reglab/housing_qa huggingface dataset:
TX Occ Code § 2301.460 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.460. Warranty, Preparation, or Delivery Agreement Obligations

Sec. 2301.460.  WARRANTY, PREPARATION, OR DELIVERY AGREEMENT OBLIGATIONS.  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not, after a complaint and a hearing, fail or refuse to perform an obligation placed on the manufacturer in connection with the preparation, delivery, and warranty of a new motor vehicle as provided in the manufacturer's warranty, preparation, and delivery agreements.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.616, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 16, eff. September 1, 2013.|
TX Occ Code § 2301.461 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.461. Liability of Franchised Dealer

Sec. 2301.461.  LIABILITY OF FRANCHISED DEALER.  (a)  Notwithstanding the terms of any franchise or any other law, a franchised dealer's preparation, delivery, and warranty obligations are the dealer's sole responsibility for product liability as between the dealer and a manufacturer or distributor.(b)  Notwithstanding the terms of any franchise or any other law, a manufacturer or distributor shall reimburse the dealer for any loss incurred by the dealer, including legal fees, court costs, and damages, as a result of the dealer having been named a party in a product liability action, except for a loss caused by the dealer's:(1)  failure to comply with an obligation described by Subsection (a);(2)  negligence or intentional misconduct;  or(3)  modification of a product without the authorization of the manufacturer or distributor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.617, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 17, eff. September 1, 2013.|
TX Occ Code § 2301.462 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.462. Succession Following Death of Franchised Dealer

Sec. 2301.462.  SUCCESSION FOLLOWING DEATH OF FRANCHISED DEALER.  (a)  Notwithstanding the terms of any franchise, except as provided by Subsection (b), a manufacturer, distributor, or representative shall honor the succession to a dealership by a legal heir or devisee under:(1)  the will of a franchised dealer;  or(2)  the laws of descent and distribution of this state.(b)  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may refuse to honor a succession if, after notice and hearing, it is shown to the board that the result of the succession will be detrimental to the public interest and to the representation of the manufacturer or distributor.(c)  This section does not prevent a franchised dealer, during the dealer's lifetime, from designating any person as a successor dealer by a written instrument filed with the manufacturer or distributor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.618, eff. Sept. 1, 2003.|
TX Occ Code § 2301.463 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.463. Prohibition: Payment of Rebate by Franchised Dealer

Sec. 2301.463.  PROHIBITION:  PAYMENT OF REBATE BY FRANCHISED DEALER.  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not require a franchised dealer to directly or indirectly pay or assume any part of a refund, rebate, discount, or other financial adjustment made by the manufacturer, distributor, or representative to, or in favor of, a customer of the dealer, unless the dealer voluntarily agrees.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.464 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.464. Relocation of Franchise

Sec. 2301.464.  RELOCATION OF FRANCHISE.  (a)  Not later than the 60th day before the date a franchised dealer proposes to begin the relocation of a dealership, the dealer must provide written notice of the dealer's intent to relocate to the dealer's manufacturer, distributor, or representative.  The notice must be sent by certified mail, return receipt requested. Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not deny or withhold approval of a written application to relocate a franchise unless:(1)  the applicant receives written notice of the denial or withholding of approval not later than the 60th day after the date the application is received;  and(2)  if the applicant files a protest with the board, the board makes a determination of reasonable grounds under this section.(b)  An application under Subsection (a) to relocate a franchise must contain information reasonably necessary to enable a manufacturer or distributor to adequately evaluate the application.(c)  If the applicant files a protest under Subsection (a)(2), the board shall hold a hearing.  After the hearing, the board shall determine whether the manufacturer or distributor has established by a preponderance of the evidence that the grounds for the denial or withholding of approval of the relocation are reasonable.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.619, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 3, eff. September 1, 2009.|
TX Occ Code § 2301.466 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.466. Arbitration

Sec. 2301.466.  ARBITRATION.  (a)  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not require a franchised dealer to submit to arbitration on any issue unless the dealer and the manufacturer, distributor, or representative and their respective counsel agree to the arbitration after a controversy arises.(b)  An arbitrator shall apply this chapter in resolving a controversy.  Either party may appeal to the board a decision of an arbitrator on the ground that the arbitrator failed to apply this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.4671 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.4671. Franchise Provision Establishing Restriction on Dealer's Use of Dealership Property

Sec. 2301.4671.  FRANCHISE PROVISION ESTABLISHING RESTRICTION ON DEALER'S USE OF DEALERSHIP PROPERTY.  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not:(1)  unreasonably limit or impair the ability of a franchised dealer to use the dealership property as the dealer considers appropriate;(2)  control the use of the dealership property after the franchise is terminated or discontinued; or(3)  at any time exercise exclusive control over the use of the dealership property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 6, eff. September 1, 2011.|
TX Occ Code § 2301.468 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.468. Inequitable Treatment of Dealers or Franchisees

Sec. 2301.468.  INEQUITABLE TREATMENT OF DEALERS OR FRANCHISEES.  Notwithstanding the terms of a franchise, a manufacturer, distributor, or representative may not treat franchised dealers of the same line-make differently as a result of the application of a formula or other computation or process intended to gauge the performance of a dealership or otherwise enforce standards or guidelines applicable to its franchised dealers in the sale of motor vehicles if, in the application of the standards or guidelines, the franchised dealers are treated unfairly or inequitably in the sale of a motor vehicle owned by the manufacturer or distributor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 7, eff. September 1, 2011.|
TX Occ Code § 2301.469 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.469. Costs of Product Recall

Sec. 2301.469.  COSTS OF PRODUCT RECALL.  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative shall compensate a franchised dealer for all costs incurred by the dealer as required by the manufacturer in complying with a product recall by the manufacturer or distributor, including any costs incurred by the dealer in notifying vehicle owners of the existence of the recall.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.470 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.470. Prohibition: Conditions for Financing Motor Vehicle

Sec. 2301.470.  PROHIBITION:  CONDITIONS FOR FINANCING MOTOR VEHICLE.  A manufacturer, distributor, or representative may not directly or indirectly, or through a subsidiary or agent, require as a condition for obtaining financing for a motor vehicle that:(1)  the purchaser of the vehicle purchase any product other than the motor vehicle from the manufacturer, the distributor, or an entity owned or controlled by the manufacturer or distributor;  or(2)  an insurance policy or service contract bought by the purchaser be from a specific source.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.471 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.471. Use of Financing Subsidiary

Sec. 2301.471.  USE OF FINANCING SUBSIDIARY.  (a)  A manufacturer, distributor, or representative may not:(1)  compel a franchised dealer through a financing subsidiary of the manufacturer or distributor to agree to unreasonable operating requirements;  or(2)  directly or indirectly terminate a franchise through the actions of a financing subsidiary of the manufacturer or distributor.(b)  This section does not limit the right of a financing entity to engage in business practices in accordance with the usage of trade in retail and wholesale motor vehicle financing.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.472 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.472. Addition of Line-Make

Sec. 2301.472.  ADDITION OF LINE-MAKE.  (a)  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not deny or withhold approval of a franchised dealer's application to add a line-make or parts or products related to that line-make unless:(1)  the manufacturer or distributor provides written notice of the denial or withholding of approval to the applicant not later than the 60th day after the date the application is received;  and(2)  if the applicant files a protest under this section, the board upholds the denial or withholding of approval.(b)  After receiving notice under Subsection (a)(1), a dealer may file a protest with the board.(c)  If the dealer files a protest, the board may uphold the manufacturer's or distributor's decision to deny or withhold approval of the addition of the line-make only if the manufacturer or distributor establishes by a preponderance of the evidence that the denial or withholding of approval was reasonable.(d)  In determining whether a manufacturer or distributor has established that the denial or withholding of approval is reasonable, the board shall consider all existing circumstances, including:(1)  the dealer's sales in relation to the sales in the market;(2)  the dealer's investment and obligations;(3)  injury or benefit to the public;(4)  the adequacy of the dealer's sales and service facilities, equipment, parts, and personnel in relation to those of other dealers of new motor vehicles of the same line-make;(5)  whether warranties are being honored by the dealer agreement;(6)  the parties' compliance with the franchise, except to the extent that the franchise conflicts with this chapter;(7)  the enforceability of the franchise from a public policy standpoint, including issues of the reasonableness of the franchise's terms, oppression, adhesion, and the parties' relative bargaining power;(8)  whether the dealer complies with reasonable capitalization requirements or will be able to comply with reasonable capitalization requirements within a reasonable time;(9)  any harm to the manufacturer or distributor if the denial or withholding of approval is not upheld;(10)  any harm to the dealer if the denial or withholding of approval is upheld;(11)  the manufacturer's or distributor's investment and obligations; and(12)  whether the denial or withholding of approval is justified in light of current and reasonably foreseeable projections of economic conditions, financial expectations, and the market for new motor vehicles in the relevant market area.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 6, eff. September 1, 2009.|
TX Occ Code § 2301.473 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.473. Models Within Line-Make

Sec. 2301.473.  MODELS WITHIN LINE-MAKE.  A manufacturer, distributor, or representative may not:(1)  fail or refuse to offer to its same line-make franchised dealers all models manufactured for that line-make;  or(2)  require as a prerequisite to receiving a model or series of vehicles that a franchised dealer:(A)  pay an extra fee;(B)  purchase unreasonable advertising displays or other materials;  or(C)  remodel, renovate, or recondition the dealer's existing facilities.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.474 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.474. Payment of Costs for Administrative or Civil Proceeding

