Bill Text: TX SB1982 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the regulation of certain motor vehicle auctions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-19 - Effective immediately [SB1982 Detail]
Download: Texas-2015-SB1982-Enrolled.html
| S.B. No. 1982 | ||
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| relating to the regulation of certain motor vehicle auctions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1802.002(a), Occupations Code, is | ||
| amended to read as follows: | ||
| (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 | ||
| course and scope of employment; | ||
| (3) a sale conducted by a charitable, religious, or | ||
| civic organization, including an organization having a tax exempt | ||
| status under Section 501(c), Internal Revenue Code of 1986, or | ||
| organized as a nonprofit entity, if the person organizing, | ||
| arranging, or conducting the auction receives no compensation; | ||
| (4) a sale conducted by any person of the person's | ||
| property if the person is not engaged in the business of selling | ||
| property at auction on a recurring basis; | ||
| (5) a foreclosure sale of real property personally | ||
| conducted by a trustee under a deed of trust; | ||
| (6) a foreclosure sale of personal property personally | ||
| conducted by: | ||
| (A) a person who holds a security interest in the | ||
| property, including a mortgage; or | ||
| (B) an employee or agent of a person described by | ||
| Paragraph (A) acting in the course and scope of employment, if: | ||
| (i) the employee or agent is not otherwise | ||
| engaged in the auction business; and | ||
| (ii) all property for sale in the auction is | ||
| subject to a security agreement; | ||
| (7) a sale conducted by sealed bid without the option | ||
| of increasing or decreasing the amount of a bid; | ||
| (8) an auction conducted only for student training | ||
| purposes as part of a course of study approved by the department; | ||
| (9) an auction conducted by a posted stockyard or | ||
| market agency as defined by the federal Packers and Stockyards Act | ||
| (7 U.S.C. Section 181 et seq.), as amended; | ||
| (10) an auction of livestock conducted by a nonprofit | ||
| livestock trade association chartered in this state, if the auction | ||
| involves only the sale of livestock owned by members of the trade | ||
| association; | ||
| (11) an auction conducted by a charitable or nonprofit | ||
| organization chartered in this state, if the auction: | ||
| (A) is part of a fair that is organized under | ||
| state, county, or municipal authority; and | ||
| (B) involves only the sale of property owned by | ||
| the organization's members; [ |
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| (12) a sale or auction conducted outside of this | ||
| state; | ||
| (13) a sale of motor vehicles at auction by a person | ||
| licensed under Chapter 2301 or 2302; or | ||
| (14) a sale of motor vehicles at auction by a person | ||
| who holds a wholesale motor vehicle auction general distinguishing | ||
| number or an independent motor vehicle general distinguishing | ||
| number issued by the Texas Department of Motor Vehicles. | ||
| SECTION 2. Section 1802.051, Occupations Code, is amended | ||
| by amending Subsection (c) and adding Subsection (d) to read as | ||
| follows: | ||
| (c) Except as provided by Subsection (d), an [ |
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| who is licensed under this chapter may not act as an auctioneer for | ||
| an entity unless the entity: | ||
| (1) is an auction company owned or operated by an | ||
| individual who is licensed under this chapter; or | ||
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| by a broker licensed by the Texas Real Estate Commission. | ||
| (d) An individual who is licensed under this chapter may | ||
| conduct an auction to sell motor vehicles, as defined by Section | ||
| 501.002 or 502.001, Transportation Code, if the individual conducts | ||
| the auction for a person who holds a dealer general distinguishing | ||
| number or wholesale motor vehicle auction general distinguishing | ||
| number issued under Subchapter B, Chapter 503, Transportation Code, | ||
| or a license issued under Subchapter C, Chapter 2302, of this code. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1982 passed the Senate on | ||
| April 30, 2015, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1982 passed the House on | ||
| May 27, 2015, by the following vote: Yeas 144, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
