reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.252. Discretionary License Suspension or Revocation: Grounds

Sec. 1704.252.  DISCRETIONARY LICENSE SUSPENSION OR REVOCATION:  GROUNDS.  After notice and hearing, a board may revoke or suspend a license if the license holder:
(1)  violates this chapter or a rule adopted by the board under this chapter;
(2)  fraudulently obtains a license under this chapter;
(3)  makes a false statement or misrepresentation:
(A)  in an application for an original or renewal license;  or
(B)  during a hearing conducted by the board;
(4)  refuses to answer a question submitted by the board during a hearing relating to the license holder's license, conduct, or qualifications;
(5)  is finally convicted under the laws of this state, another state, or the United States of an offense that:
(A)  is a misdemeanor involving moral turpitude or a felony;  and
(B)  is committed after August 27, 1973;
(6)  is found by a court to be bankrupt or is insolvent;
(7)  is found by a court to be mentally incompetent;
(8)  fails to pay a judgment in accordance with Section 1704.204;
(9)  pays commissions or fees to or divides commissions or fees with, or offers to pay commissions or fees to or divide commissions or fees with, a person or business entity not licensed under this chapter;
(10)  solicits bonding business in a building in which prisoners are processed or confined;
(11)  recommends to a client the employment of a particular attorney or law firm in a criminal case;
(12)  falsifies or fails to maintain a record required under this chapter;
(13)  fails to promptly permit the board, or a representative or an agent of the board, of the county in which the license holder is licensed to inspect a record required under this chapter;
(14)  acts as a bail bond surety under a suspended or expired license;
(15)  fails two or more times to maintain the amount of security required by Section 1704.160;  or
(16)  misrepresents to an official or an employee of the official the amount for which the license holder may execute a bail bond for purposes of obtaining the release of a person on bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.253. Mandatory License Suspension or Revocation: Grounds

Sec. 1704.253.  MANDATORY LICENSE SUSPENSION OR REVOCATION:  GROUNDS.  (a)  A board shall immediately suspend a license if the license holder fails to maintain the amount of security required by Section 1704.160.  A board is not required to provide notice or a hearing before suspending a license under this subsection.  A license suspended under this subsection shall be immediately reinstated if the license holder deposits or executes the amount of security required by Section 1704.160.
(b)  After notice and hearing as provided by Section 1704.254, a board shall revoke a license if:
(1)  the license holder fails to pay a judgment in accordance with Section 1704.204;  and
(2)  the amount of security maintained by the license holder under Section 1704.160 is insufficient to pay the judgment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.2535. Failure to Pay Final Judgment by Bail Bond Surety

Sec. 1704.2535.  FAILURE TO PAY FINAL JUDGMENT BY BAIL BOND SURETY.  (a)  The board or its authorized representative shall immediately notify the sheriff if a bail bond surety fails to pay a final judgment of forfeiture as provided by Section 1704.204(a).
(b)  After receiving notification, the sheriff may not accept any bonds from the bail bond surety until the surety pays the judgment.
(c)  The bail bond surety's privilege to post bonds is reinstated when the bail bond surety pays the judgment.
(d)  A board is not required to provide notice or a hearing before making the notification required by this section.
Added by Acts 2003, 78th Leg., ch. 942, Sec. 23, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.254. Notice and Hearing

Sec. 1704.254.  NOTICE AND HEARING.  (a)  Notice of a hearing to suspend or revoke a license under this chapter must:
(1)  be sent by certified mail to the last known address of the license holder not later than the 11th day before the date of the hearing;
(2)  state each alleged violation of this chapter;  and
(3)  include a copy of any written complaint on which the hearing will be based.
(b)  The hearing is limited to each alleged violation stated in the notice.
(c)  During the hearing, the license holder:
(1)  is entitled to an opportunity to be heard;  and
(2)  may present and cross-examine witnesses.
(d)  The hearing must be recorded.  A license holder may obtain a copy of the record on request and payment of the reasonable costs of transcription.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 24, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.255. Appeal; Venue

Sec. 1704.255.  APPEAL;  VENUE.  (a)  An applicant or a license holder may appeal an order of a board denying an application for a license or renewal of a license, or suspending or revoking a license, by filing a petition in a district court in the county not later than the 30th day after the date the person receives notice of the denial, suspension, or revocation.
(b)  An appeal filed under this section is an action against the board.  An applicant or a license holder may not bring the action against an individual board member.
(c)  The board may not assert a reason on appeal for an action by the board that differs from the reasons specified in the board's notice of hearing under Section 1704.254.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 25, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.256. Standard of Judicial Review

Sec. 1704.256.  STANDARD OF JUDICIAL REVIEW.  Judicial review of an appeal filed under Section 1704.255 is by trial de novo in the same manner as an appeal from a justice court to a county court.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.257. Effect of Board Order

Sec. 1704.257.  EFFECT OF BOARD ORDER.  (a)  A board order denying an application for a license or renewal of a license, or suspending or revoking a license, becomes final on the 31st day after the date the applicant or license holder receives notice of the order unless the applicant or license holder files an appeal under Section 1704.255.
(b)  A board order appealed under Section 1704.255 has full force and effect pending determination of the appeal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter G. Prohibited Conduct and Criminal Penalties › Section 1704.301. Return of Security

Sec. 1704.301.  RETURN OF SECURITY.  A bail bond surety may not hold security for the payment of a bail bond fee or to assure the principal's appearance in court for more than 30 days after the date on which the owner of the security:
(1)  requests return of the security in writing;  and
(2)  submits to the bail bond surety written evidence of the conclusion of:
(A)  the payment agreement;  or
(B)  all of the criminal cases for which the security was given.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 26, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter G. Prohibited Conduct and Criminal Penalties › Section 1704.302. Prohibited Referrals of or Employments With Bonding Business; Offense

Sec. 1704.302.  PROHIBITED REFERRALS OF OR EMPLOYMENTS WITH BONDING BUSINESS;  OFFENSE.  (a)  A person in the bonding business may not directly or indirectly give, donate, lend, or contribute, or promise to give, donate, lend, or contribute, money or property to an attorney, police officer, sheriff, deputy, constable, jailer, or employee of a law enforcement agency for the referral of bonding business.
(b)  A person may not accept or receive from a license holder money, property, or any other thing of value as payment for the referral of bonding business unless the records of the board show that the person is an agent or employee of the license holder.
(c)  A person may not accept or receive from a license holder money, property, or any other thing of value as payment for employment with a bonding business if, within the preceding 10 years, the person has been convicted of a misdemeanor involving moral turpitude or of a felony.
(d)  A person commits an offense if the person violates this section.  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter G. Prohibited Conduct and Criminal Penalties › Section 1704.303. Bail Bond Surety Activity; Offense

Sec. 1704.303.  BAIL BOND SURETY ACTIVITY;  OFFENSE.  (a)  A person required to be licensed under this chapter may not execute a bail bond unless the person holds a license issued under this chapter.
(b)  A person may not advertise as a bail bond surety in a county unless the person holds a license issued under this chapter by a bail bond board in that county.  A person does not violate this subsection if the person places an advertisement that appears in more than one county and:
(1)  the advertisement clearly indicates the county or counties in which the person holds a license issued under this chapter;  and
(2)  any local telephone number in the advertisement is a local number only for a county in which the person holds a license issued under this chapter.
(c)  A person commits an offense if the person violates this section.  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 14, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1461, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 27, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter G. Prohibited Conduct and Criminal Penalties › Section 1704.304. Prohibited Recommendations or Solicitations; Offense

Sec. 1704.304.  PROHIBITED RECOMMENDATIONS OR SOLICITATIONS;  OFFENSE.  (a)  A bail bond surety or an agent of a bail bond surety may not recommend or suggest to a person for whom the bail bond surety executes a bond the employment of an attorney or law firm in connection with a criminal offense.
(b)  The following persons may not recommend a particular bail bond surety to another person:
(1)  a police officer, sheriff, or deputy;
(2)  a constable, jailer, or employee of a law enforcement agency;
(3)  a judge or employee of a court;
(4)  another public official;  or
(5)  an employee of a related agency.
(c)  A bail bond surety or an agent of a bail bond surety may not solicit bonding business in a police station, jail, prison, detention facility, or other place of detainment for persons in the custody of law enforcement.
(d)  A person may not place a device in a place of detention, confinement, or imprisonment that dispenses a bail bond in exchange for a fee.
(e)  A person commits an offense if the person violates this section.  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter G. Prohibited Conduct and Criminal Penalties › Section 1704.305. Bail Bond Receipt and Inspection; Offense

