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 D. Board Powers and Duties › Section 2301.151. General Jurisdiction of Board

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

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

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

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

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

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

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

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

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

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

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

Sec. 2301.205.  NOTICE OF COMPLAINT PROCEDURE.  (a)  A franchised dealer shall provide notice of the complaint procedures provided by Section 2301.204 and Subchapter M to each person to whom the dealer sells a new motor vehicle.
(b)  The board may require its approval of the contents of the notice required by Subsection (a) or may prescribe the contents of the notice.
(c)  The failure to provide notice as required by this section is a violation of this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
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 F. License Requirements › Section 2301.251. License Required: Generally

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

Sec. 2301.252.  LICENSE REQUIRED:  SALE OF NEW MOTOR VEHICLES.  (a)  A person may not engage in the business of buying, selling, or exchanging new motor vehicles unless the person:
(1)  holds a franchised dealer's license issued under this chapter for the make of new motor vehicle being bought, sold, or exchanged;  or
(2)  is a bona fide employee of the holder of a franchised dealer's license.
(b)  For purposes of this section:
(1)  the make of a conversion is that of the chassis manufacturer;
(2)  the make of a motor home is that of the motor home manufacturer;
(3)  the make of an ambulance is that of the ambulance manufacturer; and
(4)  the make of a fire-fighting vehicle is that of the fire-fighting vehicle manufacturer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.609(a), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 4, eff. September 1, 2011.
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 F. License Requirements › Section 2301.253. License Required: Vehicle Lease Facilitators

Sec. 2301.253.  LICENSE REQUIRED:  VEHICLE LEASE FACILITATORS.  Unless a person holds a vehicle lease facilitator license and complies with this chapter, the person may not:
(1)  act in the capacity of or engage in the business of a vehicle lease facilitator;
(2)  hold the person out to any other person as a "leasing company," "leasing agent," "lease facilitator," or similar title, directly or indirectly engaged in the business of a vehicle lease facilitator;  or
(3)  otherwise engage in the solicitation or procurement of a prospective lessee for a motor vehicle that is not titled in the name of and registered to the 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 F. License Requirements › Section 2301.254. License Not Required for Certain Vehicle Lessors or Vehicle Lease Facilitators

Sec. 2301.254.  LICENSE NOT REQUIRED FOR CERTAIN VEHICLE LESSORS OR VEHICLE LEASE FACILITATORS.  (a)  A person is not required to obtain a license to act as a vehicle lessor or a vehicle lease facilitator if the person is:
(1)  a state or federally chartered financial institution or a regulated subsidiary of the financial institution;  or
(2)  a trust or other entity that owns an interest in a vehicle lease and the vehicle that is the subject of the lease, if the lease covering the vehicle is initiated, managed, serviced, and administered by a licensed vehicle lessor.
(b)  A franchised dealer is not required to have a vehicle lessor or vehicle lease facilitator license to engage in any capacity in the business of leasing a motor vehicle that the dealer owns and is licensed under this chapter to sell.
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 F. License Requirements › Section 2301.255. Nonfranchised Dealers; General Distinguishing Number

Sec. 2301.255.  NONFRANCHISED DEALERS;  GENERAL DISTINGUISHING NUMBER.  (a)  A nonfranchised dealer may not operate as a dealer unless the person holds a general distinguishing number.  A nonfranchised dealer is not required to obtain an additional license under this chapter.
(b)  For purposes of a nonfranchised dealer, a reference to a license in this chapter means a general distinguishing number.
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 F. License Requirements › Section 2301.256. Review of New Applications

Sec. 2301.256.  REVIEW OF NEW APPLICATIONS.  A new application for a license under this chapter shall be reviewed and may be investigated to determine compliance with this chapter.
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 F. License Requirements › Section 2301.257. Application for Dealer's License

Sec. 2301.257.  APPLICATION FOR DEALER'S LICENSE.  (a)  An application for a dealer's license must be on a form prescribed by the department.  The application must include:
(1)  the information required by Chapter 503, Transportation Code; and
(2)  information the board determines by rule is necessary to determine the applicant's qualifications to adequately serve the public.
(b)  If a material change occurs in the information included in an application for a dealer's license, the dealer shall notify the department of the change within a reasonable time.  The department shall prescribe a form for the disclosure of the change.
(c)  A franchised dealer must apply for a separate license under this section for each separate and distinct dealership showroom as determined by the department.  Before changing a location, a dealer must obtain a new license for that location.
(d)  The act of filing an application under this section or a form prescribed under this section does not establish the applicant as a franchised dealer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 732 (H.B. 2651), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 8, 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 F. License Requirements › Section 2301.2575. Request for Dealer's License Application Confidential

Sec. 2301.2575.  REQUEST FOR DEALER'S LICENSE APPLICATION CONFIDENTIAL.  Notwithstanding any other law or rule, a request for an application for a dealer's license is confidential, is not an open record, and is not available for public inspection.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.610(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 F. License Requirements › Section 2301.258. General Requirements for Application for Manufacturer's, Distributor's, or Converter's License

Sec. 2301.258.  GENERAL REQUIREMENTS FOR APPLICATION FOR MANUFACTURER'S, DISTRIBUTOR'S, OR CONVERTER'S LICENSE.  An application for a manufacturer's, distributor's, or converter's license must be on a form prescribed by the department.  The application must include information the department determines necessary to fully determine the qualifications of an applicant, including financial resources, business integrity and experience, facilities and personnel for serving franchised dealers, and other information the department determines pertinent to safeguard the public interest and welfare.
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. 6, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.02, eff. September 1, 2019.
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 F. License Requirements › Section 2301.259. Application for Manufacturer's License

Sec. 2301.259.  APPLICATION FOR MANUFACTURER'S LICENSE.  (a)  An applicant for a manufacturer's license must provide a list of each distributor or representative acting for the applicant and each dealer franchised to sell the applicant's products in this state and their respective locations.  An applicant for or holder of a manufacturer's license must inform the board of a change to the list not later than the 15th day after the date of the change.  Information submitted under this subsection becomes a part of the application.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1135, Sec. 140(1), eff. September 1, 2013.
(c)  An application for a manufacturer's license must include a statement regarding the manufacturer's compliance with Subchapter I and Sections 2301.451-2301.476.
(d)  An application for a manufacturer's license must specify:
(1)  the preparation and delivery obligations of the manufacturer's franchised dealers before delivery of a new motor vehicle to a retail purchaser;  and
(2)  the schedule of compensation to be paid to a franchised dealer for the work and service performed under Subdivision (1).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.611(a), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), 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 F. License Requirements › Section 2301.260. Application for Distributor's License

Sec. 2301.260.  APPLICATION FOR DISTRIBUTOR'S LICENSE.
(a)  An application for a distributor's license must disclose:
(1)  the manufacturer for whom the distributor will act;
(2)  whether the manufacturer is licensed in this state;
(3)   the persons in this state who will be responsible for compliance with the warranty covering the motor vehicles to be sold;
(4)  the terms of the contract under which the distributor will act for the manufacturer; and
(5)  the franchised dealers with whom the distributor will do business.
(b)  An applicant for a distributor's license that has a responsibility under a warranty agreement must include a statement regarding the manufacturer's compliance with Subchapter I and Sections 2301.451-2301.476.
(c)  An applicant for or holder of a distributor's license must inform the board of a change in the information provided under this section not later than the 15th day after the date of the change.  Information submitted under this subsection becomes a part of the application.
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. 9, 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 F. License Requirements › Section 2301.261. Application for Vehicle Lessor's License

Sec. 2301.261.  APPLICATION FOR VEHICLE LESSOR'S LICENSE.  (a)  An application for a vehicle lessor's license must:
(1)  be on a form prescribed by the department;
(2)  contain evidence of compliance with Chapter 503, Transportation Code, if applicable; and
(3)  state other information required by the department.
(b)  This chapter does not require a separate license for each employee of a vehicle lessor.
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. 7, 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 F. License Requirements › Section 2301.262. Application for Vehicle Lease Facilitator License

Sec. 2301.262.  APPLICATION FOR VEHICLE LEASE FACILITATOR LICENSE.  (a)  An application for a vehicle lease facilitator license must be on a form prescribed by the department and contain the information required by the department.
(b)  This chapter does not require a separate license for each employee of a vehicle lease facilitator.
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. 8, 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 F. License Requirements › Section 2301.263. License Issued Subject to New Law and Rules

