Texas department of licensing and regulation auctioneer

The Auctioneer Recovery Fund is established by the State of Texas and managed by TDLR to provide compensation to individuals who are harmed by the actions of a licensed auctioneer. Additional information about the Fund can be found on the Procedures for filing a claim against the Auctioneer Education and Recovery Fund page. The Auctioneer Advisory Board met January 27, via videoconference.

The agenda and staff reports are available online. TDLR licensed auctioneers should use the online tool to verify that their personal contact information is correct. Keeping this information current is important for TDLR to communicate with the auctioneers. The Associate Auctioneer license application is now available on the Auctioneer forms page. Auctioneer Education and Recovery Fund. The fee shall be paid in addition to the renewal fee. The renewal notice sent by the department will reflect the fee due to the Fund.

If additional claims are filed before the auctioneer has reimbursed the Fund and repaid any amounts due an aggrieved party, the department shall hold a hearing to determine if the additional claims must be satisfied by the auctioneer before the department issues or renews a license, whether probated or not. If an agreement is not reached, monthly installments shall be determined as a percentage of the initial principal amount according to the following schedule:.

Auctioneer Advisory Board. Auctioneer Standards of Practice. These documents shall include, but are not limited to, settlement sheets, written contracts, copies of advertising and clerk sheets. B Deposit all proceeds from an auction into the trust or escrow account within seventy two 72 hours of the auction unless the owner or consignor of the property auctioned is paid immediately after the sale or the written contract stipulates other terms, such as sight drafts.

C Pay any public monies, including, but not limited to state sales tax, received into the State Treasury at the times and as per the regulations prescribed by law; and. D Pay all amounts due the seller or consignor within fifteen 15 banking days of the auction unless otherwise required by statute or a written contract between license holder and seller. This includes, but is not limited to responding to requests from the department, including producing requested documents or other information, within thirty 30 days of request.

A that the auctioneer conducting the sale is licensed by the department;. C if the owner, consignor, or agent thereof has reserved the right to bid. The notification shall be included on any auction listing contract and on at least one of the following:.

A A sign prominently displayed at the place of the auction or on any auction website;. Requirements—Sponsoring Auctioneer. B date and location of up to ten 10 auctions bid called by the associate;. Requirements—Associate Auctioneers. New Members are Always Encouraged and Welcome! Overlays Share Tweet Pin It. General Criminal Penalty Subchapter A. General Provisions Sec.

Advertisement of Auction. License Required. Eligibility for Associate Auctioneer License. An individual is eligible for an associate auctioneer license if the individual is: 1 a citizen of the United States or a legal alien; and 2 employed under the direct supervision of an auctioneer licensed under this chapter. Application for License. The application must be accompanied by: 1 any fee required for the auctioneer education and recovery fund authorized under Section Application for Examination.

License Examination. Licensing By Reciprocity. Appointment of Advisory Board; Membership; Eligibility. Terms; Vacancies. Presiding Officer. Civil Liability. Management of Fund. Additional Fees. Investment of Fund. Investigation of Complaints. Consumer Claims. Payment of Claim. Payment Limits. Reimbursement; Interest. Denial of Application; Suspension or Revocation of License. Revocation for Claim on Fund.

Practicing Without License; Offense. Frivolous Claim; Offense. Fees January 27, , 18 TexReg ; amended effective June 1, , 18 TexReg ; amended effective January 7, , 18 TexReg ; amended effective February 13, , 20 TexReg ; amended effective December 1, , 31 TexReg ; amended effective January 1, , 38 TexReg The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

Effective April 18, , 15 TexReg ; amended effective April 17, , 17 TexReg ; amended effective January 27, , 18 TexReg ; amended effective December 1, , 28 TexReg ; amended effective December 1, , 31 TexReg ; amended effective January 1, , 38 TexReg ; amended effective February 15, , 41 TexReg a An applicant for licensure as an auctioneer must submit a completed application along with required fees. Effective February 15, , 41 TexReg An applicant for licensure as an associate must: 1 submit a completed application along with required fees; 2 be employed under the direct supervision of an auctioneer licensed under this chapter; and 3 either be a citizen of the United States or a legal alien.

Effective January 27, , 18 TexReg ; amended effective June 1, , 18 TexReg ; amended effective February 13, , 20 TexReg ; amended effective May 7, , 21 TexReg ; amended effective December 1, , 31 TexReg If an applicant fails the examination twice during the one year application period, the application will be terminated and the applicant may not reapply until one year from the date of the second failure. New section adopted effective December 1, , 31 TexReg a Proprietary auction schools 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 payment of the curriculum review fee.

New section adopted effective December 1, , 31 TexReg Licenses expire one year from the date of issuance and must be renewed by that date to avoid late renewal fees. Adopted effective June 1, , 30 TexReg ; amended effective December 1, , 31 TexReg ; amended effective April 30, , 37 TexReg ; amended effective January 1, , 38 TexReg ; amended effective February 15, , 41 TexReg a Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

Effective January 7, , 18 TexReg ; amended effective December 1, , 28 TexReg ; amended effective December 1, , 31 TexReg ; amended effective January 1, , 38 TexReg ; amended effective February 15, , 41 TexReg a The board is established to advise the commission on educational matters, operational matters, and common practices within the auction industry, including those matters relating to use of the educational trust fund established with fees collected for the auctioneer education and recovery fund.

C Pay any public monies, including, but not limited to state sales tax, received into the State Treasury at the times and as per the regulations prescribed by law; and D Pay all amounts due the seller or consignor within fifteen 15 banking days of the auction unless otherwise required by statute or a written contract between license holder and seller.

The notification shall be included on any auction listing contract and on at least one of the following: A A sign prominently displayed at the place of the auction or on any auction website; B Bills of sale or receipt to be given to buyers; or C Bidder cards. Effective February 15, , 41 TexReg a There must be a legitimate employee-employer relationship between an associate auctioneer and the sponsoring auctioneer or between the associate and an auction company operated by a licensed auctioneer that employs the sponsoring auctioneer.

Login Status. Alabama Auction Law 0. Arkansas Auction Law 1. Other course providers seeking approval for educational course materials should refer to the Texas Comptroller of Public Accounts, Property Tax Assistance Division, Educational Course Approval Program Guidelines for instructions on submitting educational courses for approval. Course providers are the owners of their course materials and should be contacted directly for ordering or questions about their materials.

In , the Texas Legislature passed House Bill , which requires state agencies to publish a list of the three most commonly used Web browsers on their websites.