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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership or operation of a motor vehicle |
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dealership by a manufacturer or distributor of motor vehicles |
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powered only by electricity or battery. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2301.252(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not engage in the business of buying, |
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selling, or exchanging new motor vehicles unless the person: |
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(1) holds a franchised dealer's license issued under |
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this chapter for the make of new motor vehicle being bought, sold, |
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or exchanged[;] or |
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[(2)] is a bona fide employee of the holder of a |
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franchised dealer's license; or |
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(2) is a manufacturer or distributor described by |
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Section 2301.476(i-1) or is a bona fide employee of the |
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manufacturer or distributor. |
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SECTION 2. Section 2301.476, Occupations Code, is amended |
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by adding Subsection (i-1) to read as follows: |
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(i-1) Notwithstanding any other provision of this chapter, |
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a manufacturer or distributor may own or operate a dealership, may |
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own, operate, or otherwise act in the capacity of a dealer, and may |
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obtain a dealer general distinguishing number if the manufacturer |
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or distributor: |
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(1) manufactures or distributes motor vehicles |
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powered only by electricity or battery; and |
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(2) has not sold or exchanged in each fiscal year more |
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than 5,000 motor vehicles powered only by electricity or battery in |
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this state. |
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SECTION 3. Section 503.029(a), Transportation Code, is |
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amended to read as follows: |
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(a) An applicant for an original or renewal dealer general |
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distinguishing number must submit to the department a written |
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application on a form that: |
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(1) is provided by the department; |
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(2) contains the information required by the |
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department; |
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(3) contains information that demonstrates the person |
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meets the requirements prescribed by Section 503.032; |
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(4) contains information that demonstrates the |
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applicant has complied with all applicable state laws and municipal |
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ordinances; |
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(5) states that the applicant agrees to allow the |
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department to examine during working hours the ownership papers for |
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each registered or unregistered vehicle in the applicant's |
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possession or control; and |
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(6) specifies whether the applicant proposes to be a: |
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(A) franchised motor vehicle dealer; |
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(B) independent motor vehicle dealer; |
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(C) wholesale motor vehicle dealer; |
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(D) motorcycle dealer; |
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(E) house trailer dealer; |
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(F) trailer or semitrailer dealer; [or] |
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(G) independent mobility motor vehicle dealer; |
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or |
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(H) a manufacturer or distributor described by |
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Section 2301.476(i-1), Occupations Code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |