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AN ACT
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relating to the exemption from regulation of certain charitable, |
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religious, or civic organizations engaged in auction activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1802.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1802.002. APPLICABILITY. This chapter does not apply |
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to: |
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(1) a sale conducted by order of a United States court |
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under Title 11, United States Code; |
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(2) a sale conducted by an employee of the United |
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States, this state, or a political subdivision of this state in the |
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course and scope of employment; |
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(3) a sale conducted by a charitable, religious, or |
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civic [or nonprofit] organization, including an organization |
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having a tax exempt status under Section 501(c), Internal Revenue |
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Code of 1986, or organized as a nonprofit entity, if the person |
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organizing, arranging, or conducting the auction [auctioneer] |
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receives no compensation; |
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(4) a sale conducted by an individual of the |
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individual's property if the individual is not engaged in the |
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business of selling property as an auctioneer on a recurring basis; |
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(5) a foreclosure sale of real property personally |
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conducted by a trustee under a deed of trust; |
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(6) a foreclosure sale of personal property personally |
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conducted by: |
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(A) a person who holds a security interest in the |
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property, including a mortgage; or |
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(B) an employee or agent of a person described by |
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Paragraph (A) acting in the course and scope of employment, if: |
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(i) the employee or agent is not otherwise |
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engaged in the auction business; and |
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(ii) all property for sale in the auction is |
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subject to a security agreement; |
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(7) a sale conducted by sealed bid; |
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(8) an auction conducted only for student training |
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purposes as part of a course of study approved by the executive |
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director for auctioneers; |
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(9) an auction conducted by a posted stockyard or |
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market agency as defined by the federal Packers and Stockyards Act |
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(7 U.S.C. Section 181 et seq.), as amended; |
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(10) an auction of livestock conducted by a nonprofit |
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livestock trade association chartered in this state, if the auction |
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involves only the sale of livestock owned by members of the trade |
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association; or |
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(11) an auction conducted by a charitable or nonprofit |
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organization chartered in this state, if the auction: |
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(A) is part of a fair that is organized under |
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state, county, or municipal authority; and |
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(B) involves only the sale of property owned by |
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the organization's members. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 365 was passed by the House on March |
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28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 365 was passed by the Senate on May |
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10, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |