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 2301 - Sale or Lease of Motor Vehicles › Subchapter K. Mediation Between Dealer and Manufacturer or Distributor › Section 2301.526. Costs of Mediation

Sec. 2301.526.  COSTS OF MEDIATION.  (a)  The board is not liable for the compensation paid or to be paid to a mediator employed under this subchapter.
(b)  Without regard to the outcome of mediation or subsequent regulatory or judicial proceedings, costs incurred by a party in mediation required by this subchapter may not be imposed on the opposing party.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter K. Mediation Between Dealer and Manufacturer or Distributor › Section 2301.527. Jurisdiction of Board

Sec. 2301.527.  JURISDICTION OF BOARD.  The board retains jurisdiction of the subject matter of and parties to a dispute during mediation and may, on the motion of a party or on its own motion, enter appropriate orders.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter K. Mediation Between Dealer and Manufacturer or Distributor › Section 2301.528. Effect of Mediation on Chapter

Sec. 2301.528.  EFFECT OF MEDIATION ON CHAPTER.  (a)  Except as provided by this subchapter, mediation under this subchapter does not affect a procedural right or duty conferred by this chapter or by board rule.
(b)  Procedural time limits imposed by this chapter or under the authority of this chapter are tolled during mediation.
(c)  Mediation does not affect any right of a person who is not a party to the mediation.
(d)  The board shall stay proceedings involving the parties in mediation until the board receives the mediator's certification that mediation has concluded.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter K. Mediation Between Dealer and Manufacturer or Distributor › Section 2301.529. Outcome of Mediation

Sec. 2301.529.  OUTCOME OF MEDIATION.  (a)  If mediation resolves the dispute, the board shall enter an order incorporating the terms of the agreement reached in mediation.
(b)  If mediation does not resolve the dispute, the board shall proceed to a contested case hearing or other appropriate exercise of its jurisdiction.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators › Section 2301.551. Acceptance and Payment of Fees by Vehicle Lessor

Sec. 2301.551.  ACCEPTANCE AND PAYMENT OF FEES BY VEHICLE LESSOR.  (a)  A vehicle lessor may not directly or indirectly accept a fee from a dealer.  For purposes of this subsection, "fee" does not include an adjustment in the purchase price paid for the lease or leased vehicle.  This subsection does not authorize a fee for referring vehicle leases or prospective lessees.
(b)  A vehicle lessor may not pay a fee to any person in return for the solicitation, procurement, or production by the person of a prospective lessee of a motor vehicle unless the person:
(1)  holds a vehicle lease facilitator license issued under this chapter;  and
(2)  has an appointment from the lessor as provided by Section 2301.552.
(c)  The fees prohibited by this section do not include money paid to:
(1)  a franchised dealer as a part of the consideration for the sale or assignment of a lease or leased vehicle;  or
(2)  a franchised dealer who transfers title of the vehicle or assigns the lease contract to the lessor of the motor vehicle.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators › Section 2301.552. Appointment of Vehicle Lease Facilitator

Sec. 2301.552.  APPOINTMENT OF VEHICLE LEASE FACILITATOR.  (a)  A vehicle lessor may appoint one or more vehicle lease facilitators licensed under this chapter to represent the lessor in obtaining prospective vehicle lessees.
(b)  An appointment must:
(1)  be in writing;
(2)  disclose its terms;  and
(3)  comply with board rules.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators › Section 2301.553. Disclosure of Fee Required

Sec. 2301.553.  DISCLOSURE OF FEE REQUIRED.  (a)  In a vehicle lease solicited, procured, or produced by a vehicle lease facilitator, the vehicle lessor shall disclose to the lessee that a fee was paid or will be paid to the vehicle lease facilitator for the solicitation, procurement, or production of the lessee or the lease.
(b)  The vehicle lessor shall include the disclosure in a prominent position either:
(1)  on the face of the written memorandum of the vehicle lease;  or
(2)  on a separate instrument signed by the lessee at the same time as the signing of the vehicle lease.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators › Section 2301.554. Terms of Lease: Foreign Countries

