reglab/housing_qa huggingface dataset:
TX Occ Code § 2301.001 (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 A. General Provisions|Section 2301.001. Construction; Purpose

Sec. 2301.001.  CONSTRUCTION;  PURPOSE.  The distribution and sale of motor vehicles in this state vitally affects the general economy of the state and the public interest and welfare of its citizens.  This chapter shall be liberally construed to accomplish its purposes, including the exercise of the state's police power to ensure a sound system of distributing and selling motor vehicles through:(1)  licensing and regulating manufacturers, distributors, converters, and dealers of motor vehicles;  and(2)  enforcing this chapter as to other persons to provide for compliance with manufacturer's warranties and to prevent fraud, unfair practices, discrimination, impositions, or other abuse of the people of this state.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.003 (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 A. General Provisions|Section 2301.003. Effect on Agreements

Sec. 2301.003.  EFFECT ON AGREEMENTS.  (a)  The terms and conditions of a franchise are subject to this chapter.(b)  An agreement to waive the terms of this chapter is void and unenforceable.  A term or condition of a franchise inconsistent with this chapter is unenforceable.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.004 (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 A. General Provisions|Section 2301.004. Chapter Exclusive

Sec. 2301.004.  CHAPTER EXCLUSIVE.  Unless otherwise specifically provided by law not in conflict with this chapter, all aspects of the distribution and sale of motor vehicles are governed exclusively by this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.0045 (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 A. General Provisions|Section 2301.0045. Nonapplicability of Chapter to Assembled Vehicles and Hobbyist

Sec. 2301.0045.  NONAPPLICABILITY OF CHAPTER TO ASSEMBLED VEHICLES AND HOBBYIST.  This chapter does not apply to an assembled vehicle or a hobbyist, as those terms are defined by Section 731.001, Transportation Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 1079 (H.B. 1755), Sec. 1, eff. September 1, 2019.|
TX Occ Code § 2301.005 (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 A. General Provisions|Section 2301.005. Title Changes

Sec. 2301.005.  TITLE CHANGES.  (a)  A reference in law, including a rule, to the Texas Motor Vehicle Commission or to the board means the board of the Texas Department of Motor Vehicles.(b)  A reference in law, including a rule, to the executive director of the Texas Motor Vehicle Commission means the executive director of the Texas Department of Motor Vehicles.(c)  A reference in law, including a rule, to the Texas Motor Vehicle Commission Code means this chapter.(d)  A reference in law other than this chapter to a dealer licensed by the Texas Motor Vehicle Commission or a dealer licensed by the Motor Vehicle Board of the Texas Department of Transportation means a franchised dealer.(e)  A reference in this chapter to a rule or to a board rule means a rule adopted by the commission, except that all board rules that were in effect on June 1, 2005, remain in effect until amended or repealed by the commission.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 7.02, eff. June 14, 2005.Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.03, eff. September 1, 2009.|
TX Occ Code § 2301.006 (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 A. General Provisions|Section 2301.006. Brokers Prohibited

Sec. 2301.006.  BROKERS PROHIBITED.  A person may not act as, offer to act as, or claim to be a broker.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.007 (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 A. General Provisions|Section 2301.007. Towing Vehicle by License Holder

Sec. 2301.007.  TOWING VEHICLE BY LICENSE HOLDER.  Notwithstanding any other law, a person licensed under this chapter does not commit an offense by employing a person to tow a disabled vehicle to or from the premises for which the person is licensed regardless of whether the person employed to tow the vehicle:(1)  holds a certificate issued by a state agency authorizing the person to engage in the business of towing vehicles for hire;  or(2)  commits an offense by towing the vehicle.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.103 (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 C. Division Personnel|Section 2301.103. Personnel

Sec. 2301.103.  PERSONNEL.  A division employee is subject to dismissal if the employee has an interest in or is related within the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to a person who has an interest in a business that manufactures, distributes, converts, sells, or leases motor vehicles.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 7.04, eff. June 14, 2005.|
TX Occ Code § 2301.104 (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 C. Division Personnel|Section 2301.104. Hearings Examiners

Sec. 2301.104.  HEARINGS EXAMINERS.  (a)  The department may employ a chief hearings examiner and one or more additional hearings examiners.(b)  A hearings examiner must be licensed to practice law in this state.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 2, eff. January 1, 2014.|
TX Occ Code § 2301.151 (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 D. Board Powers and Duties|Section 2301.151. General Jurisdiction of Board

Sec. 2301.151.  GENERAL JURISDICTION OF BOARD.  (a)  The board has the exclusive original jurisdiction to regulate those aspects of the distribution, sale, or lease of motor vehicles that are governed by this chapter, including the original jurisdiction to determine its own jurisdiction.(b)  The board may take any action that is specifically designated or implied under this chapter or that is necessary or convenient to the exercise of the power and jurisdiction granted under Subsection (a).|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.605(a), eff. Sept. 1, 2003.|
TX Occ Code § 2301.152 (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 D. Board Powers and Duties|Section 2301.152. General Duties of Board

