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The Auctioneer Advisory Board met August 28 in Austin. The agenda and staff reports are online. The meeting was archived and is available for viewing via RealPlayer. The Board held an Open Forum on House Bill 3038 at 10:00 a.m. at the same location. The agenda for the open forum is online. The open forum was archived and is available for viewing via RealPlayer. View a summary of public comments from the open forum (44 KB PDF).
The Open Forum on HB 3038 allowed TDLR to receive feedback to share with the Texas House of Representatives regarding Speaker Joe Strauss’ interim charge to 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.”
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 It removed the live bid call framework within the definition of “auctioneer,” repealed the associate auctioneer program, changed the membership of the Auctioneer Advisory Board, and increased the amount of money injured consumers may recover from the Auctioneer Education and Recovery Fund.
During the Open Forum on HB 3038 we asked for public comment to these questions to include with the written responses to these questions we received earlier this year (3.2MB PDF):
- 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?
- 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?
- Should a Texas auctioneer license be required for a person to conduct an auction of the person’s own property? Why?
- Which employees at an auction company should be required to hold a Texas auctioneer license? Why?
- 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?
- If you could rewrite or change the Texas Auction Law (Chapter 1802, Texas Occupations Code), what would you change? Why?
At their meeting held July 9, 2014, the Texas Commission of Licensing and Regulation adopted the rule review of 16 Texas Administrative Code (TAC) Chapter 67, Auctioneers, effective August 1, 2014. The rule review adoption was published in the August 15, 2014 issue of the Texas Register (39 TexReg 6247). TDLR encourages everyone interested in the Auctioneers program to review the rule review adoption. View the adoption justification
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 the new rules:
- remove the live bid calling framework from the definition of “auctioneer,”
- repeal the associate auctioneer program,
- update the Auctioneer Advisory Board membership requirements, and
- increase the amount injured consumers can recover from the Auctioneer Education and Recovery Fund.
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 firstname.lastname@example.org. Sign up for Auctioneers email notifications to stay informed.