Title OC, Occupations Code

Sec. 1801.103. STATEMENTS AND RECEIPTS REGARDING CONSIGNMENT. (a) A person who consigns goods to a commission merchant shall send to the commission merchant a written statement stating the quantity, the quality or class, and the condition of the consigned goods. (b) On receipt of…

Sec. 1801.104. ACCOUNTING. (a) As soon as the goods are sold, the commission merchant shall send to the consignor a complete itemized account of the sale. (b) The itemized account must include the price received and the date of the sale. (c) If the commission merchant sells cotto…

Sec. 1801.105. REMITTANCE OF SALE PROCEEDS. Not later than the fifth day after the date of the sale of consigned goods, a commission merchant shall send to the consignor the total amount received from the sale less the commission merchant's commission. Acts 1999, 76th Leg., ch. 3…

Sec. 1801.151. REQUIREMENT TO OBTAIN WRITTEN LICENSE. (a) A commission merchant must obtain the express written license from the owner or consignor of goods, or a person authorized by the owner or consignor, before the commission merchant may, directly or indirectly, purchase or …

Sec. 1801.152. FALSE CHARGES. (a) A commission merchant may not charge for mending or patching, roping bales, cooperage or repairing bales, labor, hauling, cartage, storage, or marking or weighing unless the work is actually done. (b) A charge specifically describing work perform…

Sec. 1801.153. SALE WITHOUT BOND. A person who sells any consigned goods for commission without first making and filing the bond required by Section 1801.051 shall be fined not less than $100 or more than $500. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1801.154. CONSIGNOR'S REMEDIES. (a) If a commission merchant fails to comply with a provision of Subchapter C, except Section 1801.103(a), (c), or (d), the commission merchant and the surety company or sureties required by Section 1801.052 are: (1) liable for all actual dama…

Sec. 1802.001. DEFINITIONS. In this chapter: (1) "Advisory board" means the Auctioneer Advisory Board. (2) "Associate auctioneer" means an individual who, for compensation, sells or offers to sell property at an auction under the direct supervision of a licensed auctioneer. (3) "…

Sec. 1802.002. APPLICABILITY. (a) This chapter does not apply to: (1) a sale conducted by order of a United States court under Title 11, United States Code; (2) a sale conducted by an employee of the United States, this state, or a political subdivision of this state in the cours…

Sec. 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 measure or require the licensing of an auctioneer, if the auctioneer holds a license under this chapter and is in complia…

Sec. 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 Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 3, eff. September 1, 2015…

Sec. 1802.005. RULES. The commission shall adopt rules necessary to administer and enforce this chapter. Added by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 2, eff. September 1, 2023. SUBCHAPTER B. LICENSE REQUIREMENTS

Sec. 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 department under this chapter. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 15, eff. September…

Sec. 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 the United States or a legal alien; (3) either: (A) passes a written or oral examination demonstr…

Sec. 1802.053. ELIGIBILITY FOR ASSOCIATE AUCTIONEER LICENSE. An individual is eligible for an associate auctioneer license if the individual: (1) is a citizen of the United States or a legal alien; and (2) works under the direct supervision of an auctioneer licensed under this ch…

Sec. 1802.054. APPLICATION FOR LICENSE. (a) An applicant for a license must apply to the department on a form and in a manner prescribed by the department. The application must be accompanied by: (1) any fee required for the auctioneer education and recovery fund authorized under…

Sec. 1802.055. APPLICATION FOR EXAMINATION. An individual who meets the requirements for an auctioneer's license may apply to the department to take the license examination. The application must be accompanied by the application fee. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Se…

Sec. 1802.056. LICENSE EXAMINATION. (a) The department shall prepare, recognize, administer, or arrange for the administration of a license examination designed to establish: (1) an applicant's general knowledge of the auction business; (2) the principles of conducting an auction…

Sec. 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 applicant may not reapply for one year. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1…

Sec. 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, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. …

Sec. 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 commission, with the commission's approval; (2) on…

Sec. 1802.103. TERMS; VACANCIES. Advisory board members serve staggered six-year terms. If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to serve for the remainder of the term. Acts 19…

