Tex. Occ. Code § 1802.002

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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.

Tex. Occ. Code § 1802.002

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1012,Sec. 3, eff. 9/1/2017.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 324,Sec. 14.002, eff. 9/1/2017.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1230,Sec. 1, eff. 6/19/2015.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 777,Sec. 2, eff. 9/1/2015.

Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1048,Sec. 2, eff. 6/14/2013.

Amended By Acts 2007, 80th Leg., R.S., Ch. 201, Sec. 1, eff. 5/24/2007.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.044, eff. 9/1/2003

Amended By Acts 2003, 78th Leg., ch. 1276, Sec. 14A.352, eff. 9/1/2003.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.