(a) An applicant for a license must apply to the department on a form and in a manner prescribed by the department. The application must be accompanied by:
(1) any fee required for the auctioneer education and recovery fund authorized under § 1802.153;
(2) the required application fee; and
(3) either:
(A) the permit number of a sales tax permit issued to the applicant by the comptroller under Subchapter F, Chapter 151, Tax Code; or
(B) proof of exemption from the tax permit requirement under Chapter 151, Tax Code.
(b) A nonresident applicant must submit with an application for a license under this chapter a written irrevocable consent to service of process. The consent must:
(1) be in the form and supported by additional information that the commission by rule requires;
(2) provide that an action relating to any transaction governed by this chapter may be commenced against the license holder in the proper court of any county of this state in which the cause of action may arise or in which the plaintiff may reside by service of process on the executive director as the license holder’s agent; and
(3) include a statement stipulating and agreeing that service provided by this section is as valid and binding as if service had been made on the person according to the laws of this or any other state.

Terms Used In Texas Occupations Code 1802.054

  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Rule: includes regulation. See Texas Government Code 311.005
  • Service of process: The service of writs or summonses to the appropriate party.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005