SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 57.001 - Short Title
This chapter may be cited as the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act. Added by Acts 2011, 82nd Leg., R.S., Ch....
- Texas Section 57.002 - Definitions
In this chapter: (1) "Current net parts cost" means an amount equal to the current net parts price of a repair part, less any trade...
SUBCHAPTER B PROVISIONS REGARDING DEALER AGREEMENT OR DEALERSHIP
- Texas Section 57.003 - Waiver Of Chapter Void
An attempted waiver of a provision of this chapter or of the application of this chapter is void. Added by Acts 2011, 82nd Leg., R.S.,...
- Texas Section 57.051 - Certain Provisions Void
The following provisions contained in a dealer agreement are void: (1) any provision that purports to elect the application of a law of another state...
- Texas Section 57.052 - Change In Ownership Or Financial Structure
A supplier may not prevent, by contract or otherwise, a dealer from changing its capital structure or the means by or through which the dealer...
SUBCHAPTER C SALE, TRANSFER, OR OWNERSHIP OF DEALERSHIP
- Texas Section 57.053 - Release Of Liability Prohibited
A supplier may not require a dealer to assent to a release, assignment, novation, waiver, or estoppel that would release any person from liability imposed...
- Texas Section 57.101 - Transfer Of Interest In Dealership By Succession; Single-line Dealer Agreements
(a) This section applies only to single-line dealer agreements. (b) If a dealer dies, a supplier has 90 days in which to consider and make...
- Texas Section 57.102 - Approval Of Sale Or Transfer Of Business At Dealer's Request
(a) This section applies only to a dealer agreement that is not a single-line dealer agreement. (b) If a supplier has contractual authority to approve...
SUBCHAPTER D TERMINATION OF AGREEMENTS OTHER THAN SINGLE-LINE DEALER AGREEMENTS
- Texas Section 57.103 - Approval Of Sale Or Transfer Of Business At Request Of Personal Representative
(a) This section applies only to a dealer agreement that is not a single-line dealer agreement. (b) If a dealer dies and the supplier has...
- Texas Section 57.151 - Applicability Of Subchapter
This subchapter applies only to a dealer agreement that is not a single-line dealer agreement. Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B....
- Texas Section 57.152 - Termination By Dealer; Written Notice
A dealer must give the supplier at least 30 days' prior written notice of termination. Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B....
- Texas Section 57.153 - Termination By Supplier; Good Cause Required
A supplier may not terminate a dealer agreement without good cause. Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff....
- Texas Section 57.154 - Good Cause Determination
(a) Except as specifically provided otherwise by this chapter, good cause for termination of a dealer agreement exists for purposes of this subchapter if: (1)...
SUBCHAPTER E TERMINATION OF SINGLE-LINE DEALER AGREEMENTS
- Texas Section 57.155 - Notice Of Termination; Correction Of Deficiency
(a) Except as otherwise provided by this section, a supplier must provide a dealer written notice of termination of a dealer agreement at least 180...
- Texas Section 57.201 - Applicability Of Subchapter
This subchapter applies only to a single-line dealer agreement. Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1,
- Texas Section 57.202 - Termination By Supplier; Good Cause Required
No supplier may terminate a dealer agreement without good cause. Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September...
- Texas Section 57.203 - Good Cause Determination
(a) For purposes of this subchapter, "good cause" means failure by a dealer to comply with requirements imposed on the dealer by the dealer agreement...
- Texas Section 57.204 - Notice Of Termination; Correction Of Deficiency
(a) Except as provided by Subsection (b) and Section 57.205, a supplier shall provide a dealer with at least 90 days' written notice of termination....
SUBCHAPTER F WARRANTY CLAIMS
- Texas Section 57.205 - Notice Of Termination Not Required Under Certain Circumstances
The notice and right to cure provisions under Section 57.204 do not apply if the reason for termination is contained in Sections 57.203(b)(1)-(7). Added by...
- Texas Section 57.251 - Definition Of Terminate And Termination
For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement. Added by Acts...
- Texas Section 57.252 - Applicability Of Subchapter; Conflict With Subchapter
(a) Sections 57.253, 57.254, and 57.255 apply to a warranty claim submitted by a dealer who has complied with the supplier's reasonable policies and procedures...
