SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 2301.001 - Construction; Purpose
The distribution and sale of motor vehicles in this state vitally affects the general economy of the state and the public interest and welfare of...
- Texas Section 2301.002 - Definitions
In this chapter: (1) "Ambulance" means a vehicle that is used exclusively to transport or to provide emergency medical care to an injured or ill...
- Texas Section 2301.003 - Effect On Agreements
(a) The terms and conditions of a franchise are subject to this chapter. (b) An agreement to waive the terms of this chapter is void...
- Texas Section 2301.004 - Chapter Exclusive
Unless otherwise specifically provided by law not in conflict with this chapter, all aspects of the distribution and sale of motor vehicles are governed exclusively...
- Texas Section 2301.005 - Title Changes
(a) A reference in law, including a rule, to the Texas Motor Vehicle Commission or to the board means the board of the Texas Department...
- Texas Section 2301.006 - Brokers Prohibited
A person may not act as, offer to act as, or claim to be a broker. Added by Acts 2001, 77th Leg., ch. 1421, Sec....
SUBCHAPTER C DIVISION PERSONNEL
- Texas Section 2301.007 - Towing Vehicle By License Holder
Notwithstanding any other law, a person licensed under this chapter does not commit an offense by employing a person to tow a disabled vehicle to...
- Texas Section 2301.103 - Personnel
A division employee is subject to dismissal if the employee has an interest in or is related within the first degree by consanguinity or affinity,...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 2301.104 - Hearings Examiners
(a) The department may employ a chief hearings examiner and one or more additional hearings examiners. (b) A hearings examiner must be licensed to practice...
- Texas Section 2301.151 - General Jurisdiction Of Board
(a) The board has the exclusive original jurisdiction to regulate those aspects of the distribution, sale, or lease of motor vehicles that are governed by...
- Texas Section 2301.152 - General Duties Of Board
(a) In accordance with this chapter, the board shall: (1) administer this chapter; (2) establish the qualifications of license holders; (3) ensure that the distribution,...
- Texas Section 2301.153 - General Powers Of Board
(a) Notwithstanding any other provision of law, the board has all powers necessary, incidental, or convenient to perform a power or duty expressly granted under...
- Texas Section 2301.154 - Delegation Of Powers
(a) The director may delegate any of the director's powers to one or more of the division's employees. (b) The board by rule may delegate...
- Texas Section 2301.155 - Rules
The authority to adopt rules under this chapter is vested in the board. In accordance with this chapter and the rules, decisions, and orders of...
- Texas Section 2301.156 - Deposit Of Revenue
Notwithstanding any other law to the contrary, all money collected by the board under this chapter shall be deposited in the state treasury to the...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 2301.160 - Tolling Of Time Limit During Mediation
A time limit relating to a board proceeding that is imposed by this chapter on the board or on a dealer is tolled during the...
- Texas Section 2301.201 - Public Interest Information
(a) The director or the director's designee shall prepare information describing the functions of the board and the procedures by which complaints or protests are...
- Texas Section 2301.202 - Complaints; Records
(a) The board shall provide to a person who files a complaint, and to each person that is the subject of the complaint, information about...
- Texas Section 2301.203 - Complaint Investigation And Disposition
(a) If the board has reason to believe, through receipt of a complaint or otherwise, that a violation of this chapter or a rule, order,...
- Texas Section 2301.204 - Complaint Concerning Vehicle Defect
(a) The owner of a motor vehicle or the owner's designated agent may make a complaint concerning a defect in a motor vehicle that is...
SUBCHAPTER F LICENSE REQUIREMENTS
- Texas Section 2301.205 - Notice Of Complaint Procedure
(a) A franchised dealer shall provide notice of the complaint procedures provided by Section 2301.204 and Subchapter M to each person to whom the dealer...
- Texas Section 2301.251 - License Required: Generally
(a) Unless a person holds a license issued under this chapter authorizing the activity, the person may not: (1) engage in business as, serve in...
- Texas Section 2301.252 - License Required: Sale Of New Motor Vehicles
(a) A person may not engage in the business of buying, selling, or exchanging new motor vehicles unless the person: (1) holds a franchised dealer's...
- Texas Section 2301.253 - License Required: Vehicle Lease Facilitators
Unless a person holds a vehicle lease facilitator license and complies with this chapter, the person may not: (1) act in the capacity of or...
- Texas Section 2301.254 - License Not Required For Certain Vehicle Lessors Or Vehicle Lease Facilitators
(a) A person is not required to obtain a license to act as a vehicle lessor or a vehicle lease facilitator if the person is:...
- Texas Section 2301.255 - Nonfranchised Dealers; General Distinguishing Number
(a) A nonfranchised dealer may not operate as a dealer unless the person holds a general distinguishing number. A nonfranchised dealer is not required to...
- Texas Section 2301.256 - Review Of New Applications
A new application for a license under this chapter shall be reviewed and may be investigated to determine compliance with this chapter. Added by Acts...
- Texas Section 2301.257 - Application For Dealer's License
(a) An application for a dealer's license must be on a form prescribed by the department. The application must include: (1) the information required by...
- Texas Section 2301.2575 - Request For Dealer's License Application Confidential
Notwithstanding any other law or rule, a request for an application for a dealer's license is confidential, is not an open record, and is not...
- Texas Section 2301.258 - General Requirements For Application For Manufacturer's, Distributor's, Converter's, Or Representative's License
An application for a manufacturer's, distributor's, converter's, or representative's license must be on a form prescribed by the department. The application must include information the...
- Texas Section 2301.259 - Application For Manufacturer's License
(a) An applicant for a manufacturer's license must provide a list of each distributor or representative acting for the applicant and each dealer franchised to...
- Texas Section 2301.260 - Application For Distributor's License
(a) An application for a distributor's license must disclose: (1) the manufacturer for whom the distributor will act; (2) whether the manufacturer is licensed in...
- Texas Section 2301.261 - Application For Vehicle Lessor's License
(a) An application for a vehicle lessor's license must: (1) be on a form prescribed by the department; (2) contain evidence of compliance with Chapter...
- Texas Section 2301.262 - Application For Vehicle Lease Facilitator License
(a) An application for a vehicle lease facilitator license must be on a form prescribed by the department and contain the information required by the...
- Texas Section 2301.263 - License Issued Subject To New Law And Rules
A license issued under this chapter is subject to each provision of this chapter and board rule in effect on the date the license is...
- Texas Section 2301.264 - License Fees
(a) The annual fees for a license issued under this chapter are: (1) $900 for a manufacturer or distributor, plus $20 for each dealer franchised...
- Texas Section 2301.265 - Service Of Process On License Holder
Obtaining a license under this chapter constitutes doing business in this state. A license holder who fails to designate an agent for service of process...
SUBCHAPTER G LICENSE EXPIRATION AND RENEWAL
- Texas Section 2301.266 - Duplicate License
The board may: (1) issue a duplicate license for any license the board issues; (2) charge a fee for the issuance of a duplicate license;...
- Texas Section 2301.301 - License Term And Renewal
(a) Licenses issued under this chapter are valid for the period prescribed by the board. (b) The department may issue a license for a term...
- Texas Section 2301.302 - Notice Of License Expiration
The department shall notify each person licensed under this chapter of the date of license expiration and the amount of the fee required for license...
- Texas Section 2301.303 - Renewal Of Dealer's License
A dealer shall renew the dealer's license on an application prescribed by the department. The department shall include in the renewal application a request for...
SUBCHAPTER H DEALERS
- Texas Section 2301.304 - Procedure For Renewal Of Certain Licenses
The holder of a manufacturer's, distributor's, converter's, or representative's license may apply for a renewal of the license by complying with the application process specified...
