Texas 2011 - 82nd Regular

Texas House Bill HB3079

Filed
 
Out of House Committee
5/6/11  
Introduced
3/10/11  
Voted on by House
5/12/11  
Refer
3/18/11  
Out of Senate Committee
5/21/11  
Report Pass
5/2/11  
Voted on by Senate
5/25/11  
Engrossed
5/12/11  
Governor Action
6/17/11  
Bill Becomes Law
 
Enrolled
5/26/11  

Caption

Relating to dealer agreements regarding the purchase and sale of certain equipment or machinery used for agricultural, construction, industrial, mining, outdoor power, forestry, and landscaping purposes.

Impact

The enactment of HB 3079 will significantly modify existing practices among dealers and suppliers in Texas. Notably, it introduces specific requirements for suppliers regarding the notice of termination and the repurchase of inventory from dealers upon termination of agreements. This change is designed to protect dealers from sudden financial losses and ensures they retain rights over unsold or undamaged equipment. By enhancing the regulatory framework, the bill aims to promote a healthier business environment in the equipment dealership sector, benefitting both dealers and the consumers they serve.

Summary

House Bill 3079 updates the regulations surrounding dealer agreements in Texas relating to the purchase and sale of equipment and machinery used in agricultural, construction, industrial, mining, and landscaping settings. The bill establishes clearer guidelines for the responsibilities and rights of both suppliers and dealers under these agreements, aiming to enhance fairness and transparency in the equipment distribution industry. The legislation is anchored in the recognition that independent dealers play a crucial role in ensuring the supply and maintenance of specialized equipment vital to various sectors of the Texas economy.

Contention

Despite its intended protections, HB 3079 has faced some contention from various stakeholders. Critics argue that the bill may still favor suppliers in certain respects, particularly regarding the definitions and conditions surrounding inventory repurchase obligations. Furthermore, there are concerns that the bill does not go far enough in addressing issues related to price discrimination among dealers, which could perpetuate inequities in equipment sales. As discussions proceed, it will be essential to monitor the implementation of this legislation to assess its effectiveness in resolving long-standing grievances in the dealer-supplier relationship.

Companion Bills

No companion bills found.

Previously Filed As

TX HB3730

Relating to certain privatization of maintenance contracts awarded by the Texas Department of Transportation.

TX HB2960

Relating to vehicles used for the purpose of participating in equine activities or attending livestock shows.

TX HCR42

Expressing support for the current FBI effort to reevaluate existing policies, standards, and protocols for forensic DNA testing laboratories and expressing support for any new policies, standards, and protocols that would hold public and private labs to the same standards, audits, and review process, urging Congress to pass any necessary federal legislation that ensures continued quality in forensic science while holding public and private lab DNA analysis to the same standards, and encouraging Texas law enforcement agencies to use forensic science review methods that will eliminate DNA testing backlogs.

TX HB378

Relating to stationary tow trucks on a highway; providing a penalty.

TX HB12

Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.

TX HB630

Relating to the environmental review process for transportation projects.

Similar Bills

TX HB4810

Relating to transactions involving dealer agreements under the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

NM SB194

Notice Of Termination Of Franchises

OK SB377

Equipment contracts; modifying definitions; modifying certain prohibited actions; modifying certain consent requirements. Effective date.

MS HB1600

Beer Industry Fair Dealing Act; bring forward.

IN HB1060

Right to repair.

NC H921

ABC & Gaming Omnibus Bill

IN HB1504

Assistance for obtaining veterans' benefits.

MO SB467

Modifies provisions related to net metering