Sec. 2301.263.  LICENSE ISSUED SUBJECT TO NEW LAW AND RULES.  A license issued under this chapter is subject to each provision of this chapter and board rule in effect on the date the license is issued and each provision of this chapter and board rule that takes effect during the term of the 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 F. License Requirements › Section 2301.265. Service of Process on License Holder

Sec. 2301.265.  SERVICE OF PROCESS ON LICENSE HOLDER.  Obtaining a license under this chapter constitutes doing business in this state.  A license holder who fails to designate an agent for service of process is considered to have designated the secretary of state as the agent for receipt of service of process.
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 F. License Requirements › Section 2301.266. Duplicate License

Sec. 2301.266.  DUPLICATE LICENSE.  The board may:
(1)  issue a duplicate license for any license the board issues;
(2)  charge a fee for the issuance of a duplicate license;  and
(3)  adopt rules applicable to the issuance of a duplicate license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.613(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 G. License Expiration and Renewal › Section 2301.301. License Term and Renewal

Sec. 2301.301.  LICENSE TERM AND RENEWAL.  (a)  Licenses issued under this chapter are valid for the period prescribed by the board.
(b)  The department may issue a license for a term of less than the period prescribed under Subsection (a) to coordinate the expiration dates of licenses held by a person that is required to obtain more than one license to perform activities under this chapter.
(c)  The board by rule may implement a system under which licenses expire on various dates during the year.  For a year in which a license expiration date is changed, the fee for the license shall be prorated so that the license holder pays only that portion of the fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the entire license renewal fee is payable.
(d)  A license renewal may be administratively granted unless a protest is made to the board.
(e)  If the board prescribes the term of a license under this chapter for a period other than one year, the board shall prorate the applicable annual fee required under this chapter as necessary to reflect the term of the license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 732 (H.B. 2651), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 732 (H.B. 2651), Sec. 4, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 10, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 11, 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 G. License Expiration and Renewal › Section 2301.302. Notice of License Expiration

Sec. 2301.302.  NOTICE OF LICENSE EXPIRATION.  The department shall notify each person licensed under this chapter of the date of license expiration and the amount of the fee required for license renewal.  The notice shall be sent at least 30 days before the date of license expiration.
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. 11, 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 G. License Expiration and Renewal › Section 2301.303. Renewal of Dealer's License

Sec. 2301.303.  RENEWAL OF DEALER'S LICENSE.  A dealer shall renew the dealer's license on an application prescribed by the department.  The department shall include in the renewal application a request for disclosure of material changes described by Section 2301.257.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 732 (H.B. 2651), Sec. 5, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 12, 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 G. License Expiration and Renewal › Section 2301.304. Procedure for Renewal of Certain Licenses

Sec. 2301.304.  PROCEDURE FOR RENEWAL OF CERTAIN LICENSES.  The holder of a manufacturer's, distributor's, or converter's license may apply for a renewal of the license by complying with the application process specified by this chapter and board rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.04, eff. September 1, 2019.
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 H. Dealers › Section 2301.351. General Prohibition

Sec. 2301.351.  GENERAL PROHIBITION.  A dealer may not:
(1)  violate a board rule;
(2)  aid or abet a person who violates this chapter, Chapter 503, Transportation Code, or a rule adopted under those chapters; or
(3)  use false, deceptive, or misleading advertising relating to the sale or lease of motor vehicles.
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. 12, 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 H. Dealers › Section 2301.352. Prohibition: Requiring Additional Equipment After Retail Sale

Sec. 2301.352.  PROHIBITION:  REQUIRING ADDITIONAL EQUIPMENT AFTER RETAIL SALE.  A franchised dealer may not require as a condition of the sale and delivery of a new motor vehicle a retail purchaser of the vehicle to purchase special features, equipment, parts, or accessories that the purchaser did not order or desire and that were not already installed on the vehicle at the time of sale.
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 H. Dealers › Section 2301.353. Prohibition: Performance of Obligation Under Agreement With Manufacturer

