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 215.177 - Established and Permanent Place of Business Premises Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A vehicle lessor or vehicle lease
				  facilitator operating within Texas must meet the following requirements at each
				  location where vehicles are leased or offered for lease.
(1) Physical location requirements.
(A) A vehicle lessor or vehicle lease
				  facilitator operating within Texas must be open to the public. The vehicle
				  lessor's or vehicle lease facilitator's business hours for each day of the week
				  must be posted at the main entrance of the office. The business telephone must
				  be answered from 8:00 a.m. to 5:00 p.m. weekdays by a bona fide employee,
				  owner, answering service, voicemail service, or answering machine. A caller
				  must be able to speak to a natural person or leave a message during these
				  hours. The owner or an employee of the vehicle lessor or vehicle lease
				  facilitator must be at the location during the posted business hours for the
				  purpose of leasing vehicles. In the event the owner or an employee is not
				  available to conduct business during the posted business hours, a separate sign
				  must be posted indicating the date and time such owner or employee will resume
				  vehicle leasing operations.
(B) A
				  vehicle lessor's or vehicle leasing facilitator's office structure must be of
				  sufficient size to accommodate the following required equipment:
(i) a desk and two chairs from which the
				  vehicle lessor or vehicle lease facilitator transacts business;
(ii) a working telephone number listed in the
				  business name or assumed name under which the vehicle lessor or vehicle lease
				  facilitator conducts business; and
(iii) internet access.
(C) A vehicle lessor or vehicle lease
				  facilitator that files an application for a new license or a vehicle lessor
				  that files an application for a satellite location must comply with the
				  following requirements:
(i) The office must be
				  located in a building with a permanent roof and connecting exterior walls on
				  all sides.
(ii) The office must
				  comply with all applicable local zoning ordinances and deed
				  restrictions.
(iii) The office may
				  not be located within a residence, apartment, hotel, motel, or rooming house or
				  building not open to the public.
(iv) The physical address of the office must
				  be recognized by the U.S. Postal Service, capable of receiving U.S. mail, and
				  have an assigned emergency services property address.
(v) The office may not be virtual or provided
				  by a subscription for office space or office services. Access to office space
				  or office services is not considered an established and permanent
				  location.
(D) A
				  portable-type office structure may qualify as an office only if the structure
				  meets the requirements of this section and is not a readily moveable trailer or
				  other vehicle.
(E) One or more
				  licensed vehicle lessors or vehicle lease facilitators, or a combination of one
				  or more licensed vehicle lessors and vehicle lease facilitators may occupy the
				  same business structure and conduct vehicle leasing operations in accordance
				  with the license held by the vehicle lessor or licensed vehicle lease
				  facilitator. Each vehicle lessor or vehicle lease facilitator must have:
(i) a separate desk from which that vehicle
				  lessor or vehicle lease facilitator transacts business;
(ii) a separate working telephone number
				  listed in the vehicle lessor or vehicle lease facilitator's business name or
				  assumed name;
(iii) a separate
				  right of occupancy that meets the requirements of this section; and
(iv) a vehicle lessor or vehicle lease
				  facilitator license issued by the department in the name of the vehicle lessor
				  or vehicle lease facilitator.
(F) A vehicle lease facilitator's established
				  and permanent place of business must be physically located within
				  Texas.