Sec. 1704.305.  BAIL BOND RECEIPT AND INSPECTION;  OFFENSE.  (a)  A bail bond surety or an agent of a bail bond surety may not receive money or other consideration or thing of value from a person for whom the bail bond surety executes a bond unless the bail bond surety or agent issues a receipt to the person as provided by Subsection (b).
(b)  The receipt must state:
(1)  the name of the person who pays the money or transfers the consideration or thing of value;
(2)  the amount of money paid or the estimated amount of value transferred;
(3)  if the person transfers consideration or a thing of value, a brief description of the consideration or thing of value;
(4)  the style and number of the case and the court in which the bond is executed;  and
(5)  the name of the person receiving the money, consideration, or thing of value.
(c)  A bail bond surety or an agent of a bail bond surety shall retain a duplicate copy of a receipt issued under Subsection (a).  The copy of the receipt shall be made available for inspection by:
(1)  a representative of the board in any county in which the bail bond surety is licensed;  and
(2)  an appointed representative of a court in which the bail bond surety agrees to execute bail bonds.
(e)  A person commits an offense if the person violates this section.  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter G. Prohibited Conduct and Criminal Penalties › Section 1704.306. Records; Offense

Sec. 1704.306.  RECORDS;  OFFENSE.  (a)  A person commits an offense if the person falsifies a record required to be maintained under this chapter.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter A. General Provisions › Section 1801.001. Definitions

Sec. 1801.001.  DEFINITIONS.  In this chapter:
(1)  "Commission merchant" means a person engaged in the business of selling any goods on consignment and for a commission.
(2)  "Goods" includes produce, wares, merchandise, sugar, and cotton.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter A. General Provisions › Section 1801.002. Application of Chapter

Sec. 1801.002.  APPLICATION OF CHAPTER.  A commission merchant shall meet the requirements of this chapter except to the extent that the person's business as a commission merchant is regulated by another provision of law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter B. Bond › Section 1801.051. Bond Required

Sec. 1801.051.  BOND REQUIRED.  A commission merchant shall file a bond with the county judge of each county in which the commission merchant maintains an office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter B. Bond › Section 1801.052. Bond Terms and Conditions

Sec. 1801.052.  BOND TERMS AND CONDITIONS.  (a)  A bond filed under this subchapter must:
(1)  be in the amount of $3,000;
(2)  be conditioned on the commission merchant performing duties required by Subchapter C, except Sections 1801.103(a), (c), and (d);  and
(3)  be payable to the county judge of each county in which the commission merchant maintains an office as trustee for any person who may be entitled to recover under the bond.
(b)  The bond must be made with:
(1)  a solvent surety company doing business in this state;  or
(2)  two or more good and sufficient sureties, each of whom:
(A)  is a resident of this state;  and
(B)  makes an affidavit stating that the surety has assets, not subject to exemption, that are at least equal to the amount of the bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter B. Bond › Section 1801.053. Bond Approval

Sec. 1801.053.  BOND APPROVAL.  The bond must be approved by the county judge of each county in which the commission merchant maintains an office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter B. Bond › Section 1801.054. Recording of Bond

Sec. 1801.054.  RECORDING OF BOND.  The county judge shall file the bond with the county clerk in the same manner as an instrument to perfect a security interest under Chapter 9, Business & Commerce Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter B. Bond › Section 1801.055. Suit on Bond

Sec. 1801.055.  SUIT ON BOND.  (a)  A person damaged by a breach of a condition of the bond may bring suit and recover under the bond.
(b)  The suit shall be filed in the county in which the bond is filed.
(c)  A bond is not void on first recovery and may be sued on until the total amount is exhausted.
(d)  If the amount of the bond is reduced to $1,500 or less, the commission merchant shall file a new bond in an amount equal to $3,000. The new bond is liable for all future contracts entered into by the commission merchant and a consignor.
(e)  A commission merchant who does not file a new bond under Subsection (d) may not do business in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter C. Commission Merchant Duties › Section 1801.101. Contract Performance

Sec. 1801.101.  CONTRACT PERFORMANCE.  A commission merchant shall perform all contracts with a consignor of goods.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter C. Commission Merchant Duties › Section 1801.102. Sale of Goods

Sec. 1801.102.  SALE OF GOODS.  On shipment of a consignment, a commission merchant shall promptly receive and sell the goods under the terms of the consignment contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter C. Commission Merchant Duties › Section 1801.103. Statements and Receipts Regarding Consignment

Sec. 1801.103.  STATEMENTS AND RECEIPTS REGARDING CONSIGNMENT.  (a)  A person who consigns goods to a commission merchant shall send to the commission merchant a written statement stating the quantity, the quality or class, and the condition of the consigned goods.
(b)  On receipt of the statement, the commission merchant shall promptly notify the consignor of any objection the commission merchant has to the stated class, quality, or quantity and the condition of the consigned goods.  If the commission merchant fails to object, the statement is prima facie evidence of the class, quality, or quantity and the condition of the consigned goods.
(c)  On receipt by the commission merchant of the goods, the commission merchant shall give to the agent of the carrier delivering the goods a receipt for the goods.  The receipt must state the quality, quantity, grade, and condition of the goods.
(d)  The agent of the carrier shall keep the receipt on file in the carrier's office for six months from the date of receiving the receipt.  The receipt may be inspected by a person interested in the shipment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter C. Commission Merchant Duties › Section 1801.104. Accounting

Sec. 1801.104.  ACCOUNTING.  (a)  As soon as the goods are sold, the commission merchant shall send to the consignor a complete itemized account of the sale.
(b)  The itemized account must include the price received and the date of the sale.
(c)  If the commission merchant sells cotton, sugar, or other produce by weight, the itemized account must:
(1)  include the weight of the cotton, sugar, or other produce in gross and the tare allowed;  and
(2)  be accompanied by the certificate or memorandum of the weight and condition of the cotton, sugar, or other produce required by law, signed by the weigher who weighed the cotton, sugar, or other produce.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter C. Commission Merchant Duties › Section 1801.105. Remittance of Sale Proceeds

Sec. 1801.105.  REMITTANCE OF SALE PROCEEDS.  Not later than the fifth day after the date of the sale of consigned goods, a commission merchant shall send to the consignor the total amount received from the sale less the commission merchant's commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter D. Actions Against Commission Merchants › Section 1801.151. Requirement to Obtain Written License

Sec. 1801.151.  REQUIREMENT TO OBTAIN WRITTEN LICENSE.  (a)  A commission merchant must obtain the express written license from the owner or consignor of goods, or a person authorized by the owner or consignor, before the commission merchant may, directly or indirectly, purchase or reserve an interest in the consigned goods in the merchant's name or in the name or through the instrumentality of another, for the merchant's benefit or for the benefit of another, or as an agent of any other person.
(b)  On violation by a commission merchant of Subsection (a), the owner of the goods is entitled to recover from the commission merchant a penalty in an amount equal to half of the value of the goods.
(c)  An action for a penalty under Subsection (b) must be brought in the county in which:
(1)  the sale took place;  or
(2)  the commission merchant resides.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter D. Actions Against Commission Merchants › Section 1801.152. False Charges

Sec. 1801.152.  FALSE CHARGES.  (a)  A commission merchant may not charge for mending or patching, roping bales, cooperage or repairing bales, labor, hauling, cartage, storage, or marking or weighing unless the work is actually done.
(b)  A charge specifically describing work performed must be made on a bill regardless of any contrary usage or custom to make the charge by rate or average.
(c)  A person who violates this section is subject to a penalty of not less than $100 or more than $500. The owner or consignor may recover the penalty by filing suit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter D. Actions Against Commission Merchants › Section 1801.153. Sale Without Bond

