Texas Occupations Code Title 14, Chapter 2306 - Vehicle Protection Product Warrantors

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2306.001 - Short Title
  This chapter may be cited as the Vehicle Protection Product Regulatory Act. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.629(a), eff. Sept. 1,
• Texas Section 2306.002 - Definitions
  In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Consumer" means a person in this state who purchases or otherwise...
• Texas Section 2306.003 - Applicability Of Chapter
  (a) This chapter applies only to a vehicle protection product under which, after installation or application of the vehicle protection product, if loss or damage...
• Texas Section 2306.004 - Exemptions From Certain Other Laws
  Marketing, selling, offering for sale, issuing, making, proposing to make, and administering a vehicle protection product are exempt from: (1) Chapter 1304; (2) the Insurance...
• Texas Section 2306.005 - Exemptions From Chapter
  The following contracts and agreements are exempt from this chapter and are only subject to any other statute or law that specifically applies to them:...

SUBCHAPTER B ADMINISTRATIVE PROVISIONS

• Texas Section 2306.006 - Applicability Of Other Law
  Section 51.405 does not apply to this chapter. Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.010(a), eff. September 1, 2005.
• Texas Section 2306.051 - Powers And Duties Of Executive Director
  (a) The commission may adopt rules as necessary to implement this chapter. (b) The executive director may conduct investigations of warrantors or other persons as...

SUBCHAPTER C ADVISORY BOARD

• Texas Section 2306.052 - Fees
  (a) The department shall develop a tiered fee structure under which registration fees are assessed on warrantors based on the number of vehicle protection products...
• Texas Section 2306.101 - Advisory Board
  (a) The Vehicle Protection Product Warrantor Advisory Board is an advisory body to the commission. (b) The advisory board consists of six members appointed by...
• Texas Section 2306.102 - Advisory Board Duties
  The advisory board shall advise the commission on adopting rules, enforcing and administering this chapter, and setting fees. Added by Acts 2003, 78th Leg., ch....
• Texas Section 2306.103 - Terms; Vacancy
  (a) Members of the advisory board serve staggered six-year terms, with the terms of two members expiring on February 1 of each odd-numbered year. (b)...
• Texas Section 2306.104 - Presiding Officer
  The presiding officer of the commission, with the commission's approval, shall designate one member of the advisory board to serve as presiding officer of the...
• Texas Section 2306.105 - Meetings
  (a) The advisory board shall meet at least every six months and may meet at other times at the call of the presiding officer of...
• Texas Section 2306.106 - Vote Required For Action
  A decision of the advisory board is not effective unless it receives the affirmative vote of at least four members. Added by Acts 2003, 78th...

SUBCHAPTER D REGISTRATION

• Texas Section 2306.107 - Compensation; Reimbursement
  (a) Advisory board members serve without compensation. (b) A member of the advisory board appointed under Section 2306.101(b)(3) is entitled to reimbursement for actual and...
• Texas Section 2306.151 - Registration Required
  (a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered...
• Texas Section 2306.152 - Application
  Each applicant for registration must file an application on a form prescribed by the department that includes evidence satisfactory to the department of compliance with...
• Texas Section 2306.153 - Registration Fee
  Each registered warrantor must pay an annual registration fee as set by the commission to cover the costs of administering this chapter. Added by Acts...

SUBCHAPTER E PRACTICE BY WARRANTOR

• Texas Section 2306.154 - Renewal Of Registration
  The commission shall adopt rules providing for the renewal of a warrantor's registration. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.629(a), eff. Sept....
• Texas Section 2306.201 - General Warrantor Operation Requirements
  (a) A warrantor may appoint a designee to be responsible for any or all of the administration of vehicle protection products and for compliance with...
• Texas Section 2306.202 - Financial Security Requirements
  (a) To ensure the adequate performance of a warrantor's obligations to a consumer, each warrantor must comply with financial security requirements by: (1) insuring its...
• Texas Section 2306.2025 - Financial Security Requirements; Valet Parking Services
  (a) In this section, "valet parking service" has the meaning assigned by Section 686.001(3), Transportation Code. (b) A valet parking service must abide by the...
• Texas Section 2306.203 - Reimbursement Insurance Policy
  (a) In order for a warrantor to comply with Section 2306.202(a)(1), the warrantor's insurance policy must state that: (1) the insurer that issued the policy...
• Texas Section 2306.204 - Warrantor Records
  (a) Each warrantor shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter. The warrantor's records must include: (1) a copy...
• Texas Section 2306.205 - Form Of Vehicle Protection Product Warranty And Required Disclosures
  (a) Each Vehicle Protection product warranty marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state must be written,...
• Texas Section 2306.206 - Cancellation Of Warranty
  (a) Each vehicle protection product warranty must state the terms, restrictions, or conditions, if any, governing cancellation of the warranty by the warrantor before the...
• Texas Section 2306.207 - Limitations On Warrantor's Name
  (a) A warrantor may not use a name that: (1) includes "casualty," "surety," "insurance," or "mutual" or any other word descriptive of the casualty, insurance,...

SUBCHAPTER F ENFORCEMENT AND PENALTY PROVISIONS

• Texas Section 2306.208 - Prohibited Acts
  (a) A warrantor or a warrantor's representative may not, in the warrantor's vehicle protection product warranty or in an advertisement or literature for the warranty:...
• Texas Section 2306.252 - Injunction
  The executive director may bring an action against a warrantor for injunctive relief under Section 51.352 for a threatened or existing violation of this chapter...
• Texas Section 2306.253 - Civil Penalty
  (a) In addition to injunctive relief under Section 2306.252, the executive director may bring an action against a warrantor for a civil penalty as provided...
• Texas Section 2306.254 - Violations Of A Similar Nature
  For purposes of Section 2306.253, violations are of a similar nature if the violations consist of the same or a similar course of conduct, action,...

Last modified: September 28, 2016