reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.105 - Notification of License Application; Protest Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions of this section are not
				  applicable to an application filed with the department for a franchised
				  dealer's license as a result of the purchase or transfer of an existing entity
				  holding a current franchised dealer's license that does not involve a physical
				  relocation of the purchased or transferred line-makes.
(b) Upon receipt of an application for a
				  franchised dealer's license, including an application filed with the department
				  by reason of the relocation of an existing dealership, the department shall
				  give notice of the filing of the application to each franchised dealer that may
				  have standing to protest the application. The department shall send notice
				  electronically and by certified mail, return receipt requested, to the email
				  address and mailing address in the franchised dealer's license
				  record.
(c) If it appears to the
				  department that there are no franchised dealers with standing to protest, then
				  no notice shall be given.
(d) A
				  person holding a franchised dealer's license for the sale of the same line-make
				  of a new motor vehicle as proposed for sale in the subject application and that
				  has standing to protest the application may file with the department a notice
				  of protest opposing the granting of a license by timely filing a protest
				  electronically in the licensing system designated by the department and paying
				  the required fee.
(e) A franchised
				  dealer that wishes to protest the application shall give notice in accordance
				  with Occupations Code, Chapter 2301.
(1) The
				  notice of protest must be in writing and shall be signed by an authorized
				  officer or other official authorized to sign on behalf of the protesting dealer
				  filing the notice.
(2) The notice
				  of protest must state the statutory basis upon which the protest is made and
				  assert how the protesting dealer meets the standing requirements under §
											215.119 of this title (relating to
				  Standing to Protest) to protest the application.
(3) The notice of protest must state that the
				  protest is not made for purposes of delay or for any other purpose except for
				  justifiable cause.
(4) If a protest
				  is filed against an application for the establishment of a dealership or for
				  addition of a line-make at an existing dealership, the notice of protest must
				  state under which provision of Occupations Code, Chapter 2301 the protest is
				  made.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.106 - Time for Filing Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) A notice of
				  protest must be:
(1) received by the
				  department not later than 5:00 p.m. Central Time (CST or CDT, as applicable) on
				  the 15th day after the department issued the notice as evidenced by the date in
				  the notice;
(2) filed in the
				  department's designated electronic filing system; and
(3) submitted with the filing fee
				  paid.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.108 - Addition or Relocation of Line-make

Current through Reg. 49, No. 28; July 12, 2024
An application to amend an existing franchised dealer's
					 license for the addition of another line-make at the existing dealership or for
					 the relocation of a line-make to the existing dealership shall be deemed an
					 "application to establish a dealership" insofar as the line-make to be added is
					 concerned, and shall be subject to the provisions of §
										215.105 of this title (relating to
					 Notification of License Application; Protest Requirements) and §
										215.106 of this title (relating to
					 Time for Filing Protest).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.109 - Replacement Dealership

Current through Reg. 49, No. 28; July 12, 2024
An application for a franchised dealer's license for a
					 dealership intended as a replacement for a previously existing dealership shall
					 be deemed an application for a "replacement dealership" required to be
					 established in accordance with Occupations Code, §
										2301.453 and shall
					 not be subject to protest under the provisions of §
										215.105 of this title (relating to
					 Notification of License Application; Protest Requirements), provided
					 that:
(1) the application states that
				  the applicant is intended as a replacement dealership and identifies the prior
				  dealership to be replaced;
(2) the
				  manufacturer or distributor of the line-make gives notice to the department and
				  to other dealers franchised for the same line-make that meet the provisions of
				  Occupations Code, §
										2301.652(b) and
				  (c);
(3) the notice under paragraph (2) of this
				  subsection is given within 60 days following the closing of the prior
				  dealership;
(4) the application is
				  filed electronically in the licensing system designated by the department not
				  later than one year following the closing of the prior dealership;
				  and
(5) the location of the
				  applicant's proposed dealership is not more than two miles from the location of
				  the prior dealership.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.110 - Evidence of Franchise