Sec. 1801.153.  SALE WITHOUT BOND.  A person who sells any consigned goods for commission without first making and filing the bond required by Section 1801.051 shall be fined not less than $100 or more than $500.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1801 - Commission Merchants › Subchapter D. Actions Against Commission Merchants › Section 1801.154. Consignor's Remedies

Sec. 1801.154.  CONSIGNOR'S REMEDIES.  (a)  If a commission merchant fails to comply with a provision of Subchapter C, except Section 1801.103(a), (c), or (d), the commission merchant and the surety company or sureties required by Section 1801.052 are:
(1)  liable for all actual damages incurred by the consignor resulting from the failure;  and
(2)  subject to a penalty of not less than $100 or more than $500.
(b)  The consignor may recover the damages and penalty by filing suit for the actual damages and penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter A. General Provisions › Section 1802.001. Definitions

Sec. 1802.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Auctioneer Advisory Board.
(2)  "Associate auctioneer" means an individual who, for compensation, sells or offers to sell property at an auction under the direct supervision of a licensed auctioneer.
(3)  "Auction" means the sale of property by competitive bid using any method, format, or venue.
(4)  "Auction company" means a person who engages in the business of arranging, managing, sponsoring, advertising, or conducting auctions.
(5)  "Auctioneer" means any individual who sells or offers to sell property of another person by live bid at auction, with or without receiving consideration.
(6)  "Commission" means the Texas Commission of Licensing and Regulation.
(7)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 4.019(1);  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.351(a).
(8)  "Department" means the Texas Department of Licensing and Regulation.
(8-a)  "Executive director" means the executive director of the department.
(9)  "Fund" means the auctioneer education and recovery fund.
(10)  "Personal property" means any property other than real property.
(11)  "Real property" means land, including improvements, fixtures, and other property appurtenant to or used in connection with the land, and any other estate, interest, or legal or equitable right in the land, improvement, fixture, or appurtenant property.
(12)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 777 , Sec. 15, eff. September 1, 2015.
(13)  "Sealed bid auction" means a sealed bidding procedure that incorporates or allows for the competitive increasing or decreasing of bids after the opening of sealed bids.
(14)  "Security instrument," "substitute trustee," and "trustee" have the meanings assigned by Section 51.0001, Property Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.001, 4.019(1), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14.010, 14A.351, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 17, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 15, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1012 (H.B. 1470), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter A. General Provisions › Section 1802.003. Preemption

Sec. 1802.003.  PREEMPTION.  A political subdivision of this state may not levy on or collect from an auctioneer a license tax or fee as a regulatory or revenue measure or require the licensing of an auctioneer, if the auctioneer holds a license under this chapter and is in compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter A. General Provisions › Section 1802.004. Advertisement of Auction

Sec. 1802.004.  ADVERTISEMENT OF AUCTION.  The commission, by rule, may adopt standards for the advertisement of an auction by an auctioneer or associate auctioneer licensed under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter A. General Provisions › Section 1802.005. Rules

Sec. 1802.005.  RULES.  The commission shall adopt rules necessary to administer and enforce this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter B. License Requirements › Section 1802.051. License Required

Sec. 1802.051.  LICENSE REQUIRED.  (a)  A person may not act as an auctioneer or associate auctioneer in this state unless the person holds a license issued by the department under this chapter.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 15, eff. September 1, 2015.
(c)  Except as provided by Subsection (d), an individual who is licensed under this chapter may not act as an auctioneer or associate 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
(2)  is a real estate brokerage firm that is operated 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, for a person who holds:
(1)  a dealer general distinguishing number or a wholesale motor vehicle auction general distinguishing number issued under Subchapter B, Chapter 503, Transportation Code; or
(2)  a license issued under Subchapter C, Chapter 2302.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.045, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.353, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 325 (H.B. 2519), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 3, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 15, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1230 (S.B. 1982), Sec. 2, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 14.003, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter B. License Requirements › Section 1802.052. Eligibility for Auctioneer's License

