us/auc/aucrules.htm#6780 and remember that once your license has expired, you may not act as an auctioneer until you have been issued a renewed license.

4.How do I place my license on Inactive status?

Complete the “Auctioneer Request for a Change in License Status” form.

To remain inactive you are still required to renew your license annually; however, continuing education is not required if your license is inactive.  There is no fee for the license to be placed inactive. However, there is a $25 fee to place your license back on active status unless you are renewing your license and wish to go active at the same time. In that case, you would not have to pay the $25 fee to change your license back to active status.

5.How do I take my license off “Inactive” status and become ‘active’?

Complete the “Auctioneer Request for a Change in License Status” form, submit a fee of $25 (unless you’re changing as part of renewing), and complete the required 6 hours of continuing education.

Continuing Education

  1. What is required to renew my TDLR auctioneer license besides submitting my renewal application and renewal fee?
  2. Should I wait to submit my license renewal application until after I have completed my six hours of continuing education?
  3. Where can I locate auctioneer continuing education provider and course information?
  4. What is the actual amount of instruction time required for one hour of continuing education?
  5. There are no continuing education classroom courses in my area. Are other course delivery methods available?
  6. What must I do if I have already taken a continuing education course, but that provider is not on TDLR’s web site list of registered providers?
  7. Who notifies TDLR that I have completed a required continuing education course?
  8. How will I be notified that I have completed a required continuing education course?
  9. Can I get partial credit for completing part of a required continuing education course?
  10. Are licensees who take a distance learning continuing education courses (for example: online or computer course) monitored?
  11. Will I be able to go to TDLR’s web site and look up my completed continuing education hours?
  12. What can I do if my completed continuing education hours are not posted on the TDLR web site?
  13. What should I do if I don’t receive a certificate for my completed continuing education course?
  14. If I am a licensee and an instructor for an approved continuing education course, can I get my continuing education hours while teaching that course?
  15. Will college course hours count towards continuing education for license renewal?
  16. How long must I keep a copy of my continuing education certificate of completion?

1. What is required to renew my TDLR auctioneer license besides submitting my renewal application and renewal fee?

Each auctioneer is required to complete six hours of continuing education to renew his/her license, including two hours of instruction covering the laws and rules that regulate conduct.

Continuing education hours must be completed within the period of the license. (Example: if the license is effective from June 1, 2004 to June 1, 2005, the hours must be completed during that period only. A course taken in April 2004 is not within the license period, and will not count for the required continuing education hours.)

2. Should I wait to submit my license renewal application until after I have completed my six hours of continuing education?

No. You may file your renewal application at any time during your renewal period. We encourage you to file the application early so your license won’t expire and you won’t have to pay late renewal fees.

3. Where can I locate auctioneer continuing education provider and course information?

You can find TDLR auctioneer continuing education provider and course information on TDLR’s Auctioneers web site under “Registered CE Providers for Auctioneers.” This list is updated as new providers are registered and courses are approved.

4. What is the actual amount of instruction time required for one hour of continuing education?

One hour of continuing education is equivalent to 50 minutes of actual instruction time.

5. There are no continuing education classroom courses in my area. Are other course delivery methods available?

Yes, you can find computer and internet continuing education courses on TDLR’s web site under “Registered CE Providers for Auctioneers.” This list is updated as new providers are registered and courses approved.

6. What must I do if I have already taken a continuing education course, but that provider is not on TDLR’s web site list of registered providers?

If the course you took was not from a registered TDLR provider (or was not an approved course), it will not count toward your required hours for license renewal. You must select from registered providers and approved courses; they can be found on TDLR’s Auctioneer web site under “Registered CE Providers for Auctioneers”.

7. Who notifies TDLR that I have completed a required continuing education course?

Providers are required to submit to TDLR your continuing education course completion information. If you have taken a course from one or more providers, each provider must send that information to TDLR and also issue you a certificate of course completion.

