89R18036 TYPED By: Thompson H.B. No. 4397 A BILL TO BE ENTITLED AN ACT relating to the creation of an auctioneer's license for heavy equipment dealers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sec. 1802.051, Occupations Code, is amended by adding subsection (e) to read as follows: 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 (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 15, eff.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. (e) Notwithstanding any other provision in this Chapter, the Department may issue an auctioneer's license to corporations pursuant to rules promulgated by the Commission. SECTION 2. This Act takes effect September 1, 2025.