reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.171 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements Occupations Code, Chapter 2301
					 specifically, §§
										2301.251,
					 2301.253,
					 2301.254,
					 2301.261,
					 2301.262,
					 2301.357, and
					 Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators, and
					 Transportation Code Chapters 1001 - 1005.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.173 - License

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may engage in business as a
				  vehicle lessor or a vehicle lease facilitator unless that person holds a valid
				  license issued by the department or is exempt from obtaining such a license
				  under Occupations Code §
										2301.254.
(b) Any person who facilitates vehicle leases
				  on behalf of a vehicle lease facilitator must:
(1) be on the vehicle lease facilitator's
				  payroll and receive compensation from which social security, federal
				  unemployment tax, and all other appropriate taxes are withheld from the
				  representative's paycheck and paid to the proper taxing authority;
				  and
(2) have work details such as
				  when, where, and how the final results are achieved, directed, and controlled
				  by the vehicle lease facilitator.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.175 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The board or department may:
(1) deny a vehicle lessor or vehicle lease
				  facilitator application;
(2) revoke
				  or suspend a vehicle lessor or vehicle lease facilitator license; or
(3) assess a civil penalty or take other
				  action on a vehicle lessor or vehicle lease facilitator applicant or license
				  holder, or a person engaged in business for which a vehicle lessor or vehicle
				  lease facilitator license is required.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.176 - More Than One Business Location

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  vehicle lease facilitator must be licensed separately for each business
				  location.
(b) A vehicle lessor or
				  vehicle lease facilitator that relocates from a point outside the limits of a
				  municipality or relocates to a point not within the limits of the same
				  municipality of the initial business location must obtain a new
				  license.
(c) A vehicle lessor is
				  required to obtain a license for the vehicle lessor's primary location. A
				  vehicle lessor must provide the address, telephone number, and the name of a
				  contact person for all other satellite offices that conduct business in the
				  state of Texas.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.178 - Records Required for Vehicle Lessors and Vehicle Lease Facilitators

Current through Reg. 49, No. 28; July 12, 2024
(a) Vehicle purchase, leasing, and sales
				  records. A vehicle lessor or vehicle lease facilitator shall maintain a
				  complete record of all vehicle purchases, leases, and sales of leased vehicles
				  for at least one year after the expiration of the vehicle lease.
(1) Complete records reflecting vehicle lease
				  transactions that occurred within the preceding 24 months must be maintained at
				  the licensed location. Records for prior time periods may be kept
				  off-site.
(2) Within 15 days of
				  receipt of a request from a representative of the department, a vehicle lessor
				  or vehicle lease facilitator shall deliver a copy of the specified records to
				  the address listed in the request.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.179 - Change of Vehicle Lessor or Vehicle Lease Facilitator Status

Current through Reg. 49, No. 28; July 12, 2024
(a) Change of ownership. A vehicle lessor or
				  vehicle lease facilitator that sells or assigns to another any interest in the
				  licensed entity, whether a corporation or otherwise, provided the physical
				  location of the licensed entity remains the same, shall notify the department
				  in writing within 10 days by filing an application to amend the license in the
				  electronic licensing system designated by the department. If the sale or
				  assignment of any portion of the business results in a change of entity, then
				  the purchasing or assignee entity must apply for and obtain a new license by
				  submitting a new license application in the electronic licensing system
				  designated by the department. A publicly held corporation licensed as a vehicle
				  lessor or vehicle lease facilitator needs only inform the department of a
				  change in ownership if one person or entity acquires 10% or greater interest in
				  the licensed entity by submitting a license amendment application in the
				  electronic licensing system designated by the department.
(b) Change of operating status of business
				  location. A license holder shall obtain department approval prior to opening a
				  satellite location or relocating an existing location, in accordance with
				  §
										215.176 of this title (relating to
				  More than One Business Location) by electronically submitting a new license
				  application in the licensing system designated by the department and receiving
				  electronic notice of approval prior to relocating or opening a satellite
				  location. A license holder shall notify the department when closing an existing
				  location or a satellite location by electronically submitting a license
				  amendment to close the license or close the satellite location in the licensing
				  system designated by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.180 - Required Notices to Lessees