Sec. 2301.474.  PAYMENT OF COSTS FOR ADMINISTRATIVE OR CIVIL PROCEEDING.  (a)  A manufacturer, distributor, or representative may not require a franchised dealer to compensate the manufacturer or distributor for any court costs, attorney's fees, or other expenses incurred in an administrative or civil proceeding arising under this chapter.(b)  This section does not prohibit a manufacturer and a franchised dealer from entering into an agreement to share costs in a proceeding in which the dealer and manufacturer have the same or similar interests.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.4749 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.4749. Manufacturer or Distributor Incentive Programs: Payment to Dealer

Sec. 2301.4749.  MANUFACTURER OR DISTRIBUTOR INCENTIVE PROGRAMS:  PAYMENT TO DEALER.  (a)  A manufacturer or distributor shall pay a dealer's claim filed under a manufacturer or distributor incentive program not later than the 30th day after the date the claim is approved.(b)  A claim is considered approved unless a manufacturer or distributor rejects the claim not later than the 31st day after the date of receipt of the claim by the manufacturer or distributor.(c)  The manufacturer or distributor shall provide the dealer with written notice of a rejection of a claim and the reasons for the rejection.|Added by Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 8, eff. September 1, 2011.|
TX Occ Code § 2301.475 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.475. Manufacturer or Distributor Incentive Programs: Audit or Chargeback

Sec. 2301.475.  MANUFACTURER OR DISTRIBUTOR INCENTIVE PROGRAMS:  AUDIT OR CHARGEBACK.  (a)  Except as provided by Subsection (b), after the first anniversary of the date a manufacturer or distributor pays a claim under Section 2301.4749, the manufacturer or distributor may not:(1)  charge back to a dealer money paid by the manufacturer or distributor as a result of the incentive program;(2)  charge back to a dealer the cash value of a prize or other thing of value awarded to the dealer as a result of the incentive program; or(3)  audit the records of a dealer to determine compliance with the terms of the incentive program, unless the manufacturer or distributor has reasonable grounds to believe the dealer committed fraud with respect to the incentive program.(b)  A manufacturer or distributor may make charge-backs to a dealer if, after an audit, the manufacturer or distributor has reasonable grounds to conclude that the dealer committed fraud with respect to the incentive program.(c)  Money paid by a manufacturer or distributor under an incentive program may only be paid to a dealer, unless the dealer agrees to the payment of the money to another person, including an employee of the dealer, before the payment is made.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 7, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 9, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 10, eff. September 1, 2011.|For expiration of Subsections (j), (k),  (l), (m), (n), and (o),  see Subsection (o).
TX Occ Code § 2301.477 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.477. Manufacturer Doing Business in This State

Sec. 2301.477.  MANUFACTURER DOING BUSINESS IN THIS STATE.  A manufacturer whose products are offered for sale in this state under a franchise entered into between its distributor or representative and a dealer is bound by the terms of the franchise and this chapter as if the manufacturer had executed the franchise.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.478 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.478. Action on Franchise

Sec. 2301.478.  ACTION ON FRANCHISE.  (a)  Notwithstanding the terms of any franchise or any other law, an action or proceeding brought by a manufacturer, representative, converter, or distributor against a dealer must be brought in an appropriate forum in this state only, and the law of this state applies to the action or proceeding.(b)  Each party to a franchise owes to the other party a duty of good faith and fair dealing that is actionable in tort.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.479 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2301 - Sale or Lease of Motor Vehicles|Subchapter J. Manufacturers, Distributors, and Representatives|Section 2301.479. Adverse Action in Connection With Export of Vehicle

Sec. 2301.479.  ADVERSE ACTION IN CONNECTION WITH EXPORT OF VEHICLE.  (a)  Except as otherwise provided by this section, a manufacturer, distributor, or representative may not take an adverse action against a franchised dealer because the franchised dealer sells or leases a vehicle that is later exported to a location outside the United States.(b)  A franchise provision that allows a manufacturer, distributor, or representative to take adverse action against a franchised dealer because the franchised dealer sells or leases a vehicle that is later exported to a location outside the United States is enforceable only if, at the time of the original sale or lease, the dealer knew or reasonably should have known that the vehicle would be exported to a location outside the United States.(c)  A franchised dealer is presumed to have no actual knowledge that a vehicle the dealer sells or leases will be exported to a location outside the United States if, under the laws of a state of the United States:(1)  the vehicle is titled;(2)  the vehicle is registered; and(3)  applicable state and local taxes are paid for the vehicle.(d)  The presumption under Subsection (c) may be rebutted by direct, clear, and convincing evidence that the franchised dealer had actual knowledge or reasonably should have known at the time of the original sale or lease that the vehicle would be exported to a location outside the United States.(e)  Except as otherwise permitted by this section, a franchise provision that allows a manufacturer, distributor, or representative to take adverse action against a franchised dealer because the franchised dealer sells or leases a vehicle that is later exported to a location outside the United States is void and unenforceable.|Added by Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 8, eff. September 1, 2009.|