reglab/housing_qa huggingface dataset:
TX Occ Code § 2301.358 (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 H. Dealers|Section 2301.358. Vehicle Show or Exhibition

Sec. 2301.358.  VEHICLE SHOW OR EXHIBITION.  (a)  A person who holds a license issued under this chapter may not participate in a new motor vehicle show or exhibition unless  the person provides the department with written notice before the date the show or exhibition opens.(b)  A person who holds a license issued under this chapter may not sell or offer for sale a new motor vehicle at a show or exhibition, but dealership personnel may be present to aid in showing and exhibiting new motor vehicles.(c)  This section does not prohibit the sale of a towable recreational vehicle, motor home, ambulance, fire-fighting vehicle, or tow truck at a show or exhibition if:(1)  the department receives written notice of the show or exhibition before the date the show or exhibition opens; and(2)  the sale is not otherwise prohibited by law.(d)  A rule adopted by the board regulating the off-site display or sale of towable recreational vehicles must include a provision that authorizes the display and sale of towable recreational vehicles at a private event in a trade area that would not otherwise qualify for the private event under the application of general participation requirements for organized dealer shows and exhibitions.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 85, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 13, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 14, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.05, eff. September 1, 2019.|
TX Occ Code § 2301.360 (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 H. Dealers|Section 2301.360. Review by Board Following Denial of Transfer

Sec. 2301.360.  REVIEW BY BOARD FOLLOWING DENIAL OF TRANSFER.  (a)  A dealer whose application is rejected under Section 2301.359 may file a protest with the board.  A protest filed under this section is a contested case.(b)  In a protest under this section, the board must determine whether the rejection was reasonable under the criteria described by Section 2301.359.  The burden is on the manufacturer or distributor to prove that the prospective transferee is not qualified under the criteria.  The board shall enter an order holding that the prospective transferee either is qualified or is not qualified.(c)  If the board's order is that the prospective transferee is qualified, the dealer's franchise is amended to reflect the change in franchisee, and the manufacturer or distributor shall accept the transfer for all purposes.(d)  If the board's order is that the prospective transferee is not qualified, the board may include in the order:(1)  specific reasons why the prospective transferee is not qualified;  and(2)  specific conditions under which the prospective transferee would be qualified.(e)  If the board's order that a prospective transferee is not qualified includes specific conditions under which the prospective transferee would be qualified, the board may retain jurisdiction of the dispute for a time certain to allow the dealer and prospective transferee to meet the conditions.|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. 2, eff. September 1, 2009.|
TX Occ Code § 2301.361 (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 H. Dealers|Section 2301.361. Independent Mobility Motor Vehicle Dealer

Sec. 2301.361.  INDEPENDENT MOBILITY MOTOR VEHICLE DEALER.  (a)  Notwithstanding any other law or rule, an independent mobility motor vehicle dealer may:(1)  purchase or otherwise acquire a new motor vehicle with a lowered floor or frame or a raised roof and door to fit or equip the motor vehicle for retail sale as a mobility motor vehicle;(2)  display a new mobility motor vehicle to a person with a disability to fit or equip the vehicle as a mobility motor vehicle for the person; and(3)  sell or arrange for the sale and delivery of a new mobility motor vehicle to a purchaser at the independent mobility motor vehicle dealer's place of business if the transaction occurs through or by a franchised dealer of the motor vehicle's chassis line make.(b)  An independent mobility motor vehicle dealer who purchased or acquired a new motor vehicle from a franchised dealer to equip the vehicle as a mobility motor vehicle may not advertise the vehicle for sale until the vehicle is fitted or equipped as a mobility motor vehicle.(c)  An independent mobility motor vehicle dealer may not sell or offer to sell a new motor vehicle other than a new mobility motor vehicle.|Added by Acts 2007, 80th Leg., R.S., Ch. 710 (H.B. 2216), Sec. 2, eff. June 15, 2007.|
TX Occ Code § 2301.362 (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 H. Dealers|Section 2301.362. Offsite Sales

Sec. 2301.362.  OFFSITE SALES.  (a)  Except as provided by Subsections (b) and (c) and Sections 2301.358(c) and (d), a dealer may only sell or offer to sell a motor vehicle from an established and permanent place of business:(1)  that is approved by the division; and(2)  for which a general distinguishing number has been issued.(b)  A dealer may sell or offer to sell a motor vehicle online through an advertisement on the Internet to a buyer who never personally appears at the dealer's established and permanent place of business.(c)  A dealer may sell, offer to sell, including by consignment, or exchange at a public auction an antique motor vehicle that is at least 25 years of age or a special interest vehicle that is at least 12 years of age or that has been the subject of a retail sale.(d)  For purposes of this section, "special interest vehicle" has the meaning assigned by Section 683.077, Transportation Code.|Added by Acts 2007, 80th Leg., R.S., Ch. 1363 (H.B. 2559), Sec. 1, eff. June 15, 2007.Renumbered from Occupations Code, Section 2301.361 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(74), eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 777 (H.B. 2481), Sec. 14, eff. September 1, 2015.|
TX Occ Code § 2301.363 (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 H. Dealers|Section 2301.363. Required Notice

