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  H.B. No. 365
 
 
 
 
AN ACT
  relating to the exemption from regulation of certain charitable,
  religious, or civic organizations engaged in auction activities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1802.002, Occupations Code, is amended
  to read as follows:
         Sec. 1802.002.  APPLICABILITY.  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 [or nonprofit] 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 [auctioneer]
  receives no compensation;
               (4)  a sale conducted by an individual of the
  individual's property if the individual is not engaged in the
  business of selling property as an auctioneer on a recurring basis;
               (5)  a foreclosure sale of real property personally
  conducted by a trustee under a deed of trust;
               (6)  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;
               (7)  a sale conducted by sealed bid;
               (8)  an auction conducted only for student training
  purposes as part of a course of study approved by the executive
  director for auctioneers;
               (9)  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;
               (10)  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; or
               (11)  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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 365 was passed by the House on March
  28, 2007, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 365 was passed by the Senate on May
  10, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor