2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter A. General Provisions › Section 1802.002. Applicability

Sec. 1802.002.  APPLICABILITY.  (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 foreclosure auction involving the sale of real property personally conducted by a trustee or substitute trustee under a security instrument;
(5)  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;
(6)  a sale conducted by sealed bid without the option of increasing or decreasing the amount of a bid;
(7)  an auction conducted only for student training purposes as part of a course of study approved by the department;
(8)  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;
(9)  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;
(10)  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;
(11)  a sale or auction conducted by an auctioneer while the auctioneer is physically located outside of this state;
(12)  a sale of motor vehicles at auction by a person licensed under Chapter 2301 or 2302;
(13)  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; or
(14)  an auction of property through the Internet.
(b)  This chapter applies to a sealed bid auction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.044, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.352, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 201 (H.B. 365), Sec. 1, eff. May 24, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 2, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1230 (S.B. 1982), Sec. 1, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 14.002, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1012 (H.B. 1470), Sec. 3, eff. September 1, 2017.