Auctioneers Frequently Asked Questions
HOUSE BILL 2481
HOW TO OBTAIN AN ASSOCIATE AUCTIONEER LICENSE
HOW TO OBTAIN AN AUCTIONEER LICENSE
OAG DENIAL OF LICENSE RENEWAL
EDUCATION AND EXAMINATION
COMMUNICATING WITH TDLR
The Frequently Asked Questions (FAQs) below have been updated to reflect some of the changes to Chapter 1802, Texas Occupations Code (Auctioneers Law),as a result of the 84th Texas Legislature enacting House Bill 2481. These changes are significant and take effect on September 1, 2015. We will continue to add to the FAQs as we implement the bill and adopt rules to keep you informed about updates to the Auctioneer Program. After HB 2481 becomes effective the Auctioneer Program will look much like it did just prior to June 14, 2013. Some of the most significant changes to the Law include:
- reinstating the Associate Auctioneer Program as a path to gain auction experience that can be used in lieu of taking an examination to become a licensed auctioneer,
- clarifying that an auctioneer license is only needed to conduct live bid auctions,
- removing reference to regulating auctions over the Internet, and
- renaming the Auctioneer Education Advisory Board to the Auctioneer Advisory Board to reflect the wider range of advice provided by the Board to TDLR and the Texas Commission of Licensing and Regulation.
If you have questions about the Auctioneer Program please contact us at: firstname.lastname@example.org.
All persons licensed by TDLR can be located in TDLR’s licensing database
Yes, if the auction house or auction company is owned by an auctioneer licensed in Texas. If the auction house or auction company is not owned by a licensed auctioneer, a licensee may also conduct the auction if the auction house or auction company employs a licensed auctioneer or has a licensed auctioneer in a management capacity.
Yes, under certain conditions. Section 1802.052 (c) of the Occupations Code states that an auctioneer may perform public motor vehicle auctions for a Motor Vehicle Dealer who holds a valid General Distinguishing Number issued by the Texas Department of Motor Vehicles (DMV).
For other information regarding the Texas Department of Motor Vehicles, go to the DMV website.
Every career school or college desiring to operate in this state or do business in this state shall make written application to the Texas Workforce Commission, Career Schools and Veterans Education Section at (512) 936-3100 or at http://propschools.texasworkforce.org.
Career schools or colleges 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 a copy of the program outline.
If the school is exempt or is not required to apply with the Texas Workforce Commission, they may submit to the department the Auction School Registration form along with documentation stating they are exempt or are not required to be registered and a copy of the 80 hour auction school curriculum.
1. When can I apply for an Associate Auctioneer license?
Applications will be available on our website on February 1, 2016. To receive the most up to date information, sign up for our Email Updates.
2. What are the requirements for an Associate Auctioneer license?
To be eligible for an auctioneer’s license you must:
- Be a citizen of the United States or a legal alien; and
- Be employed under the direct supervision of a licensed Auctioneer.
3. How do I apply for an Associate Auctioneer license?
Download or print the Associate Auctioneer’s License Application on the Auctioneer’s forms webpage and complete the requirements.
4. What is the fee for applying for an Associate Auctioneer license?
The application fee is $75 which includes a $25 license fee and the $50 Recovery Fund fee.
5. If I held an Associate Auctioneer license prior to June 14, 2013, (when HB 3038 deregulated the Associate program), will I now be able to use this experience to gain an Auctioneer license?
6. If I held an Associate Auctioneer license previously, how do I apply for an Auctioneer License?
You will need to submit the following:
- Auctioneer Application;
- Employment Report Form completed by your licensed Auctioneer sponsor;
- Your tax ID number or letter of waiver;
- Proof of successful completion of 80 hours of classroom instruction; and
- The total fee of $100.00.
Forms are available on our website. (Note: You must have held your Associate Auctioneer license for at least two years in order to qualify for an Auctioneer license.)
7. Can I get the same license number I previously held as an Associate Auctioneer?
Yes. You will be issued the same license number.
8. Can I ask for a review of my criminal history before I apply for an Associate Auctioneer license to determine if TDLR would deny my license application based on my criminal history?
- Submitting a Criminal History Evaluation Letter form, and
- Paying a fee ($25.00).
TDLR will issue a criminal history evaluation letter within 90 days of receiving a complete request.
To be eligible for an auctioneer’s license you must:
- Be at least 18 years of age;
- Be a citizen of the United States or a legal alien;
- Hold a high school diploma or a high school equivalency certificate;
- Not have been convicted of a felony within five years of the application date;
- Have completed 80 hours of classroom instruction at an Auction school approved by TDLR; and
- Pass an Auctioneer licensing examination OR
- You may be exempt from taking the Auctioneer examination by providing proof of being employed by an Auctioneer for two (2) years and have participated in at least ten (10) auctions during that employment period. However, you will still need to meet all of the requirements listed above, including going to a TDLR approved auction school.
- Download or print the Auctioneer’s License Application and complete the requirements.
- Upon acceptance of your application, fee and supporting documents, TDLR will authorize you to take the Auctioneer’s licensing examination. Information about the examination and locations are in the Candidate Information Bulletin (CIB).