- Texas Section 57.253 - Warranty Claim
(a) This section applies to a warranty claim submitted by a dealer to the supplier: (1) while the dealer agreement is in effect; or (2)...
- Texas Section 57.254 - Resubmission Of Warranty Claim
If a warranty claim was rejected on the ground that the dealer failed to properly follow the procedural or technical requirements for submission of a...
- Texas Section 57.255 - Payment Of Warranty Claim
Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed...
- Texas Section 57.256 - Warranty Claim For Certain Repair Work Or Installation Of Replacement Parts
Any repair work or installation of replacement parts performed with respect to inventory equipment of a dealer or with respect to equipment of a dealer's...
- Texas Section 57.257 - Audit Of Warranty Claims
(a) Except as provided by Subsection (b), a supplier may audit a warranty claim submitted by a dealer until the first anniversary of the date...
SUBCHAPTER G DELIVERY, SALE, AND RETURN OF EQUIPMENT
- Texas Section 57.258 - Alternate Reimbursement Terms Enforceable
(a) Sections 57.253, 57.254, and 57.255 do not apply if the terms of a written dealer agreement between the parties require the supplier to compensate...
- Texas Section 57.301 - Coerced Orders, Deliveries, Or Refusals To Purchase
(a) A supplier may not coerce, compel, or require a dealer to accept delivery of equipment or a repair part that has not been voluntarily...
- Texas Section 57.302 - Conditional Purchases Of Goods And Services
(a) A supplier may not condition the sale of equipment, repair parts, or goods or services to a dealer on the purchase of other goods...
- Texas Section 57.303 - Equipment Represented As Available For Immediate Delivery
A supplier may not refuse to deliver, in reasonable quantities and within a reasonable time after receipt of a dealer's order, to any dealer having...
- Texas Section 57.304 - Discrimination In Orders
A supplier may not discriminate, directly or indirectly, in filling an order placed by a dealer for retail sale or lease of new equipment under...
SUBCHAPTER H REPURCHASE OR OTHER OBLIGATIONS FOLLOWING CANCELLATION OR NONRENEWAL OF AGREEMENT
- Texas Section 57.305 - Discrimination In Prices Of New Equipment
(a) Except as provided by Subsection (b), a supplier may not discriminate, directly or indirectly, in the price among different dealers with respect to a...
- Texas Section 57.351 - Definition Of Terminate And Termination
For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement. Added by Acts...
- Texas Section 57.352 - Applicability Of Subchapter To Several Business Locations Covered By Same Agreement
If a dealer has more than one of its business locations covered by the same dealer agreement, this subchapter applies to the repurchase of the...
- Texas Section 57.353 - Payments Or Credits
(a) When a supplier or dealer terminates or otherwise discontinues the dealer agreement entered into between the two parties, the supplier shall pay to the...
- Texas Section 57.354 - Late Payment Or Credit
(a) All payments or allowances of credit due to a dealer shall be paid or credited within 90 days after receipt by the supplier of...
- Texas Section 57.355 - Liability
(a) A supplier who refuses to repurchase any inventory covered under this chapter after termination or discontinuation of the dealer agreement is liable to the...
- Texas Section 57.356 - Construction Of Subchapter; Creditor's Claims
This subchapter may not be construed to affect any security interest the supplier may have in the inventory of the dealer, and any repurchase of...
- Texas Section 57.357 - Agreement Terminated By Dealer; Inapplicability Of Subchapter To Certain Specialty Suppliers
(a) This subchapter does not apply to a specialty agricultural equipment supplier if the dealer terminates the dealer agreement without good reason. A dealer has...
SUBCHAPTER I ACTIONS AND REMEDIES
- Texas Section 57.358 - Exceptions
(a) A supplier is not required to repurchase from a dealer: (1) a repair part that, except as provided by Subsection (b), is in a...
- Texas Section 57.401 - Civil Action; Injunctive Relief
(a) If a supplier violates any provision of this chapter, a dealer may bring an action against the supplier in a court of competent jurisdiction...
- Texas Section 57.402 - Choice Of Remedies
The provisions of this chapter are supplemental to any dealer agreement between the dealer and the supplier that provides the dealer with greater protection. A...