- Texas Section 2301.351 - General Prohibition
A dealer may not: (1) violate a board rule; (2) aid or abet a person who violates this chapter, Chapter 503, Transportation Code, or a...
- Texas Section 2301.352 - Prohibition: Requiring Additional Equipment After Retail Sale
A franchised dealer may not require as a condition of the sale and delivery of a new motor vehicle a retail purchaser of the vehicle...
- Texas Section 2301.353 - Prohibition: Performance Of Obligation Under Agreement With Manufacturer
A franchised dealer may not fail to perform an obligation placed on: (1) the selling dealer in connection with the preparation and delivery of a...
- Texas Section 2301.354 - Use Of Signs
(a) A franchised dealer may not operate without appropriate signs that: (1) are readily and easily visible to the public; and (2) identify the dealer's...
- Texas Section 2301.355 - Use Of Multiple Locations
(a) A franchised dealer may conduct business at more than one location, except that the dealer may establish and maintain a separate location for the...
- Texas Section 2301.356 - Notice Of Certain Proposed Changes
A licensed dealer shall promptly notify the board of any proposed change in its ownership, location, franchise, or any other matter the board by rule...
- Texas Section 2301.357 - Prohibited Fee
(a) A franchised dealer may not directly or indirectly pay a fee to a vehicle lessor or a vehicle lease facilitator. (b) For purposes of...
- Texas Section 2301.358 - Vehicle Show Or Exhibition
(a) A person who holds a license issued under this chapter may not participate in a new motor vehicle show or exhibition unless: (1) the...
- Texas Section 2301.359 - Transfer Of Ownership By Dealer
(a) A dealer must notify the manufacturer or distributor of a vehicle the dealer is franchised to sell of the dealer's decision to assign, sell,...
- Texas Section 2301.360 - Review By Board Following Denial Of Transfer
(a) A dealer whose application is rejected under Section 2301.359 may file a protest with the board. A protest filed under this section is a...
- Texas Section 2301.361 - Independent Mobility Motor Vehicle Dealer
(a) Notwithstanding any other law or rule, an independent mobility motor vehicle dealer may: (1) purchase or otherwise acquire a new motor vehicle with a...
- Texas Section 2301.362 - Offsite Sales
(a) Except as provided by Subsections (b) and (c) and Sections 2301.358(c) and (d), a dealer may only sell or offer to sell a motor...
SUBCHAPTER I WARRANTIES: REIMBURSEMENT OF DEALER
- Texas Section 2301.363 - Required Notice
A dealer that sells or exchanges a motor home or a towable recreational vehicle subject to inspection under Chapter 548, Transportation Code, shall notify the...
- Texas Section 2301.401 - Warranty, Preparation, And Delivery Requirements
(a) On request, a manufacturer or distributor shall provide to the department a copy of the current requirements the manufacturer or distributor imposes on its...
- Texas Section 2301.402 - Rate Of Compensation
(a) A manufacturer or distributor shall fairly and adequately compensate its dealers for warranty work. (b) A manufacturer or distributor may not pay or reimburse...
- Texas Section 2301.403 - Adjustment Of Warranty Labor Rate
(a) A dealer may request an adjustment in the dealer's warranty labor rate. The request must be sent to the manufacturer or distributor by certified...
- Texas Section 2301.404 - Time For Payment
(a) A manufacturer or distributor shall pay a dealer's claim for reimbursement for warranty work or dealer preparation and delivery work not later than the...
- Texas Section 2301.405 - Charge Back To Dealer
(a) A manufacturer or distributor may not charge back to a dealer money paid by the manufacturer or distributor to satisfy a claim approved and...
SUBCHAPTER J MANUFACTURERS, DISTRIBUTORS, AND REPRESENTATIVES
- Texas Section 2301.406 - Prohibited Requirements For Payment
A manufacturer or distributor may not require, as a prerequisite to the payment of a claim for reimbursement, that a dealer file a statement of...
- Texas Section 2301.451 - Prohibition: Items Not Ordered
A manufacturer, distributor, or representative may not require or attempt to require a franchised dealer to order, accept delivery of, or pay anything of value,...
- Texas Section 2301.452 - Delivery Of Motor Vehicle Or Part
(a) A manufacturer, distributor, or representative shall deliver in a reasonable quantity and within a reasonable time to a franchised dealer who holds a franchise...
- Texas Section 2301.453 - Termination Or Discontinuance Of Franchise
(a) Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not terminate or discontinue a franchise with a franchised dealer or directly...
- Texas Section 2301.454 - Modification Or Replacement Of Franchise
(a) Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not modify or replace a franchise if the modification or replacement would...
- Texas Section 2301.455 - Determination Of Good Cause For Termination, Discontinuance, Modification, Or Replacement
(a) Notwithstanding the terms of any franchise, in determining whether good cause has been established under Section 2301.453 or 2301.454, the board shall consider all...
- Texas Section 2301.456 - Use Of Advertising
A manufacturer, distributor, or representative may not: (1) use any false, deceptive, or misleading advertising; or (2) notwithstanding the terms of any franchise, require that...
- Texas Section 2301.457 - Prohibition: Change Of Franchised Dealer's Capital Structure
Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not prevent a franchised dealer who meets reasonable capital requirements from reasonably changing:...
- Texas Section 2301.458 - Prohibition: Change In Dealer Ownership
Notwithstanding the terms of any franchise, except as provided by Section 2301.359 or 2301.360, a manufacturer, distributor, or representative may not fail to give effect...
- Texas Section 2301.459 - Prohibition: Use Of Promissory Note, Security Agreement, Or Insurance Policy
Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not require or attempt to require that a franchised dealer assign to or...
- Texas Section 2301.460 - Warranty, Preparation, Or Delivery Agreement Obligations
Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not, after a complaint and a hearing, fail or refuse to perform an...
- Texas Section 2301.461 - Liability Of Franchised Dealer
(a) Notwithstanding the terms of any franchise or any other law, a franchised dealer's preparation, delivery, and warranty obligations are the dealer's sole responsibility for...
- Texas Section 2301.462 - Succession Following Death Of Franchised Dealer
(a) Notwithstanding the terms of any franchise, except as provided by Subsection (b), a manufacturer, distributor, or representative shall honor the succession to a dealership...
- Texas Section 2301.463 - Prohibition: Payment Of Rebate By Franchised Dealer
Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not require a franchised dealer to directly or indirectly pay or assume any...
- Texas Section 2301.464 - Relocation Of Franchise
(a) Not later than the 60th day before the date a franchised dealer proposes to begin the relocation of a dealership, the dealer must provide...
- Texas Section 2301.465 - Payment To Franchised Dealer Following Termination Of Franchise
(a) In this section: (1) "Net cost" means the franchised dealer cost for a new, unsold, undamaged, and complete motor vehicle in a dealer's inventory:...
- Texas Section 2301.4651 - Additional Payment To Franchised Dealer In Certain Situations
(a) This section applies to a manufacturer, distributor, or representative that terminates or discontinues a franchise by: (1) discontinuing a line-make; (2) ceasing to do...
- Texas Section 2301.466 - Arbitration
(a) Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not require a franchised dealer to submit to arbitration on any issue...
- Texas Section 2301.467 - Prohibitions: Sales Standards, Relocations, Facility Changes, Purchase Of Equipment
(a) Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not: (1) require adherence to unreasonable sales or service standards; or (2)...
- Texas Section 2301.4671 - Franchise Provision Establishing Restriction On Dealer's Use Of Dealership Property
Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not: (1) unreasonably limit or impair the ability of a franchised dealer to...
- Texas Section 2301.468 - Inequitable Treatment Of Dealers Or Franchisees
Notwithstanding the terms of a franchise, a manufacturer, distributor, or representative may not treat franchised dealers of the same line-make differently as a result of...