Sec. 2301.363.  REQUIRED NOTICE.  A dealer that sells or exchanges a motor home or a towable recreational vehicle subject to inspection under Chapter 548, Transportation Code, shall notify the buyer in writing at the time of the sale or exchange that the motor vehicle is subject to inspection requirements.|Added by Acts 2009, 81st Leg., R.S., Ch. 717 (H.B. 2918), Sec. 1, eff. September 1, 2009.|
TX Occ Code § 2301.401 (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 I. Warranties: Reimbursement of Dealer|Section 2301.401. Warranty, Preparation, and Delivery Requirements

Sec. 2301.401.  WARRANTY, PREPARATION, AND DELIVERY REQUIREMENTS.  (a)  On request, a manufacturer or distributor shall provide to the department a copy of the current requirements the manufacturer or distributor imposes on its dealers with respect to the dealer's:(1)  duties under the manufacturer's or distributor's warranty; and(2)  vehicle preparation and delivery obligations.(b)  Warranty or preparation and delivery requirements placed on a dealer by a manufacturer are not enforceable unless the requirements are reasonable.|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. 14, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 15, eff. September 1, 2013.|
TX Occ Code § 2301.402 (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 I. Warranties: Reimbursement of Dealer|Section 2301.402. Rate of Compensation

Sec. 2301.402.  RATE OF COMPENSATION.  (a)  A manufacturer or distributor shall fairly and adequately compensate its dealers for warranty work.(b)  A manufacturer or distributor may not pay or reimburse a dealer an amount of money for warranty work that is less than the amount the dealer charges a retail customer for similar nonwarranty work.(c)  In computing the amount of money a dealer charges a retail customer under Subsection (b), the manufacturer or distributor shall use the greater of:(1)  the average labor rate charged during the preceding six months by the dealer on 100 sequential nonwarranty repair orders, exclusive of routine maintenance;  or(2)  the average labor rate charged for 90 consecutive days during the preceding six months by the dealer for nonwarranty repairs, exclusive of routine maintenance.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.403 (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 I. Warranties: Reimbursement of Dealer|Section 2301.403. Adjustment of Warranty Labor Rate

Sec. 2301.403.  ADJUSTMENT OF WARRANTY LABOR RATE.  (a)  A dealer may request an adjustment in the dealer's warranty labor rate.  The request must be sent to the manufacturer or distributor by certified mail, return receipt requested, and must state the requested rate and include information reasonably necessary to enable the manufacturer or distributor to adequately evaluate the request.(b)  Not later than the 60th day after the date of receipt of a request under this section, the manufacturer or distributor shall provide written notice to the requesting dealer of the approval or disapproval of the request.  If the request is disapproved, the manufacturer or distributor shall state the reasons for the disapproval.(c)  A requesting dealer may file a protest with the board if the manufacturer or distributor:(1)  disapproves the request;  or(2)  fails to respond within the time required by this section.(d)  After a protest is filed, the board may uphold the manufacturer's or distributor's decision only if the manufacturer or distributor proves by a preponderance of the evidence that the disapproval of the request or failure to respond was reasonable.(e)  If the board does not determine that the disapproval of the request or failure to respond was reasonable, the board shall order the requested rate into effect as of the 60th day after the receipt of the request by the manufacturer or distributor.(f)  Except by agreement of the parties, a warranty labor rate established under this subchapter may not be adjusted more often than once a year.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.404 (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 I. Warranties: Reimbursement of Dealer|Section 2301.404. Time for Payment

Sec. 2301.404.  TIME FOR PAYMENT.  (a)  A manufacturer or distributor shall pay a dealer's claim for reimbursement for warranty work or dealer preparation and delivery work not later than the 30th day after the date of approval of the claim.(b)  A claim that is not disapproved before the 31st day after the date of receipt is considered approved.(c)  If a claim is disapproved, the manufacturer or distributor shall provide the dealer written notice of the reasons for the disapproval.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.405 (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 I. Warranties: Reimbursement of Dealer|Section 2301.405. Charge Back to Dealer

Sec. 2301.405.  CHARGE BACK TO DEALER.  (a)  A manufacturer or distributor may not charge back to a dealer money paid by the manufacturer or distributor to satisfy a claim approved and paid under this subchapter unless the manufacturer or distributor shows that:(1)  the claim was false or fraudulent;(2)  repair work was not properly performed or was unnecessary to correct a defective condition;  or(3)  the dealer who made the claim failed to substantiate the claim as provided by the manufacturer's or distributor's requirements that were enforceable under Section 2301.401 at the time the claim was filed.(b)  A manufacturer or distributor may not audit a claim filed under this subchapter after the first anniversary of the date the claim is submitted unless the manufacturer or distributor has reasonable grounds to suspect that the claim was fraudulent.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.406 (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 I. Warranties: Reimbursement of Dealer|Section 2301.406. Prohibited Requirements for Payment

