reglab/housing_qa huggingface dataset:
TX Occ Code § 2301.604 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.604. Replacement of or Refund for Vehicle

Sec. 2301.604.  REPLACEMENT OF OR REFUND FOR VEHICLE.  (a)  A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect and:(1)  replace the motor vehicle with a comparable motor vehicle;  or(2)  accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner's use of the vehicle, and any other allowances or refunds payable to the owner.(b)  A refund made for a vehicle for which there is a lienholder shall be made to the owner and lienholder in proportion to each person's interest in the vehicle.(c)  As necessary to promote the public interest, the board by rule:(1)  shall define the incidental costs that are eligible for reimbursement;(2)  shall specify other requirements necessary to determine an eligible cost;  and(3)  may set a maximum amount that is eligible for reimbursement, either by type of eligible cost or by a total for all costs.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.605 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.605. Rebuttable Presumption--Reasonable Number of Attempts

Sec. 2301.605.  REBUTTABLE PRESUMPTION--REASONABLE NUMBER OF ATTEMPTS.  (a)  A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if:(1)  the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:(A)  the date the express warranty expires; or(B)  24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner;(2)  the same nonconformity creates a serious safety hazard and continues to exist after causing the vehicle to have been subject to repair two or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:(A)  the date the express warranty expires; or(B)  24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner; or(3)  a nonconformity still exists that substantially impairs the vehicle's use or market value,  the vehicle is out of service for repair for a cumulative total of 30 or more days, and the attempts were made before the earlier of:(A)  the date the express warranty expires; or(B)  24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner.(b)  A period or a number of days or miles described by Subsection (a) is extended for any period that repair services are not available to the owner because of:(1)  a war, invasion, or strike;  or(2)  a fire, flood, or other natural disaster.(c)  The 30 days described by Subsection (a)(3) do not include any period during which the manufacturer or distributor lends the owner a comparable motor vehicle while the owner's vehicle is being repaired by a franchised dealer.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 1, eff. September 1, 2017.|
TX Occ Code § 2301.606 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.606. Conduct of Proceedings

Sec. 2301.606.  CONDUCT OF PROCEEDINGS.  (a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013, and Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014.(b)  In a hearing under this subchapter, a manufacturer, converter, or distributor may plead and prove as an affirmative defense to a remedy under this subchapter that a nonconformity:(1)  is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle; or(2)  does not substantially impair the use or market value of the motor vehicle.(c)  An order issued under this subchapter may not require a manufacturer, converter, or distributor to make a refund or to replace a motor vehicle unless:(1)  the owner, a person on behalf of the owner, or the department has provided written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor; and(2)  the manufacturer, converter, or distributor has been given an opportunity to cure the alleged defect or nonconformity.(d)  A proceeding under this subchapter must be commenced not later than six months after the earliest of:(1)  the expiration date of the express warranty term;  or(2)  the dates on which 24 months or 24,000 miles have passed since the date of original delivery of the motor vehicle to an owner.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 19, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 3, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014.Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 2, eff. September 1, 2017.|
TX Occ Code § 2301.607 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.607. Exhaustion of Administrative Remedies; Right to Sue

Sec. 2301.607.  EXHAUSTION OF ADMINISTRATIVE REMEDIES;  RIGHT TO SUE.  (a)   A refund or replacement under this subchapter because a motor vehicle is alleged to not conform to an express warranty is not available to the owner of the vehicle unless the owner has exhausted the administrative remedies provided by this subchapter.(b)  A refund or replacement under this subchapter is not available to a party in an action against a seller under Chapter 2 or 17, Business & Commerce Code, but is available in an action against a manufacturer, converter, or distributor brought under Chapter 17, Business & Commerce Code, after the owner has exhausted the administrative remedies provided by this subchapter.(c)  If a final order is not issued before the 151st day after the date a complaint is filed under this subchapter, the department shall provide written notice by certified mail to the complainant and to the manufacturer, converter, or distributor of the expiration of the 150-day period and of the complainant's right to file a civil action.  The department shall extend the 150-day period if a delay is requested or caused by the person who filed the complaint.(d)  Notwithstanding a requirement of this section that administrative remedies be exhausted, a person who receives notice under Subsection (c) may file a civil action against any person named in the complaint.(e)  The failure to issue notice under Subsection (c) does not affect a person's right to bring an action under this chapter.(f)  This subchapter does not limit a right or remedy otherwise available to an owner under another law.(g)  A contractual provision that excludes or modifies a remedy provided by this subchapter is prohibited and is void as against public policy unless the exclusion or modification is made under a settlement agreement between the owner and the manufacturer, converter, or distributor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 1, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 20, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 4, eff. January 1, 2014.Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 3, eff. September 1, 2017.|
TX Occ Code § 2301.608 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.608. Assessment of Costs for Replacement or Refund

