Texas § 2301.360 REVIEW BY BOARD FOLLOWING DENIAL OF TRANSFER.

Texas Statutes

§ 2301.360 — REVIEW BY BOARD FOLLOWING DENIAL OF TRANSFER.

Texas § 2301.360

Code OCOccupations Code

This text of Texas § 2301.360 (REVIEW BY BOARD FOLLOWING DENIAL OF TRANSFER.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Occupations Code Code Ann. § 2301.360 (2026).

Text

Sec. 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 contested case.

(b)In a protest under this section, the board must determine whether the rejection was reasonable under the criteria described by Section 2301.359 . The burden is on the manufacturer or distributor to prove that the prospective transferee is not qualified under the criteria. The board shall enter an order holding that the prospective transferee either is qualified or is not qualified.

(c)If the board's order is that the prospective transferee is qualified, the dealer's franchise is amended to reflect the change in franchisee, and the manufacturer or distributor shall accept

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 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 contested case.
(b) In a protest under this section, the board must determine whether the rejection was reasonable under the criteria described by Section 2301.359 . The burden is on the manufacturer or distributor to prove that the prospective transferee is not qualified under the criteria. The board shall enter an order holding that the prospective transferee either is qualified or is not qualified.
(c) If the board's order is that the prospective transferee is qualified, the dealer's franchise is amended to reflect the change in franchisee, and the manufacturer or distributor shall accept the transfer for all purposes.
(d) If the board's order is that the prospective transferee is not qualified, the board may include in the order:
(1) specific reasons why the prospective transferee is not qualified; and
(2) specific conditions under which the prospective transferee would be qualified.
(e) If the board's order that a prospective transferee is not qualified includes specific conditions under which the prospective transferee would be qualified, the board may retain jurisdiction of the dispute for a time certain to allow the dealer and prospective transferee to meet the conditions.

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

(Court of Appeals of Texas, 2015)

Ford Motor Company v. Motor Vehicle Board of the Texas Department of Transportation and Metro Ford Truck Sales, Inc.

(Court of Appeals of Texas, 2008)

General Motors Corporation v. Brett Bray, in His Official Capacity as Director of the Motor Vehicle Division of the Texas Department of Transportation Charles E. Elliott and Eaton Motor Company, Inc.

(Court of Appeals of Texas, 2007)

Sterling Truck Corporation and Ford Motor Company v. Motor Vehicle Board of the Texas Department of Transportation and Metro Ford Truck Sales, Inc.

(Court of Appeals of Texas, 2008)

Ford Motor Company v. Hanan Butnaru, Gil Butnaru, and Motor Vehicle Board of the Texas Department of Transportation

(Court of Appeals of Texas, 2005)

Legislative History

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. 2, eff. September 1, 2009.