§ 2301.476 — MANUFACTURER OR DISTRIBUTOR OWNERSHIP, OPERATION, OR CONTROL OF DEALERSHIP.

Texas § 2301.476

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 2301.476. MANUFACTURER OR DISTRIBUTOR OWNERSHIP, OPERATION, OR CONTROL OF DEALERSHIP. (a) In this section:
(1) "Manufacturer" includes:
(A) a representative; or
(B) a person who:
(i) is affiliated with a manufacturer or representative; or
(ii) directly or indirectly through an intermediary, is controlled by, or is under common control with, a manufacturer.
(2) "Type of motor vehicle" means the classification of a motor vehicle as one of the following:
(A) a passenger car or a truck, including a pickup truck, van, panel delivery truck, or a carryall truck, with a gross vehicle weight rating of 14,000 pounds or less that is used primarily to transport persons or property;
(B) a motorcycle or motor-driven cycle, which includes:
(i) an all-terrain vehicle, as defined by Section 551A.001 , Transportation Code;
(ii) a recreational off-highway vehicle, as defined by Section 551A.001 , Transportation Code;
(iii) an autocycle, as defined by Section 501.008 , Transportation Code;
(iv) a moped, as defined by Section 541.201 , Transportation Code; or
(v) a motorcycle, as defined by Section 541.201 , Transportation Code;
(C) an engine, transmission, or rear axle, as described by Section 2301.002 (23)(C);
(D) a medium-duty or heavy-duty truck with a gross vehicle weight rating of more than 14,000 pounds;
(E) a bus, as defined by Section 541.201 , Transportation Code;
(F) a road tractor or truck tractor, as defined by Section 541.201 , Transportation Code;
(G) a firefighting vehicle; or
(H) a recreational vehicle, which includes:
(i) a motor home;
(ii) a towable recreational vehicle;
(iii) a travel trailer, as defined by Section 501.002 , Transportation Code; or
(iv) a house trailer, as defined by Section 501.002 , Transportation Code.
(b) For purposes of Subsection (a)(1)(B)(ii), a person is controlled by a manufacturer if the manufacturer is directly or indirectly authorized, by law or by agreement of the parties, to direct or influence the person's management and policies.
(c) Except as provided by this section, a manufacturer or distributor may not directly or indirectly:
(1) own an interest in:
(A) a franchised dealer or dealership, as defined by Sections 2301.002 (16) and (8), respectively, for the same type of motor vehicle that:
(i) the manufacturer manufactures or distributes; or
(ii) the distributor distributes; or
(B) a nonfranchised dealer or dealership;
(2) operate or control:
(A) a franchised dealer or dealership, as defined by Sections 2301.002 (16) and (8), respectively, for the same type of motor vehicle that:
(i) the manufacturer manufactures or distributes; or
(ii) the distributor distributes; or
(B) a nonfranchised dealer or dealership; or
(3) act in the capacity of:
(A) a franchised dealer or dealership, as defined by Sections 2301.002 (16) and (8), respectively, for the same type of motor vehicle that:
(i) the manufacturer manufactures or distributes; or
(ii) the distributor distributes; or
(B) a nonfranchised dealer.
(d) A manufacturer or distributor may own an interest in a franchised dealer, or otherwise control a dealership, for a period not to exceed 12 months from the date the manufacturer or distributor acquires the dealership if:
(1) the person from whom the manufacturer or distributor acquired the dealership was a franchised dealer; and
(2) the dealership is for sale by the manufacturer or distributor at a reasonable price and on reasonable terms and conditions.
(e) On a showing of good cause by a manufacturer or distributor, the board may extend the time limit imposed under Subsection (d) for a period not to exceed an additional 12 months. An application for an extension after the first extension is granted is subject to protest by a dealer of the same line-make whose dealership is located in the same county as, or within 15 miles of, the dealership owned or controlled by the manufacturer or distributor.
(f) For the purpose of determining compliance with Subsection (d)(2), the price of a dealership and the other terms and conditions of a contract for the sale of a dealership are reasonable if the purchaser is a franchised dealer who:
(1) has made a significant investment in the dealership, subject to loss;
(2) has an ownership interest in the dealership; and
(3) operates the dealership under a plan to acquire full ownership of the dealership within a reasonable time and under reasonable terms and conditions.
(g) For the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group that has been historically underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, but for no other purpose, a manufacturer or distributor may temporarily own an interest in a dealership if the manufacturer's or distributor's participation in the dealership is in a bona fide relationship with a franchised dealer who:
(1) has made a significant investment in the dealership, subject to loss;
(2) has an ownership interest in the dealership; and
(3) operates the dealership under a plan to acquire full ownership of the dealership within a reasonable time and under reasonable terms.
(h) A person who on June 7, 1995, held both a motor home manufacturer's license and a motor home dealer's license issued under this chapter may:
(1) hold:
(A) a motor home manufacturer's license;
(B) a general distinguishing number issued under Chapter 503 , Transportation Code; and
(C) not more than two franchised dealer's licenses; and
(2) operate as both a manufacturer and dealer of motor homes but of no other type of vehicle.
(h-1) A person who on January 18, 2002, held both a converter's license to convert buses with a gross vehicle weight rating of 40,000 pounds or more and a franchised dealer's license to sell buses issued under this chapter may:
(1) regain and hold both licenses; and
(2) operate as both a converter and franchised dealer of bus conversions with a gross vehicle weight rating of 40,000 pounds or more but of no other type of vehicle.
(i) Notwithstanding the terms of this chapter, and subject to the limitations set forth in this subsection, a manufacturer or distributor may own an interest in an entity that holds a general distinguishing number if the entity:
(1) is primarily engaged in the business of renting to other persons passenger vehicles or commercial motor vehicles that the entity owns; and
(2) sells or offers for sale no vehicle other than a vehicle that the entity:
(A) owns and has taken from service in its rental fleet; or
(B) has taken in trade as part of a transaction involving the sale of a vehicle taken from service in its rental fleet.

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 503, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.621(a), eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 105 (H.B. 733 ), Sec. 1, eff. September 1, 2008. Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097 ), Sec. 5.01, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017 ), Sec. 16, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 512 (H.B. 833 ), Sec. 1, eff. June 16, 2015. Acts 2019, 86th Leg., R.S., Ch. 440 (S.B. 1415 ), Sec. 1, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607 ), Sec. 14.005, eff. September 1, 2021.