reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter C. Sale, Transfer, or Ownership of Dealership › Section 57.103. Approval of Sale or Transfer of Business at Request of Personal Representative

Sec. 57.103.  APPROVAL OF SALE OR TRANSFER OF BUSINESS AT REQUEST OF PERSONAL REPRESENTATIVE.  (a)  This section applies only to a dealer agreement that is not a single-line dealer agreement.
(b)  If a dealer dies and the supplier has contractual authority to approve or deny a request for the sale or transfer of a dealer's business or an equity ownership interest in the dealer's business, the personal representative of the dealer's estate, or any other person with authority to transfer the dealer's assets, must submit to the supplier a written request for approval of the sale or transfer of the business or ownership interest not later than the 180th day after the date of the dealer's death.
(c)  If a timely request for approval of a sale or transfer is made as provided by Subsection (b), the supplier must approve or deny the request in accordance with the procedures prescribed by Sections 57.102(c) and (d) for a supplier's approval or denial of a request for a sale or transfer made under Section 57.102.
(d)  Notwithstanding any other provision of this chapter to the contrary, any attempt by the supplier to terminate the dealer agreement as a result of the death of a dealer will be delayed until there has been compliance with the terms of this section or the 180-day period has expired, as applicable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter D. Termination of Agreements Other Than Single-Line Dealer Agreements › Section 57.151. Applicability of Subchapter

Sec. 57.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a dealer agreement that is not a single-line dealer agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter D. Termination of Agreements Other Than Single-Line Dealer Agreements › Section 57.152. Termination by Dealer; Written Notice

Sec. 57.152.  TERMINATION BY DEALER; WRITTEN NOTICE.  A dealer must give the supplier at least 30 days' prior written notice of termination.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter D. Termination of Agreements Other Than Single-Line Dealer Agreements › Section 57.153. Termination by Supplier; Good Cause Required

Sec. 57.153.  TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED.  A supplier may not terminate a dealer agreement without good cause.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter D. Termination of Agreements Other Than Single-Line Dealer Agreements › Section 57.155. Notice of Termination; Correction of Deficiency

Sec. 57.155.  NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY.  (a)  Except as otherwise provided by this section, a supplier must provide a dealer written notice of termination of a dealer agreement at least 180 days before the effective date of termination.  The notice must state all reasons constituting good cause for the termination and that the dealer has 60 days in which to cure any claimed deficiency.  If the deficiency is cured within 60 days, the notice will be void.
(b)  A supplier, other than a specialty agricultural equipment supplier, may not terminate a dealer agreement for the reason stated in Section 57.154(a)(12) unless the supplier gives the dealer notice of the action at least two years before the effective date of the termination.  If the dealer achieves the supplier's requirements for reasonable standards or performance objectives before the expiration of the two-year notice period, the notice will be void and the dealer agreement will continue in effect.
(c)  The notice and right to cure provisions in this section do not apply if the reason for termination is for any reason stated in Sections 57.154(a)(2)-(11).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 482 (S.B. 1415), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter E. Termination of Single-Line Dealer Agreements › Section 57.201. Applicability of Subchapter

Sec. 57.201.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a single-line dealer agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter E. Termination of Single-Line Dealer Agreements › Section 57.202. Termination by Supplier; Good Cause Required

Sec. 57.202.  TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED.  No supplier may terminate a dealer agreement without good cause.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter E. Termination of Single-Line Dealer Agreements › Section 57.203. Good Cause Determination

