Sec. 2301.606. CONDUCT OF PROCEEDINGS. (a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013, and Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014.
(b) In a hearing under this subchapter, a manufacturer, converter, or distributor may plead and prove as an affirmative defense to a remedy under this subchapter that a nonconformity:
(1) is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle; or
(2) does not substantially impair the use or market value of the motor vehicle.
Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 19
(c) The board or a person delegated power from the board under Section 2301.154 may not issue an order requiring a manufacturer, converter, or distributor to make a refund or to replace a motor vehicle unless:
(1) the owner or a person on behalf of the owner has mailed written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor; and
(2) the manufacturer, converter, or distributor has been given an opportunity to cure the alleged defect or nonconformity.
Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 3
(c) An order issued under this subchapter may not require a manufacturer, converter, or distributor to make a refund or to replace a motor vehicle unless:
(1) the owner or a person on behalf of the owner has mailed written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor; and
(2) the manufacturer, converter, or distributor has been given an opportunity to cure the alleged defect or nonconformity.
(d) A proceeding under this subchapter must be commenced not later than six months after the earliest of:
(1) the expiration date of the express warranty term; or
(2) the dates on which 24 months or 24,000 miles have passed since the date of original delivery of the motor vehicle to an owner.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 19, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 3, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014.
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