Current through Reg. 49, No. 28; July 12, 2024
Vehicle lessors and vehicle lease facilitators shall
					 provide notice of the complaint procedures provided by Occupations Code, §
										2301.204 and
					 Subchapter M (relating to Warranties: Rights of Vehicle Owners), to each lessee
					 of a new motor vehicle with whom they enter into a vehicle
					 lease.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter E - LESSORS AND LEASE FACILITATORS › Section 215.181 - General Distinguishing Number Exception

Current through Reg. 49, No. 28; July 12, 2024
A licensed vehicle lessor is not required to hold a GDN in
					 order to sell a motor vehicle that the vehicle lessor owns to the lessee or to
					 a duly licensed dealer, either directly or through a licensed wholesale motor
					 vehicle auction. A licensed vehicle lessor may not purchase a motor vehicle at
					 a wholesale motor vehicle auction. Any existing GDN held by a vehicle lessor
					 that does not otherwise qualify for a GDN shall be canceled. A vehicle lessor
					 whose GDN has been canceled under this section may reapply for a GDN once all
					 the qualifications for a GDN are met.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.241 - Purpose and Scope.

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements Occupations Code, Chapter 2301
					 by regulating the advertising of persons under the jurisdiction of the
					 department by requiring truthful and accurate advertising practices for the
					 benefit of the citizens of this state.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.242 - General Prohibition

Current through Reg. 49, No. 28; July 12, 2024
A person advertising motor vehicles shall not use false,
					 deceptive, unfair, or misleading advertising. In addition to a violation of a
					 specific advertising rule, any other advertising or advertising practices found
					 by the department to be false, deceptive, or misleading, whether herein
					 described, shall be deemed a violation of Occupations Code, Chapter 2301 and
					 shall also be deemed a violation of this rule.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.243 - Specific Rules

Current through Reg. 49, No. 28; July 12, 2024
The violation of an advertising rule shall be considered by
					 the department as a prima facie violation of Occupations Code, Chapter
					 2301.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.244 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Advertisement--
(A) An oral, written, graphic,
				  or pictorial statement or representation made in the course of soliciting
				  business, including, but not limited to a statement or representation:
(i) made in a newspaper, magazine, or other
				  publication;
(ii) contained in a
				  notice, sign, poster, display, circular, pamphlet, or letter;
(iii) aired on the radio;
(iv) broadcast on the internet or television;
				  or
(v) streamed via an online
				  service.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.245 - Availability of Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  dealer may advertise a specific new motor vehicle or line-make of vehicles for
				  sale if the specific motor vehicle or line-make is in the possession of the
				  dealer at the time the advertisement is placed.
(b) If the specific motor vehicle or
				  line-make is not in the possession of the dealer at the time the advertisement
				  is placed, the dealer must clearly and conspicuously disclose that fact in the
				  advertisement and state that the motor vehicle may be obtained from the
				  manufacturer, distributor, or some other source. The advertisement must set
				  forth the number of motor vehicles available at the advertised price, if a
				  price is advertised, at the time the advertisement is placed or the dealer can
				  show that it has the number of motor vehicles available to meet the reasonable
				  expectable public demand based on prior experience.
(c) If an advertised price pertains to only
				  one specific motor vehicle, then the advertisement must also disclose the motor
				  vehicle's stock number or VIN.
(d)
				  This section does not prohibit general advertising of motor vehicles by a
				  manufacturer, dealer advertising association, or distributor, nor does it
				  prohibit the inclusion of the names and addresses of the dealers selling such
				  motor vehicles in the particular area.
(e) A motor vehicle dealer may advertise a
				  specific used motor vehicle for sale if:
(1)
				  the specific used motor vehicle is in the possession of the dealer at the time
				  the advertisement is placed; and
(2) the title certificate to the used motor
				  vehicle has been assigned to the dealer.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.246 - Accuracy

Current through Reg. 49, No. 28; July 12, 2024
Advertisements shall be accurate, clear, and conspicuous.
					 Advertisements shall not be false, deceptive, or misleading. For an Internet
					 advertisement, a disclosure may be considered accurate, clear, and conspicuous
					 if:
(1) the viewer highlights, hovers a
				  mouse or cursor over, or otherwise selects certain text or images on a screen
				  that results in an immediate and legible visible disclosure; or
(2) only one click on select text or image(s)
				  is required to view the disclosure; and
(3) the internet advertisement clearly and
				  conspicuously indicates where to hover or click for the disclosure and is in
				  close proximity to the information being disclosed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.247 - Untrue Claims

Current through Reg. 49, No. 28; July 12, 2024
The following statements are prohibited.
(1) Statements such as "write your own deal,"
				  "name your own price," "name your own monthly payments," or statements with
				  similar meaning.
(2) Statements
				  such as "everybody financed," "no credit rejected," "we finance anyone," and
				  other similar statements representing or implying that no prospective credit
				  purchaser will be rejected because of his inability to qualify for
				  credit.
(3) Statements representing
				  that no other dealer grants greater allowances for trade-ins, however stated,
				  unless the dealer can show such is the case.
(4) Statements representing that because of
				  its large sales volume, a dealer is able to purchase motor vehicles for less
				  than another dealer selling the same make of motor vehicles, unless the dealer
				  can show such is the case.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.248 - Layout

Current through Reg. 49, No. 28; July 12, 2024
The layout, headlines, illustrations, or type size of a
					 printed advertisement, an internet advertisement or an advertisement streamed
					 via an online service, and the broadcast words or pictures of radio and
					 television advertisements shall not convey or permit an erroneous or misleading
					 impression as to which motor vehicle or vehicles are offered for sale or lease
					 at featured prices. No advertised offer, expression, or display of price,
					 terms, down payment, trade-in allowance, cash difference, savings, or other
					 such material terms shall be misleading. Any necessary qualifications shall be
					 clearly, conspicuously, and accurately set forth to prevent
					 misunderstanding.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.249 - Manufacturer's or Distributor's Suggested Retail Price

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b) of
				  this section, the suggested retail price of a new motor vehicle advertised by a
				  manufacturer or distributor must include all costs and charges for the motor
				  vehicle advertised.
(b) The
				  following costs and charges may be excluded if an advertisement described in
				  subsection (a) of this section clearly and conspicuously states the costs and
				  charges are excluded:
(1) destination and
				  dealer preparation charges;
(2)
				  registration, certificate of title, license fees, or an additional registration
				  fee, if any;
(3) taxes;
				  and
(4) other fees or charges that
				  are allowed or prescribed by law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.250 - Dealer Price Advertising; Savings Claims; Discounts

Current through Reg. 49, No. 28; July 12, 2024
(a) When featuring a sales price of a motor
				  vehicle in an advertisement, the dealer must be willing to sell the motor
				  vehicle for that featured sales price to any retail buyer. The featured sales
				  price must be the price before the addition or subtraction of any other
				  negotiated items. Destination and dealer preparation charges and additional
				  dealership markup, if any must be included in the featured sales
				  price.
(b) The only costs and
				  charges that may be excluded from the featured sales price are:
(1) registration, certificate of title, or
				  license fees;
(2) taxes;
				  and
(3) other fees or charges that
				  are expressly allowed by law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.251 - Identification

Current through Reg. 49, No. 28; July 12, 2024
(a) When the sales price of a motor vehicle
				  is advertised, the following must be disclosed:
(1) model year;
(2) make;
(3) model line and style or model
				  designation; and
(4) if applicable,
				  whether the motor vehicle is used, a demonstrator, or a factory
				  executive/official vehicle.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.252 - Advertising at Cost or Invoice

