Tex.
Occ. Code 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 (Sale or Lease of Motor Vehicles) or 2302 (Salvage Vehicle Dealers);(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.
Source:
Section 1802.002 — Applicability, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1802.htm#1802.002
(accessed May 18, 2024).