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News and Updates

Call for Subject Matter Experts (SMEs) to Participate in the Development of the Texas Auctioneer Licensing Examination

The Texas Department of Licensing and Regulation (TDLR) is looking for SMEs to serve on the Auctioneer Examination Review Committee (ERC).

The ERC creates, updates, evaluates, and references exam content.

Participation of knowledgeable SMEs will ensure the validity of the Texas Auctioneer Licensing Exam.

To qualify, you must hold a valid Texas Auctioneer License.

Participants must be willing to sign a confidentiality document agreeing not to disclose examination content, materials, or discussions.

Please know, our first meeting may be scheduled as early as the first week of December.

To apply for appointment to the Auctioneer Examination Review Committee, please complete and submit the application form (MS Word) to TDLR. The deadline to submit an application is October 26, 2018.

Notice of Intent to Review Rules

The Texas Department of Licensing and Regulation (Department) is reviewing the Auctioneers program rules (Title 16, Texas Administrative Code, Chapter 67) for re-adoption, revision, or repeal.

The Department will determine whether the reasons for adopting or readopting these rules continue to exist by answering the following questions for each rule:

  • Is it obsolete?
  • Does it reflect current legal and policy considerations?
  • Is it in alignment with the current procedures of the Department?

The Department encourages anyone interested in the Auctioneers program to review the Notice of Intent and current Chapter 67 rules online. Comments may be submitted by email to erule.comments@tdlr.texas.gov

Deadline for comments: September 24, 2018

Important Information About the Auctioneer Recovery Fund

Reminder: The Auctioneer Education and 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. To ensure compliance with Auctioneer law and rules, TDLR reviews the balance of the Auctioneer Education and Recovery Fund each year to determine if additional fees are needed to maintain the fund’s minimum balance of $350,000.

If the balance in the fund on December 31 is less than $350,000, each license holder is required by Auctioneer law to pay an additional $50 fee at their next license renewal (or a pro rata share of the amount necessary to obtain a balance in the fund of $350,000).

If the additional $50 fee is assessed, it is automatically added to the license renewal fee.

For 2018, the fund balance on December 31, 2017 was $321,709.98, requiring TDLR to assess the additional $50 fee for each renewal in 2018.

Questions? Contact TDLR at CS.Auctioneers@tdlr.texas.gov

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.

House Bill 3215

House Bill 3215, 85th Legislative Session (Regular), became effective September 1, 2017. It does not change the Auctioneer licensing law or rules, but it does make some changes to Section 503.024, Texas Transportation Code regarding whether a person is considered to be acting as a dealer.

The bill provides that a person is not considered to be engaging in business as a dealer if they sell five or more vehicles to any person, if the vehicles were acquired for personal or business use, if the sale is made through a licensed auctioneer, and if the sale is not to circumvent or otherwise avoid a requirement of Chapter 503, Transportation Code.

Additionally, the bill provides that a licensed auctioneer is not engaging in business as a dealer by conducting the sale of a business that holds the title to any number of vehicles.

This law is enforced by the Texas Department of Motor Vehicles.


Advisory Board Meetings

Previous Meeting - October 15, 2018

The Auctioneer Advisory Board met October 15, 2018 in Austin. The agenda and staff reports (PDF) are available online. The meeting was archived and is available on TDLR's YouTube channel.


House Bill 2481 Frequently Asked Questions

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 took 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. Due to HB 2481 the Auctioneer Program looks 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: cs.auctioneers@tdlr.texas.gov.

1. What are the requirements for an Associate Auctioneer license?

To be eligible for an Associate Auctioneer’s license you must:

  • Be a citizen of the United States or a legal alien;
  • Hold a high school diploma or a high school equivalency certificate; and
  • Be employed under the direct supervision of a licensed Auctioneer.

2. 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?

Yes.

3. 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.)

4. When can I apply for an Associate Auctioneer license?

Applications will be available on our website no later than February 1, 2016. To receive the most up to date information, sign up for our Email updates.

5. Can I get the same license number I previously held as an Associate Auctioneer?

Yes, you will be issued the same license number.

The Auctioneers FAQs are a great resource to answer many questions about the auctioneer’s law and rules, education and licensing questions, as well as general information.

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. Please see the Frequently Asked Questions page for further information.

Auctioneer license on-line renewal - A renewal form is mailed approximately 65 days prior to the license expiration date. You can renew your license online and pay with a credit card.

Need a replacement license? You can also order a duplicate license online.

For more information about the TDLR Auctioneers program, contact TDLR at CS.Auctioneers@tdlr.texas.gov or 800-803-9202. Also, you can sign up to receive TDLR Email Updates to be notified about any further changes or updates to the Auctioneer Program.