- Texas Section 2301.469 - Costs Of Product Recall
Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative shall compensate a franchised dealer for all costs incurred by the dealer as required...
- Texas Section 2301.470 - Prohibition: Conditions For Financing Motor Vehicle
A manufacturer, distributor, or representative may not directly or indirectly, or through a subsidiary or agent, require as a condition for obtaining financing for a...
- Texas Section 2301.471 - Use Of Financing Subsidiary
(a) A manufacturer, distributor, or representative may not: (1) compel a franchised dealer through a financing subsidiary of the manufacturer or distributor to agree to...
- Texas Section 2301.472 - Addition Of Line-make
(a) Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not deny or withhold approval of a franchised dealer's application to add...
- Texas Section 2301.473 - Models Within Line-make
A manufacturer, distributor, or representative may not: (1) fail or refuse to offer to its same line-make franchised dealers all models manufactured for that line-make;...
- Texas Section 2301.474 - Payment Of Costs For Administrative Or Civil Proceeding
(a) A manufacturer, distributor, or representative may not require a franchised dealer to compensate the manufacturer or distributor for any court costs, attorney's fees, or...
- Texas Section 2301.4749 - Manufacturer Or Distributor Incentive Programs: Payment To Dealer
(a) A manufacturer or distributor shall pay a dealer's claim filed under a manufacturer or distributor incentive program not later than the 30th day after...
- Texas Section 2301.475 - Manufacturer Or Distributor Incentive Programs: Audit Or Chargeback
(a) Except as provided by Subsection (b), after the first anniversary of the date a manufacturer or distributor pays a claim under Section 2301.4749, the...
- Texas Section 2301.476 - Manufacturer Or Distributor Ownership, Operation, Or Control Of Dealership
(a) In this section, "manufacturer" includes: (1) a representative; or (2) a person who: (A) is affiliated with a manufacturer or representative; or (B) directly...
- Texas Section 2301.477 - Manufacturer Doing Business In This State
A manufacturer whose products are offered for sale in this state under a franchise entered into between its distributor or representative and a dealer is...
- Texas Section 2301.478 - Action On Franchise
(a) Notwithstanding the terms of any franchise or any other law, an action or proceeding brought by a manufacturer, representative, converter, or distributor against a...
- Texas Section 2301.479 - Adverse Action In Connection With Export Of Vehicle
(a) Except as otherwise provided by this section, a manufacturer, distributor, or representative may not take an adverse action against a franchised dealer because the...
- Texas Section 2301.480 - Disclosure Of Certain Information
A manufacturer, distributor, or representative may not require that a franchised dealer provide to the manufacturer, distributor, or representative information regarding a customer, except to...
- Texas Section 2301.481 - Property Use Agreement
(a) A manufacturer, distributor, or representative may not require that a dealer enter into a property use agreement as a condition of the manufacturer, distributor,...
- Texas Section 2301.482 - Certain Property Use Agreements
(a) Notwithstanding Section 2301.481(b)(1), and subject to this section, a dealer may enter into a property use agreement for cash consideration that grants the manufacturer...
SUBCHAPTER K MEDIATION BETWEEN DEALER AND MANUFACTURER OR DISTRIBUTOR
- Texas Section 2301.483 - Specific Use Agreements
(a) In this section: (1) "Necessary real estate" means real estate that is necessary for the proper operation of a dealership in the dealership's location...
- Texas Section 2301.521 - Definition
In this subchapter, "mediation" means a nonbinding forum in which an impartial mediator facilitates communication between parties to promote reconciliation, settlement, or understanding between the...
- Texas Section 2301.522 - Mediation Applicable
(a) In an action brought against a manufacturer or distributor under Subchapter J by a franchised dealer whose franchise provides for arbitration in compliance with...
- Texas Section 2301.523 - Mediator
(a) By agreement, the parties shall select and compensate a mediator who is qualified to serve under Section 154.052(a), Civil Practice and Remedies Code. (b)...