Sec. 2301.608.  ASSESSMENT OF COSTS FOR REPLACEMENT OR REFUND.  (a)  An order issued under this subchapter must name the person responsible for paying the cost of any refund or replacement.  A manufacturer, converter, or distributor may not cause a franchised dealer to directly or indirectly pay any money not specifically required by the order.(b)  If the final order requires a manufacturer, converter, or distributor to make a refund or replace a motor vehicle under this subchapter, the final order may require the franchised dealer to reimburse the owner, lienholder, manufacturer, converter, or distributor only for an item or option added to the vehicle by the dealer to the extent that the item or option contributed to the defect that served as the basis for the order.(c)  In a case involving a leased vehicle, the final order may terminate the lease and apportion allowances or refunds, including the reasonable allowance for use, between the lessee and lessor of the vehicle.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 21, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 5, eff. January 1, 2014.Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 4, eff. September 1, 2017.|
TX Occ Code § 2301.609 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.609. Judicial Review

Sec. 2301.609.  JUDICIAL REVIEW.  (a)  A party to a proceeding under this subchapter that is affected by a final order related to the proceeding is entitled to judicial review of the order under the substantial evidence rule in a district court of Travis County.(b)  Judicial review is subject to Chapter 2001, Government Code, to the extent that chapter is not inconsistent with this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 22, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 6, eff. January 1, 2014.|
TX Occ Code § 2301.610 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.610. Disclosure Statement

Sec. 2301.610.  DISCLOSURE STATEMENT.  (a)  A manufacturer, distributor, or converter that has been ordered to repurchase or replace a vehicle shall, through its franchised dealer, issue a disclosure statement stating that the vehicle was repurchased or replaced by the manufacturer, distributor, or converter under this subchapter.  The statement must accompany the vehicle through the first retail purchase following the issuance of the statement and must include the toll-free telephone number described by Subsection (d) that will enable the purchaser to obtain information about the condition or defect that was the basis of the order for repurchase or replacement.(b)  The manufacturer, distributor, or converter must restore the cause of the repurchase or replacement to factory specifications and issue a new 12-month, 12,000-mile warranty on the vehicle.(c)  The board shall adopt rules for the enforcement of this section.(d)  The department shall maintain a toll-free telephone number to provide information to a person who requests information about a condition or defect that was the basis for repurchase or replacement by an order issued under this subchapter.  The department shall maintain an effective method of providing information to a person who makes a request.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 23, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 7, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 14.002, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 5, eff. September 1, 2017.|
TX Occ Code § 2301.611 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.611. Annual Report on Repurchased or Replaced Vehicles

Sec. 2301.611.  ANNUAL REPORT ON REPURCHASED OR REPLACED VEHICLES.  (a)  The department shall publish an annual report on the motor vehicles ordered repurchased or replaced under this subchapter.(b)  The report must list the number of vehicles by brand name and model and include a brief description of the conditions or defects that caused the repurchase or replacement.(c)  The department shall make the report available to the public and may charge a reasonable fee to cover the cost of the report.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 18, eff. September 1, 2011.|
TX Occ Code § 2301.612 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.612. Open Records Exception

Sec. 2301.612.  OPEN RECORDS EXCEPTION.  Information filed with the department under this subchapter is not a public record and is not subject to disclosure under Chapter 552, Government Code, until the complaint is resolved by a final order of the department.|Added by Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 5, eff. September 1, 2021.|
TX Occ Code § 2301.613 (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 M. Warranties: Rights of Vehicle Owners|Section 2301.613. Notice to Buyer

Sec. 2301.613.  NOTICE TO BUYER.  (a)  The department shall prepare, publish, and distribute information concerning an owner's rights under this subchapter.  The retail seller of a new motor vehicle shall conspicuously post a copy of the information in the area where its customers usually pay for repairs.(b)  The failure to provide notice as required by this section is a violation of this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 19, eff. September 1, 2011.|
TX Occ Code § 2301.651 (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 N. Denial, Revocation, or Suspension of License|Section 2301.651. Denial, Revocation, or Suspension Generally