Current through Reg. 49, No. 28; July 12, 2024
(a) The term
				  "dealer's cost" or other reference to the cost of the motor vehicle shall not
				  be used.
(b) The terms "invoice" or
				  "invoice price" in advertising shall not be used.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.253 - Trade-in Allowances

Current through Reg. 49, No. 28; July 12, 2024
No guaranteed trade-in amount or range of amounts shall be
					 used in advertising. Additionally, an advertisement shall not state an amount
					 or range of amounts for trade-in assistance or advertise that an offer is any
					 specific amount or range of amounts over blue book value, black book value, or
					 use any other similar language indicating there is an established retail value
					 or starting price point for a used motor vehicle.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.254 - Used Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
A used motor vehicle shall not be advertised in any manner
					 that creates the impression that it is new. A used motor vehicle shall be
					 identified as "used" or "pre-owned." Terms such as "program car," "special
					 purchase," "factory repurchase," or other similar terms shall not be used to
					 identify a motor vehicle as used.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.255 - Demonstrators and Factory Executive/Official Motor Vehicles.

Current through Reg. 49, No. 28; July 12, 2024
If a demonstrator or factory executive/official motor
					 vehicle is advertised, the advertisement must clearly and conspicuously
					 identify the motor vehicle as a demonstrator or factory executive/official
					 motor vehicle. A demonstrator or factory executive/official motor vehicle may
					 not be advertised or sold except by a dealer franchised and licensed to sell
					 that line-make of new motor vehicle.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.256 - Free Offers

Current through Reg. 49, No. 28; July 12, 2024
(a) No merchandise
				  or enticement may be described as "free" if the:
(1) motor vehicle can be purchased or leased
				  for a lesser sales price without the merchandise or enticement; or
(2) sales price of the motor vehicle has been
				  increased to cover the cost or any part of the cost of the merchandise or
				  enticement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.257 - Authorized Dealer

Current through Reg. 49, No. 28; July 12, 2024
The term "authorized dealer" or a similar term shall not be
					 used unless the advertising dealer holds both a franchised dealer license and a
					 franchised dealer GDN to sell the motor vehicles the dealer identifies itself
					 as "authorized" to sell.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.258 - Manufacturer and Distributor Rebates

Current through Reg. 49, No. 28; July 12, 2024
It is unlawful for a manufacturer or distributor to
					 advertise any offer of a rebate, interest or finance charge reduction, or other
					 financial inducement or incentive for the benefit of the purchaser of a motor
					 vehicle if the selling dealer contributes in any manner to that incentive
					 program, unless the advertisement discloses that the dealer's contribution may
					 affect the final negotiated sales price of the motor vehicle.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.259 - Rebate and Financing Rate Advertising by Dealers

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful for a dealer to advertise
				  an offer of a manufacturer's or distributor's rebate, interest or finance
				  charge reduction, or other financial inducement or incentive if the dealer
				  contributes to the incentive program, unless such advertising discloses that
				  the dealer's contribution may affect the final negotiated price of the motor
				  vehicle.
(b) An advertisement
				  containing an offer of an interest or finance charge incentive that is paid for
				  or financed by the dealer rather than the manufacturer or distributor shall
				  disclose:
(1) that the dealer pays for or
				  finances the interest or finance charge rate reduction;
(2) the amount of the dealer's contribution
				  in either a dollar or percentage amount; and
(3) that such arrangement may affect the
				  final negotiated price of the motor vehicle.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.260 - Vehicle Lease Advertisements

Current through Reg. 49, No. 28; July 12, 2024
A vehicle lease advertisement shall clearly and
					 conspicuously disclose that the advertisement is for the lease of a motor
					 vehicle. Statements such as "alternative financing plan," "drive away for $ per
					 month," or other terms or phrases that do not use the term "lease" do not
					 constitute adequate disclosure of a lease. A vehicle lease advertisement shall
					 not contain the phrase "no down payment" or similar words or phrases if any
					 payment is required to be paid by the customer to lease the motor vehicle.
					 Vehicle lease terms that are not available to the general public shall not be
					 included in advertisements directed at the general public, or all limitations
					 and qualifications applicable to the vehicle lease terms advertised shall be
					 clearly and conspicuously disclosed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.261 - Manufacturer or Distributor Sales and Wholesale Prices

Current through Reg. 49, No. 28; July 12, 2024
A motor vehicle shall not be advertised for sale in any
					 manner that creates the impression that it is being offered for sale by the
					 manufacturer or distributor of the motor vehicle. An advertisement shall
					 not:
(1) contain terms such as "factory
				  sale," "fleet prices," "wholesale prices," "factory approved," "factory
				  sponsored," "manufacturer sale," or "distributor sale";
(2) use a manufacturer's or distributor's
				  name or abbreviation in any manner calculated or likely to create an impression
				  that the motor vehicle is being offered for sale by the manufacturer or
				  distributor; or
(3) use any other
				  similar terms which indicate sales other than retail sales from the
				  dealer.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.263 - Sales Payment Disclosures

Current through Reg. 49, No. 28; July 12, 2024
An advertisement that contains the amount of any payment,
					 including a down payment in either a percentage or dollar amount, or an
					 advertisement that contains the number of payments, the period of repayment, or
					 the amount of any finance charge must include the following:
(1) the amount or percentage of the down
				  payment;
(2) the terms of
				  repayment, from which the number of months to make repayment and the amount per
				  month can be determined, including any balloon payment;
(3) the annual percentage rate (APR);
				  and
(4) the amount of the APR, if
				  increased, after consummation of the credit transaction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.264 - Payment Disclosure - Vehicle Lease

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An advertisement that promotes a consumer lease and contains the amount of any
				  payment or that contains either a statement of any capitalized cost reduction
				  or other payment or a statement that no payment is required at consummation or
				  prior to consummation or delivery, if delivery occurs after consummation, must
				  clearly and conspicuously include the following:
(1) that the transaction advertised is a
				  vehicle lease;
(2) the total amount
				  due at consummation or prior to consummation or delivery, if delivery occurs
				  after consummation;
(3) the number,
				  amount, and due date or period of scheduled payments under the vehicle
				  lease;
(4) a statement of whether a
				  security deposit is required; and
(5) a statement that an extra charge may be
				  imposed at the end of the vehicle lease term where the lessee's liability, if
				  any, is based on the difference between the residual value of the leased
				  property and its realized value at the end of the vehicle lease term.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.266 - Lowest Price Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) Claims that
				  represent a lowest price, best price, best deal, or other similar superlative
				  claims shall not be used in advertising.
(b) If a "meet or beat" guarantee is
				  advertised, then the advertisement must clearly and conspicuously disclose the
				  conditions and requirements necessary in order for a person to receive the
				  offer or guarantee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.267 - Fleet Prices

Current through Reg. 49, No. 28; July 12, 2024
Terms such as "fleet prices," "fleet sales," or other terms
					 or phrases implying that individual retail customers will be afforded the same
					 price or discount as multi purchase commercial businesses shall not be
					 used.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.268 - Bankruptcy and Liquidation Sales

Current through Reg. 49, No. 28; July 12, 2024
A person who advertises a liquidation sale, auction sale,
					 or going out of business sale shall state the correct name and permanent
					 address of the business in the advertisement. The phrases "going out of
					 business," "closing out," "shutting doors forever," "bankruptcy sale,"
					 "foreclosure," "bankruptcy," or similar phrases or words indicating that a
					 business is ceasing operation shall not be used unless the business is closing
					 its operations and follows the procedures required by Business and Commerce
					 Code, Chapter 17, Subchapter F.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.269 - Finding of Violation

Current through Reg. 49, No. 28; July 12, 2024
A person shall not be held in violation of the rules,
					 including the general prohibition, except upon a finding of a violation made by
					 the department after the filing of a Notice of Department Decision and an
					 opportunity to request a hearing as provided in Occupations Code, Chapter
					 2301.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.270 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may file a Notice of
				  Department Decision against a license holder alleging a violation of an
				  advertising provision pursuant to Occupations Code, §
										2301.203, provided
				  the department can show:
(1) that the license
				  holder who allegedly violated an advertising provision has received from the
				  department a notice of an opportunity to cure the violation by certified mail,
				  return receipt requested, in compliance with subsection (b) of this section;
				  and
(2) that the license holder
				  committed a subsequent violation of the same advertising provision.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter F - ADVERTISING › Section 215.271 - Auction

Current through Reg. 49, No. 28; July 12, 2024
Terms such as "auction," "auction special," or other terms
					 with similar meaning shall be used only in connection with a motor vehicle
					 offered or sold at a bona fide auction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter J - ADMINISTRATIVE SANCTIONS › Section 215.500 - Administrative Sanctions

Current through Reg. 49, No. 28; July 12, 2024
An administrative sanction may include:
(1) denial of an application for a
				  license;
(2) suspension of a
				  license;
(3) revocation of a
				  license;
(4) the imposition of
				  civil penalties; or
(5) a refund
				  under §
										215.504 of this title (relating to
				  Buyer or Lessee Refund).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter J - ADMINISTRATIVE SANCTIONS › Section 215.503 - Refund of Fees

Current through Reg. 49, No. 28; July 12, 2024
In the absence of director approval, the department will
					 not refund a fee paid by a license applicant, license holder, or other person
					 if:
(1) the application or license is:
(A) denied;
(B) suspended; or
(C) revoked; or
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter J - ADMINISTRATIVE SANCTIONS › Section 215.504 - Buyer or Lessee Refund

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  order a person to issue a refund if, after a proceeding under this chapter, it
				  determines the person violated or has violated Occupations Code Chapter 2301 or
				  department rules.
(b) Under this
				  section, a refund is the return of any percentage ordered by the department of
				  funds paid, or contracted to be paid, to a person, whether those funds are
				  documented as a separate line item or part of the overall amount paid by a
				  buyer or lessee. Refund may include overpayments, fees paid for services not
				  rendered, and payments made for products not delivered.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The Certificate of Title Act, Transportation Code, Chapter
					 501, charges the department with the responsibility of issuing titles for motor
					 vehicles, unless they are otherwise exempted by law. For the department to
					 efficiently and effectively issue motor vehicle titles, maintain records, and
					 collect the applicable fees, and to ensure proper application by motor vehicle
					 owners, this subchapter prescribes the policies and procedures for the
					 application for and issuance of motor vehicle titles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.3 - Motor Vehicle Titles

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise exempted by law or this chapter, the owner
					 of any motor vehicle that is required to be titled, including any motor vehicle
					 required to be registered in accordance with Transportation Code Chapter 502,
					 shall apply for a Texas title in accordance with Transportation Code Chapter
					 501 or 731.
(1) Motorcycles,
				  autocycles, and mopeds.
(A) The title
				  requirements for a motorcycle, autocycle, and moped are the same requirements
				  prescribed for any motor vehicle.
(B) A vehicle that meets the criteria for a
				  moped under Transportation Code §
											541.201(8)
				  will be registered and titled as a moped.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.4 - Initial Application for Title