TDLR will make the provider course completion information available on the web site for your review and you can check the CE courses you have completed. If you have a question about the information posted on the web site, please check first with the provider. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@tdlr.texas.gov.

8. How will I be notified that I have completed a required continuing education course?

Your provider will issue you a course completion certificate. If you have questions, please contact your provider first. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@tdlr.texas.gov.

9. Can I get partial credit for completing part of a required continuing education course?

No. TDLR does not accept partial completion of a continuing education course. However, a provider may allow you to finish the course at another time. When the course is fully completed, the provider will send the completion record to TDLR.

10. Will I be monitored if I take a distance learning continuing education course (for example: on-line or computer course)?

Yes. TDLR requires the provider to monitor licensee attendance for all courses, including computer-based and online courses. If a licensee does not meet the provider’s monitoring requirements, credit for continuing education hours will not be given.

11. Will I be able to go to TDLR’s web site and look up my completed continuing education hours?

Yes. You can check your records of completed CE hours from TDLR’s web site.

12. What can I do if my completed continuing education hours are not posted on the TDLR web site?

If your course completion is not posted seven days after you completed the course, contact your provider first. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@tdlr.texas.gov.

13. What should I do if I don’t receive a certificate for my completed continuing education course?

If you do not receive your course completion certificate within 15 days from the end of your course, please check first with your provider. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@tdlr.texas.gov.

14. If I am a licensee and an instructor for an approved continuing education course, can I get my continuing education hours while teaching that course?

Instructors who are licensees may arrange with the provider to get continuing education hours for that portion of the course which the instructor taught. However, if the instructor does not teach the entire course, the instructor must attend the remainder of the course to obtain credit for the whole course. No partial course credit is allowed.

15. Will college course hours count towards continuing education for license renewal?

Courses which are not approved by TDLR as continuing education courses cannot be used for license renewal. If the college course is a TDLR approved continuing education course, then the course hours can be used for license renewal. However, the courses must be taken during the period of the license being renewed. (See question and answer #1.)

16. How long must I keep a copy of my continuing education certificate of completion?

Licensees are required to keep a copy of the continuing education certificate for one year after the date of course completion

Communicating with TDLR

1. Where can I get a copy of the law and rules pertaining to Auctioneers?

2. How will I be notified of rule and program changes?

3. How do I contact the agency for further information?

1. Where can I get a copy of the law and rules pertaining to Auctioneers?

The Auctioneer’s Law and the Administrative Rules are available online.

2. How will I be notified of rule and program changes?

Sign up to receive TDLR email notices. We will also then email you notices of any scheduled Auctioneer Advisory Board meetings.

3. How do I contact the agency for further information?

Direct all of your questions and comments to CS.Auctioneers@tdlr.texas.gov. E-mail is the most efficient method of communication with TDLR .

Texas Department of Licensing and Regulation:

· Physical Address: 920 Colorado, Austin, Texas 78701

· Mailing Address: P.O. Box 12157, Austin, Texas 78711

· Telephone: (512) 463-6599 or Toll-Free (in Texas): 800-803-9202

· Fax: (512) 475-2871

· Relay Texas-TDD: (800) 735-2989

Enforcement

1. How do I file a complaint?

2. How do I make a claim against the Auctioneer Education and Recovery Fund?

1. How do I file a complaint?

To file a complaint, you may download the Complaint Form from our website at www.tdlr.texas.gov/auction/aucforms.htm.  This same form is used whether or not the person you are filing the complaint against is licensed or unlicensed.

2. How do I make a claim against the Auctioneer Education and Recovery Fund?

A consumer who deals with an auctioneer licensed by TDLR, and who has a claim against a licensed auctioneer as a result of a violation of a contract made with the auctioneer, may initiate a claim against the auctioneer by filing a complaint as in #1 above.  If it is ordered that a claim is to be paid, the claim is limited to $15,000 to a single party. The total payment of all claims by more than one party arising from one auction at one location, regardless of the length of the auction, may not exceed $30,000. The total payment of claims against a single auctioneer may not exceed $30,000.

 

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