Sec. 57.203.  GOOD CAUSE DETERMINATION.  (a)  For purposes of this subchapter, "good cause" means failure by a dealer to comply with requirements imposed on the dealer by the dealer agreement if the requirements are not different from those requirements imposed on other similarly situated dealers.
(b)  In addition to the good cause reason for termination stated in Subsection (a), good cause for termination of a dealer agreement exists when:
(1)  there has been a closeout or sale of a substantial part of the dealer's assets related to the equipment business;
(2)  there has been commencement of a dissolution or liquidation of the dealer;
(3)  the dealer has changed its principal place of business or has added additional locations without the supplier's prior approval, which shall not be unreasonably withheld;
(4)  the dealer has substantially defaulted under a chattel mortgage or other security agreement between the dealer and the supplier or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the dealer to the supplier;
(5)  the dealer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned its business;
(6)  the dealer has been convicted of or pleaded guilty to a felony affecting the relationship between the dealer and supplier; or
(7)  the dealer transfers an interest in the dealership or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner, or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership, provided, however, good cause does not exist if the supplier consents to an action described by this subdivision.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter E. Termination of Single-Line Dealer Agreements › Section 57.204. Notice of Termination; Correction of Deficiency

Sec. 57.204.  NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY.  (a)  Except as provided by Subsection (b) and Section 57.205, a supplier shall provide a dealer with at least 90 days' written notice of termination.  The notice must state all reasons constituting good cause for the termination and state that the dealer has 60 days in which to cure any claimed deficiency.  If the deficiency is cured within 60 days, the notice will be void.
(b)  Notwithstanding Subsection (a), if the good cause reason for termination is due to the dealer's failure to meet or maintain the supplier's requirements for market penetration, a reasonable period of time has existed where the supplier has worked with the dealer to gain the desired market share.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter E. Termination of Single-Line Dealer Agreements › Section 57.205. Notice of Termination Not Required Under Certain Circumstances

Sec. 57.205.  NOTICE OF TERMINATION NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES.  The notice and right to cure provisions under Section 57.204 do not apply if the reason for termination is contained in Sections 57.203(b)(1)-(7).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.251. Definition of Terminate and Termination

Sec. 57.251.  DEFINITION OF TERMINATE AND TERMINATION.  For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.252. Applicability of Subchapter; Conflict With Subchapter

Sec. 57.252.  APPLICABILITY OF SUBCHAPTER; CONFLICT WITH SUBCHAPTER.  (a)  Sections 57.253, 57.254, and 57.255 apply to a warranty claim submitted by a dealer who has complied with the supplier's reasonable policies and procedures for reimbursement of the warranty claim and the claim is a warranted claim under the supplier's warranty policy.
(b)  A supplier's warranty reimbursement policies and procedures are considered unreasonable to the extent of any conflict with this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.253. Warranty Claim

Sec. 57.253.  WARRANTY CLAIM.  (a)  This section applies to a warranty claim submitted by a dealer to the supplier:
(1)  while the dealer agreement is in effect; or
(2)  not later than the 60th day after the termination or expiration date of the dealer agreement, if the claim is for work performed before the effective date of the termination or expiration.
(b)  Not later than the 45th day after the date a supplier receives a warranty claim from a dealer, the supplier shall accept or reject the claim by providing written notice to the dealer.  A claim not rejected before that deadline is considered accepted.
(c)  If the warranty claim is accepted, the supplier shall pay or credit to the dealer's account all amounts owed to the dealer with respect to the accepted claim not later than the 30th day after the date the claim is accepted.
(d)  If the supplier rejects the warranty claim, the supplier shall give the dealer written or electronic notice of the grounds for rejection of a rejected claim, which must be consistent with the supplier's grounds for rejection of warranty claims of other dealers, both in the terms and manner of enforcement.
(e)  If no grounds for rejection of a rejected claim are given to the dealer, the claim is considered accepted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.254. Resubmission of Warranty Claim

Sec. 57.254.  RESUBMISSION OF WARRANTY CLAIM.  If a warranty claim was rejected on the ground that the dealer failed to properly follow the procedural or technical requirements for submission of a warranty claim, the dealer may resubmit the claim in proper form not later than the 30th day after the date the dealer receives notice of the claim's rejection.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.255. Payment of Warranty Claim

Sec. 57.255.  PAYMENT OF WARRANTY CLAIM.  Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions of hours, multiplied by the dealer's established customer hourly retail labor rate for non-warranty repair work, which must have previously been made known to the supplier. Parts used in warranty repair work shall be reimbursed at the current net parts cost plus 15 percent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.256. Warranty Claim for Certain Repair Work or Installation of Replacement Parts

Sec. 57.256.  WARRANTY CLAIM FOR CERTAIN REPAIR WORK OR INSTALLATION OF REPLACEMENT PARTS.  Any repair work or installation of replacement parts performed with respect to inventory equipment of a dealer or with respect to equipment of a dealer's customers, at the request of a supplier, including work performed under a product improvement program, constitutes a warranty claim for which the dealer must be paid under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.257. Audit of Warranty Claims

Sec. 57.257.  AUDIT OF WARRANTY CLAIMS.  (a)  Except as provided by Subsection (b), a supplier may audit a warranty claim submitted by a dealer until the first anniversary of the date the claim was paid and may charge back the amount of any claim that is shown by audit to have been misrepresented.
(b)  If an audit conducted under this section shows that a warranty claim has been misrepresented, the supplier may audit any other warranty claims submitted by the affected dealer within the three-year period ending on a date a claim is shown by audit to be misrepresented.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter F. Warranty Claims › Section 57.258. Alternate Reimbursement Terms Enforceable

Sec. 57.258.  ALTERNATE REIMBURSEMENT TERMS ENFORCEABLE.  (a)  Sections 57.253, 57.254, and 57.255 do not apply if the terms of a written dealer agreement between the parties require the supplier to compensate the dealer for warranty labor costs either as:
(1)  a discount in the price of the equipment to the dealer, subject to Subsection (b); or
(2)  a lump-sum payment made to the dealer not later than the 90th day after the date the supplier's new equipment is sold to the dealer, subject to Subsection (b).
(b)  The discount or lump-sum payment under Subsection (a) must be or result in an amount that is not less than five percent of the suggested retail price of the equipment.
(c)  The alternate reimbursement terms of a dealer agreement that comply with Subsections (a) and (b) are enforceable.
(d)  This section does not affect the supplier's obligation to reimburse the dealer for parts in accordance with Section 57.255.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter G. Delivery, Sale, and Return of Equipment › Section 57.301. Coerced Orders, Deliveries, or Refusals to Purchase

Sec. 57.301.  COERCED ORDERS, DELIVERIES, OR REFUSALS TO PURCHASE.  (a)  A supplier may not coerce, compel, or require a dealer to accept delivery of equipment or a repair part that has not been voluntarily ordered by the dealer, unless:
(1)  the equipment or repair part is a safety feature required by the supplier or applicable law; or
(2)  the dealer is otherwise required by applicable law to accept the delivery.
(b)  A supplier may not coerce a dealer to refuse purchase of equipment manufactured by another supplier.
(c)  It shall not be considered a violation of this section if the supplier requires a dealer to have or provide separate facilities, financial statements, or sales staff for major competing product lines if the supplier gives the dealer at least three years' notice of such a requirement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter G. Delivery, Sale, and Return of Equipment › Section 57.302. Conditional Purchases of Goods and Services

Sec. 57.302.  CONDITIONAL PURCHASES OF GOODS AND SERVICES.  (a)  A supplier may not condition the sale of equipment, repair parts, or goods or services to a dealer on the purchase of other goods or services.
(b)  This section does not prohibit a supplier from requiring a dealer to purchase all repair parts, special tools, or training reasonably necessary to maintain the safe operation or quality of operation in the field of any equipment offered for sale by the dealer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter G. Delivery, Sale, and Return of Equipment › Section 57.303. Equipment Represented as Available for Immediate Delivery

Sec. 57.303.  EQUIPMENT REPRESENTED AS AVAILABLE FOR IMMEDIATE DELIVERY.  A supplier may not refuse to deliver, in reasonable quantities and within a reasonable time after receipt of a dealer's order, to any dealer having a dealer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the dealer agreement and specifically advertised or represented by the supplier as available for immediate delivery, unless the refusal is due to:
(1)  the supplier's prudent and reasonable restrictions on extensions of credit to the dealer;
(2)  a business decision by the supplier to limit the production volume of the equipment; or
(3)  an act of nature, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the supplier has no control.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter G. Delivery, Sale, and Return of Equipment › Section 57.304. Discrimination in Orders

Sec. 57.304.  DISCRIMINATION IN ORDERS.  A supplier may not discriminate, directly or indirectly, in filling an order placed by a dealer for retail sale or lease of new equipment under a dealer agreement as between dealers of the same product line.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter G. Delivery, Sale, and Return of Equipment › Section 57.305. Discrimination in Prices of New Equipment

Sec. 57.305.  DISCRIMINATION IN PRICES OF NEW EQUIPMENT.  (a)  Except as provided by Subsection (b), a supplier may not discriminate, directly or indirectly, in the price among different dealers with respect to a purchase of equipment or a repair part of like grade and quality and identical brand, where the effect of such discrimination may be to:
(1)  substantially lessen competition;
(2)  tend to create a monopoly in any line of commerce; or
(3)  injure, destroy, or prevent competition with any dealer who either grants or knowingly receives the benefit of such discrimination.
(b)  A supplier may charge a different price among dealers for purchases described by Subsection (a) if:
(1)  the price difference is due to differences in the cost of manufacture, sale, or delivery of the equipment or repair part;
(2)  the supplier can show that the lower price was made in good faith to meet an equally low price of a competitor; or
(3)  the price difference is related to the volume of equipment purchased by dealers or market share obtained by dealers.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement › Section 57.351. Definition of Terminate and Termination

Sec. 57.351.  DEFINITION OF TERMINATE AND TERMINATION.  For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement › Section 57.352. Applicability of Subchapter to Several Business Locations Covered by Same Agreement

Sec. 57.352.  APPLICABILITY OF SUBCHAPTER TO SEVERAL BUSINESS LOCATIONS COVERED BY SAME AGREEMENT.  If a dealer has more than one of its business locations covered by the same dealer agreement, this subchapter applies to the repurchase of the dealer's inventory at the particular business location being closed unless the closing occurs without the permission of the supplier.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement › Section 57.354. Late Payment or Credit

Sec. 57.354.  LATE PAYMENT OR CREDIT.  (a)  All payments or allowances of credit due to a dealer shall be paid or credited within 90 days after receipt by the supplier of property required to be repurchased under this subchapter.
(b)  Any payment or allowance of credit due a dealer that is not paid within the 90-day period will accrue interest at the maximum rate allowed by law.
(c)  The supplier may withhold payments due under this subchapter during the period in which the dealer fails to comply with its contractual obligation to remove any signage indicating that the dealer is an authorized dealer of the supplier.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement › Section 57.355. Liability

Sec. 57.355.  LIABILITY.  (a)  A supplier who refuses to repurchase any inventory covered under this chapter after termination or discontinuation of the dealer agreement is liable to the dealer for:
(1)  110 percent of the amount that would have been due for the inventory had the supplier timely complied with the requirements of this chapter;
(2)  any freight charges paid by the dealer;
(3)  any accrued interest; and
(4)  the actual costs of any court or arbitration proceeding incurred by the dealer, including attorney's fees or arbitrator fees.
(b)  The supplier and dealer will each pay 50 percent of the costs of freight, at truckload rates, to ship any equipment or repair parts returned to the supplier pursuant to this chapter.
(c)  Notwithstanding any provision to the contrary in the Uniform Commercial Code, the dealer retains title to and has a first and prior lien against all inventory returned by the dealer to the supplier under this chapter until the dealer is paid all amounts owed by the supplier under this subchapter for the repurchase of the inventory required under this chapter, and the supplier must hold the proceeds of the inventory in trust for the dealer's benefit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement › Section 57.356. Construction of Subchapter; Creditor's Claims