- Texas Section 2301.524 - Location And Schedule Of Mediation
(a) The parties by agreement shall select a venue and schedule for mediation under this subchapter. If the parties are unable to agree on a...
- Texas Section 2301.525 - Law Applicable; Conflict Of Laws
(a) Except as provided by Subsection (b) of this section, Section 154.073, Civil Practice and Remedies Code, applies to mediation under this subchapter. (b) If...
- Texas Section 2301.526 - Costs Of Mediation
(a) The board is not liable for the compensation paid or to be paid to a mediator employed under this subchapter. (b) Without regard to...
- Texas Section 2301.527 - Jurisdiction Of Board
The board retains jurisdiction of the subject matter of and parties to a dispute during mediation and may, on the motion of a party or...
- Texas Section 2301.528 - Effect Of Mediation On Chapter
(a) Except as provided by this subchapter, mediation under this subchapter does not affect a procedural right or duty conferred by this chapter or by...
SUBCHAPTER L VEHICLE LESSORS AND VEHICLE LEASE FACILITATORS
- Texas Section 2301.529 - Outcome Of Mediation
(a) If mediation resolves the dispute, the board shall enter an order incorporating the terms of the agreement reached in mediation. (b) If mediation does...
- Texas Section 2301.551 - Acceptance And Payment Of Fees By Vehicle Lessor
(a) A vehicle lessor may not directly or indirectly accept a fee from a dealer. For purposes of this subsection, "fee" does not include an...
- Texas Section 2301.552 - Appointment Of Vehicle Lease Facilitator
(a) A vehicle lessor may appoint one or more vehicle lease facilitators licensed under this chapter to represent the lessor in obtaining prospective vehicle lessees....
- Texas Section 2301.553 - Disclosure Of Fee Required
(a) In a vehicle lease solicited, procured, or produced by a vehicle lease facilitator, the vehicle lessor shall disclose to the lessee that a fee...
- Texas Section 2301.554 - Terms Of Lease: Foreign Countries
(a) Except as provided by Subsection (b) or by federal law, including a federal agency rule, a vehicle lessor may not, and the vehicle lease...
- Texas Section 2301.555 - Limitations On Vehicle Lease Facilitator
(a) A vehicle lease facilitator may not: (1) sell or offer to sell a new motor vehicle; (2) accept a fee from a dealer; (3)...
SUBCHAPTER M WARRANTIES: RIGHTS OF VEHICLE OWNERS
- Texas Section 2301.556 - Use Of Certain Terms
With respect to the regulation of motor vehicle distribution under this chapter, a person may not use the word "lease" or "leasing," or any variation...
- Texas Section 2301.601 - Definitions
In this subchapter: (1) "Impairment of market value" means a substantial loss in market value caused by a defect specific to a motor vehicle. (2)...
- Texas Section 2301.602 - Duty Of Board
(a) The board shall cause a manufacturer, converter, or distributor to perform an obligation imposed by this subchapter. (b) The board shall adopt rules for...
- Texas Section 2301.603 - Conformance With Warranty Required
(a) A manufacturer, converter, or distributor shall make repairs necessary to conform a new motor vehicle to an applicable manufacturer's, converter's, or distributor's express warranty....
- Texas Section 2301.604 - Replacement Of Or Refund For Vehicle
(a) A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect...
- Texas Section 2301.605 - Rebuttable Presumption--reasonable Number Of Attempts
(a) A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established...
- Texas Section 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,...
- Texas Section 2301.607 - Exhaustion Of Administrative Remedies; Right To Sue
(a) A refund or replacement under this subchapter because a motor vehicle is alleged to not conform to an express warranty is not available to...
- Texas Section 2301.608 - Assessment Of Costs For Replacement Or Refund
(a) In an order issued under this subchapter, the board or a person delegated power from the board under Section 2301.154 shall name the person...
- Texas Section 2301.608 - Assessment Of Costs For Replacement Or Refund
(a) An order issued under this subchapter must name the person responsible for paying the cost of any refund or replacement. A manufacturer, converter, or...