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon application
				  for a franchised dealer's license or an amendment of an existing franchised
				  dealer's license to add a line-make, the applicant must submit a legible and
				  accurate electronic image of the franchise agreement pages that reflect:
(1) the parties,
(2) the authorized signatures of the
				  parties,
(3) each line-make listed
				  in the application, and
(4) the
				  address of the franchised dealership's physical location.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.111 - Notice of Termination or Discontinuance of Franchise and Time for Filing Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) A manufacturer
				  or distributor shall give notice of termination or discontinuance of a dealer's
				  franchise to a franchised dealer and the department in accordance with
				  Occupations Code, §
										2301.453.
(b) A dealer must file a written notice of
				  protest of the franchise termination or discontinuance pursuant to Occupations
				  Code, §
										2301.453
				  electronically in the licensing system designated by the department, prior to
				  the effective date of the franchise termination or discontinuance stated in the
				  notice from the manufacturer or distributor, which must not be less than 60
				  days after the franchised dealer receives the notice of termination or
				  discontinuance.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.113 - Manufacturer Ownership of Franchised Dealer; Good Cause Extension; Dealer Development

Current through Reg. 49, No. 28; July 12, 2024
(a) In the absence
				  of a showing of good cause, an application for a franchised dealer's license of
				  which a manufacturer or distributor owns any interest in or has control of the
				  dealership entity must be submitted to the department electronically in the
				  licensing system designated by the department no later than 30 days before:
(1) the opening of the dealership;
(2) close of the buy-sell agreement;
				  or
(3) the expiration of the
				  current license.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.114 - Sale of a Vehicle by a Manufacturer or Distributor at a Wholesale Motor Vehicle Auction

Current through Reg. 49, No. 28; July 12, 2024
A manufacturer or distributor licensed under Occupations
					 Code, Chapter 2301 or a wholly owned subsidiary of a manufacturer or
					 distributor, may sell motor vehicles it owns to dealers through a licensed
					 Texas wholesale motor vehicle auction. A GDN issued to a licensed manufacturer,
					 distributor, or wholly owned subsidiary of a manufacturer or distributor shall
					 be canceled, unless otherwise allowed under Occupations Code, Chapter
					 2301.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.115 - Manufacturer, Distributor, and Converter Vehicle Sales Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A manufacturer or distributor must
				  maintain, for a minimum period of 48 months, a record of each vehicle sold to
				  any person in this state. The manufacturer or distributor shall make the record
				  available during business hours for inspection and copying by the department or
				  be available to submit electronically to the department upon request.
(b) A converter must maintain, for a minimum
				  period of 48 months, a record of each vehicle converted for a person in this
				  state, including a Texas franchised dealer. The converter shall make the record
				  available during business hours for inspection and copying by the department or
				  be available to submit electronically to the department upon request.
(c) A manufacturer, distributor, or converter
				  is required to maintain at its licensed location a record reflecting each
				  purchase, sale, or conversion for a minimum period of 24 months. Records for
				  prior time periods may be kept off-site.
(d) Within 15 days of receipt of a request
				  sent by mail or electronic document transfer from the department, a
				  manufacturer, distributor, or converter must submit a copy of specified records
				  to the address listed in the request.
(e) Records required to be maintained and
				  made available to the department must include the following:
(1) the date of sale or conversion of the
				  motor vehicle;
(2) the
				  VIN;
(3) the name and address of
				  the person purchasing the motor vehicle;
(4) a copy of or a record with the
				  information contained in the manufacturer's certificate of origin or
				  title;
(5) information regarding
				  the prior status of the motor vehicle such as the Reacquired Vehicle Disclosure
				  Statement;
(6) the repair history
				  of any motor vehicle subject to a warranty complaint;
(7) technical service bulletin or equivalent
				  advisory; and
(8) any audit of a
				  franchised dealership.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.116 - Franchised Dealership Lease or Sublease Listing

