83R23241 BEF-D
By: Rodriguez of Travis, Harless, Anderson, H.B. No. 3351
Wu, Villalba, et al.
Substitute the following for H.B. No. 3351:
By: Rodriguez of Travis C.S.H.B. No. 3351
A BILL TO BE ENTITLED
AN ACT
relating to the ownership or operation of a motor vehicle
dealership by a manufacturer of motor vehicles powered only by
electricity or battery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2301.252(a), Occupations Code, is
amended to read as follows:
(a) A person may not engage in the business of buying,
selling, or exchanging new motor vehicles unless the person:
(1) holds a franchised dealer's license issued under
this chapter for the make of new motor vehicle being bought, sold,
or exchanged[;] or
[(2)] is a bona fide employee of the holder of a
franchised dealer's license; or
(2) is a manufacturer authorized to own or operate a
dealership or act in the capacity of a dealer under Section
2301.476(i-1) or is a bona fide employee of the manufacturer.
SECTION 2. Section 2301.476, Occupations Code, is amended
by adding Subsection (i-1) to read as follows:
(i-1) Notwithstanding any other provision of this chapter,
a manufacturer only of motor vehicles powered only by electricity
or battery may own or operate a dealership, may act in the capacity
of a dealer at any location in this state, and may obtain a dealer
general distinguishing number as provided by Section 503.029(d),
Transportation Code, if the manufacturer:
(1) has its headquarters in the United States;
(2) has never sold its line-make in the United States
through an independent franchised new motor vehicle dealership; and
(3) does not sell more than 5,000 new motor vehicles
powered only by electricity or battery from all dealership
locations operated by the manufacturer in this state in any
calendar year.
SECTION 3. Section 503.029, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (a), a manufacturer
authorized to own or operate a dealership or act in the capacity of
a dealer under Section 2301.476(i-1), Occupations Code, is entitled
to obtain a dealer general distinguishing number under this section
if the manufacturer submits to the department a written application
that:
(1) complies with the verification requirements of
Subsection (b);
(2) is accompanied by the appropriate fee prescribed
by Section 503.007;
(3) contains information that demonstrates that the
manufacturer meets the requirements prescribed by Section
2301.476(i-1), Occupations Code; and
(4) states that the manufacturer agrees to allow the
department to examine during working hours the ownership papers for
each registered or unregistered vehicle in the manufacturer's
possession or control being offered for sale in this state.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.