Sec. 2301.652. DENIAL OF LICENSE APPLICATION: DEALERSHIP. (a) The board may deny an application for a license to establish a dealership if, following a protest, the applicant fails to establish good cause for establishing the dealership. In determining good cause, the board shall consider:
(1) whether the manufacturer or distributor of the same line-make of new motor vehicle is being adequately represented as to sales and service;
(2) whether the protesting franchised dealer representing the same line-make of new motor vehicle is in substantial compliance with the dealer's franchise, to the extent that the franchise is not in conflict with this chapter;
(3) the desirability of a competitive marketplace;
(4) any harm to the protesting franchised dealer;
(5) the public interest;
(6) any harm to the applicant; and
(7) current and reasonably foreseeable projections of economic conditions, financial expectations, and the market for new motor vehicles in the relevant market area.
(b) Except as provided by Subsection (c) and Sections 2301.6521 and 2301.6522, a person has standing under this section to protest an application to establish or relocate a dealership if the person filing the protest is a franchised dealer of the same line-make whose dealership is located:
(1) in the county in which the proposed dealership is to be located; or
(2) within a 15-mile radius of the proposed dealership.
(c) A franchised dealer may not protest an application to relocate a dealership under this section if the proposed relocation site is not:
(1) more than two miles from the site where the dealership is currently located; or
(2) closer to the franchised dealer than the site from which the dealership is being relocated.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 9, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 13, eff. September 1, 2011.
Section: Previous 2301.608 2301.609 2301.610 2301.611 2301.612 2301.613 2301.651 2301.652 2301.6521 2301.6522 2301.653 2301.654 2301.701 2301.702 2301.7025 NextLast modified: September 28, 2016