83R8217 BEF-F
By: Creighton H.B. No. 3204
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor vehicle dealers, manufacturers,
and distributors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2301.652, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) For purposes of Subsection (b), a protesting dealer is
presumed to be in substantial compliance with the dealer's
franchise if the dealer is not the subject of a pending enforcement
proceeding by the board or department. The presumption created by
this subsection is rebuttable.
SECTION 2. Section 2301.702, Occupations Code, is amended
to read as follows:
Sec. 2301.702. CONFLICT WITH OTHER LAW; RULES GOVERNING
HEARINGS. (a) To the extent of a conflict between this chapter and
Chapter 2001, Government Code, this chapter controls.
(b) A board rule relating to the procedures for a hearing on
or the resolution of a dispute arising under this chapter applies to
the person conducting the hearing or dispute resolution proceeding,
regardless of whether that person is the board, the department, or
another person.
SECTION 3. The changes in law made by this Act apply to a
license issued under Chapter 2301, Occupations Code, regardless of
the date the license is issued or renewed.
SECTION 4. This Act takes effect September 1, 2013.