Texas § 2352.001 DEFINITIONS.

Texas Statutes

§ 2352.001 — DEFINITIONS.

Texas § 2352.001

Code OCOccupations Code

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Bluebook

Tex. Occupations Code Code Ann. § 2352.001 (2026).

Text

Sec. 2352.001. DEFINITIONS. In this chapter:

(1)"Agreement" means a written agreement between a manufacturer or distributor and a dealer for the purchase and sale of new boats or new boat motors.

(2)"Boat" means:

(A)a motorboat; or

(B)any other vessel that is more than 14 feet in length and is designed to be propelled by a sail. (2-a) "Boat motor" means a mechanical form of propulsion for a vessel, including an inboard or outboard motor.

(3)"Dealer" means a person engaged in the business of buying, selling, selling on consignment, displaying for sale, or exchanging at least five vessels, motorboats, or boat motors during a calendar year.

(4)"Distributor" means a person who:

(A)offers for sale, sells, or distributes new boats or new boat motors to dealers; or

(B)controls a person de

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Sec. 2352.001. DEFINITIONS. In this chapter:
(1) "Agreement" means a written agreement between a manufacturer or distributor and a dealer for the purchase and sale of new boats or new boat motors.
(2) "Boat" means:
(A) a motorboat; or
(B) any other vessel that is more than 14 feet in length and is designed to be propelled by a sail.
(2-a) "Boat motor" means a mechanical form of propulsion for a vessel, including an inboard or outboard motor.
(3) "Dealer" means a person engaged in the business of buying, selling, selling on consignment, displaying for sale, or exchanging at least five vessels, motorboats, or boat motors during a calendar year.
(4) "Distributor" means a person who:
(A) offers for sale, sells, or distributes new boats or new boat motors to dealers; or
(B) controls a person described by Paragraph (A).
(5) "Manufacturer" means a person engaged in the business of manufacturing new and unused vessels or boat motors for the purpose of sale or trade.
(5-a) "Marketing standards" means mutually agreed standards in a manufacturer's marketing or promotional activities.
(6) "Motorboat" has the meaning assigned by Section 31. 003, Parks and Wildlife Code.
(7) "New" has the meaning assigned by Section 31.003 , Parks and Wildlife Code.
(8) "Outboard motor" has the meaning assigned by Section 31.003 , Parks and Wildlife Code.
(8-a) "Performance standards" means reasonable standards that are mutually developed and agreed to by a manufacturer and a dealer relating to:
(A) achievement of market share by a dealer for manufacturer products sold in a territory;
(B) achievement of a level of performance in a manufacturer's certified dealer program, if any; and
(C) participation in a plan that addresses improvement, if needed, in dealer performance.
(8-b) "Territory" means:
(A) for the sale of a manufacturer's boats, a defined geographical area within which a dealer is appointed by the manufacturer as the sole authorized dealer; or
(B) for the sale of all other manufacturer products, a market area within which a dealer is appointed by the manufacturer as an authorized dealer.
(9) "Vessel" has the meaning assigned by Section 31.003 , Parks and Wildlife Code.
SUBCHAPTER B. DEALER AGREEMENTS

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960 ), Sec. 1, eff. September 1, 2011.