Licensed Auctioneers

For more information about auctioneers,
e-mail TDLR at auctioneers@tdlr.texas.gov

Auctioneers

Military Service Members, Veterans, and Spouses - For more information about applying as a military spouse please go to the Military Spouse FAQs page.

Your Voice Matters: Feedback for TDLR's Auctioneers Program

Texas House of Representatives Speaker Joe Strauss on January 31, 2014, charged the House Licensing and Administrative Procedures Committee to “Study the implementation and possible impacts of HB 3038 (83R), including the effect it would have on multi-state auction companies, as well as business-to-business auctions.” The Texas Department of Licensing and Regulation (TDLR) wants to know your ideas regarding how we can best implement House Bill 3038, the impact of this legislation for Texas, and recommended changes to improve the regulation of auctions and auctioneering in Texas.

House Bill 3038 was enacted in 2013 by the 83rd Texas Legislature. It removed the live bid call framework within the definition of “auctioneer,” repealed the associate auctioneer program, changed the membership of the Auctioneer Education Advisory Board, and increased the amount of money injured consumers may recover from the Auctioneer Education and Recovery Fund. We would appreciate you sending your response to the following questions to HB3038InterimCharge@tdlr.texas.gov by June 30, 2014:

  1. Should a Texas auctioneer license be required to conduct an online auction in which a consumer places competitive bids to purchase a product, including on auction websites like eBay, uBid, Listia, QuiBids, bidtopia and Overstock and on social media web sites such as Facebook, Twitter, Pinterest and Etsy? Why?
  2. Should a Texas auctioneer license be required to conduct an online auction in which an item for sale is located in Texas and the potential buyer is a resident of Texas? Why?
  3. Should a Texas auctioneer license be required for a person to conduct an auction of the person’s own property? Why?
  4. Which employees at an auction company should be required to hold a Texas auctioneer license? Why?
  5. How do you define “a sale or auction conducted outside of this state,” as stated in Section 1802.002(a)(12) Texas Occupations Code (The Auctioneer Law)? Why?
  6. If you could rewrite or change the Texas Auction Law (Chapter 1802, Texas Occupations Code), what would you change? Why?

Later this year TDLR will host a summit to discuss HB 3038 implementation, the HB 3038 interim charge, and possible changes to the Texas auctioneer law. You can sign up to receive TDLR email updates to be notified about the summit and about any changes or updates to the Texas Auctioneer program.

Thank you for your assistance with the HB 3038 interim charge by providing your feedback to us.


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 Pauline Easley, 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@tdlr.texas.gov. 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.
§67.22. License Requirements--Examinations.
§67.23. Pre-licensure Education.
§67.24. License Renewal.
§67.25. Continuing Education.
§67.30. Exemptions.
§67.40. Auctioneer Education and Recovery Fund.
§67.65. Auctioneer Education Advisory Board.
§67.70. Requirements--Auctioneer.
§67.80. Fees.

Issued in Austin, Texas on April 14, 2014.

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


TDLR amended the Auctioneers administrative rules on November 21, 2013, to implement changes in the Auctioneer law created by House Bill 3038, authored by Rep. Charles “Doc” Anderson and enacted in 2013 by the 83rd Texas Legislature.

The amended Auctioneers rules take effect on January 1, 2014, and will:

  • remove the live bid calling framework from the definition of “auctioneer,”
  • repeal the associate auctioneer program,
  • update the Auctioneer Education Advisory Board membership requirements, and
  • increase the amount injured consumers can recover from the Auctioneer Education and Recovery Fund.
For more information about the TDLR Auctioneers program, contact TDLR at auctioneers@tdlr.texas.gov or 800-803-9202.  Also, you can sign up to receive TDLR Email Updates to be notified about any further changes or updates to the Auctioneer Program.

House Bill 3038, passed during the 83rd Session of the Texas Legislature, eliminates the licensing of Associate Auctioneers effective June 14, 2013. As of June 14, 2013, TDLR no longer regulates Associate Auctioneers, and we are no longer issuing renewals or new licenses to Associate Auctioneers. Please read the Frequently Asked Questions (FAQs) for more information. If you have further questions regarding the changes made by the new bill, please contact us at 1-800-803-9202 or cs.auctioneers@tdlr.texas.gov. Sign up for Auctioneers email notifications to stay informed. We will update all of the Auctioneer FAQs shortly to reflect the change to the law.

Change your contact information online


Keep your address current with TDLR

TDLR is now accepting online payment for administrative penalties.

Auctioneer video - Going, Going, Gone! was produced by PolkaWorks and funded by the Auctioneer Education and Recovery Fund; it's available for download or online viewing:

17 MB Real Video, lower resolution and you must have RealPlayer installed

watch it on YouTube

or you can download the file as a medium resolution .mov file (783 KB)
or as a lower resolution MPEG-4 file (23 KB).

RENEW YOUR LICENSE ONLINE - you can renew your Auctioneer license online and also obtain a duplicate receipt for the transaction

 

Report Violations or File Complaints Online

 

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