Current through Reg. 49, No. 28; July 12, 2024
(a) Time
				  for application. A person must apply for the title not later than the 30th day
				  after the date of assignment, except:
(1) in
				  a seller-financed sale, the title must be applied for not later than the 45th
				  day after the date the motor vehicle is delivered to the purchaser;
(2) a member of the armed forces or a member
				  of a reserve component of the United States, a member of the Texas National
				  Guard or of the National Guard of another state serving on active duty, must
				  apply not later than the 60th day after the date of assignment of ownership;
				  or
(3) as otherwise provided by
				  Transportation Code, Chapter 501.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.5 - Evidence of Motor Vehicle Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Evidence of motor vehicle ownership properly assigned to the applicant must
				  accompany the title application. Evidence must include, but is not limited to,
				  the following documents.
(1) New motor
				  vehicles. A manufacturer's certificate of origin assigned by the manufacturer
				  or the manufacturer's representative or distributor to the original purchaser
				  is required for a new motor vehicle that is sold or offered for sale.
(A) The manufacturer's certificate of origin
				  must be in the form prescribed by the department and must contain, at a
				  minimum, the following information:
(i) motor
				  vehicle description including, but not limited to, the motor vehicle year,
				  make, identification number, and body style;
(ii) the empty or shipping weight;
(iii) the gross vehicle weight when the
				  manufacturer's certificate of origin is invoiced to a licensed Texas motor
				  vehicle dealer and is issued for commercial motor vehicles as that term is
				  defined in Transportation Code, Chapter 502;
(iv) a statement identifying a motor vehicle
				  designed by the manufacturer for off-highway use only; and
(v) if the vehicle is a "neighborhood
				  electric vehicle," a statement that the vehicle meets Federal Motor Vehicle
				  Safety Standard 500 (49 C.F.R. §
														571.500) for low-speed vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.6 - Title Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance. The
				  department or its designated agent will issue a receipt and process the
				  application for title on receipt of:
(1) a
				  completed application for title;
(2) required accompanying documentation;
(3) the statutory fee for a title
				  application, unless exempt under:
(A)
				  Transportation Code, §
												501.138;
				  or
(B) Government Code, §
												431.039 and copies of
				  official military orders are presented as evidence of the applicant's active
				  duty status and deployment orders to a hostile fire zone; and
(4) any other applicable fees.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.7 - Replacement of Title

Current through Reg. 49, No. 28; July 12, 2024
(a) Lost or
				  destroyed title. If a title is lost or destroyed, the department will issue a
				  certified copy of the title to the owner, the lienholder, or a verified agent
				  of the owner or lienholder in accordance with Transportation Code, Chapter 501,
				  on proper application and payment of the appropriate fee to the
				  department.
(b) Identification
				  required.
(1) An owner or lienholder may not
				  apply for a certified copy of title unless the applicant presents a current
				  photo identification of the owner or lienholder containing a unique
				  identification number and expiration date. The identification document must be
				  a:
(A) driver's license or state
				  identification certificate issued by a state or territory of the United
				  States;
(B) United States or
				  foreign passport;
(C) United States
				  military identification card;
(D)
				  North Atlantic Treaty Organization identification or identification issued
				  under a Status of Forces Agreement;
(E) United States Department of Homeland
				  Security, United States Citizenship and Immigration Services, or United States
				  Department of State identification document; or
(F) concealed handgun license or license to
				  carry a handgun issued by the Texas Department of Public Safety under
				  Government Code, Chapter 411, Subchapter H.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.8 - Second Hand Vehicle Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Voluntary notification. A transferor of a motor vehicle may voluntarily make
				  written notification to the department of the sale of the vehicle, in
				  accordance with Transportation Code, §
										501.147.
				  The written notification may be submitted to the department by mail, in person
				  at one of the department's regional offices, or electronically through the
				  department's Internet website.
(b)
				  Records. On receipt of written notice of transfer from the transferor of a
				  motor vehicle, the department will mark its records to indicate the date of
				  transfer and will maintain a record of the information provided on the written
				  notice of transfer.
(c) Title
				  issuance. A title will not be issued in the name of a transferee until the
				  transferee files an application for the title as described in this
				  subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.9 - Bonded Titles

Current through Reg. 49, No. 28; July 12, 2024
(a) Who may file. A
				  person who has an interest in a motor vehicle to which the department has
				  refused to issue a title or has suspended or revoked a title may request
				  issuance of a title from the department on a prescribed form if the vehicle is
				  in the possession of the applicant; and
(1)
				  there is a record that indicates a lien that is less than ten years old and the
				  surety bonding company ensures lien satisfaction or release of lien;
(2) there is a record that indicates there is
				  not a lien or the lien is ten or more years old; or
(3) the department has no previous motor
				  vehicle record.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.10 - Appeal to the County