Sec. 57.356.  CONSTRUCTION OF SUBCHAPTER; CREDITOR'S CLAIMS.  This subchapter may not be construed to affect any security interest the supplier may have in the inventory of the dealer, and any repurchase of the dealer's inventory under this subchapter may not be subject to the claims of any secured or unsecured creditor of the supplier or any assignee of the supplier until the dealer has received full payment or credit, as applicable, under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement › Section 57.357. Agreement Terminated by Dealer; Inapplicability of Subchapter to Certain Specialty Suppliers

Sec. 57.357.  AGREEMENT TERMINATED BY DEALER; INAPPLICABILITY OF SUBCHAPTER TO CERTAIN SPECIALTY SUPPLIERS.  (a)  This subchapter does not apply to a specialty agricultural equipment supplier if the dealer terminates the dealer agreement without good reason.  A dealer has good reason to terminate the dealer agreement for any of the following reasons:
(1)  the death or disability of a majority owner of the dealership;
(2)  the dealership terminates the dealer agreement and:
(A)  substantially all of the dealership assets or all shares of stock of the dealership are sold to a new owner; and
(B)  no owner of the terminated dealership continues to own an interest in the continuing dealership;
(3)  the filing of bankruptcy by or against the dealership that has not been discharged within 30 days after the date of the filing, the appointment of a receiver, or an assignment for the benefit of creditors; or
(4)  the specialty agricultural equipment supplier:
(A)  abandons the market or withdraws from the market by no longer selling to the dealer a type of equipment previously sold to the dealer that constituted a material part of the specialty agricultural equipment sold by the supplier;
(B)  consistently sells products to the dealer that are defective or breach the implied warranty of merchantability;
(C)  consistently fails to:
(i)  provide adequate product support for the type and use of the product, including technical assistance, operator and repair manuals, and part lists and diagrams;
(ii)  provide adequate training required by the supplier for maintenance, repair, or use of the supplier's products; or
(iii)  provide marketing and marketing support for the supplier's product if marketing is a requirement of the dealer agreement;
(D)  consistently fails to meet the supplier's warranty obligations to the dealer as required by contract or law, including obligations under this chapter;
(E)  has engaged in conduct that is injurious or detrimental to the dealer's customers, the public welfare, or the dealer's reputation;
(F)  has made material misrepresentations to the dealer or has falsified a record;
(G)  has breached the dealer agreement; or
(H)  has violated this chapter.
(b)  This subchapter may not be construed to limit a specialty agricultural equipment supplier's obligation to repurchase a dealer's inventory as provided by this section if the supplier terminates or otherwise discontinues the dealer agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement › Section 57.358. Exceptions

Sec. 57.358.  EXCEPTIONS.  (a)  A supplier is not required to repurchase from a dealer:
(1)  a repair part that, except as provided by Subsection (b), is in a broken or damaged package;
(2)  a repair part that because of its condition cannot be resold as a new part without repackaging or reconditioning;
(3)  any inventory for which the dealer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens, and encumbrances unless the inventory will be free and clear of all claims, liens, and encumbrances immediately on payment by the supplier of amounts due in this subchapter to the lienholders;
(4)  any inventory that the dealer wants to keep, provided the dealer has a contractual right to keep the inventory;
(5)  equipment delivered to the dealer before the beginning of the 36-month period preceding the date of notification of termination; and
(6)  equipment or a repair part that:
(A)  is ordered by the dealer on or after the date of notification of termination;
(B)  is acquired by the dealer from a source other than the supplier, unless the equipment or repair part was ordered from, or invoiced to the dealer by, the supplier;
(C)  is not in new, unsold, undamaged, or complete condition, subject to the provisions of this chapter relating to demonstrators; and
(D)  is not returned to the supplier before the 90th day after the later of:
(i)  the effective date of termination of a dealer agreement; or
(ii)  the date the dealer receives from the supplier all information, including documents or supporting materials, required by the supplier to comply with the supplier's return policy.
(b)  The supplier will be required to repurchase a repair part in a broken or damaged package for a repurchase price that is equal to 85 percent of the current net parts cost for the repair part if the aggregate current net parts cost for the entire package of repair parts is $75 or more.
(c)  Subsection (a)(6)(D) does not apply to a dealer if the supplier did not give the dealer notice of the 90-day deadline at the time the applicable notice of termination was sent to the dealer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter I. Actions and Remedies › Section 57.401. Civil Action; Injunctive Relief