Sec. 2301.651.  DENIAL, REVOCATION, OR SUSPENSION GENERALLY.  (a)  The board may deny an application for a license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder if the applicant or license holder:(1)  is unfit under standards described in this chapter or board rules;(2)  makes a material misrepresentation in any application or other information filed under this chapter or board rules;(3)  violates this chapter or a board rule or order;(4)  violates any law relating to the sale, distribution, financing, or insuring of motor vehicles;(5)  fails to maintain the qualifications for a license;(6)  wilfully defrauds a purchaser;(7)  fails to fulfill a written agreement with a retail purchaser of a motor vehicle; or(8)  violates the requirements of Section 503.0631, Transportation Code.(b)  The board may take action under Subsection (a) against an applicant or license holder for an act or omission by an officer, director, partner, trustee, or other person acting in a representative capacity for the applicant or license holder that would be cause for denying, revoking, or suspending a license under this chapter.(c)  The revocation of a license previously held under this chapter may be grounds for denying a subsequent application for a license.(d)  A license may not be denied, revoked, or suspended, and disciplinary action may not be taken under this subchapter, unless the respondent is given an opportunity for a hearing. The board may deny, revoke, or suspend a license or take disciplinary action by order only after the department grants the respondent an opportunity for a hearing.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.622(a), 14A.623, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 8.10, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1336 (S.B. 1786), Sec. 10, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 24, eff. September 1, 2013.|
TX Occ Code § 2301.652 (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 N. Denial, Revocation, or Suspension of License|Section 2301.652. Denial of License Application: Dealership

Sec. 2301.652.  DENIAL OF LICENSE APPLICATION:  DEALERSHIP.  (a)  The board may deny an application for a license to establish a dealership if, following a protest, the applicant fails to establish good cause for establishing the dealership.  In determining good cause, the board shall consider:(1)  whether the manufacturer or distributor of the same line-make of new motor vehicle is being adequately represented as to sales and service;(2)  whether the protesting franchised dealer representing the same line-make of new motor vehicle is in substantial compliance with the dealer's franchise, to the extent that the franchise is not in conflict with this chapter;(3)  the desirability of a competitive marketplace;(4)  any harm to the protesting franchised dealer;(5)  the public interest;(6)  any harm to the applicant; and(7)  current and reasonably foreseeable projections of economic conditions, financial expectations, and the market for new motor vehicles in the relevant market area.(b)  Except as provided by Subsection (c) and Sections 2301.6521 and 2301.6522, a person has standing under this section to protest an application to establish or relocate a dealership if the person filing the protest is a franchised dealer of the same line-make whose dealership is located:(1)  in the county in which the proposed dealership is to be located; or(2)  within a 15-mile radius of the proposed dealership.(c)  A franchised dealer may not protest an application to relocate a dealership under this section if the proposed relocation site is not:(1)  more than two miles from the site where the dealership is currently located;  or(2)  closer to the franchised dealer than the site from which the dealership is being relocated.|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. 9, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 13, eff. September 1, 2011.|
TX Occ Code § 2301.6521 (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 N. Denial, Revocation, or Suspension of License|Section 2301.6521. Right to Protest: Certain Relocations

Sec. 2301.6521.  RIGHT TO PROTEST:  CERTAIN RELOCATIONS.  (a)  In this section, "affected county" means:(1)  a county with a population of one million or more; or(2)  a county with a population of 500,000 or more but less than one million that is adjacent to a county with a population of one million or more.(b)  Notwithstanding any other provision of this chapter and except as provided by Subsection (d), a franchised dealer may protest an application to relocate a dealership from a location in an affected county to a location within the same affected county or an adjacent affected county only if the dealer is:(1)  a dealer of the same line-make as the relocating dealership and is in the affected county where the proposed dealership is being relocated and is nearest to the proposed relocation site, if no dealership of the same line-make as the relocating dealership is located within 15 miles of the proposed relocation site; or(2)  a dealer of the same line-make as the relocating dealership whose dealership location is within 15 miles of the proposed relocation site.(c)  If more than one dealership location is an equal distance from the proposed relocation site and each dealer and dealership location satisfies the requirements of Subsection (b)(1), each dealer may protest the relocation under Subsection (b)(1).(d)  A franchised dealer may not protest an application to relocate a dealership under this section if the proposed relocation site is not:(1)  more than two miles from the site where the dealership is currently located; or(2)  closer to the franchised dealer than the site from which the dealership is being relocated.|Added by Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 14, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1338 (S.B. 854), Sec. 2, eff. June 14, 2013.|