Tex. Occ. Code Section 1802.251
Disciplinary Action; Administrative Penalty

The commission or executive director may take any action or impose a penalty under Subchapter F or G, Chapter 51 (Texas Department of Licensing and Regulation), against an auctioneer or associate auctioneer for:

(1)

violating this chapter or a rule adopted under this chapter;

(2)

obtaining a license through false or fraudulent representation;

(3)

making a substantial misrepresentation in an application for an auctioneer’s license;

(4)

engaging in a continued and flagrant course of misrepresentation or making false promises through an agent, advertising, or otherwise;

(5)

failing to account for or remit, within a reasonable time, money or property belonging to another that is in the auctioneer’s possession or commingling funds of another with the auctioneer’s funds or failing to keep the funds of another in an escrow or trust account;

(6)

violating a provision of the Business & Commerce Code in conducting an auction; or

(7)

violating a rule or order of the commission or executive director.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.015, eff. Sept. 1, 2003.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 15, eff. June 14, 2013.

Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 22, eff. September 1, 2023.

Source: Section 1802.251 — Disciplinary Action; Administrative Penalty, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1802.htm#1802.251 (accessed May 26, 2025).

1802.001
Definitions 1802.002
Applicability 1802.003
Preemption 1802.004
Advertisement of Auction 1802.005
Rules 1802.051
License Required 1802.052
Eligibility for Auctioneer’s License 1802.053
Eligibility for Associate Auctioneer License 1802.054
Application for License 1802.055
Application for Examination 1802.056
License Examination 1802.058
Reexamination 1802.101
Auctioneer Advisory Board 1802.102
Appointment of Advisory Board 1802.103
Terms 1802.104
Presiding Officer 1802.106
Compensation 1802.107
Meetings 1802.108
Civil Liability 1802.121
Written Contracts 1802.122
Standards of Practice 1802.151
Fund 1802.152
Management of Fund 1802.153
Additional Fees 1802.155
Liability 1802.202
Consumer Claims 1802.203
Hearing 1802.204
Appeal 1802.205
Payment of Claim 1802.206
Payment Limits 1802.207
Reimbursement 1802.208
Subrogation 1802.209
Effect on Disciplinary Proceedings 1802.251
Disciplinary Action 1802.252
Revocation for Claim on Fund 1802.253
Hearing by State Office of Administrative Hearings 1802.301
Practicing Without License 1802.302
Frivolous Claim

Verified:
May 26, 2025

§ 1802.251. Disciplinary Action; Admin. Penalty's source at texas.gov

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Location: https://texas.public.law/statutes/tex._occ._code_section_1802.251

Original Source: Section 1802.251 — Disciplinary Action; Administrative Penalty, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1802.htm#1802.251 (last accessed May 10, 2025).