Sec. 1802.052.  ELIGIBILITY FOR AUCTIONEER'S LICENSE.  (a)  An individual is eligible for an auctioneer's license if the individual:
(1)  is at least 18 years of age;
(2)  is a citizen of the United States or a legal alien;
(3)  either:
(A)  passes a written or oral examination demonstrating knowledge of the auction business and of the laws of this state relating to the auction business; or
(B)  shows proof of employment as a licensed associate auctioneer for at least two years and participation in at least 10 auctions during that employment;
(4)  holds a high school diploma or a high school equivalency certificate; and
(5)  has completed at least 80 hours of classroom instruction at an auction school with a curriculum approved by the department in accordance with the standards and procedures established by rule adopted under this chapter.
(b)  The department, as provided by rule, may charge an auction school a reasonable fee for approving the curriculum as required under Subsection (a)(5).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 395, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 4, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 5, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 400 (S.B. 1531), Sec. 5, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter B. License Requirements › Section 1802.053. Eligibility for Associate Auctioneer License

Sec. 1802.053.  ELIGIBILITY FOR ASSOCIATE AUCTIONEER LICENSE.  An individual is eligible for an associate auctioneer license if the individual:
(1)  is a citizen of the United States or a legal alien; and
(2)  works under the direct supervision of an auctioneer licensed under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 6, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter B. License Requirements › Section 1802.054. Application for License

Sec. 1802.054.  APPLICATION FOR LICENSE.  (a) An applicant for a license must apply to the department on a form and in a manner prescribed by the department.  The application must be accompanied by:
(1)  any fee required for the auctioneer education and recovery fund authorized under Section 1802.153;
(2)  the required application fee; and
(3)  either:
(A)  the permit number of a sales tax permit issued to the applicant by the comptroller under Subchapter F, Chapter 151, Tax Code; or
(B)  proof of exemption from the tax permit requirement under Chapter 151, Tax Code.
(b)  A nonresident applicant must submit with an application for a license under this chapter a written irrevocable consent to service of process. The consent must:
(1)  be in the form and supported by additional information that the commission by rule requires;
(2)  provide that an action relating to any transaction governed by this chapter may be commenced against the license holder in the proper court of any county of this state in which the cause of action may arise or in which the plaintiff may reside by service of process on the executive director as the license holder's agent; and
(3)  include a statement stipulating and agreeing that service provided by this section is as valid and binding as if service had been made on the person according to the laws of this or any other state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.046, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.354, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 5, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 7, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter B. License Requirements › Section 1802.055. Application for Examination

Sec. 1802.055.  APPLICATION FOR EXAMINATION.  An individual who meets the requirements for an auctioneer's license may apply to the department to take the license examination. The application must be accompanied by the application fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.047, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.355, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 8, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter B. License Requirements › Section 1802.056. License Examination

Sec. 1802.056.  LICENSE EXAMINATION.  (a)  The department shall prepare, recognize, administer, or arrange for the administration of a license examination designed to establish:
(1)  an applicant's general knowledge of the auction business;
(2)  the principles of conducting an auction; and
(3)  the laws of this state relating to auctioneers.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(1), eff. September 1, 2023.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(1), eff. September 1, 2023.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.048, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.356, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(1), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter B. License Requirements › Section 1802.058. Reexamination

Sec. 1802.058.  REEXAMINATION.  An applicant who fails the license examination may reapply to take the examination.  If the applicant fails the examination twice during a one-year period, the applicant may not reapply for one year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. Auctioneer Advisory Board › Section 1802.101. Auctioneer Advisory Board

Sec. 1802.101.  AUCTIONEER ADVISORY BOARD.  The advisory board shall advise the commission on educational matters, operational matters, and common practices within the auction industry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.003, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.359, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 6, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. Auctioneer Advisory Board › Section 1802.102. Appointment of Advisory Board; Membership; Eligibility