The application fee is $100 which includes a $50 license fee and the $50 Recovery Fund fee.
Yes you may, if TDLR has reciprocity with the state you are licensed in and you reside in the state from which you are requesting reciprocity. Please see Section 1802.059 of the law for the additional requirements for completing an application by reciprocity.
No, you do not need to be bonded or post financial security with TDLR, but you will pay $50 into the Auctioneer's Recovery Fund which is included in the $100 application fee.
If you are responsible for collecting Texas sales tax on the auctioned items, you need to get an individually issued tax ID number. This number is obtained through the Texas Comptroller of Public Accounts Office and will match your social security number. If you work for a company and the company is responsible for collecting the taxes or you are exempt from collecting taxes, a letter of exemption must be provided. This letter is also issued by the Texas Comptroller of Public Accounts’ Office. The letter states that you are not the one responsible for collecting the taxes or are exempt from collecting taxes. To obtain either the tax ID number or the exemption letter, call 800-252-5555.
- Submitting a Criminal History Evaluation Letter form, and
- Paying a fee ($25.00).
TDLR will issue a criminal history evaluation letter within 90 days of receiving a complete request. NOTE: The Auctioneer law requires that all applicants must have not been convicted of a felony during the five years preceding the date of the application/
The Child Support Division (CSD) sends these notices. Contact CSD at (800) 252-8014.
Office of the Attorney General’s Child Support Division records show you have not made a payment in more than 6 months.
You may not use your license after the expiration date on the license. However, you may work between the date you receive the nonrenewable notice and the expiration date on the license.
Contact the Office of the Attorney General’s Child Support Division (CSD) to settle payment of any amounts you may owe and to change the nonrenewable status of your license. Contact CSD at (800) 252-8014.
First, contact the Office of the Attorney General’s Child Support Division at (800) 252-8014 to resolve payment of any amounts you may owe and obtain a release. Then, apply with the Texas Department of Licensing and Regulation for renewal of your license.
You may not apply for renewal of your license until the Department of Licensing and Regulation receives a release from the Child Support Division of the Office of the Attorney General.
If you haven’t received a release from the Child Support Division of the Office of the Attorney General approximately 65 days before the expiration of your license, you will receive a notice from the Department that you need to get a release from the Child Support Division in order to apply to the Department for license renewal. You may not use your license after the expiration date on the license.
License holders have 365 days from the expiration date to apply for license late renewal. License holders who are barred from license renewal due to past-due child support must obtain a release from the Child Support Division of the Office of the Attorney General and apply for renewal within the 365-day period. Otherwise, the license cannot be late renewed.
Yes, unless you are applying through reciprocity, you must have 80 hours of classroom instruction on specific topics relating to the business of auctioneering. The hours must be completed through a TDLR approved auction school.
Yes, auctioneer exam information can be found on the auctioneer exam information page. Also, exam locations and information can be found in the Candidate Information Bulletin (CIB) provided by our testing center, PSI Services.
Yes, these publications are the study guides for the auctioneer examination.
- TDLR Auctioneer Study Guide (404KB PDF file)
- Texas Law, Texas Auctioneer Occupation Code, Chapter 1802
- Texas Rules, Title 16 Texas Administrative Code, Chapter 67
No, a sample or practice test is not available.
A minimum score of 75% is required to pass. You are allowed to take the exam twice during the one year application period. If you fail the exam twice within the one year application period, you may not re-apply until one year from the date of the second exam failure. You will need to contact PSI to schedule to re-take an exam at www.psiexams.com or 1-800-733-9267.
Yes, but you need to cancel your appointment 2 days before the schedule examination date. You can cancel using the PSI website or by phone at 1-800-733-9267.
To renew your license, click on “Apply for or Renew a License” on TDLR’s home web page and go through the online process to renew your license. If you have not met the continuing education requirements, your renewal license will not print until the continuing education requirements are met.
Please see the “Fees” schedule in §67.80 of the Auctioneer Rules.
Note: Each year the Auctioneer Education and Recovery Fund is reviewed and the Department determines if additional fees are needed to maintain the balance of $350,000. If a fee is assessed it will automatically be added to the license renewal fee. This fee will be based on license expiration dates and changes on a yearly basis.
Further information is located in the Auctioneer rules in Section 67.40.
Yes, please see the “Late Renewal” fee schedule in §67.80 of the Auctioneer Rules and remember that once your license has expired, you may not act as an auctioneer until you have been issued a renewed license.
Complete the “Auctioneer Request for a Change in License Status” form.
To remain inactive you are still required to renew your license annually; however, continuing education is not required if your license is inactive. There is no fee for the license to be placed inactive. However, there is a $25 fee to place your license back on active status unless you are renewing your license and wish to go active at the same time. In that case, you would not have to pay the $25 fee to change your license back to active status.
Complete the “Auctioneer Request for a Change in License Status” form, submit a fee of $25 (unless you’re changing as part of renewing), and complete the required 6 hours of continuing education.
- What is required to renew my TDLR auctioneer license besides submitting my renewal application and renewal fee?
- Should I wait to submit my license renewal application until after I have completed my six hours of continuing education?
- Where can I locate auctioneer continuing education provider and course information?
- What is the actual amount of instruction time required for one hour of continuing education?
- There are no continuing education classroom courses in my area. Are other course delivery methods available?
- What must I do if I have already taken a continuing education course, but that provider is not on TDLR’s web site list of registered providers?
- Who notifies TDLR that I have completed a required continuing education course?
- How will I be notified that I have completed a required continuing education course?
- Can I get partial credit for completing part of a required continuing education course?
- Are licensees who take a distance learning continuing education courses (for example: online or computer course) monitored?
- Will I be able to go to TDLR’s web site and look up my completed continuing education hours?
- What can I do if my completed continuing education hours are not posted on the TDLR web site?
- What should I do if I don’t receive a certificate for my completed continuing education course?
- If I am a licensee and an instructor for an approved continuing education course, can I get my continuing education hours while teaching that course?
- Will college course hours count towards continuing education for license renewal?
- How long must I keep a copy of my continuing education certificate of completion?
Each auctioneer is required to complete six hours of continuing education to renew his/her license, including two hours of instruction covering the laws and rules that regulate conduct.
Continuing education hours must be completed within the period of the license. (Example: if the license is effective from June 1, 2004 to June 1, 2005, the hours must be completed during that period only. A course taken in April 2004 is not within the license period, and will not count for the required continuing education hours.)
No. You may file your renewal application at any time during your renewal period. We encourage you to file the application early so your license won’t expire and you won’t have to pay late renewal fees.
You can find TDLR auctioneer continuing education provider and course information on TDLR’s Auctioneers web site under “Registered CE Providers for Auctioneers.” This list is updated as new providers are registered and courses are approved.
One hour of continuing education is equivalent to 50 minutes of actual instruction time.
Yes, you can find computer and internet continuing education courses on TDLR’s web site under “Registered CE Providers for Auctioneers.” This list is updated as new providers are registered and courses approved.
If the course you took was not from a registered TDLR provider (or was not an approved course), it will not count toward your required hours for license renewal. You must select from registered providers and approved courses; they can be found on TDLR’s Auctioneer web site under “Registered CE Providers for Auctioneers”.
Providers are required to submit to TDLR your continuing education course completion information. If you have taken a course from one or more providers, each provider must send that information to TDLR and also issue you a certificate of course completion.
TDLR will make the provider course completion information available on the web site for your review and you can check the CE courses you have completed. If you have a question about the information posted on the web site, please check first with the provider. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail email@example.com.
Your provider will issue you a course completion certificate. If you have questions, please contact your provider first. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail firstname.lastname@example.org.
No. TDLR does not accept partial completion of a continuing education course. However, a provider may allow you to finish the course at another time. When the course is fully completed, the provider will send the completion record to TDLR.
Yes. TDLR requires the provider to monitor licensee attendance for all courses, including computer-based and online courses. If a licensee does not meet the provider’s monitoring requirements, credit for continuing education hours will not be given.
Yes. You can check your records of completed CE hours from TDLR’s web site.
If your course completion is not posted seven days after you completed the course, contact your provider first. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail email@example.com.
If you do not receive your course completion certificate within 15 days from the end of your course, please check first with your provider. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail firstname.lastname@example.org.
Instructors who are licensees may arrange with the provider to get continuing education hours for that portion of the course which the instructor taught. However, if the instructor does not teach the entire course, the instructor must attend the remainder of the course to obtain credit for the whole course. No partial course credit is allowed.
Courses which are not approved by TDLR as continuing education courses cannot be used for license renewal. If the college course is a TDLR approved continuing education course, then the course hours can be used for license renewal. However, the courses must be taken during the period of the license being renewed. (See question and answer #1.)
Licensees are required to keep a copy of the continuing education certificate for one year after the date of course completion
Sign up to receive TDLR email notices. We will also then email you notices of any scheduled Auctioneer Advisory Board meetings.
Direct all of your questions and comments to CS.Auctioneers@tdlr.texas.gov. E-mail is the most efficient method of communication with TDLR .
Texas Department of Licensing and Regulation:
· Physical Address: 920 Colorado, Austin, Texas 78701
· Mailing Address: P.O. Box 12157, Austin, Texas 78711
· Telephone: (512) 463-6599 or Toll-Free (in Texas): 800-803-9202
· Fax: (512) 475-2871
· Relay Texas-TDD: (800) 735-2989
To file a complaint, you may download the Complaint Form from our website at www.tdlr.texas.gov/auction/aucforms.htm. This same form is used whether or not the person you are filing the complaint against is licensed or unlicensed.
A consumer who deals with an auctioneer licensed by TDLR, and who has a claim against a licensed auctioneer as a result of a violation of a contract made with the auctioneer, may initiate a claim against the auctioneer by filing a complaint as in #1 above. If it is ordered that a claim is to be paid, the claim is limited to $15,000 to a single party. The total payment of all claims by more than one party arising from one auction at one location, regardless of the length of the auction, may not exceed $30,000. The total payment of claims against a single auctioneer may not exceed $30,000.