reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter C. Operation of Electric Vehicle Supply Equipment › Section 2311.0303. Specifications

Sec. 2311.0303.  SPECIFICATIONS.  (a)  Specifications and tolerances for electric vehicle supply equipment shall be the same as those recommended by the National Institute of Standards and Technology.
(b)  Electric vehicle supply equipment must be installed and operated in accordance with Chapter 1305.
(c)  The commission may adopt rules as necessary to establish standards under this chapter.
(d)  This subsection applies only to electric vehicle supply equipment installed after December 1, 2024, that is made available to the public, is not intended primarily for private use, and is funded by a public grant or a rebate program.  The commission, in consultation with the Texas Department of Transportation, shall adopt standards that require electric vehicle supply equipment to be equipped with a standard electric vehicle charging connector or plug type that is widely compatible with as many types of electric vehicles as practicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter C. Operation of Electric Vehicle Supply Equipment › Section 2311.0304. Fees; Disclosures

Sec. 2311.0304.  FEES; DISCLOSURES.  (a)  An electric vehicle supply provider shall disclose on the display of the electric vehicle supply equipment or on the electric vehicle supply provider's digital network:
(1)  the fee calculation method or methods; and
(2)  applicable surcharges.
(b)  Before the user begins charging, the electric vehicle supply provider shall disclose:
(1)  the rate the user will be charged at the time of the transaction based on the available fee calculation method or methods; and
(2)  a list of applicable surcharges.
(c)  In accordance with commission rule, an electric vehicle supply provider shall show on the display of the provider's electric vehicle supply equipment or on the provider's digital network a notice to consumers that:
(1)  states that the department regulates electric vehicle supply equipment; and
(2)  provides information on filing a complaint with the department about electric vehicle supply equipment.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter C. Operation of Electric Vehicle Supply Equipment › Section 2311.0305. Receipt

Sec. 2311.0305.  RECEIPT.  After a reasonable period following the completion of a commercial transaction for electric vehicle charging, on request of a user, the electric vehicle supply provider shall transmit a summary that includes:
(1)  the date and time of the transaction;
(2)  the physical location of the electric vehicle supply equipment;
(3)  the duration of and kilowatt hours provided during the transaction; and
(4)  an itemization of the total fees paid, including surcharges, if applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter C. Operation of Electric Vehicle Supply Equipment › Section 2311.0306. Repair of Damaged Electric Vehicle Supply Equipment

Sec. 2311.0306.  REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY EQUIPMENT.  (a)  An electric vehicle supply provider shall:
(1)  remove from operation in a manner that prevents use and access by the public, in accordance with commission rules, electric vehicle supply equipment that poses a safety risk; and
(2)  remove electric vehicle supply equipment that poses a safety risk from the electric vehicle supply provider's digital network listing of available charging units.
(b)  If the department determines that electric vehicle supply equipment poses a safety risk, the department shall place a tag or other mark with the words "Out of Order" on the electric vehicle supply equipment.
(c)  An electric vehicle supply provider may not return electric vehicle supply equipment to operation until the equipment has been repaired in accordance with manufacturer specifications and commission rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter D. Enforcement › Section 2311.0401. Disciplinary Action

Sec. 2311.0401.  DISCIPLINARY ACTION.  A person is subject to the denial of an application, imposition of an administrative penalty under Subchapter F, Chapter 51, or disciplinary action under Section 51.353 if the person engages in a commercial transaction in violation of this chapter or a rule adopted under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter D. Enforcement › Section 2311.0402. Administrative Procedures

Sec. 2311.0402.  ADMINISTRATIVE PROCEDURES.  A proceeding for the denial of a registration or a disciplinary action or an appeal from that proceeding is governed by Chapter 2001, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter A. General Provisions › Section 2312.001. Definitions

Sec. 2312.001.  DEFINITIONS.  In this chapter:
(1)  "Card fraud" means an act that constitutes the offense of fraudulent use or possession of a credit card or debit card under Section 32.315, Penal Code.
(2)  "Center" means the financial crimes intelligence center established under this chapter.
(3)  "Commission" means the Texas Commission of Licensing and Regulation.
(4)  "Department" means the Texas Department of Licensing and Regulation.
(5)  "Skimmer" means an electronic, mechanical, or other device that may be used to unlawfully intercept electronic communications or data to perpetrate card fraud.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter A. General Provisions › Section 2312.002. Rules

