Here it is!
84R9491 MAW-F | ||
By: Rodriguez of Travis | H.B. No. 1653 |
A BILL TO BE ENTITLED | |
AN ACT | |
relating to the ownership or operation of a motor vehicle | |
dealership by certain manufacturers or distributors. | |
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
SECTION 1. Section 2301.252(a), Occupations Code, is | |
amended to read as follows: | |
(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 license issued under | |
this chapter for the make of new motor vehicle being bought, sold, | |
or exchanged[;] or | |
[(2)] is a bona fide employee of the holder of a | |
franchised dealer's license; or | |
(2)is a manufacturer or distributor described by | |
Section 2301.476(i-1) or is a bona fide employee of the | |
manufacturer or distributor. | |
SECTION 2. Section 2301.476, Occupations Code, is amended | |
by adding Subsection (i-1) to read as follows: | |
(i-1)Notwithstanding any other provision of this chapter, | |
a manufacturer or distributor may own or operate a dealership, may | |
own, operate, or otherwise act in the capacity of a dealer, and may | |
obtain a dealer general distinguishing number if: | |
(1)the manufacturer or distributor does not own or | |
operate more than 12 dealers or dealership locations in this state; | |
and | |
(2)the manufacturer's line-make has never been sold | |
in this state through an independent franchised new motor vehicle | |
dealership. | |
SECTION 3. Section 503.029(a), Transportation Code, is | |
amended to read as follows: | |
(a) An applicant for an original or renewal dealer general | |
distinguishing number must submit to the department a written | |
application on a form that: | |
(1) is provided by the department; | |
(2) contains the information required by the | |
department; | |
(3) contains information that demonstrates the person | |
meets the requirements prescribed by Section 503.032; | |
(4) contains information that demonstrates the | |
applicant has complied with all applicable state laws and municipal | |
ordinances; | |
(5) states that the applicant agrees to allow the | |
department to examine during working hours the ownership papers for | |
each registered or unregistered vehicle in the applicant's | |
possession or control; and | |
(6) specifies whether the applicant proposes to be a: | |
(A) franchised motor vehicle dealer; | |
(B) independent motor vehicle dealer; | |
(C) wholesale motor vehicle dealer; | |
(D) motorcycle dealer; | |
(E) house trailer dealer; | |
(F) trailer or semitrailer dealer; [or] | |
(G) independent mobility motor vehicle dealer; | |
or | |
(H)manufacturer or distributor described by | |
Section 2301.476(i-1), Occupations Code. | |
SECTION 4. This Act takes effect immediately if it receives | |
a vote of two-thirds of all the members elected to each house, as | |
provided by Section 39, Article III, Texas Constitution. If this | |
Act does not receive the vote necessary for immediate effect, this | |
Act takes effect September 1, 2015. |
84R9491 MAW-F | ||
By: Hancock | S.B. No. 639 |
A BILL TO BE ENTITLED | |
AN ACT | |
relating to the ownership or operation of a motor vehicle | |
dealership by certain manufacturers or distributors. | |
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
SECTION 1. Section 2301.252(a), Occupations Code, is | |
amended to read as follows: | |
(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 license issued under | |
this chapter for the make of new motor vehicle being bought, sold, | |
or exchanged[;] or | |
[(2)] is a bona fide employee of the holder of a | |
franchised dealer's license; or | |
(2)is a manufacturer or distributor described by | |
Section 2301.476(i-1) or is a bona fide employee of the | |
manufacturer or distributor. | |
SECTION 2. Section 2301.476, Occupations Code, is amended | |
by adding Subsection (i-1) to read as follows: | |
(i-1)Notwithstanding any other provision of this chapter, | |
a manufacturer or distributor may own or operate a dealership, may | |
own, operate, or otherwise act in the capacity of a dealer, and may | |
obtain a dealer general distinguishing number if: | |
(1)the manufacturer or distributor does not own or | |
operate more than 12 dealers or dealership locations in this state; | |
and | |
(2)the manufacturer's line-make has never been sold | |
in this state through an independent franchised new motor vehicle | |
dealership. | |
SECTION 3. Section 503.029(a), Transportation Code, is | |
amended to read as follows: | |
(a) An applicant for an original or renewal dealer general | |
distinguishing number must submit to the department a written | |
application on a form that: | |
(1) is provided by the department; | |
(2) contains the information required by the | |
department; | |
(3) contains information that demonstrates the person | |
meets the requirements prescribed by Section 503.032; | |
(4) contains information that demonstrates the | |
applicant has complied with all applicable state laws and municipal | |
ordinances; | |
(5) states that the applicant agrees to allow the | |
department to examine during working hours the ownership papers for | |
each registered or unregistered vehicle in the applicant's | |
possession or control; and | |
(6) specifies whether the applicant proposes to be a: | |
(A) franchised motor vehicle dealer; | |
(B) independent motor vehicle dealer; | |
(C) wholesale motor vehicle dealer; | |
(D) motorcycle dealer; | |
(E) house trailer dealer; | |
(F) trailer or semitrailer dealer; [or] | |
(G) independent mobility motor vehicle dealer; | |
or | |
(H)manufacturer or distributor described by | |
Section 2301.476(i-1), Occupations Code. | |
SECTION 4. This Act takes effect immediately if it receives | |
a vote of two-thirds of all the members elected to each house, as | |
provided by Section 39, Article III, Texas Constitution. If this | |
Act does not receive the vote necessary for immediate effect, this | |
Act takes effect September 1, 2015. |