Current through Reg. 49, No. 28; July 12, 2024
A franchised dealer that lists its dealership for lease or
					 sublease to mitigate damages in accordance with Occupations Code, §
										2301.4651(e)
					 is required to list:
(1) the entire
				  real property if the termination or discontinuance effectively terminates all
				  line-makes and all franchises for the entire dealership; or
(2) only that portion of the real property
				  associated with the terminated line-make or franchise, if the termination or
				  discontinuance does not affect all line-makes and all franchises of the
				  dealership.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.117 - Market Value Property Appraisal

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  appraiser performing a market value property appraisal in accordance with
				  Occupations Code, §2301.482(c) must be a Texas- certified real estate
				  appraiser.
(b) Necessary real
				  estate and necessary construction are each determined by the applicable
				  property use agreement.
(c) The
				  market value of property in accordance with Occupations Code, §
										2301.482(c),
				  is the average of the market value property appraisals of the three certified
				  real estate appraisers.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.118 - Determination of Affected County for Dealership Relocation

Current through Reg. 49, No. 28; July 12, 2024
The most recent population data reported by the federal
					 decennial census is used to identify an affected county defined by Occupations
					 Code, §
										2301.6521.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.119 - Standing to Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) A protesting
				  dealer has the burden to demonstrate standing to protest.
(b) Standing requirements are established by
				  the type of application.
(1) Protest of an
				  application to establish a dealership or to add a new line-make to an existing
				  dealership requires the protesting dealer to meet standing requirements under
				  Occupations Code, §
											2301.652;
(2) Protest of an application to relocate a
				  dealership requires the protesting dealer to meet standing requirements under
				  Occupations Code, §
											2301.652;
(3) Protest of an application to relocate a
				  dealership within an affected county or from an affected county to an adjacent
				  affected county requires the protesting dealer to meet standing requirements
				  under Occupations Code, §
											2301.6521;
(4) Protest of an application to relocate an
				  economically impaired dealership requires the protesting dealer to meet
				  standing requirements under Occupations Code, §
											2301.6522;
				  and
(5) Protest of an application
				  filed by a manufacturer, distributor, or representative for an extension of
				  time for ownership or control of a dealership requires the protesting dealer to
				  meet standing requirements under Occupations Code, §
											2301.476.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.120 - Standard License Plates

Current through Reg. 49, No. 28; July 12, 2024
(a) A manufacturer,
				  distributor, or converter may apply for a manufacturer or converter standard
				  license plate for use on a new unregistered vehicle of the same vehicle type
				  assembled or modified in accordance with Transportation Code §
										503.064 or §
										503.0618, as
				  applicable:
(1) when applying for a new or
				  renewal license, or
(2) by
				  submitting a standard license plate request application electronically in the
				  system designated by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.121 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The board or department may take the
				  following actions against a license applicant, a license holder, or a person
				  engaged in business for which a license is required:
(1) deny an application;
(2) revoke a license;
(3) suspend a license;
(4) assess a civil penalty;
(5) issue a cease and desist order;
				  or
(6) take other authorized
				  action.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.131 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements Transportation Code, Chapters
					 503 and 1001-1005, and Occupations Code, Chapter 2301, and applies to general
					 distinguishing numbers and drive-a-way operator in-transit licenses issued by
					 the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.132 - 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) Barrier--A
				  material object or set of objects that separates or demarcates.
(2) Consignment sale--The owner-authorized
				  sale of a motor vehicle by a person other than the owner.
(3) House trailer--A nonmotorized vehicle
				  designed for human habitation and for carrying persons and property on its own
				  structure and for being drawn by a motor vehicle. A house trailer does not
				  include manufactured housing. A towable recreational vehicle, as defined by
				  Occupations Code, §
										2301.002, is
				  included in the terms "house trailer" or "travel trailer."
(4) Municipality--As defined according to the
				  Local Government Code, Chapter 1.
(5) Person--Has the meaning assigned by
				  Occupations Code, §
										2301.002.
(6) Sale--With regard to a specific vehicle,
				  the transfer of possession of that vehicle to a purchaser for
				  consideration.
(7) Temporary tag--A
				  buyer's temporary tag, converter's temporary tag, or dealer's temporary tag as
				  described under Transportation Code, Chapter 503.
(8) Towable recreational vehicle--Has the
				  same meaning as "house trailer" defined by this section.
(9) Travel Trailer--Has the same meaning as
				  "house trailer" defined by this section.
(10) Vehicle--Has the meaning assigned by
				  Transportation Code, §
										503.001.
(11) VIN--Vehicle identification
				  number.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.135 - More than One Location

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer that
				  holds a GDN for a particular type of vehicle may operate from more than one
				  location within the limits of a municipality, provided each location is
				  operated by the same legal entity and meets the requirements of §
										215.140 of this title (relating to
				  Established and Permanent Place of Business Premises Requirements).
(b) Additional locations not located within
				  the limits of the same municipality of the initial dealership must:
(1) obtain a new GDN; and
(2) provide a new surety bond reflecting the
				  additional location unless the licensed location is exempt by statute from the
				  surety requirement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.137 - Surety Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) The surety bond
				  required by Transportation Code, §
										503.033 shall be
				  in the legal business name in which the dealer's GDN will be issued and shall
				  contain the complete physical address of each location licensed under the GDN
				  that the surety bond is intended to cover.
(b) A surety bond executed by an agent
				  representing a bonding company or surety must be supported by an original power
				  of attorney from the bonding company or surety.
(c) The identity of the obligee on a surety
				  bond or a rider to a surety bond must be approved by the department. An obligee
				  may be identified as:
(1) a person who
				  obtains a court judgment assessing damages and attorney's fees for an act or
				  omission on which the bond is conditioned; or
(2) unknown.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.138 - Use of Dealer's License Plates

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer's
				  standard or personalized prestige license plate must be attached to the rear of
				  a vehicle in accordance with §
										217.27 of this title (relating to
				  Vehicle Registration Insignia).
(b)
				  A copy of the receipt for a dealer's standard or personalized prestige license
				  plate issued by the department should be carried in the vehicle to present to
				  law enforcement personnel upon request.
(c) A dealer's standard or personalized
				  prestige license plate may not be displayed on:
(1) a laden commercial vehicle being operated
				  or moved on the public streets or highways; or
(2) the dealer's service or work vehicle,
				  except as provided by Transportation Code, §
											503.068(b-1).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.139 - Dealer's Standard License Plate Allocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The number of dealer's standard license
				  plates a dealer may order for business use is based on the type of license for
				  which the dealer applied and the number of vehicles the dealer sold during the
				  previous year.
(b) A new license
				  applicant is allotted a predetermined number of dealer's standard license
				  plates for the duration of the dealer's first license term.
(c) Unless otherwise qualified under this
				  section, the maximum number of dealer's standard license plates the department
				  will issue to a new license applicant during the applicant's first license term
				  is indicated in the following table.
Attached
					 Graphic
(d) A
				  dealer applying for a license is not subject to the initial allotment limits
				  described in this section and may rely on that dealer's existing allocation of
				  dealer's standard license plates if that dealer is:
(1) a franchised dealership subject to a
				  buy-sell agreement, regardless of a change in the entity or
				  ownership;
(2) any type of dealer
				  that is relocating and has been licensed by the department for a period of one
				  year or longer; or
(3) any type of
				  dealer that is changing its business entity type and has been licensed by the
				  department for a period of one year or longer.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.140 - Established and Permanent Place of Business Premises Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer must meet the following
				  requirements at each licensed location and maintain the requirements during the
				  term of the license. If multiple dealers are licensed at a location, each
				  dealer must maintain the following requirements during the entire term of the
				  license.
(1) Business hours for retail
				  dealers.
(A) A retail dealer's office must be
				  open at least four days per week for at least four consecutive hours per day
				  and may not be open solely by appointment.
(B) The retail dealer's business hours for
				  each day of the week must be posted at the main entrance of the retail dealer's
				  office in a manner and location that is accessible to the public. The owner or
				  a bona fide employee of the retail dealer shall be at the retail dealer's
				  licensed location during the posted business hours for the purposes of buying,
				  selling, exchanging, or leasing vehicles. If the owner or a bona fide employee
				  is not available to conduct business during the retail dealer's posted business
				  hours due to special circumstances or emergencies, a separate sign must be
				  posted indicating the date and time the retail dealer will resume operations.
				  Regardless of the retail dealer's business hours, the retail dealer's 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.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.141 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The board or department may take the
				  following actions against a license applicant, a license holder, or a person
				  engaged in business for which a license is required:
(1) deny an application;
(2) revoke a license;
(3) suspend a license;
(4) assess a civil penalty;
(5) issue a cease and desist order;
				  or
(6) or take other authorized
				  action.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.143 - Drive-a-way Operator In-Transit License Plates

Current through Reg. 49, No. 28; July 12, 2024
(a) A drive-a-way operator may apply for a
				  drive-a-way in-transit standard license plate:
(1) when applying for a new or renewal
				  in-transit license, or
(2) by
				  submitting a plate request application electronically in the system designated
				  by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.145 - Change of Dealer's Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer's
				  name change requires a new bond or a rider to the existing bond reflecting the
				  new name, unless the dealer is not otherwise required to purchase a
				  bond.
(b) A dealer shall notify the
				  department in writing within 10 days of a change of ownership by submitting a
				  license amendment application in the department-designated electronic licensing
				  system. A licensed dealer that proposes to sell or assign to another any
				  interest in the licensed entity, whether a corporation or otherwise, and
				  provided the physical location of the licensed entity remains the same, shall
				  notify the department in writing within 10 days of the change by filing an
				  application to amend the license in the department-designated electronic
				  licensing system. If the sale or assignment of any portion of the business
				  results in a change of entity, then the new entity must apply for and obtain a
				  new license. A publicly held corporation only needs to inform the department of
				  a change in ownership if one person or entity acquires a 10% or greater
				  interest in the licensed entity.
(c) Upon the death of a dealer operating as a
				  sole proprietor, either the surviving spouse of the deceased dealer or other
				  individual deemed qualified by the department shall submit to the department a
				  bond rider adding the name of the surviving spouse or other qualifying person
				  to the bond for the remainder of the bond and license term. The surviving
				  spouse or other qualifying person may continue operating under the current
				  dealer license until the end of the license term.
(d) For purposes of subsection (c) of this
				  section, the sole proprietor's surviving spouse may change the ownership of the
				  dealership at the time the license is renewed without applying for a new GDN.
				  At the time the renewal application is filed, the sole proprietor's surviving
				  spouse must submit to the department:
(1) an
				  application to amend the business entity;
(2) a copy of the sole proprietor's
				  certificate of death, naming the surviving spouse;
(3) the required ownership information;
				  and
(4) if applicable, a bond in
				  the name of the surviving spouse.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.147 - Export Sales

Current through Reg. 49, No. 28; July 12, 2024
(a) Before selling a
				  motor vehicle for export from the United States to another country, a dealer
				  must obtain a legible photocopy of the buyer's government-issued photo
				  identification document. The photo identification document must be issued by
				  the jurisdiction where the buyer resides and be:
(1) a passport;
(2) a driver license;
(3) a license to carry a handgun issued by
				  the Texas Department of Public Safety under Government Code, Chapter 411,
				  Subchapter H;
(4) a national
				  identification certificate or identity document; or
(5) other identification document containing
				  the:
(A) name of the issuing
				  jurisdiction;
(B) buyer's full
				  name;
(C) buyer's foreign
				  address;
(D) buyer's date of
				  birth;
(E) buyer's photograph;
				  and
(F) buyer's
				  signature.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.148 - Dealer Agents

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer shall
				  provide written authorization to each person with whom the dealer's agent or
				  employee will conduct business on behalf of the dealer, including to a person
				  that:
(1) buys and sells motor vehicles for
				  resale; or
(2) operates a licensed
				  auction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.149 - Sales of New Mobility Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Occupations Code, §
										2301.361, a
					 transaction occurs through or by a franchised dealer of the motor vehicle's
					 chassis line-make if the franchised dealer applies for title and registration
					 of a new mobility motor vehicle in the name of the purchaser. An independent
					 mobility motor vehicle dealer may prepare the documentation necessary for a
					 franchised dealer to comply with the requirements of Transportation Code,
					 §
										501.0234 in
					 connection with the sale of a new mobility motor vehicle.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.150 - Authorization to Issue Temporary Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  dealer that holds a GDN may issue a dealer's temporary tag, buyer's temporary
				  tag, or a preprinted Internet-down temporary tag for authorized purposes only
				  for each type of vehicle the dealer is licensed to sell or lease. A converter
				  that holds a converter's license under Occupations Code, Chapter 2301 may issue
				  a converter's temporary tag for authorized purposes only.
(b) A license holder may issue an applicable
				  dealer's temporary tag, buyer's temporary tag, or converter's temporary tag
				  until:
(1) the department denies access to
				  the temporary tag database under Transportation Code §
											503.0632(f)
				  and §224.58 of this title (relating to Denial of Dealer or Converter
				  Access to Temporary Tag System);
(2) the license holder issues the maximum
				  number of temporary tags authorized under Transportation Code §
											503.0632(a)-(d);
				  or
(3) the license is canceled,
				  revoked, or suspended.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.151 - Temporary Tags, General Use Requirements, and Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer, governmental agency, or
				  converter shall secure a temporary tag to a vehicle in the license plate
				  display area located at the rear of the vehicle, so that the entire temporary
				  tag is visible and legible at all times, including when the vehicle is being
				  operated.
(b) All printed
				  information on a temporary tag must be visible and may not be covered or
				  obstructed by any plate holder or other device or material.
(c) A motor vehicle that is being transported
				  in accordance with Transportation Code, §
										503.068(d)
				  or §
										503.0625, must
				  have a dealer's temporary tag, a converter's temporary tag, or a buyer's
				  temporary tag, whichever is applicable, affixed to the motor vehicle being
				  transported.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.152 - Obtaining Numbers for Issuance of Temporary Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer, a governmental agency, or a
				  converter is required to have internet access to connect to the temporary tag
				  databases maintained by the department.
(b) Except as provided by §
										215.157 of this title (relating to
				  Advance Numbers, Preprinted Internet-down Temporary Tags), before a temporary
				  tag may be issued and displayed on a vehicle, a dealer, a governmental agency,
				  or converter must:
(1) enter in the temporary
				  tag database true and accurate information about the vehicle, dealer,
				  converter, or buyer, as appropriate; and
(2) obtain a specific number for the
				  temporary tag.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.153 - Specifications for All Temporary Tags