Sec. 2312.002.  RULES.  The commission shall adopt rules as necessary to implement this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter B. Purpose and Administration › Section 2312.051. Financial Crimes Intelligence Center Established

Sec. 2312.051.  FINANCIAL CRIMES INTELLIGENCE CENTER ESTABLISHED.  The commission shall establish the center within the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter B. Purpose and Administration › Section 2312.052. Purposes of Center

Sec. 2312.052.  PURPOSES OF CENTER.  The purposes of the center are to:
(1)  serve as the state's primary entity for the planning, coordination, and integration of law enforcement agencies and other governmental agencies that respond to criminal activity related to card fraud, including through the use of skimmers; and
(2)  maximize the ability of the department, law enforcement agencies, and other governmental agencies to detect, prevent, and respond to criminal activities related to card fraud.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter B. Purpose and Administration › Section 2312.053. Operation Agreements Authorized; Chief Intelligence Coordinator

Sec. 2312.053.  OPERATION AGREEMENTS AUTHORIZED; CHIEF INTELLIGENCE COORDINATOR.  (a)  The department:
(1)  may enter into agreements with law enforcement agencies or other governmental agencies for the operation of the center; and
(2)  shall enter into an agreement with a law enforcement agency or other governmental agency for the appointment of a chief intelligence coordinator to supervise and manage the operation of the center.
(b)  The chief intelligence coordinator appointed under the agreement required by Subsection (a)(2) may be a licensed peace officer.  The agreement must provide that the commission of a chief intelligence coordinator who is a licensed peace officer will be carried by the agency with which the department enters into the agreement under that subdivision.
(c)  Information a law enforcement agency or other governmental agency collects and maintains under an agreement entered into with the department under this chapter is the intellectual property of the center. On termination of the agreement, the contracting agency shall transfer the information to the department in accordance with the terms of the agreement.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter B. Purpose and Administration › Section 2312.054. Powers and Duties

Sec. 2312.054.  POWERS AND DUTIES.  (a)  The center may collaborate with federal, state, and local governmental agencies to accomplish the purposes of the center.
(b)  The center shall assist law enforcement agencies, other governmental agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, institutions of higher education, and merchants in their efforts to develop and implement strategies to:
(1)  detect skimmers;
(2)  ensure an effective response if a skimmer is found; and
(3)  prevent card fraud.
(c)  The center may:
(1)  serve as a centralized collection point for information related to card fraud;
(2)  provide training and educational opportunities to law enforcement;
(3)  provide outreach to the public; and
(4)  release information to affected financial institutions, credit card issuers, debit card issuers, payment card networks, institutions of higher education, and merchants if the center does not consider the information to be sensitive to law enforcement.
(d)  For purposes of Subsection (c)(4), information is considered sensitive to law enforcement if the information could cause harm to law enforcement activities or jeopardize an investigation or operation if disclosed.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter B. Purpose and Administration › Section 2312.055. Annual Report

Sec. 2312.055.  ANNUAL REPORT.  (a)  Not later than December 1 of each year, the chief intelligence coordinator shall file a report with the department.
(b)  The report must include:
(1)  a plan of operation for the center and an estimate of the amount of money necessary to implement that plan;
(2)  an assessment of the current state of card fraud in this state, including:
(A)  an identification of the geographic locations in this state that have the highest statistical probability for card fraud; and
(B)  a summary of card fraud statistics for the year in which the report is filed;
(3)  a detailed plan of operation for combatting card fraud;
(4)  a communications plan for outreach to law enforcement agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, merchants, and the public; and
(5)  a list of expenditures made since the most recent report was filed with the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter C. Financial Provisions › Section 2312.101. Funding

Sec. 2312.101.  FUNDING.  The department may solicit and accept gifts, grants, and other donations to fund, administer, and carry out the purposes of the center, except that the department may not solicit or accept a gift, grant, or other donation from a license holder as defined by Section 2310.151.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2312 - Financial Crimes Intelligence Center › Subchapter C. Financial Provisions › Section 2312.102. Award of Grants

Sec. 2312.102.  AWARD OF GRANTS.  (a)  Subject to the availability of appropriated money, the department may award grants for the purposes of this chapter by entering into a contract with each grant recipient.
(b)  A grant recipient may use grant money to:
(1)  reduce card fraud by removing skimmers;
(2)  purchase or upgrade fraud deterrence equipment, including unique locking systems, cameras, and lights;
(3)  provide training opportunities regarding skimmers; and
(4)  conduct public outreach regarding card fraud.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 2, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter A. General Provisions › Section 2351.001. Definition

Sec. 2351.001.  DEFINITION.  In this chapter, "contracting stevedore" means a person, firm or association of persons, or corporation that contracts with another person or corporation, including an agent, owner, master, manager, or captain of a vessel, to load or unload a vessel.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter B. Bond and License Requirements › Section 2351.051. Bond and License Required

Sec. 2351.051.  BOND AND LICENSE REQUIRED.  A contracting stevedore must execute a bond and obtain a license in each county in which the contracting stevedore engages in business as a contracting stevedore.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter B. Bond and License Requirements › Section 2351.052. Bond Terms and Conditions

Sec. 2351.052.  BOND TERMS AND CONDITIONS.  (a)  A bond executed under this subchapter must:
(1)  be in the amount of $5,000;
(2)  be conditioned that the contracting stevedore will:
(A)  on Saturday of each week pay wages promptly according to the agreed wage scale to each laborer who engaged in loading and unloading a vessel;  and
(B)  perform each agreement the contracting stevedore enters into with a laborer with respect to the loading and unloading of a vessel;  and
(3)  be payable to the county judge of the county in which the contracting stevedore does business as trustee for any person who may be entitled to recover under the bond.
(b)  The bond must be made with:
(1)  a surety company authorized to do business in this state;  or
(2)  two or more good and sufficient sureties, each of whom is a resident of this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter B. Bond and License Requirements › Section 2351.053. Approval and Recording of Bond

Sec. 2351.053.  APPROVAL AND RECORDING OF BOND.  (a)  The bond must be approved by the county clerk of the county in which the contracting stevedore engages in business.
(b)  The county clerk shall file and record the bond.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter B. Bond and License Requirements › Section 2351.054. License Application and Issuance

Sec. 2351.054.  LICENSE APPLICATION AND ISSUANCE.  (a)  Before engaging in business as a contracting stevedore in any county, the contracting stevedore must file a written application for a license with the county clerk.
(b)  The county clerk shall issue the license on:
(1)  approval of the bond executed under this subchapter;  and
(2)  receipt of a $5 license fee.
(c)  The county clerk shall deposit the license fee into the general fund of the county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter B. Bond and License Requirements › Section 2351.055. Annual Renewal

Sec. 2351.055.  ANNUAL RENEWAL.  A contracting stevedore must execute a new bond and obtain a new license on each anniversary of the date the former license is issued.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter C. Enforcement Provisions › Section 2351.101. Criminal Penalty

Sec. 2351.101.  CRIMINAL PENALTY.  (a)  A contracting stevedore commits an offense if the contracting stevedore engages in business as a contracting stevedore without first executing the bond and obtaining the license required by Section 2351.051.
(b)  An offense under this section is punishable by a fine of not less than $100 or more than $500.
(c)  Each day of violation is a separate offense.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2351 - Stevedores › Subchapter C. Enforcement Provisions › Section 2351.102. Suit on Bond

Sec. 2351.102.  SUIT ON BOND.  (a)  A person to whom wages are not paid as required by Section 2351.052(a)(2) may bring suit and recover under the bond executed under Subchapter B.
(b)  The bond may be sued on until:
(1)  the full amount of the bond is exhausted;  or
(2)  suits sufficient to exhaust the bond are pending.
(c)  If a bond is exhausted under this section, the contracting stevedore shall execute and file a new bond that meets the requirements of Subchapter B.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter A. General Provisions › Section 2352.001. Definitions

Sec. 2352.001.  DEFINITIONS.  In this chapter:
(1)  "Agreement" means a written agreement between a manufacturer or distributor and a dealer for the purchase and sale of new boats or new boat motors.
(2)  "Boat" means:
(A)  a motorboat;  or
(B)  any other vessel that is more than 14 feet in length and is designed to be propelled by a sail.
(2-a)  "Boat motor" means a mechanical form of propulsion for a vessel, including an inboard or outboard motor.
(3)  "Dealer" means a person engaged in the business of buying, selling, selling on consignment, displaying for sale, or exchanging at least five vessels, motorboats, or boat motors during a calendar year.
(4)  "Distributor" means a person who:
(A)  offers for sale, sells, or distributes new boats or new boat motors to dealers; or
(B)  controls a person described by Paragraph (A).
(5)  "Manufacturer" means a person engaged in the business of manufacturing new and unused vessels or boat motors for the purpose of sale or trade.
(5-a)  "Marketing standards" means mutually agreed standards in a manufacturer's marketing or promotional activities.
(6)  "Motorboat" has the meaning assigned by Section 31. 003, Parks and Wildlife Code.
(7)  "New" has the meaning assigned by Section 31.003, Parks and Wildlife Code.
(8)  "Outboard motor" has the meaning assigned by Section 31.003, Parks and Wildlife Code.
(8-a)  "Performance standards" means reasonable standards that are mutually developed and agreed to by a manufacturer and a dealer relating to:
(A)  achievement of market share by a dealer for manufacturer products sold in a territory;
(B)  achievement of a level of performance in a manufacturer's certified dealer program, if any; and
(C)  participation in a plan that addresses improvement, if needed, in dealer performance.
(8-b)  "Territory" means:
(A)  for the sale of a manufacturer's boats, a defined geographical area within which a dealer is appointed by the manufacturer as the sole authorized dealer; or
(B)  for the sale of all other manufacturer products, a market area within which a dealer is appointed by the manufacturer as an authorized dealer.
(9)  "Vessel" has the meaning assigned by Section 31.003, Parks and Wildlife Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter B. Dealer Agreements › Section 2352.051. Agreement Required

Sec. 2352.051.  AGREEMENT REQUIRED.  A manufacturer or distributor contracting with a dealer may not sell or offer for sale, and a dealer may not purchase or offer to purchase, a new boat or a new boat motor unless the manufacturer or distributor and the dealer enter into an agreement that complies with 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. 1148 (H.B. 1960), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter B. Dealer Agreements › Section 2352.052. Terms of Agreement

Sec. 2352.052.  TERMS OF AGREEMENT.  (a)  An agreement under this chapter must include:
(1)  the dealer's territory and dealership locations;
(2)  the length of the agreement, which must be not less than three years;
(3)  performance standards or marketing standards, if any;
(4)  working capital, inventory, facility, equipment, or tool standards, including mutually agreed minimum product stocking requirements, if any;
(5)  provisions for termination or nonrenewal of the agreement and the designation of a successor dealer in the event of the dealer's death or disability;
(6)  the obligations of the manufacturer, distributor, and dealer in the preparation and delivery of and warranty service on new boats and new boat motors;
(7)  the obligations of the manufacturer, distributor, and dealer on termination of the agreement, including inventory of new boats and new boat motors, parts inventory, equipment, furnishings, special tools, and required signs;
(8)  mutually agreed standards for maintenance of:
(A)  a dedicated or self-funded line of credit, if any; and
(B)  a trade-in line of credit or self-funded trade-in line of credit, if any; and
(9)  dispute resolution procedures.
(b)  At the end of the first year of an agreement, a dealer and manufacturer shall evaluate the dealer's progress in meeting the agreement's performance standards, marketing standards, and line of credit standards, to determine whether to enter into a new three-year agreement.
(c)  If the dealer and manufacturer enter into a new agreement, the initial agreement is void. If the dealer and manufacturer do not enter into a new agreement, the dealer and manufacturer are bound by the terms and conditions of the initial agreement.
(d)  Notwithstanding the terms of a dealer agreement, a dealer agreement and any transaction subject to this chapter must comply with the requirements of this chapter.
(e)  Notwithstanding Subsection (a)(2), an initial agreement between a dealer and a manufacturer may have a term of less than three years.  An extension or renewal of the initial agreement or a subsequent agreement under this chapter between the same dealer and manufacturer must be for a term of not less than three years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter B. Dealer Agreements › Section 2352.0521. Performance Standards

Sec. 2352.0521.  PERFORMANCE STANDARDS.  (a)  A manufacturer shall make reasonable efforts to provide a dealer with information regarding the dealer's compliance with performance standards.
(b)  Performance standards must be evaluated on an annual basis and, if a dealer and manufacturer agree, may be adjusted to promote the sale of the manufacturer's products.
(c)  If revised performance standards are not agreeable, the initial performance standards remain in place until the expiration of the agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter B. Dealer Agreements › Section 2352.0522. Dealer Territory

Sec. 2352.0522.  DEALER TERRITORY.  (a)  During the term of an agreement, a manufacturer may not appoint another authorized dealer for the sale of the manufacturer's boats in a dealer's territory.
(b)  Except for purposes of advertising without an advertised price or with a manufacturer's suggested retail price, a dealer may not advertise or promote the sale of the manufacturer's boats outside the dealer's territory, including through the Internet.
(c)  A dealer may not use a broker in another dealer's territory to sell a manufacturer's boat.
(d)  This chapter does not prohibit a dealer from selling a boat to a customer residing outside of the dealer's territory who independently visits the dealership and seeks to purchase a boat from the dealer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter B. Dealer Agreements › Section 2352.0523. Default

Sec. 2352.0523.  DEFAULT.  (a)  A default under an agreement under this chapter by a manufacturer, distributor, or dealer is:
(1)  a material failure to meet minimum product stocking requirements as specified by the agreement;
(2)  a material failure to make timely payment of any material obligation as specified by the agreement;
(3)  a material failure to substantially comply with a federal, state, or local law, rule, regulation, ordinance, or order applicable to the agreement; or
(4)  an act of material fraud relating to the performance of a right or obligation under the agreement.
(b)  A default by a dealer under an agreement under this chapter is:
(1)  a material failure to meet applicable performance standards as specified by the agreement for a defined one model year marketing cycle;
(2)  a material failure to meet applicable marketing standards as specified by the agreement;
(3)  a material failure to meet applicable standards for a dedicated or self-funded line of credit or a trade-in or self-funded trade-in line of credit as specified by the agreement; or
(4)  the marketing of the manufacturer's boats by the dealer outside of the dealer's territory in violation of this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter B. Dealer Agreements › Section 2352.0524. Cure of Default

Sec. 2352.0524.  CURE OF DEFAULT.  (a)  Except as provided by Section 2352.053(d)(3), (8), or (9), a manufacturer or distributor must give a dealer written notice of a default under Section 2352.0523 and allow the dealer to cure the default within a cure period as provided by Subsection (b).
(b)  A dealer must cure a default not later than the:
(1)  30th day after the date of receipt of notice of a default under Section 2352.0523(a)(2) or (b)(4);
(2)  60th day after the date of receipt of notice of a default under Section 2352.0523(b)(2) or (3);
(3)  90th day after the date of receipt of notice of a default under Section 2352.0523(a)(1); or
(4)  180th day after the date of receipt of notice of a default under Section 2352.0523(b)(1).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter B. Dealer Agreements › Section 2352.053. Termination or Nonrenewal of Agreement; Notice

Sec. 2352.053.  TERMINATION OR NONRENEWAL OF AGREEMENT;  NOTICE.  (a)  Except as provided by Subsection (d), a manufacturer or distributor may not terminate an agreement unless the dealer defaults under Section 2352.0523 and:
(1)  the manufacturer or distributor gives the dealer written notice of the default and possible termination in clear and concise terms;
(2)  the notice states the default;
(3)  the dealer has been given the applicable cure period to make a good faith effort to cure the default stated in the notice; and
(4)  the dealer fails to cure the default.
(b)  Good cause is not required for the nonrenewal of an agreement.
(c)  The fact that a dealer holds an agreement involving another line, make, or brand of new boat or new boat motor does not constitute a default or grounds for termination of an agreement.
(d)  A manufacturer or distributor may terminate an agreement on written notice, without a cure period, if the dealer:
(1)  financially defaults to the manufacturer, the distributor, or a financing source;
(2)  becomes subject to an order for relief, as that term is used in Title 11, United States Code;
(3)  engages in an act of material fraud relating to the performance of a right or obligation under the agreement;
(4)  is a corporation that ceases to exist;
(5)  becomes insolvent or takes or fails to take any action that constitutes an admission of inability to pay debts as the debts mature;
(6)  makes a general assignment for the benefit of creditors to an agent authorized to liquidate any substantial amount of assets;
(7)  applies to a court for the appointment of a receiver for any assets or properties;
(8)  fails to substantially comply with a federal, state, or local law, rule, regulation, ordinance, or order applicable to the agreement; or
(9)  receives three valid notices of a default under Section 2352.0523 for the same default, whether cured or not, within a  12-month period.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.101. Delivery Requirements

Sec. 2352.101.  DELIVERY REQUIREMENTS.  (a)  A manufacturer or distributor who publicly advertises a new boat, new boat motor, or part as available for immediate delivery shall deliver the boat, boat motor, or part in reasonable quantities and within a reasonable time after receipt of an order from a dealer who has an agreement with the manufacturer or distributor applicable to the advertised boat, boat motor, or part.
(b)  Subsection (a) does not apply if circumstances beyond the control of the manufacturer or distributor prevent the delivery.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.102. Sale, Transfer, or Passage of Title

Sec. 2352.102.  SALE, TRANSFER, OR PASSAGE OF TITLE.  A manufacturer or distributor may not unreasonably withhold approval of a sale, transfer, or passage of title of a dealer, agreement, management of the dealer, or designation of a successor dealer if:
(1)  the dealer complies with any provisions in the agreement for the sale, transfer, or passage of title;
(2)  the transferee meets the criteria:
(A)  stated in the agreement;  or
(B)  generally applied by the manufacturer or distributor in similar situations;  and
(3)  the transferee agrees to be bound by the terms and conditions of the manufacturer's or distributor's standard agreement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.103. Financing

Sec. 2352.103.  FINANCING.  (a)  A manufacturer or distributor may not require a dealer to finance through a particular financing source a new boat or new boat motor sold by the dealer.
(b)  A manufacturer or distributor may not require a dealer to act as the manufacturer's or distributor's agent in securing:
(1)  a promissory note and security agreement in connection with the sale or purchase of a new boat or new boat motor; or
(2)  an insurance policy on the operation of a new boat or new boat motor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.104. Sale of Parts and Accessories and Service After Termination or Nonrenewal of Agreement

Sec. 2352.104.  SALE OF PARTS AND ACCESSORIES AND SERVICE AFTER TERMINATION OR NONRENEWAL OF AGREEMENT.  (a)  After a manufacturer or distributor terminates or does not renew an agreement, the former dealer may continue to purchase parts and accessories to service the products covered by the agreement until the first anniversary of the date of termination or nonrenewal.  The manufacturer or distributor shall sell parts and accessories under this subsection at the same price offered to a current dealer.
(b)  Until the first anniversary of the date of termination or nonrenewal of an agreement, a dealer shall continue to perform warranty work for the manufacturer's products, unless otherwise specified by the manufacturer in the termination notice.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.105. Compensation for Warranty Service

Sec. 2352.105.  COMPENSATION FOR WARRANTY SERVICE.  (a)  A manufacturer or distributor shall fairly compensate a dealer for the work and services the dealer performs and for expenses the dealer incurs to comply with a manufacturer's or distributor's warranty.
(b)  Except as provided by Subsection (c), a manufacturer or distributor may not pay a dealer a labor rate for warranty work that is less than the rate the dealer charges retail customers for nonwarranty work of the same kind by similar technicians.
(c)  A manufacturer or distributor who has a warranty program that reimburses a dealer at 100 percent of the dealer's retail labor rate if the dealer complies with reasonable and objective criteria shall pay the dealer the labor rate provided by the terms of the program or a rate equal to 80 percent of the dealer's retail labor rate, whichever rate is higher.
(d)  A manufacturer or distributor shall approve or disapprove a dealer's written claim for warranty work not later than the second business day after the date of receipt of the claim.  If the claim is approved, the manufacturer or distributor shall pay the claim not later than the 30th day after the date of receipt of the dealer's written invoice or written proof of completion of the warranty work.  If the claim is disapproved, the manufacturer or distributor shall notify the dealer of the grounds for disapproval.
(e)  A manufacturer or distributor may not audit a claim filed for warranty work after the first anniversary of the date the claim is submitted.
(f)  A manufacturer must act as the single source of contact for the dealer for the manufacturer's component part product warranties, other than engine-related product warranties.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.1051. Delivery of Parts

Sec. 2352.1051.  DELIVERY OF PARTS.  On signing an agreement, a manufacturer shall provide the dealer with a written statement of the approximate amount of time the manufacturer takes to deliver a part to the dealer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.106. Refunds, Rebates, and Discounts

Sec. 2352.106.  REFUNDS, REBATES, AND DISCOUNTS.  A dealer may not pay or assume a part of a refund, rebate, discount, or other financial adjustment made by the manufacturer or distributor to a customer or a dealer unless the dealer voluntarily agrees to make the payment or assumption.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter C. Regulation of Manufacturers, Distributors, and Dealers › Section 2352.107. Repurchase by Manufacturer or Distributor

Sec. 2352.107.  REPURCHASE BY MANUFACTURER OR DISTRIBUTOR.  (a)  A manufacturer or distributor who terminates an agreement shall repurchase on demand from the dealer any of the following items, purchased by the dealer from the manufacturer or distributor, that are free and clear of a lien or encumbrance:
(1)  a new, unsold, and complete boat, with accessories and packaged trailers sold with the boat, and any boat motor that:
(A)  is in the dealer's inventory; and
(B)  was purchased during the two years preceding the date of the termination; and
(2)  any new, current, unsold, undamaged, and unused parts or accessories for boats or boat motors in the original resalable merchandising package.
(b)  A demand for repurchase must be made in writing not later than the 90th day after the date the manufacturer or distributor terminates the agreement.  The dealer must provide the manufacturer or distributor with a complete list of the items to be repurchased.  The manufacturer or distributor shall complete the repurchase not later than the 30th day after the date the dealer demands the repurchase.
(c)  The manufacturer or distributor shall:
(1)  repurchase an item described by Subsection (a)(1) at the dealer's invoiced cost, less any allowance paid to the dealer;
(2)  repurchase an item described by Subsection (a)(2) at the dealer's invoiced cost;  and
(3)  pay the cost incurred by the dealer to transport an item described by Subsection (a) to the manufacturer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter D. Enforcement Provisions › Section 2352.201. Civil Liability

Sec. 2352.201.  CIVIL LIABILITY.  A person who violates this chapter or an agreement regulated by this chapter is liable to an injured party for:
(1)  the actual damages caused by the violation;  and
(2)  reasonable legal fees and court costs if litigation is commenced in connection with the violation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter D. Enforcement Provisions › Section 2352.202. Venue for Dispute

Sec. 2352.202.  VENUE FOR DISPUTE.  Venue for a dispute under an agreement is in the county of the dealer's principal place of business as stated in the agreement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter D. Enforcement Provisions › Section 2352.203. Arbitration

Sec. 2352.203.  ARBITRATION.  A dealer may not be required to submit to arbitration on an issue between the dealer and the manufacturer or distributor at a location that is out of state or an unreasonable distance from the dealer's principal place of business.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle B - Regulations Related to Vessels › Chapter 2352 - Boat Manufacturers, Distributors, and Dealers › Subchapter D. Enforcement Provisions › Section 2352.204. Civil Penalty

Sec. 2352.204.  CIVIL PENALTY.  (a)  A manufacturer or distributor who violates  this chapter is liable to this state for a civil penalty.  The amount of the penalty may not exceed $500 for each violation.
(b)  Each sale of a new boat or boat motor by a manufacturer or distributor in violation of Section 2352.051 is a separate violation.
(c)  The attorney general may sue to collect a civil penalty under this section.  The attorney general may recover, on behalf of the state, the reasonable expenses incurred in obtaining the penalty, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 12, eff. September 1, 2011.