- Texas Section 2301.609 - Judicial Review
(a) A party to a proceeding under this subchapter that is affected by a final order related to the proceeding is entitled to judicial review...
- Texas Section 2301.610 - Disclosure Statement
(a) A manufacturer, distributor, or converter that has been ordered to repurchase or replace a vehicle shall, through its franchised dealer, issue a disclosure statement...
- Texas Section 2301.611 - Annual Report On Repurchased Or Replaced Vehicles
(a) The department shall publish an annual report on the motor vehicles ordered repurchased or replaced under this subchapter. (b) The report must list the...
- Texas Section 2301.612 - Open Records Exception
Information filed with the board under this subchapter is not a public record and is not subject to release under Chapter 552, Government Code, until...
SUBCHAPTER N DENIAL, REVOCATION, OR SUSPENSION OF LICENSE
- Texas Section 2301.613 - Notice To Buyer
(a) The department shall prepare, publish, and distribute information concerning an owner's rights under this subchapter. The retail seller of a new motor vehicle shall...
- Texas Section 2301.651 - Denial, Revocation, Or Suspension Generally
(a) The board may deny an application for a license, revoke or suspend a license, place on probation a person whose license has been suspended,...
- Texas Section 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...
- Texas Section 2301.6521 - Right To Protest: Certain Relocations
(a) In this section, "affected county" means: (1) a county with a population of one million or more; or (2) a county with a population...
- Texas Section 2301.6522 - Right To Protest: Economically Impaired Dealer
(a) In this section, "economically impaired dealer" means a franchised dealer whose profitability has been, or is reasonably expected to be, substantially reduced at the...
- Texas Section 2301.653 - Revocation Or Suspension Of Manufacturer's Or Distributor's License
The revocation or suspension of a manufacturer's or distributor's license may be: (1) limited to one or more municipalities or counties or any other defined...
SUBCHAPTER O HEARINGS PROCEDURES
- Texas Section 2301.654 - Probation
If a suspension of a license is probated, the board may: (1) require the license holder to report regularly to the board on matters that...
- Texas Section 2301.701 - Definition
In this subchapter, "contested case" has the meaning assigned by Section 2001.003, Government Code. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff....
- Texas Section 2301.702 - Conflict With Other Law
To the extent of a conflict between this chapter and Chapter 2001, Government Code, this chapter controls. Added by Acts 2001, 77th Leg., ch. 1421,...
- Texas Section 2301.7025 - Limitations Period For Certain Causes Of Action By License Holders
(a) This section does not apply to: (1) an action with respect to which this chapter or rules of the board establish specific procedural time...
- Texas Section 2301.703 - Hearing Required In Contested Case
(a) A hearing arising under this chapter or a board rule adopted under this chapter must be conducted in accordance with this chapter, any order,...
- Texas Section 2301.704 - Hearings Examiner; Administrative Law Judge
(a) Except as otherwise provided by this section, a hearing under this chapter must be held by an administrative law judge of the State Office...
- Texas Section 2301.705 - Notice Of Contested Case Hearing
(a) Notice of a contested case hearing involving a license holder must be given in accordance with this chapter and board rules. (b) Notice must...
- Texas Section 2301.706 - Notice Of Rulemaking Hearing
Notice of a rulemaking hearing must be given in accordance with Chapter 2001, Government Code, and board rules before the 30th day preceding the date...
- Texas Section 2301.707 - Contents Of Hearing Notice
Notice of a hearing shall describe in summary form the purpose of the hearing and the date, time, and place of the hearing. Added by...
- Texas Section 2301.708 - Conduct Of Hearing
(a) A hearing must be convened at the time and place stated in the notice. (b) A hearing may be recessed until a time and...
- Texas Section 2301.709 - Review By Board
(a) In reviewing a case under this subchapter, the board or a person delegated power from the board under Section 2301.154 may consider only materials...