Sec. 2301.353.  PROHIBITION:  PERFORMANCE OF OBLIGATION UNDER AGREEMENT WITH MANUFACTURER.  A franchised dealer may not fail to perform an obligation placed on:
(1)  the selling dealer in connection with the preparation and delivery of a new motor vehicle for retail sale as provided in the manufacturer's preparation and delivery agreements that are applicable to the vehicle; or
(2)  the dealer in connection with the manufacturer's warranty agreements.
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. 13, 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 H. Dealers › Section 2301.354. Use of Signs

Sec. 2301.354.  USE OF SIGNS.  (a)  A franchised dealer may not operate without appropriate signs that:
(1)  are readily and easily visible to the public;  and
(2)  identify the dealer's place of business and the products the dealer offers for sale.
(b)  To the extent of a conflict between this section and another law, including an ordinance, this section prevails.
(c)  If a dispute arises under this section:
(1)  the board has exclusive jurisdiction to determine whether a sign complies with this section;  and
(2)  the board shall uphold an ordinance of a home-rule municipality and protect a franchised dealer from retribution by a manufacturer or distributor for complying with the ordinance.
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 H. Dealers › Section 2301.355. Use of Multiple Locations

Sec. 2301.355.  USE OF MULTIPLE LOCATIONS.  (a)  A franchised dealer may conduct business at more than one location, except that the dealer may establish and maintain a separate location for the display and sale of new motor vehicles only if expressly authorized by the dealer's franchise and license.
(b)  A franchised dealer must hold a separate license for each separate and distinct dealership as required by Section 2301.257.
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 H. Dealers › Section 2301.356. Notice of Certain Proposed Changes

Sec. 2301.356.  NOTICE OF CERTAIN PROPOSED CHANGES.  A licensed dealer shall promptly notify the board of any proposed change in its ownership, location, franchise, or any other matter the board by rule may require.
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 H. Dealers › Section 2301.357. Prohibited Fee

Sec. 2301.357.  PROHIBITED FEE.  (a)  A franchised dealer may not directly or indirectly pay a fee to a vehicle lessor or a vehicle lease facilitator.
(b)  For purposes of Subsection (a), an adjustment in the purchase price paid for the lease or leased vehicle is not a fee.  This subsection does not authorize a fee for referring leases or prospective 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 H. Dealers › Section 2301.358. Vehicle Show or Exhibition

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

Sec. 2301.360.  REVIEW BY BOARD FOLLOWING DENIAL OF TRANSFER.  (a)  A dealer whose application is rejected under Section 2301.359 may file a protest with the board.  A protest filed under this section is a contested case.
(b)  In a protest under this section, the board must determine whether the rejection was reasonable under the criteria described by Section 2301.359.  The burden is on the manufacturer or distributor to prove that the prospective transferee is not qualified under the criteria.  The board shall enter an order holding that the prospective transferee either is qualified or is not qualified.
(c)  If the board's order is that the prospective transferee is qualified, the dealer's franchise is amended to reflect the change in franchisee, and the manufacturer or distributor shall accept the transfer for all purposes.
(d)  If the board's order is that the prospective transferee is not qualified, the board may include in the order:
(1)  specific reasons why the prospective transferee is not qualified;  and
(2)  specific conditions under which the prospective transferee would be qualified.
(e)  If the board's order that a prospective transferee is not qualified includes specific conditions under which the prospective transferee would be qualified, the board may retain jurisdiction of the dispute for a time certain to allow the dealer and prospective transferee to meet the conditions.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 2, eff. September 1, 2009.
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 H. Dealers › Section 2301.361. Independent Mobility Motor Vehicle Dealer

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

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

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

Sec. 2301.401.  WARRANTY, PREPARATION, AND DELIVERY REQUIREMENTS.  (a)  On request, a manufacturer or distributor shall provide to the department a copy of the current requirements the manufacturer or distributor imposes on its dealers with respect to the dealer's:
(1)  duties under the manufacturer's or distributor's warranty; and
(2)  vehicle preparation and delivery obligations.
(b)  Warranty or preparation and delivery requirements placed on a dealer by a manufacturer are not enforceable unless the requirements are reasonable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 14, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 15, eff. September 1, 2013.