Sec. 1802.102.  APPOINTMENT OF ADVISORY BOARD;  MEMBERSHIP;  ELIGIBILITY.  (a)  The advisory board consists of seven members appointed as follows:
(1)  four members who are licensed auctioneers appointed by the presiding officer of the commission, with the commission's approval;
(2)  the administrative head, or the administrative head's designee, of any state agency or office that is selected by the commission; and
(3)  two public members.
(b)  In appointing advisory board members, the presiding officer of the commission shall consider the geographical diversity of the members.
(c)  Appointments to the advisory board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.004, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 457 (H.B. 2548), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1176 (H.B. 3278), Sec. 10, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 7, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. Auctioneer Advisory Board › Section 1802.103. Terms; Vacancies

Sec. 1802.103.  TERMS;  VACANCIES.  (a)  Advisory board members serve six-year terms that expire on September 1 of each odd-numbered year.  Members may not serve more than two consecutive terms.  If a vacancy occurs during the term of such a member, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to serve for the remainder of the term.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(4), eff. September 1, 2023.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.005, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 8, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 10, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(4), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. Auctioneer Advisory Board › Section 1802.104. Presiding Officer

Sec. 1802.104.  PRESIDING OFFICER.  The presiding officer of the commission, with the commission's approval, shall appoint a member of the advisory board to serve as presiding officer of the board.  The presiding officer serves for two years and may not serve more than two consecutive terms.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.006, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 9, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. Auctioneer Advisory Board › Section 1802.106. Compensation

Sec. 1802.106.  COMPENSATION.  A member of the advisory board may not receive compensation from the department for serving on the advisory board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 12, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. Auctioneer Advisory Board › Section 1802.107. Meetings

Sec. 1802.107.  MEETINGS.  The advisory board shall meet at the call of the presiding officer of the commission or the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 10, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. Auctioneer Advisory Board › Section 1802.108. Civil Liability

Sec. 1802.108.  CIVIL LIABILITY.  A member of the advisory board is not liable in a civil action for an act performed in good faith while performing duties as an advisory board member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. -1. Practice Standards › Section 1802.121. Written Contracts

Sec. 1802.121.  WRITTEN CONTRACTS.  (a)  An auctioneer who agrees to provide services to a person shall provide to the person a written contract with the terms of the agreement.
(b)  Each contract for the services of an auctioneer must  include information required by the commission by rule.
(c)  Before any auction, the  auctioneer and client must agree in writing to an itemized inventory of property to be sold or offered for sale by the auctioneer at auction. An amendment to the inventory must be in writing and signed by both parties.
Added by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter C. -1. Practice Standards › Section 1802.122. Standards of Practice

Sec. 1802.122.  STANDARDS OF PRACTICE.  The commission by rule shall adopt standards for the practice of auctioneers and associate auctioneers, including standards for:
(1)  the maintenance and use of a trust or escrow account for funds belonging or owed to another; and
(2)  required consumer notices.
Added by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter D. Auctioneer Education and Recovery Fund › Section 1802.151. Fund

Sec. 1802.151.  FUND.  The auctioneer education and recovery fund is a trust fund with the comptroller for the payment of claims against auctioneers licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter D. Auctioneer Education and Recovery Fund › Section 1802.152. Management of Fund

Sec. 1802.152.  MANAGEMENT OF FUND.
(a)  The department is the manager of the fund and shall maintain books and records of the fund.
(b)  The department, as manager, is entitled to compensation for reasonable and necessary costs and expenses for the management of the fund.  The department shall be compensated from the earnings from the fund.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.049, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.363, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter D. Auctioneer Education and Recovery Fund › Section 1802.153. Additional Fees

Sec. 1802.153.  ADDITIONAL FEES.  (a)  In addition to any other fees required by this chapter, an applicant entitled to receive a license under this chapter must pay a fee before the department issues the license.
(b)  If the balance in the fund on August 31 of a year is less than $350,000, each license holder at the next license renewal shall pay, in addition to the renewal fee, a fee that is equal to the greater of $50 or a pro rata share of the amount necessary to obtain a balance in the fund of $350,000.
(c)  The fees paid under this section shall be deposited in the fund.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.008, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.364, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 11, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 14, eff. September 1, 2023.