- Texas Section 2301.710 - Dismissal Of Complaint
On the motion of any party, the board or other person delegated final order authority under Section 2301.154, without holding a contested case hearing, may...
- Texas Section 2301.711 - Orders And Decisions
(a) The board or other person delegated final order authority under Section 2301.154 shall issue final orders for the implementation and enforcement of this chapter...
- Texas Section 2301.712 - Filing Fee
(a) The filing fee for a contested case or a protest that involves a hearing is: (1) $35 for a complaint filed under Subchapter M;...
- Texas Section 2301.713 - Rehearing
(a) Except as provided by Subsection (b), a party who seeks a rehearing of an order shall seek the rehearing in accordance with Chapter 2001,...
SUBCHAPTER P JUDICIAL REVIEW
- Texas Section 2301.713 - Rehearing
(a) Except as otherwise provided by this section, a party who seeks a rehearing of an order shall seek the rehearing in accordance with Chapter...
- Texas Section 2301.751 - Judicial Review Generally
(a) A party to a proceeding affected by a final order, rule, or decision or other final action of the board with respect to a...
- Texas Section 2301.752 - Time For Filing; Citation
(a) A petition for judicial review under this chapter must be filed not later than the 30th day after the date on which the action,...
- Texas Section 2301.753 - Additional Evidence
An appeal in which evidence outside the record of the board is to be taken under Chapter 2001, Government Code, or otherwise, shall be brought...
- Texas Section 2301.754 - Dismissal For Failure To Prosecute
(a) A person filing an appeal under this subchapter shall pursue the appeal with reasonable diligence. (b) If the person fails to prosecute the appeal...
- Texas Section 2301.755 - Effect Of Appeal On Order
An appeal under this subchapter does not affect the enforcement of a final board order unless: (1) the enforcement of the order is enjoinable under...
SUBCHAPTER Q PENALTIES AND OTHER ENFORCEMENT PROVISIONS
- Texas Section 2301.756 - Review Of Interlocutory Order
(a) A writ of error is allowed from the supreme court for an appeal of an interlocutory order described by Section 51.014(a)(3) or (6), Civil...
- Texas Section 2301.801 - Civil Penalty
(a) If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a...
- Texas Section 2301.802 - Cease And Desist Order
(a) If it appears to the board that a person is violating this chapter or a board rule or order, the board after notice may...
- Texas Section 2301.803 - Statutory Stay
(a) On the initiation of a proceeding under this chapter or Chapter 503, Transportation Code, whether by complaint, protest, or otherwise, a person who receives...
- Texas Section 2301.804 - Suit For Injunctive Relief Or Civil Penalty
(a) If it appears that a person has violated, is violating, or is threatening to violate this chapter, Chapter 503, Transportation Code, a board rule...
- Texas Section 2301.805 - Relief Under Other Law
(a) Notwithstanding any other law, including Subchapter E, Chapter 17, Business & Commerce Code, in addition to the other remedies provided by this subchapter, a...
SUBCHAPTER R REGULATION OF CERTAIN COMMERCIAL USES OF MOTOR VEHICLES
- Texas Section 2301.806 - Board Exempt From Filing Fee
Notwithstanding the other provisions of this chapter, the board is not required to pay a filing fee when filing a complaint or other enforcement action....
- Texas Section 2301.851 - Certain Charges Included In Customer Agreement
(a) A person required to register under Section 152.065, Tax Code, may include in a customer agreement subject to Subsection (b) a separate charge for...
- Texas Section 2301.852 - Use Or Retention Of Salvage Motor Vehicle
(a) Notwithstanding Section 2301.002, in this section, "certificate of title," "motor vehicle," and "owner" have the meanings assigned by Section 501.002, Transportation Code. (b) An...
- Texas Section 2301.853 - Criminal Penalty
(a) A person commits an offense if the person violates this subchapter. (b) An offense under this section is a Class A misdemeanor. Added by...