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Information printed or completed on a temporary tag must be in black ink on a
				  white background. Other than for a motorcycle, a completed buyer's, dealer's,
				  converter's, or preprinted Internet-down temporary tag shall be six inches high
				  and at least eleven inches wide. For a motorcycle, the completed buyer's,
				  dealer's, converter's, or preprinted Internet-down temporary tag shall be four
				  inches high and at least seven inches wide.
(b) A temporary tag must be:
(1) composed of plastic or other durable,
				  weather-resistant material; or
(2)
				  sealed in a two mil clear poly bag that encloses the entire temporary
				  tag.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.154 - Dealer's Temporary Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer's
				  temporary tag may be displayed only on the type of vehicle for which the GDN is
				  issued and for which the dealer is licensed by the department to sell or
				  lease.
(b) A wholesale motor
				  vehicle auction license holder that also holds a dealer GDN may display a
				  dealer's temporary tag on a vehicle that is being transported to or from the
				  licensed auction location.
(c) When
				  an unregistered vehicle is sold to another dealer, the selling dealer shall
				  remove the selling dealer's temporary tag. The purchasing dealer may display
				  its dealer's temporary tag or its dealer's standard or personalized prestige
				  license plate on the vehicle.
(d) A
				  dealer's temporary tag:
(1) may be displayed
				  on a vehicle only as authorized in Transportation Code, §
											503.062;
				  and
(2) may not be displayed on:
(A) a laden commercial vehicle being operated
				  or moved on the public streets or highways;
(B) on the dealer's service or work vehicles
				  as described in §
												215.138(d) of
				  this chapter (relating to Use of Dealer's License Plates);
(C) a golf cart as defined under
				  Transportation Code, Chapter 551; or
(D) an off-highway vehicle as defined under
				  Transportation Code, Chapter 551A.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.155 - Buyer's Temporary Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) A buyer's
				  temporary tag may be displayed only on a vehicle:
(1) from the selling dealer's inventory;
				  and
(2) that can be legally
				  operated on the public streets and highways; and
(3) for which a sale or lease has been
				  consummated; and
(4) that has a
				  valid inspection in accordance with Transportation Code Chapter 548, unless:
(A) an inspection is not required under
				  Transportation Code §
												503.063(i) or
				  (j); or
(B) the vehicle is exempt from inspection
				  under Chapter 548.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.156 - Buyer's Temporary Tag Receipt

Current through Reg. 49, No. 28; July 12, 2024
A dealer, or federal, state, or local government agency,
					 must provide a buyer's temporary tag receipt to the buyer of each vehicle for
					 which a buyer's temporary tag is issued, regardless of whether the buyer's
					 temporary tag is issued using the temporary tag database or if the tag is a
					 preprinted Internet-down temporary tag. The dealer, or federal, state, or local
					 governmental agency, may print the image of the buyer's temporary tag receipt
					 issued from the temporary tag database or create the form using the same
					 information. The dealer, or federal, state, or local governmental agency, shall
					 instruct the buyer to keep a copy of the buyer's temporary tag receipt in the
					 vehicle until the vehicle is registered in the buyer's name and until metal
					 plates are affixed to the vehicle. The buyer's temporary tag receipt must
					 include the following information:
(1)
				  the issue date of the buyer's temporary tag;
(2) the year, make, model, body style, color,
				  and VIN of the vehicle sold;
(3)
				  the vehicle-specific temporary tag number;
(4) the expiration date of the temporary
				  tag;
(5) the date of the
				  sale;
(6) the name of the issuing
				  dealer and the dealer's license number or the name of the issuing federal,
				  state, or local governmental agency; and
(7) the buyer's name and mailing
				  address.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.157 - Advance Numbers, Preprinted Internet-down Temporary Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Transportation Code,
				  §
										503.0631(d),
				  a dealer, or a federal, state, or local government agency, may obtain an
				  advance supply of preprinted Internet-down temporary tags with specific numbers
				  and buyer's temporary tag receipts to issue in lieu of buyer's temporary tags
				  if the dealer is unable to access the internet.
(b) If a dealer, or a federal, state, or
				  local government agency, is unable to access the internet at the time of a
				  sale, the dealer, or a federal, state, or local government agency, must
				  complete the preprinted Internet-down temporary buyer's tag and buyer's
				  temporary tag receipt by providing details of the sale, signing the buyer's
				  temporary tag receipt, and retaining a copy. The dealer, or a federal, state,
				  or local government agency, must enter the required information regarding the
				  sale in the temporary tag database not later than the close of the next
				  business day that the dealer has access to the internet. The buyer's temporary
				  tag receipt must include a statement that the dealer, or a federal, state, or
				  local government agency, has internet access but, at the time of the sale, the
				  dealer, or a federal, state, or local government agency, was unable to access
				  the internet or the temporary tag database.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.158 - General Requirements and Allocation of Preprinted Internet-down Temporary Tag Numbers

Current through Reg. 49, No. 28; July 12, 2024
(a) The dealer, or
				  a federal, state, or local governmental agency, is responsible for the
				  safekeeping of preprinted Internet-down temporary tags and shall store them in
				  a secure place, and promptly destroy any expired tags. The dealer, or a
				  federal, state, or local governmental agency shall report any loss, theft, or
				  destruction of preprinted Internet-down temporary tags to the department within
				  24 hours of discovering the loss, theft, or destruction.
(b) A dealer, or a federal, state, or local
				  governmental agency, may use a preprinted Internet-down temporary tag up to 12
				  months after the date the preprinted Internet-down temporary tag is created. A
				  dealer, or a federal, state, or local governmental agency, may create
				  replacement preprinted Internet-down temporary tags up to the maximum allowed,
				  when:
(1) a dealer, or a federal, state, or
				  local governmental agency, uses one or more preprinted Internet-down temporary
				  tags and then enters the required information in the temporary tag database
				  after access to the temporary tag database is again available; or
(2) a preprinted Internet-down temporary tag
				  expires.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.159 - Converter's Temporary Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  converter's temporary tag may be displayed only on the type of vehicle that the
				  converter is engaged in the business of assembling or modifying.
(b) A converter's temporary tag must show its
				  expiration date, which may not be more than 60 days after the date of its
				  issuance.
(c) A converter that
				  issues a converter's temporary tag to a specific vehicle shall ensure that the
				  following information is placed on the converter's temporary tag:
(1) the vehicle-specific number from the
				  temporary tag database;
(2) the
				  year and make of the vehicle;
(3)
				  the VIN of the vehicle;
(4) the
				  month, day, and year of expiration of the converter's temporary tag;
				  and
(5) the name of the
				  converter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.160 - Duty to Identify Motor Vehicles Offered for Sale as Rebuilt

Current through Reg. 49, No. 28; July 12, 2024
(a) For each motor vehicle a dealer displays
				  or offers for retail sale and which the dealer knows has been a salvage motor
				  vehicle as defined by Transportation Code, §501.091(15) and has
				  subsequently been titled under Transportation Code, §501.100, a dealer
				  shall disclose in writing that the motor vehicle has been repaired, rebuilt, or
				  reconstructed. The written disclosure must:
(1) be visible from outside of the motor
				  vehicle; and
(2) contain lettering
				  that is reasonable in size, stating as follows: "This motor vehicle has been
				  repaired, rebuilt or, reconstructed after formerly being titled as a salvage
				  motor vehicle."
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter D - GENERAL DISTINGUISHING NUMBERS AND IN-TRANSIT LICENSES › Section 215.161 - Licensing Education Course Provider Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A motor vehicle dealer licensing
				  education course provider must be a Texas institution of higher education, as
				  defined by Education Code, §
										61.003, or a motor
				  vehicle trade association domiciled in this state.
(b) The licensing education course must be
				  approved by the department and must include information on the laws and rules
				  applicable to motor vehicle dealers and the consequences of violating those
				  laws and rules.
(c) The licensing
				  education course must consist of at least 6 hours of online instruction for new
				  applicants and 3 hours of online instruction for renewal applicants.
(d) The cost for the licensing education
				  course must not exceed $150 per person. A trade association course provider may
				  not charge a different rate to a nonmember.
(e) The course provider must issue a
				  certificate of completion to each person who successfully completes the
				  licensing education course.
(f) The
				  dealer training provided by the department is not an approved licensing
				  education course under this section.