Sec. 2301.554.  TERMS OF LEASE:  FOREIGN COUNTRIES.  (a)  Except as provided by Subsection (b) or by federal law, including a federal agency rule, a vehicle lessor may not, and the vehicle lease may not, prohibit the lessee from taking the vehicle that is the subject of the lease into a specific foreign country unless the lease prohibits the lessee from taking the vehicle into any foreign country.
(b)  In the interests of justice and giving deference to standard national business practices, the board may adopt a rule by which a lease may prohibit the lessee from taking the vehicle into a specific foreign country regardless of whether the lease prohibits the lessee from taking the vehicle into another foreign country.  In adopting a rule under this subsection the board shall give consideration to the proximity of international borders to prospective Texas lessees.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators › Section 2301.555. Limitations on Vehicle Lease Facilitator

Sec. 2301.555.  LIMITATIONS ON VEHICLE LEASE FACILITATOR.  (a)  A vehicle lease facilitator may not:
(1)  sell or offer to sell a new motor vehicle;
(2)  accept a fee from a dealer;
(3)  sign a motor vehicle manufacturer's statement of origin to a vehicle, accept an assignment of a manufacturer's statement of origin to a vehicle, or otherwise assume any element of title to a new motor vehicle;
(4)  procure or solicit a prospective vehicle lessee for or on behalf of any person other than a vehicle lessor;  or
(5)  act in the capacity of or engage in the business of a vehicle lease facilitator without having an appointment from a vehicle lessor as provided by Section 2301.552.
(b)  Except as provided by Subsection (a)(2), a vehicle lease facilitator may accept a fee for procuring a vehicle lessee or prospective vehicle lessee for or on behalf of a lessor.
(c)  This section does not:
(1)  limit the ability of a vehicle lease facilitator to accept an appointment from more than one vehicle lessor;  or
(2)  prohibit a vehicle lease facilitator from representing a vehicle lessor or lessee in acquiring a motor vehicle to lease the vehicle to another person.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators › Section 2301.5555. Authority to Sign Vehicle Lease as Lessor

Sec. 2301.5555.  AUTHORITY TO SIGN VEHICLE LEASE AS LESSOR.  Notwithstanding Section 2301.251, a licensed vehicle lease facilitator may sign a vehicle lease agreement as a vehicle lessor before the vehicle lease is assigned, transferred, or conveyed to an ultimate lessor.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 9, eff. September 1, 2017.
2023 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 L. Vehicle Lessors and Vehicle Lease Facilitators › Section 2301.556. Use of Certain Terms

Sec. 2301.556.  USE OF CERTAIN TERMS.  With respect to the regulation of motor vehicle distribution under this chapter, a person may not use the word "lease" or "leasing," or any variation of those words, in the person's name or in the name of an entity owned by the person unless the person is:
(1)  licensed under this chapter as a vehicle lessor or vehicle lease facilitator;  or
(2)  exempt under Section 2301.254 from the requirement to obtain a license.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.601. Definitions

Sec. 2301.601.  DEFINITIONS.  In this subchapter:
(1)  "Impairment of market value" means a substantial loss in market value caused by a defect specific to a motor vehicle.
(2)  "Owner" means a person who is entitled to enforce a manufacturer's warranty with respect to a motor vehicle, and who:
(A)  purchased the motor vehicle at retail from a license holder;
(B)  is a lessor or lessee, other than a sublessee, who purchased or leased the vehicle from a license holder;
(C)  is a resident of this state and has registered the vehicle in this state;
(D)  purchased or leased the vehicle at retail and is an active duty member of the United States armed forces stationed in this state at the time a proceeding is commenced under this subchapter; or
(E)  is:
(i)  the transferee or assignee of a person described by Paragraphs (A)-(D);
(ii)  a resident of this state; and
(iii)  the person who registered the vehicle in this state.
(3)  "Reasonable allowance for use" means the amount directly attributable to use of a motor vehicle when the vehicle is not out of service for repair.
(4)  "Serious safety hazard" means a life-threatening malfunction or nonconformity that:
(A)  substantially impedes a person's ability to control or operate a motor vehicle for ordinary use or intended purposes;  or
(B)  creates a substantial risk of fire or explosion.
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. 17, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.602. Duty of Board

