Texas House Bill HB2054

Texas 2013 - 83rd Regular

Caption

Relating to certain rights of a motor vehicle manufacturer or distributor concerning a proposed transfer of ownership of a dealership.

Impact

The bill impacts state laws by establishing specific provisions that govern the transfer of dealership ownership. By detailing the circumstances under which manufacturers can exercise their right of first refusal, the bill aims to ensure that dealers and manufacturers are required to adhere to equal or better contract terms than those proposed by prospective transferees. Moreover, it requires manufacturers to cover reasonable expenses incurred by prospective transferees for negotiating the proposed transfer, which could lead to a more equitable process during ownership changes.

Summary

House Bill 2054 addresses the rights of motor vehicle manufacturers and distributors concerning the transfer of ownership of dealerships. It amends Section 2301.359 of the Occupations Code to clarify the conditions under which a manufacturer or distributor can exercise a right of first refusal regarding the acquisition of dealership assets. This right is triggered when there is a proposed change in control of the dealership or a transfer of 50 percent or more of the dealership's assets, provided certain conditions are met.

Sentiment

The sentiment surrounding HB2054 appears nuanced, with varying opinions between manufacturers and dealership owners. Supporters argue that the bill creates a fair structure for dealership ownership transitions, while critics may perceive it as favoring manufacturers by allowing them to potentially impede the sales process of dealerships. Overall, the bill's intent to clarify existing laws seems to be well-received by some stakeholders while raising concerns among others about the balance of power in dealership transactions.

Contention

Notable points of contention include the balance of power between manufacturers and dealerships, wherein some stakeholders may feel that the rights conferred to manufacturers could undermine the autonomy of dealership owners. Additionally, the conditions under which a manufacturer can exercise its right of first refusal may lead to debates about its fairness in specific cases, especially if dealership owners believe they are being treated inequitably compared to manufacturers. As such, the implications of HB2054 could resonate differently among various groups within the motor vehicle distribution sector.