Sec. 57.401.  CIVIL ACTION; INJUNCTIVE RELIEF.  (a)  If a supplier violates any provision of this chapter, a dealer may bring an action against the supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation, including damages for lost profits, together with the actual costs of the action, including the dealer's attorney's fees and paralegal fees and the costs of arbitrators.  The dealer may also be granted injunctive relief for unlawful termination.
(b)  A remedy provided by this section is not exclusive and is in addition to any other remedy permitted by law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements › Subchapter I. Actions and Remedies › Section 57.402. Choice of Remedies

Sec. 57.402.  CHOICE OF REMEDIES.  The provisions of this chapter are supplemental to any dealer agreement between the dealer and the supplier that provides the dealer with greater protection.  A dealer may elect to pursue its contract remedy or the remedy provided by state law, or both.  An election by the dealer to pursue those remedies does not bar the dealer's right to exercise any other remedies that may be granted at law or in equity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 58 - Disaster Remediation Contracts › Section 58.001. Definitions

Sec. 58.001.  DEFINITIONS.  In this chapter:
(1)  "Disaster remediation"  means the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of  improvements to real property performed because of damage or destruction to that property caused by a natural disaster.
(2)  "Disaster remediation contractor" means a person who engages in disaster remediation for compensation, other than a person who has a permit, license, registration, or other authorization from the Texas Commission on Environmental Quality for the collection, transportation, treatment, storage, processing, or disposal of solid waste.
(3)  "Natural disaster" means the occurrence of widespread or severe damage, injury, or loss of life or property related to  any natural cause, including fire, flood, earthquake, wind, storm, or wave action, that results in a disaster declaration by the governor or a local disaster declaration by a county judge under Chapter 418, Government Code.
(4)  "Person" means an individual, corporation, trust, partnership, association, or other private legal entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 270 (H.B. 762), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 58 - Disaster Remediation Contracts › Section 58.002. Applicability of Chapter

Sec. 58.002.  APPLICABILITY OF CHAPTER.  (a) Except as provided by Subsection (b), this chapter applies to a contract between a person and a disaster remediation contractor for the performance of disaster remediation services on property owned or leased by the person.
(b)  This chapter does not apply to a contract between a person and a disaster remediation contractor for the performance of disaster remediation services on property owned or leased by the person if the contractor maintains for at least one year preceding the date of the contract a physical business address in:
(1)  the county in which the property is located; or
(2)  a county adjacent to the county in which the property is located.
Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 58 - Disaster Remediation Contracts › Section 58.003. Disaster Remediation Contract Requirements; Certain Conduct Prohibited

Sec. 58.003.  DISASTER REMEDIATION CONTRACT REQUIREMENTS; CERTAIN CONDUCT PROHIBITED.  (a)  A contract subject to this chapter must be in writing.
(b)  A disaster remediation contractor:
(1)  may not require a person to make a full or partial payment under a contract before the contractor begins work;
(2)  may not require that the amount of any partial payment under the contract exceed an amount reasonably proportionate to the work performed, including any materials delivered; and
(3)  shall include in any contract for disaster remediation services the following statement in conspicuous, boldfaced type of at least 10 points in size:  "This contract is subject to Chapter 58, Business & Commerce Code.  A contractor may not require a full or partial payment before the contractor begins work and may not require partial payments in an amount that exceeds an amount reasonably proportionate to the work performed, including any materials delivered."
Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(1), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 58 - Disaster Remediation Contracts › Section 58.004. Deceptive Trade Practice