Sec. 2301.152.  GENERAL DUTIES OF BOARD.  (a)  In accordance with this chapter, the board shall:(1)  administer this chapter;(2)  establish the qualifications of license holders;(3)  ensure that the distribution, sale, and lease of motor vehicles is conducted as required by this chapter and board rules;(4)  provide for compliance with warranties;  and(5)  prevent fraud, unfair practices, discrimination, impositions, and other abuses in connection with the distribution and sale of motor vehicles.(b)  In addition to the duties delegated to the board under this chapter, the board shall enforce and administer Chapter 503, Transportation Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.153 (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 D. Board Powers and Duties|Section 2301.153. General Powers of Board

Sec. 2301.153.  GENERAL POWERS OF BOARD.  (a)  Notwithstanding any other provision of law, the board has all powers necessary, incidental, or convenient to perform a power or duty expressly granted under this chapter, including the power to:(1)  initiate and conduct proceedings, investigations, or hearings;(2)  administer oaths;(3)  receive evidence and pleadings;(4)  issue subpoenas to compel the attendance of any person;(5)  order the production of any tangible property, including papers, records, or other documents;(6)  make findings of fact on all factual issues arising out of a proceeding initiated under this chapter;(7)  specify and govern appearance, practice, and procedures before the board;(8)  adopt rules and issue conclusions of law and decisions, including declaratory decisions or orders;(9)  enter into contracts;(10)  execute instruments;(11)  retain counsel;(12)  use the services of the attorney general and institute and direct the conduct of legal proceedings in any forum;(13)  obtain other professional services as necessary and convenient;(14)  impose a sanction for contempt;(15)  assess and collect fees and costs, including attorney's fees;(16)  issue, suspend, or revoke licenses;(17)  prohibit and regulate acts and practices in connection with the distribution and sale of motor vehicles or warranty performance obligations;(18)  issue cease and desist orders in the nature of temporary or permanent injunctions;(19)  impose a civil penalty;(20)  enter an order requiring a person to:(A)  repurchase property under Section 2301.465 and pay costs and expenses of a party in connection with an order entered under that section;(B)  perform an act other than the payment of money; or(C)  refrain from performing an act; and(21)  enforce a board order.(b)  The board may inspect the books and records of a license holder in connection with the performance of its duties under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.606(a), eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 2301.154 (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 D. Board Powers and Duties|Section 2301.154. Delegation of Powers

Sec. 2301.154.  DELEGATION OF POWERS. (a) The director may delegate any of the director's powers to  one or more of the division's employees.(b)  The board by rule may delegate any power relating to a contested case hearing brought under this chapter or Chapter 503, Transportation Code, other than the power to issue a final order, to:(1)  one or more of the board's members;(2)  the executive director;(3)  the director; or(4)  one or more of the department's employees.(c)  The board by rule may delegate the authority to issue a final order in a contested case hearing brought under this chapter or Chapter 503, Transportation Code, to:(1)  one or more of the board's members;(2)  the executive director; or(3)  the director of a division within the department designated by the board or the executive director to carry out the requirements of this chapter.(d)  The board by rule may delegate any power relating to a complaint investigation to any person employed by the department.(e)  An action taken by a person to whom a power or other authority is delegated under Subsection (b) or (c), including the issuance of an order, is considered an action of the board and may not be appealed to the board.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 7.05, eff. June 14, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 3, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 7, eff. September 1, 2013.|
TX Occ Code § 2301.155 (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 D. Board Powers and Duties|Section 2301.155. Rules

Sec. 2301.155.  RULES.  The authority to adopt rules under this chapter is vested in the board.  In accordance with this chapter and the rules, decisions, and orders of the board, the board shall adopt rules as necessary or convenient to administer this chapter and to govern practice and procedure before the board.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.156 (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 D. Board Powers and Duties|Section 2301.156. Deposit of Revenue

Sec. 2301.156.  DEPOSIT OF REVENUE.  Notwithstanding any other law to the contrary, all money collected by the board under this chapter shall be deposited in the state treasury to the credit of the Texas Department of Motor Vehicles fund.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 4, eff. September 1, 2013.|
TX Occ Code § 2301.160 (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 D. Board Powers and Duties|Section 2301.160. Tolling of Time Limit During Mediation

Sec. 2301.160.  TOLLING OF TIME LIMIT DURING MEDIATION.  A time limit relating to a board proceeding that is imposed by this chapter on the board or on a dealer is tolled during the pendency of mediation required by this chapter or by a franchise agreement.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.607(a), eff. Sept. 1, 2003.|
TX Occ Code § 2301.201 (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 E. Public Interest Information and Complaint Procedures|Section 2301.201. Public Interest Information

Sec. 2301.201.  PUBLIC INTEREST INFORMATION.  (a)  The director or the director's designee shall prepare information describing the functions of the board and the procedures by which complaints or protests are filed with and resolved by the board.(b)  The board shall make the information available to the public and appropriate state agencies.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.202 (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 E. Public Interest Information and Complaint Procedures|Section 2301.202. Complaints; Records