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department refuses to issue a title, revokes a title, or suspends a title, the
				  applicant may apply to the county for a tax-assessor collector hearing.
(b) The county tax
				  assessor-collector must hold a hearing upon receipt of:
(1) a copy of the department's refusal,
				  revocation, or suspension documents; and
(2) an applicant's request for a hearing.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.11 - Rescission, Cancellation or Revocation by Affidavit

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may rescind, cancel, or
				  revoke an existing title or application for a title if a notarized or county
				  stamped affidavit is completed and presented to the department within 90 days
				  of initial sale containing:
(1) a statement
				  that the vehicle involved was a new motor vehicle in the process of a first
				  sale;
(2) a statement that the
				  dealer, the applicant, and any lienholder have canceled the sale;
(3) a statement that the vehicle was:
(A) never in possession of the title
				  applicant; or
(B) in the possession
				  of the title applicant;
(4) the signatures of the dealer, the
				  applicant, and any lienholder as principal to the document; and
(5) an odometer disclosure statement executed
				  by the purchaser of the motor vehicle and acknowledged by the dealer if a
				  statement is made pursuant to paragraph (3)(B) of this subsection to be used
				  for the purpose of determining usage subsequent to sale.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.12 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The department and the county will charge
				  required fees, and only those fees provided by statute or by rule.
(b) The $25 mechanic lien fee provided by
				  Property Code, §
										70.006
				  may be charged once per vehicle.
(c) There is no charge for issuance of title
				  receipt or the duplicate title receipt at the time of application.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.13 - Alias Certificate of Title

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Authority to issue. Upon receipt of the exempt agency's affidavit for alias
				  certificate of title properly executed by the executive administrator,
				  certificate of title application, and evidence of ownership, the division
				  director may authorize the issuance of an alias certificate of title for a
				  vehicle used by an exempt law enforcement agency in covert criminal
				  investigations.
(b) Affidavit for
				  alias certificate of title.
(1) The affidavit
				  for an alias certificate of title shall be in a form prescribed by the division
				  director and must contain, but is not limited to, the following information:
(A) the vehicle description;
(B) the name of exempt agency;
(C) a sworn statement that the vehicle will
				  be used in covert criminal investigations; and
(D) the signature of the executive
				  administrator or an authorized designee as provided in paragraph (2) of this
				  subsection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.14 - Exemptions from Title

Current through Reg. 49, No. 28; July 12, 2024
Vehicles registered with the following distinguishing
					 license plates may not be titled under Transportation Code, Chapter 501:
(1) vehicles eligible for machinery license
				  plates and permit license plates in accordance with Transportation Code, §
										502.146;
				  and
(2) vehicles eligible for farm
				  trailer license plates in accordance with Transportation Code, §
										502.433,
				  unless the owner chooses to title a farm semitrailer with a gross weight of
				  more than 4,000 pounds that is registered in accordance with §502.146, as
				  provided by Transportation Code, §
										501.036.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.15 - Title Issuance to Government Agency for Travel Trailer

Current through Reg. 49, No. 28; July 12, 2024
(a) A government agency may apply to the
				  department for a title to a travel trailer purchased by or transferred to the
				  government agency if the travel trailer is being used as temporary housing in
				  response to a natural disaster or other declared emergency.
(b) A government agency applying for a title
				  under subsection (a) of this section must comply with §217.4(a), (c), and
				  (d) of this title (relating to Initial Application for Title).
(c) The department will issue a title to a
				  government agency under this section without payment of a fee if the government
				  agency is not applying for registration at the same time. If the government
				  agency is also applying for registration, the government agency must pay any
				  applicable state inspection fee to the department at the time of
				  application.