Sec. 58.004.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter by a disaster remediation contractor is a false, misleading, or deceptive act or practice as defined by Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is available for a violation of this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 58 - Disaster Remediation Contracts › Section 58.005. Waiver of Chapter Prohibited

Sec. 58.005.  WAIVER OF CHAPTER PROHIBITED.  A person may not waive this chapter by contract or other means.  A purported waiver of this chapter is void.
Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 59 - Responsibility for Defects in Plans and Specifications › Subchapter A. General Provisions › Section 59.002. Applicability of Chapter

Sec. 59.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a contract for the construction or repair of an improvement to real property.
(b)  This chapter does not apply to a contract entered into by a person for the construction or repair of a critical infrastructure facility owned or operated by the person or any building, structure, improvement, appurtenance, or other facility owned by the person that is necessary to the operation of and directly related to the critical infrastructure facility.  For purposes of this subsection, "person" has the meaning assigned by Section 311.005, Government Code, and includes a parent, subsidiary, affiliated entity, joint venture partner, or owner of the person.
(c)  Except as provided by Section 59.052, this chapter does not apply to the construction, repair, alteration, or remodeling of an improvement to real property if:
(1)  the construction, repair, alteration, or remodeling is performed under a design-build contract and the part of the plans, specifications, or other design documents for which the contractor is responsible under the contract is the part alleged to be defective; or
(2)  the construction, repair, alteration, or remodeling is performed under an engineering, procurement, and construction contract and the part of the plans, specifications, or other design documents for which the contractor is responsible under the contract is the part alleged to be defective.
(d)  Except as provided by Section 59.052, this chapter does not apply to the portion of a contract between a person and a contractor under which the contractor agrees to provide input and guidance on plans, specifications, or other design documents to the extent that:
(1)  the contractor's input and guidance are provided as the signed and sealed work product of a person licensed or registered under Title 6, Occupations Code; and
(2)  the work product is incorporated into the plans, specifications, or other design documents used in construction.
Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 59 - Responsibility for Defects in Plans and Specifications › Subchapter A. General Provisions › Section 59.003. Waiver Prohibited

Sec. 59.003.  WAIVER PROHIBITED.  This chapter may not be waived.  A purported waiver of this chapter in violation of this section is void.
Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 59 - Responsibility for Defects in Plans and Specifications › Subchapter B. Contractor Responsibility › Section 59.051. Limitation on Contractor's Liability and Responsibility for Certain Defects

Sec. 59.051.  LIMITATION ON CONTRACTOR'S LIABILITY AND RESPONSIBILITY FOR CERTAIN DEFECTS.  (a)  A contractor is not responsible for the consequences of design defects in and may not warranty the accuracy, adequacy, sufficiency, or suitability of plans, specifications, or other design documents provided to the contractor by a person other than the contractor's agents, contractors, fabricators, or suppliers, or its consultants, of any tier.
(b)  A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using ordinary diligence, before or during construction.  In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances.  Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills.  A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code.
(c)  A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose.
Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 4 - Business Opportunities and Agreements › Chapter 59 - Responsibility for Defects in Plans and Specifications › Subchapter B. Contractor Responsibility › Section 59.052. Standard of Care for Certain Designs

Sec. 59.052.  STANDARD OF CARE FOR CERTAIN DESIGNS.  Design services provided under a contract described by Section 59.002(c) or (d) are subject to the same standard of care requirements provided in Section 130.0021, Civil Practice and Remedies Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter A. General Provisions › Section 71.001. Short Title

Sec. 71.001.  SHORT TITLE.  This chapter may be cited as the Assumed Business or Professional Name Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.