Justification for Adopted Auctioneer Rules

Chapter 67. Auctioneers
§67.25 and §67.80
(Effective: April 30, 2012)

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code, (TAC), Chapter 67, §67.25 and §67.80 regarding the auctioneers program as published in the November 11, 2011, issue of the Texas Register (36 Tex Reg 7636). Section 67.25 and §67.80 are adopted without changes to the proposed text as published in the November 11, 2011 issue of the Texas Register (36 Tex Reg 7636). The adoption takes effect April 30, 2012.

The amendments to the rules are necessary to implement the procedure for allowing a licensee to place an auctioneer or associate auctioneer license on ‘inactive status’, as provided by Texas Occupations Code, §51.4011. A summary of each amendment was included in the notice of proposed rules published in the November 11, 2011, issue of the Texas Register (36 Tex Reg 7636). The proposed amendments to §67.25 clarify that a person whose license is on inactive status does not need to complete continuing education until the license status is changed to ‘active’. The proposed amendments to §67.80 set a fee of $25 to change to ‘active’ status.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed amendments were published in the Texas Register on November 11, 2011. The 30-day public comment period closed on December 12, 2011. The Department received public comments from three interested parties: (1) Beaumont Dealers Auction, Inc. (2) Auction Management Corporation, and (3) an individual licensed auctioneer. The comments are summarized below, together with the Department’s responses.

Two of the commenters, Auction Management Corporation and the individual licensee, expressed their support for the amendments. Beaumont Dealers Auction, Inc. expressed concern about House Bill 2519, 82nd Legislature, (2011), and had a question regarding a licensed auctioneer’s ability to perform auctions for an automobile dealer. This bill amended Texas Occupations Code, Chapter 1802 with respect to auctioneers and their ability to perform auctions for auction houses. It is not relevant to the subject matter of these proposed amendments.

The Commission agrees the comment is not relevant to the subject matter of the proposed amendments. Staff will respond to Beaumont Dealers Auction, Inc. and explain the effect of the bill’s changes to the statute.

The process of placing a license on inactive status will not place an undue burden of cost on the licensee or agency. The fee to return to ‘active’ is $25, and it will be presumed the licensee will be working and earning fees while they are active. The licensees requested that these rules be adopted.

The amended rules are adopted under Texas Occupations Code, Chapters 51 and 1802, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter or a law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1802. No other statutes, articles, or codes are affected by the adoption.

§67.25. Continuing Education.

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

(b) To renew a license as an auctioneer or associate auctioneer, a licensee must complete six hours of continuing education in courses approved by the department, including two hours of instruction in laws and rules that regulate the conduct of auctioneers and associate auctioneers.

(c) The continuing education hours must have been completed within the term of the current license, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one year period immediately prior to the date of renewal.

(d) A licensee may not receive continuing education credit for attending the same course more than once.

(e) A licensee shall retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.

(f) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:

(1) Texas Occupations Code, Chapter 1802, Auctioneers;

(2) Title 16, Texas Administrative Code, Chapter 67, Auctioneers Administrative Rules;

(3) other laws and rules that regulate the conduct of auctioneers and associate auctioneers;

(4) auction-related laws, such as the Uniform Commercial Code - Sales, Title 1, Chapter 2, Texas Business and Commerce Code §2.328 and the Deceptive Trade Practices - Consumer Protection Act, Chapter 17, Subchapter E, Texas Business and Commerce Code; or

(5) business practices, such as insurance, auction ethics, contracts, maintenance of trust accounts, and marketing.

(g) This section shall apply to providers and courses for auctioneers and associate auctioneers upon the effective date of this section.

(h) This section shall apply to auctioneer and associate auctioneer licenses issued under Texas Occupations Code, Chapter 1802, Subchapter B that expire on or after January 1, 2006.

(i) A licensee whose license has been placed on inactive status, pursuant to Texas Occupations Code, §51.4011 is not required to complete continuing education as required by this section until the licensee seeks to change to ‘active’ status.

§67.80. Fees.

(a) The application fee for an auctioneer license is $50.

(b) The application fee for an associate auctioneer license is $25.

(d) The annual application fee to renew an associate auctioneer license is $25.

(e) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(f) Inactive License Status--Auctioneer and Associate Auctioneer

(1) The fee to place a license on ‘inactive’ status--no charge.

(2) The fee to renew a license on ‘inactive’ status--renewal fee as stated in subsection (c) or (d).

(3) The fee to change from ‘inactive’ status to ‘active status’ is $25.

(g) A $25 fee will be charged for issuing a duplicate license.

(h) A $50 fee will be charged for each examination.

(i) A $500 curriculum review fee will be assessed to all schools submitting their curriculum for review and approval by the department.

(j) The initial recovery fund fee is $50.

(k) All fees are non refundable.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on April 10, 2012.

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

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