Sec. 2301.406.  PROHIBITED REQUIREMENTS FOR PAYMENT.  A manufacturer or distributor may not require, as a prerequisite to the payment of a claim for reimbursement, that a dealer file a statement of actual time spent in performance of labor, unless actual time is the basis for reimbursement.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.451 (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 2301.451. Prohibition: Items Not Ordered

Sec. 2301.451.  PROHIBITION:  ITEMS NOT ORDERED.  A manufacturer, distributor, or representative may not require or attempt to require a franchised dealer to order, accept delivery of, or pay anything of value, directly or indirectly, for a motor vehicle or an appliance, part, accessory, or any other commodity unless the dealer voluntarily ordered or contracted for the item.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.452 (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 2301.452. Delivery of Motor Vehicle or Part

Sec. 2301.452.  DELIVERY OF MOTOR VEHICLE OR PART.  (a)  A manufacturer, distributor, or representative shall deliver in a reasonable quantity and within a reasonable time to a franchised dealer who holds a franchise for a motor vehicle sold or distributed by the manufacturer, distributor, or representative any new motor vehicle or part or accessory for a new motor vehicle as covered by the franchise if the vehicle, part, or accessory is publicly advertised as being available for delivery or is actually being delivered.(b)  This section does not apply to a delivery prevented by:(1)  an act of God;(2)  a work stoppage or delay because of a strike or labor dispute;(3)  a freight embargo;  or(4)  another cause beyond the control of the manufacturer, distributor, or representative.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.454 (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 2301.454. Modification or Replacement of Franchise

Sec. 2301.454.  MODIFICATION OR REPLACEMENT OF FRANCHISE.  (a)  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not modify or replace a franchise if the modification or replacement would adversely affect to a substantial degree the dealer's sales, investment, or obligations to provide service to the public, unless:(1)  the manufacturer, distributor, or representative provides written notice by registered or certified mail to each affected dealer and the department of the modification or replacement; and(2)  if a protest is filed under this section, the board approves the modification or replacement.(b)  The notice required by Subsection (a)(1) must:(1)  be given not later than the 60th day before the date of the modification or replacement; and(2)  contain on its first page a conspicuous statement that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS ACTION."(c)  A franchised dealer may file a protest with the board of the modification or replacement not later than the latter of:(1)  the 60th day after the date of the receipt of the notice;  or(2)  the time specified in the notice.(d)  After a protest is filed, the board shall determine whether the manufacturer, distributor, or representative has established by a preponderance of the evidence that there is good cause for the proposed modification or replacement.  The prior franchise continues in effect until the board resolves the protest.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.615, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 15, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 4, eff. September 1, 2021.|
TX Occ Code § 2301.455 (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 2301.455. Determination of Good Cause for Termination, Discontinuance, Modification, or Replacement

Sec. 2301.455.  DETERMINATION OF GOOD CAUSE FOR TERMINATION, DISCONTINUANCE, MODIFICATION, OR REPLACEMENT.  (a)  Notwithstanding the terms of any franchise, in determining whether good cause has been established under Section 2301.453 or 2301.454, 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 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;(6)  the parties' compliance with the franchise, except to the extent that the franchise conflicts with this chapter;  and(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.(b)  The desire of a manufacturer, distributor, or representative for market penetration does not by itself constitute good cause.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.456 (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 2301.456. Use of Advertising

Sec. 2301.456.  USE OF ADVERTISING.  A manufacturer, distributor, or representative may not:(1)  use any false, deceptive, or misleading advertising;  or(2)  notwithstanding the terms of any franchise, require that a franchised dealer join, contribute to, or affiliate with, directly or indirectly, any advertising association.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.457 (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 2301.457. Prohibition: Change of Franchised Dealer's Capital Structure

Sec. 2301.457.  PROHIBITION:  CHANGE OF FRANCHISED DEALER'S CAPITAL STRUCTURE.  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not prevent a franchised dealer who meets reasonable capital requirements from reasonably changing:(1)  the capital structure of the dealership;  or(2)  the means by or through which the dealer finances the operation of the dealership.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.458 (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 2301.458. Prohibition: Change in Dealer Ownership

Sec. 2301.458.  PROHIBITION:  CHANGE IN DEALER OWNERSHIP.  Notwithstanding the terms of any franchise, except as provided by Section 2301.359 or 2301.360, a manufacturer, distributor, or representative may not fail to give effect to or attempt to prevent the sale or transfer of:(1)  a dealer, dealership, or franchise;(2)  an interest in a dealer, dealership, or franchise;  or(3)  the management of a dealer, dealership, or franchise.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|
TX Occ Code § 2301.459 (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 2301.459. Prohibition: Use of Promissory Note, Security Agreement, or Insurance Policy

Sec. 2301.459.  PROHIBITION:  USE OF PROMISSORY NOTE, SECURITY AGREEMENT, OR INSURANCE POLICY.  Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not require or attempt to require that a franchised dealer assign to or act as an agent for a manufacturer, distributor, or representative to secure:(1)  a promissory note or security agreement given in connection with the sale or purchase of a new motor vehicle;  or(2)  an insurance policy on or having to do with the operation of a vehicle that is sold.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.|