TDLR

TAA has designed these resources pages in an effort to keep members, and non-members, updated on the latest industry developments at the regulatory and legislative level.  Please visit the Texas Department of Licensing and Regulation to view the rules and regulations that govern Texas licensed auctioneers.

 http://www.license.state.tx.us

 

 

How can I get involved and keep informed?

 

If you would like to follow, and be involved in, TDLR’s rule implementing process, you can do so by accessing


http://www.license.state.tx.us/legeupdate.htm

and signing up for the email notification system. TDLR has posted information on new legislation which affects the Department’s program and functions.

Please encourage others who are interested in our programs to sign up for our email message notification system, http://www.license.state.tx.us/newsletters/TDLRnotificationLists.asp.

Click on the following documents for new information from TDLR.

Listed below are probably the most violated laws and rules. However, please note that there are a couple of items listed that have to do with the overall knowledge of the auction business.

  • Advertising violations (covers entire spectrum from false, deceptive, and misleading ads to omitting name and license number in ads and license number in Yellow Pages ads.
  • Failure to report to TDLR changes in address within 30 days.
  • Bid calling for an auction company not owned or operated by a Texas Licensed Auctioneer.
  • Failure to file an assumed name certificate with TDLR
  • Failure to post TDLR notice requirements at auctions.
  • Failure to include TDLR notice information on Consignor/Seller contracts.
  • Failure to include information about the TDLR’s Education and Recovery Fund in opening statements at an auction or on notice form.
  • Failing to pay consignors/sellers and/or account for property sold at auction.
  • Failure to pay State Sales Tax in a timely manner.
  • Failure to announce/post the amount of a Buyer’s Premium (if any) in ads and/or at the auction.
  • Failure to know exemptions from laws/rules indicating a lack of overall knowledge of other laws/rules affecting items sold at auction.
  • Failure to know and understand Texas Auctioneer Law and rules, which is only a small part of the knowledge, required to operate a business within all applicable State/Federal laws and rules.
  • Failure to keep required records for the period of time required by Texas Auction Law.
  • Failure to renew a Texas Auctioneer License in a timely manner, and then trying to get out of re-taking the examination.
  • Bid calling during the 30-day period when the Texas Auctioneer License is invalid due to failure to renew on time.
  • A Texas Licensed Auctioneer allowing an unlicensed person to bid call.