Sec. 2301.602.  DUTY OF BOARD.  (a)  The board shall cause a manufacturer, converter, or distributor to perform an obligation imposed by this subchapter.
(b)  The board shall adopt rules for the enforcement and implementation of this subchapter.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.603. Conformance With Warranty Required

Sec. 2301.603.  CONFORMANCE WITH WARRANTY REQUIRED.  (a)  A manufacturer, converter, or distributor shall make repairs necessary to conform a new motor vehicle to an applicable manufacturer's, converter's, or distributor's express warranty.
(b)  Subsection (a) applies after the expiration date of a warranty if:
(1)  during the term of the warranty, the owner or the owner's agent reported the nonconformity to the manufacturer, converter, or distributor, or to a designated agent or franchised dealer of the manufacturer, converter, or distributor;  or
(2)  a rebuttable presumption relating to the vehicle is created under Section 2301.605.
(c)  This subchapter does not limit a remedy available to an owner under a new motor vehicle warranty that extends beyond the provisions of this subchapter.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.604. Replacement of or Refund for Vehicle

Sec. 2301.604.  REPLACEMENT OF OR REFUND FOR VEHICLE.  (a)  A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect and:
(1)  replace the motor vehicle with a comparable motor vehicle;  or
(2)  accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner's use of the vehicle, and any other allowances or refunds payable to the owner.
(b)  A refund made for a vehicle for which there is a lienholder shall be made to the owner and lienholder in proportion to each person's interest in the vehicle.
(c)  As necessary to promote the public interest, the board by rule:
(1)  shall define the incidental costs that are eligible for reimbursement;
(2)  shall specify other requirements necessary to determine an eligible cost;  and
(3)  may set a maximum amount that is eligible for reimbursement, either by type of eligible cost or by a total for all costs.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.605. Rebuttable Presumption--Reasonable Number of Attempts

Sec. 2301.605.  REBUTTABLE PRESUMPTION--REASONABLE NUMBER OF ATTEMPTS.  (a)  A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if:
(1)  the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:
(A)  the date the express warranty expires; or
(B)  24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner;
(2)  the same nonconformity creates a serious safety hazard and continues to exist after causing the vehicle to have been subject to repair two or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:
(A)  the date the express warranty expires; or
(B)  24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner; or
(3)  a nonconformity still exists that substantially impairs the vehicle's use or market value,  the vehicle is out of service for repair for a cumulative total of 30 or more days, and the attempts were made before the earlier of:
(A)  the date the express warranty expires; or
(B)  24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner.
(b)  A period or a number of days or miles described by Subsection (a) is extended for any period that repair services are not available to the owner because of:
(1)  a war, invasion, or strike;  or
(2)  a fire, flood, or other natural disaster.
(c)  The 30 days described by Subsection (a)(3) do not include any period during which the manufacturer or distributor lends the owner a comparable motor vehicle while the owner's vehicle is being repaired by a franchised dealer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.606. Conduct of Proceedings

Sec. 2301.606.  CONDUCT OF PROCEEDINGS.  (a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013, and Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014.
(b)  In a hearing under this subchapter, a manufacturer, converter, or distributor may plead and prove as an affirmative defense to a remedy under this subchapter that a nonconformity:
(1)  is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle; or
(2)  does not substantially impair the use or market value of the motor vehicle.
(c)  An order issued under this subchapter may not require a manufacturer, converter, or distributor to make a refund or to replace a motor vehicle unless:
(1)  the owner, a person on behalf of the owner, or the department has provided written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor; and
(2)  the manufacturer, converter, or distributor has been given an opportunity to cure the alleged defect or nonconformity.
(d)  A proceeding under this subchapter must be commenced not later than six months after the earliest of:
(1)  the expiration date of the express warranty term;  or
(2)  the dates on which 24 months or 24,000 miles have passed since the date of original delivery of the motor vehicle to an owner.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 19, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 3, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.607. Exhaustion of Administrative Remedies; Right to Sue