Sec. 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 board. The presiding officer shall serve a term of two years. Acts 1999, 76th Leg., ch. 388…

Sec. 1802.106. COMPENSATION. A member of the advisory board may not receive compensation from the department for serving on the advisory board. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 12, eff. Se…

Sec. 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, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 10, eff. June 14,…

Sec. 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 advisory board member. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. SUBCHAPTER C-1. PRACTICE STANDARDS

Sec. 1802.121. WRITTEN CONTRACTS. (a) An auctioneer who agrees to provide services to a person shall provide to the person a written contract with the terms of the agreement. (b) Each contract for the services of an auctioneer must include information required by the commission b…

Sec. 1802.122. STANDARDS OF PRACTICE. The commission by rule shall adopt standards for the practice of auctioneers and associate auctioneers, including standards for: (1) the maintenance and use of a trust or escrow account for funds belonging or owed to another; and (2) required…

Sec. 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 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1802.152. MANAGEMENT OF FUND. (a) The department is the manager of the fund and shall maintain books and records of the fund. (b) The department, as manager, is entitled to compensation for reasonable and necessary costs and expenses for the management of the fund. The depar…

Sec. 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 before the department issues the license. (b) If the balance in the fund on August 31 of a year is less than $3…

Sec. 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 insufficient to pay the amount awarded. (b) If the fund contains insufficient assets to pay the consumer: (1) the department shall recor…

Sec. 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 of a violation of a contract made with the auctioneer may initiate a claim against the fund by filing with the dep…

Sec. 1802.203. HEARING. If the amount determined by the department under Section 1802.202 is disputed by the auctioneer, the department shall refer the matter to the State Office of Administrative Hearings for a hearing on the disputed claim. Acts 1999, 76th Leg., ch. 388, Sec. 1…

Sec. 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 Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.012, eff. Sept. 1, 2…

Sec. 1802.205. PAYMENT OF CLAIM. (a) If the department's determination under Section 1802.202 is not disputed by the auctioneer, the department shall pay the claim from the fund, subject to Section 1802.206. (b) If a hearing is held on the department's determination, the departme…

Sec. 1802.206. PAYMENT LIMITS. (a) The department may not pay a single aggrieved party more than $15,000 for all claims arising from a single auction. (b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(9), eff. September 1, 2023. (c) The total payment of cla…

Sec. 1802.207. REIMBURSEMENT; INTEREST. (a) If the department pays a claim against an auctioneer, the auctioneer shall: (1) reimburse the fund immediately or agree in writing to reimburse the fund on a schedule to be determined by rule of the commission; and (2) immediately pay t…

Sec. 1802.208. SUBROGATION. If the department pays a claim against an auctioneer, the department is subrogated to all rights of the aggrieved party against the auctioneer to the extent of the amount paid to the aggrieved party. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,…

Sec. 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 violation of this chapter or a rule adopted under this chapter. (…

Sec. 1802.251. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY. The commission or executive director may take any action or impose a penalty under Subchapter F or G, Chapter 51, against an auctioneer or associate auctioneer for: (1) violating this chapter or a rule adopted under this…

Sec. 1802.252. REVOCATION FOR CLAIM ON FUND. (a) The commission may revoke a license issued under this chapter if the department makes a payment from the fund as the result of an action of the license holder. (b) The commission may probate an order revoking a license. (c) An auct…

Sec. 1802.253. HEARING BY STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) If the department proposes to deny an application for a license or take a disciplinary action or impose an administrative penalty against a license holder, the applicant or license holder is entitled to a hear…

Sec. 1802.301. PRACTICING WITHOUT LICENSE; OFFENSE. (a) A person commits an offense if the person acts as an auctioneer or an associate auctioneer without a license. (b) An offense under this section is a Class B misdemeanor. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1…

Sec. 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 a claim in which the person knows the person has no interest; or (2) institutes under this cha…

Sec. 1803.001. DEFINITIONS. In this chapter: (1) "Law enforcement personnel" means commissioned peace officers who are employees of government law enforcement agencies. (2) "Public safety entity" means a public safety promoter or public safety organization. (3) "Public safety org…