Sec. 2301.202.  COMPLAINTS;  RECORDS.  (a)  The board shall provide to a person who files a complaint, and to each person that is the subject of the complaint, information about the board's policies and procedures relating to complaint investigation and resolution.(b)  The board shall keep an information file about each complaint filed with the board that the board has authority to resolve.  The board shall keep the following information for each complaint filed by the board for the purpose of enforcing this chapter:(1)  the date the complaint is filed;(2)  the name of the person filing the complaint;(3)  the subject matter of the complaint;(4)  each person contacted in relation to the complaint;(5)  a summary of the results of the review or investigation of the complaint;  and(6)  if the board does not take action on the complaint, an explanation of the reasons that action was not taken.(c)  If a written complaint is filed with the board that the board has authority to resolve, the board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an ongoing board investigation.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.608(a), eff. Sept. 1, 2003.|
TX Occ Code § 2301.203 (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 E. Public Interest Information and Complaint Procedures|Section 2301.203. Complaint Investigation and Disposition

Sec. 2301.203.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  If the board has reason to believe, through receipt of a complaint or otherwise, that a violation of this chapter or a rule, order, or decision of the board has occurred or is likely to occur, the board shall conduct an investigation unless it determines that the complaint is frivolous or for the purpose of harassment.(b)  If the investigation establishes that a violation of this chapter or a rule, order, or decision of the board has occurred or is likely to occur, the board shall initiate proceedings as it determines appropriate to enforce this chapter or its rules, orders, and decisions.(c)  The board may not file a complaint alleging a violation of this chapter or a board rule relating to advertising until the board has notified the license holder involved of the alleged violation and given the license holder an opportunity to cure the violation without further proceedings or liability.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.204 (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 E. Public Interest Information and Complaint Procedures|Section 2301.204. Complaint Concerning Vehicle Defect

Sec. 2301.204.  COMPLAINT CONCERNING VEHICLE DEFECT.  (a)  The owner of a motor vehicle or the owner's designated agent may make a complaint concerning a defect in a motor vehicle that is covered by a manufacturer's, converter's, or distributor's warranty agreement applicable to the vehicle.(b)  The complaint must be made in writing to the applicable dealer, manufacturer, converter, or distributor and must specify each defect in the vehicle that is covered by the warranty.(c)  The owner may also invoke the board's jurisdiction by sending a copy of the complaint to the board.(d)  A hearing may be scheduled on any complaint made under this section that is not privately resolved between the owner and the dealer, manufacturer, converter, or distributor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.205 (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 E. Public Interest Information and Complaint Procedures|Section 2301.205. Notice of Complaint Procedure

Sec. 2301.205.  NOTICE OF COMPLAINT PROCEDURE.  (a)  A franchised dealer shall provide notice of the complaint procedures provided by Section 2301.204 and Subchapter M to each person to whom the dealer sells a new motor vehicle.(b)  The board may require its approval of the contents of the notice required by Subsection (a) or may prescribe the contents of the notice.(c)  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.|
TX Occ Code § 2301.251 (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 F. License Requirements|Section 2301.251. License Required: Generally

Sec. 2301.251.  LICENSE REQUIRED:  GENERALLY.  (a)  Unless a person holds a license issued under this chapter authorizing the activity, the person may not:(1)  engage in business as, serve in the capacity of, or act as a dealer, manufacturer, distributor, converter, vehicle lessor, or vehicle lease facilitator in this state; or(2)  perform or offer to perform repair services on a motor vehicle under a franchise and a motor vehicle manufacturer's warranty, regardless of whether the person sells or offers to sell motor vehicles at the same location.(b)  A franchised dealer must have both a franchised motor vehicle dealer's general distinguishing number issued under Chapter 503, Transportation Code, and a license issued under this chapter.(c)  A manufacturer or distributor that directly or indirectly reimburses another person to perform warranty repair services on a vehicle is engaged in business in this state regardless of whether the manufacturer sells or offers for sale new motor vehicles in this state.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.01, eff. September 1, 2019.|
TX Occ Code § 2301.252 (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 F. License Requirements|Section 2301.252. License Required: Sale of New Motor Vehicles

Sec. 2301.252.  LICENSE REQUIRED:  SALE OF NEW MOTOR VEHICLES.  (a)  A person may not engage in the business of buying, selling, or exchanging new motor vehicles unless the person:(1)  holds a franchised dealer's license issued under this chapter for the make of new motor vehicle being bought, sold, or exchanged;  or(2)  is a bona fide employee of the holder of a franchised dealer's license.(b)  For purposes of this section:(1)  the make of a conversion is that of the chassis manufacturer;(2)  the make of a motor home is that of the motor home manufacturer;(3)  the make of an ambulance is that of the ambulance manufacturer; and(4)  the make of a fire-fighting vehicle is that of the fire-fighting vehicle manufacturer.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.609(a), eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 4, eff. September 1, 2011.|