Sec. 2301.607.  EXHAUSTION OF ADMINISTRATIVE REMEDIES;  RIGHT TO SUE.  (a)   A refund or replacement under this subchapter because a motor vehicle is alleged to not conform to an express warranty is not available to the owner of the vehicle unless the owner has exhausted the administrative remedies provided by this subchapter.
(b)  A refund or replacement under this subchapter is not available to a party in an action against a seller under Chapter 2 or 17, Business & Commerce Code, but is available in an action against a manufacturer, converter, or distributor brought under Chapter 17, Business & Commerce Code, after the owner has exhausted the administrative remedies provided by this subchapter.
(c)  If a final order is not issued before the 151st day after the date a complaint is filed under this subchapter, the department shall provide written notice by certified mail to the complainant and to the manufacturer, converter, or distributor of the expiration of the 150-day period and of the complainant's right to file a civil action.  The department shall extend the 150-day period if a delay is requested or caused by the person who filed the complaint.
(d)  Notwithstanding a requirement of this section that administrative remedies be exhausted, a person who receives notice under Subsection (c) may file a civil action against any person named in the complaint.
(e)  The failure to issue notice under Subsection (c) does not affect a person's right to bring an action under this chapter.
(f)  This subchapter does not limit a right or remedy otherwise available to an owner under another law.
(g)  A contractual provision that excludes or modifies a remedy provided by this subchapter is prohibited and is void as against public policy unless the exclusion or modification is made under a settlement agreement between the owner and the manufacturer, converter, or distributor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 20, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 4, eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.608. Assessment of Costs for Replacement or Refund

Sec. 2301.608.  ASSESSMENT OF COSTS FOR REPLACEMENT OR REFUND.  (a)  An order issued under this subchapter must name the person responsible for paying the cost of any refund or replacement.  A manufacturer, converter, or distributor may not cause a franchised dealer to directly or indirectly pay any money not specifically required by the order.
(b)  If the final order requires a manufacturer, converter, or distributor to make a refund or replace a motor vehicle under this subchapter, the final order may require the franchised dealer to reimburse the owner, lienholder, manufacturer, converter, or distributor only for an item or option added to the vehicle by the dealer to the extent that the item or option contributed to the defect that served as the basis for the order.
(c)  In a case involving a leased vehicle, the final order may terminate the lease and apportion allowances or refunds, including the reasonable allowance for use, between the lessee and lessor of the vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 5, eff. January 1, 2014.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.609. Judicial Review

Sec. 2301.609.  JUDICIAL REVIEW.  (a)  A party to a proceeding under this subchapter that is affected by a final order related to the proceeding is entitled to judicial review of the order under the substantial evidence rule in a district court of Travis County.
(b)  Judicial review is subject to Chapter 2001, Government Code, to the extent that chapter is not inconsistent with this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 22, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 6, eff. January 1, 2014.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.610. Disclosure Statement

Sec. 2301.610.  DISCLOSURE STATEMENT.  (a)  A manufacturer, distributor, or converter that has been ordered to repurchase or replace a vehicle shall, through its franchised dealer, issue a disclosure statement stating that the vehicle was repurchased or replaced by the manufacturer, distributor, or converter under this subchapter.  The statement must accompany the vehicle through the first retail purchase following the issuance of the statement and must include the toll-free telephone number described by Subsection (d) that will enable the purchaser to obtain information about the condition or defect that was the basis of the order for repurchase or replacement.
(b)  The manufacturer, distributor, or converter must restore the cause of the repurchase or replacement to factory specifications and issue a new 12-month, 12,000-mile warranty on the vehicle.
(c)  The board shall adopt rules for the enforcement of this section.
(d)  The department shall maintain a toll-free telephone number to provide information to a person who requests information about a condition or defect that was the basis for repurchase or replacement by an order issued under this subchapter.  The department shall maintain an effective method of providing information to a person who makes a request.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 23, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 7, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 14.002, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.611. Annual Report on Repurchased or Replaced Vehicles

Sec. 2301.611.  ANNUAL REPORT ON REPURCHASED OR REPLACED VEHICLES.  (a)  The department shall publish an annual report on the motor vehicles ordered repurchased or replaced under this subchapter.
(b)  The report must list the number of vehicles by brand name and model and include a brief description of the conditions or defects that caused the repurchase or replacement.
(c)  The department shall make the report available to the public and may charge a reasonable fee to cover the cost of the report.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 18, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.612. Open Records Exception

Sec. 2301.612.  OPEN RECORDS EXCEPTION.  Information filed with the department under this subchapter is not a public record and is not subject to disclosure under Chapter 552, Government Code, until the complaint is resolved by a final order of the department.
Added by Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter M. Warranties: Rights of Vehicle Owners › Section 2301.613. Notice to Buyer

Sec. 2301.613.  NOTICE TO BUYER.  (a)  The department shall prepare, publish, and distribute information concerning an owner's rights under this subchapter.  The retail seller of a new motor vehicle shall conspicuously post a copy of the information in the area where its customers usually pay for repairs.
(b)  The failure to provide notice as required by this section is a violation of this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 19, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter N. Denial, Revocation, or Suspension of License › Section 2301.651. Denial, Revocation, or Suspension Generally

Sec. 2301.651.  DENIAL, REVOCATION, OR SUSPENSION GENERALLY.  (a)  The board may deny an application for a license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder if the applicant or license holder:
(1)  is unfit under standards described in this chapter or board rules;
(2)  makes a material misrepresentation in any application or other information filed under this chapter or board rules;
(3)  violates this chapter or a board rule or order;
(4)  violates any law relating to the sale, distribution, financing, or insuring of motor vehicles;
(5)  fails to maintain the qualifications for a license;
(6)  wilfully defrauds a purchaser;
(7)  fails to fulfill a written agreement with a retail purchaser of a motor vehicle; or
(8)  violates the requirements of Section 503.0631, Transportation Code.
(b)  The board may take action under Subsection (a) against an applicant or license holder for an act or omission by an officer, director, partner, trustee, or other person acting in a representative capacity for the applicant or license holder that would be cause for denying, revoking, or suspending a license under this chapter.
(c)  The revocation of a license previously held under this chapter may be grounds for denying a subsequent application for a license.
(d)  A license may not be denied, revoked, or suspended, and disciplinary action may not be taken under this subchapter, unless the respondent is given an opportunity for a hearing. The board may deny, revoke, or suspend a license or take disciplinary action by order only after the department grants the respondent an opportunity for a hearing.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.622(a), 14A.623, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 8.10, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1336 (S.B. 1786), Sec. 10, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 24, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter N. Denial, Revocation, or Suspension of License › Section 2301.652. Denial of License Application: Dealership

Sec. 2301.652.  DENIAL OF LICENSE APPLICATION:  DEALERSHIP.  (a)  The board may deny an application for a license to establish a dealership if, following a protest, the applicant fails to establish good cause for establishing the dealership.  In determining good cause, the board shall consider:
(1)  whether the manufacturer or distributor of the same line-make of new motor vehicle is being adequately represented as to sales and service;
(2)  whether the protesting franchised dealer representing the same line-make of new motor vehicle is in substantial compliance with the dealer's franchise, to the extent that the franchise is not in conflict with this chapter;
(3)  the desirability of a competitive marketplace;
(4)  any harm to the protesting franchised dealer;
(5)  the public interest;
(6)  any harm to the applicant; and
(7)  current and reasonably foreseeable projections of economic conditions, financial expectations, and the market for new motor vehicles in the relevant market area.
(b)  Except as provided by Subsection (c) and Sections 2301.6521 and 2301.6522, a person has standing under this section to protest an application to establish or relocate a dealership if the person filing the protest is a franchised dealer of the same line-make whose dealership is located:
(1)  in the county in which the proposed dealership is to be located; or
(2)  within a 15-mile radius of the proposed dealership.
(c)  A franchised dealer may not protest an application to relocate a dealership under this section if the proposed relocation site is not:
(1)  more than two miles from the site where the dealership is currently located;  or
(2)  closer to the franchised dealer than the site from which the dealership is being relocated.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 9, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter N. Denial, Revocation, or Suspension of License › Section 2301.6521. Right to Protest: Certain Relocations

Sec. 2301.6521.  RIGHT TO PROTEST:  CERTAIN RELOCATIONS.  (a)  In this section, "affected county" means:
(1)  a county with a population of 1.2 million or more; or
(2)  a county with a population of 800,000 or more but less than 1.1 million that is adjacent to a county with a population of 1.2 million or more.
(b)  Notwithstanding any other provision of this chapter and except as provided by Subsection (d), a franchised dealer may protest an application to relocate a dealership from a location in an affected county to a location within the same affected county or an adjacent affected county only if the dealer is:
(1)  a dealer of the same line-make as the relocating dealership and is in the affected county where the proposed dealership is being relocated and is nearest to the proposed relocation site, if no dealership of the same line-make as the relocating dealership is located within 15 miles of the proposed relocation site; or
(2)  a dealer of the same line-make as the relocating dealership whose dealership location is within 15 miles of the proposed relocation site.
(c)  If more than one dealership location is an equal distance from the proposed relocation site and each dealer and dealership location satisfies the requirements of Subsection (b)(1), each dealer may protest the relocation under Subsection (b)(1).
(d)  A franchised dealer may not protest an application to relocate a dealership under this section if the proposed relocation site is not:
(1)  more than two miles from the site where the dealership is currently located; or
(2)  closer to the franchised dealer than the site from which the dealership is being relocated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 14, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1338 (S.B. 854), Sec. 2, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 206, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter N. Denial, Revocation, or Suspension of License › Section 2301.6522. Right to Protest: Economically Impaired Dealer

Sec. 2301.6522.  RIGHT TO PROTEST:  ECONOMICALLY IMPAIRED DEALER.  (a)  In this section, "economically impaired dealer" means a franchised dealer whose profitability has been, or is reasonably expected to be, substantially reduced at the dealer's current location, with no reasonable expectation of substantial improvement at that location, due to:
(1)  a natural disaster;
(2)  the exercise of eminent domain authority with respect to the dealership; or
(3)  the sale of all or part of the dealership to a governmental entity under threat of the exercise of eminent domain authority.
(b)  Notwithstanding any other provision of this chapter and except as provided by Subsections (c) and (d), a dealer may not protest the relocation of an economically impaired dealer if:
(1)  the relocation is reasonably expected to be completed before the first anniversary of the date of the event described by Subsection (a); and
(2)  the proposed relocation site is two miles or less from the economically impaired dealer's current location.
(c)  A dealer of the same line-make as an economically impaired dealer whose dealership is nearest to the proposed relocation site of the economically impaired dealer may protest the relocation if the proposed relocation site is more than two miles closer to the protesting dealer's dealership than the site of the economically impaired dealer's current location.
(d)  If more than one dealership location is an equal distance from the proposed relocation site and each dealer and dealership location satisfies the requirements of Subsection (c), each dealer may protest the relocation under Subsection (c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter N. Denial, Revocation, or Suspension of License › Section 2301.653. Revocation or Suspension of Manufacturer's or Distributor's License

Sec. 2301.653.  REVOCATION OR SUSPENSION OF MANUFACTURER'S OR DISTRIBUTOR'S LICENSE.  The revocation or suspension of a manufacturer's or distributor's license may be:
(1)  limited to one or more municipalities or counties or any other defined area;  or
(2)  limited in a defined area only as to:
(A)  certain aspects of the manufacturer's or distributor's business;  or
(B)  specified franchised dealers.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter N. Denial, Revocation, or Suspension of License › Section 2301.654. Probation

Sec. 2301.654.  PROBATION.  If a suspension of a license is probated, the board may:
(1)  require the license holder to report regularly to the board on matters that are the basis of the probation;  or
(2)  limit activities to those prescribed by the board.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.701. Definition

Sec. 2301.701.  DEFINITION.  In this subchapter, "contested case" has the meaning assigned by Section 2001.003, Government Code.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.702. Conflict With Other Law

Sec. 2301.702.  CONFLICT WITH OTHER LAW.  To the extent of a conflict between this chapter and Chapter 2001, Government Code, this chapter controls.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.7025. Limitations Period for Certain Causes of Action by License Holders

Sec. 2301.7025.  LIMITATIONS PERIOD FOR CERTAIN CAUSES OF ACTION BY LICENSE HOLDERS.  (a)  This section does not apply to:
(1)  an action with respect to which this chapter or rules of the board establish specific procedural time limits;  or
(2)  an action brought under Section 2301.204.
(b)  Except as provided by this section, a license holder may not file an action with the board after the fourth anniversary of the date the action accrues.
(c)  The limitations period provided by Subsection (b) may be extended for not more than 180 days on a showing that the failure to commence an action in a timely manner was caused by reliance on a fraudulent statement or inducement made by a party to induce a party to refrain from bringing an action.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.624(a), eff. Sept. 1, 2003.
2023 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 O. Hearings Procedures › Section 2301.703. Hearing Required in Contested Case

Sec. 2301.703.  HEARING REQUIRED IN CONTESTED CASE.  (a)  A hearing arising under this chapter or a board rule adopted under this chapter must be conducted in accordance with this chapter, any order, decision, or rule of the board, and Chapter 2001, Government Code.
(b)  A hearing may be informally disposed of in accordance with Chapter 2001, Government Code.
(c)  The parties to a contested case under this chapter or Chapter 503, Transportation Code, other than a contested case in an action brought by the department to enforce this chapter or Chapter 503, Transportation Code, must participate in mediation as provided by board rule before the parties may have a hearing in the case.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 25, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 8, eff. January 1, 2014.
2023 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 O. Hearings Procedures › Section 2301.704. Hearings Examiner; Administrative Law Judge

Sec. 2301.704.  HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE.  (a)  Except as otherwise provided by this section, a hearing under this chapter must be held by an administrative law judge of the State Office of Administrative Hearings.
(a-1)  A hearing under Section 2301.204 or Subchapter M must be held by a hearings examiner.
(b)  An administrative law judge and a hearings examiner have all of the board's power and authority as provided by this chapter to conduct hearings, including the power to:
(1)  hold a hearing;
(2)  administer an oath;
(3)  receive pleadings and evidence;
(4)  issue a subpoena to compel the attendance of a witness;
(5)  compel the production of papers and documents;
(6)  issue an interlocutory order, including a cease and desist order in the nature of a temporary restraining order or a temporary injunction;
(7)  make findings of fact and conclusions of law; and
(8)  issue a proposal for decision and recommend a final order.
(c)  In a contested case hearing under Section 2301.204 or Subchapter M, a hearings examiner shall issue a final order.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 9, eff. January 1, 2014.
2023 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 O. Hearings Procedures › Section 2301.705. Notice of Contested Case Hearing

Sec. 2301.705.  NOTICE OF CONTESTED CASE HEARING.  (a)  Notice of a contested case hearing involving a license holder must be given in accordance with this chapter and board rules.
(b)  Notice must be given by certified mail, return receipt requested.
(c)  Notice may be given to a person's officer, agent, employee, attorney, or other legal representative.
(d)  Notice is considered to have been received by a person known to have legal rights, duties, or privileges that may be determined at the hearing if the notice is mailed to the last known address of the person not later than the 10th day before the date of the hearing.
(e)  A person may waive notice of a hearing.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.706. Notice of Rulemaking Hearing

Sec. 2301.706.  NOTICE OF RULEMAKING HEARING.  Notice of a rulemaking hearing must be given in accordance with Chapter 2001, Government Code, and board rules before the 30th day preceding the date of the hearing.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.707. Contents of Hearing Notice

Sec. 2301.707.  CONTENTS OF HEARING NOTICE.  Notice of a hearing shall describe in summary form the purpose of the hearing and the date, time, and place of the hearing.
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 A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.708. Conduct of Hearing

Sec. 2301.708.  CONDUCT OF HEARING.  (a)  A hearing must be convened at the time and place stated in the notice.
(b)  A hearing may be recessed until a time and place certain:
(1)  by giving advance notice as required by Section 2001.057, Government Code;  or
(2)  without advance notice if the time and place is announced openly before the recess.
(c)  Except as otherwise provided by this chapter, a person whose legal rights, duties, or privileges are to be determined at a hearing is entitled to:
(1)  appear personally or by counsel;
(2)  cross-examine adverse witnesses;  and
(3)  produce evidence and witnesses in the person's own behalf.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.