Texas 2013 - 83rd Regular

Texas House Bill HB3351 Compare Versions

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Old	New	Differences
1	1	83R23241 BEF-D
2	2	By: Rodriguez of Travis, Harless, Anderson, H.B. No. 3351
3	3	Wu, Villalba, et al.
4	4	Substitute the following for H.B. No. 3351:
5	5	By: Rodriguez of Travis C.S.H.B. No. 3351
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the ownership or operation of a motor vehicle
11	11	dealership by a manufacturer of motor vehicles powered only by
12	12	electricity or battery.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 2301.252(a), Occupations Code, is
15	15	amended to read as follows:
16	16	(a) A person may not engage in the business of buying,
17	17	selling, or exchanging new motor vehicles unless the person:
18	18	(1) holds a franchised dealer's license issued under
19	19	this chapter for the make of new motor vehicle being bought, sold,
20	20	or exchanged[;] or
21	21	[(2)] is a bona fide employee of the holder of a
22	22	franchised dealer's license; or
23	23	(2) is a manufacturer authorized to own or operate a
24	24	dealership or act in the capacity of a dealer under Section
25	25	2301.476(i-1) or is a bona fide employee of the manufacturer.
26	26	SECTION 2. Section 2301.476, Occupations Code, is amended
27	27	by adding Subsection (i-1) to read as follows:
28	28	(i-1) Notwithstanding any other provision of this chapter,
29	29	a manufacturer only of motor vehicles powered only by electricity
30	30	or battery may own or operate a dealership, may act in the capacity
31	31	of a dealer at any location in this state, and may obtain a dealer
32	32	general distinguishing number as provided by Section 503.029(d),
33	33	Transportation Code, if the manufacturer:
34	34	(1) has its headquarters in the United States;
35	35	(2) has never sold its line-make in the United States
36	36	through an independent franchised new motor vehicle dealership; and
37	37	(3) does not sell more than 5,000 new motor vehicles
38	38	powered only by electricity or battery from all dealership
39	39	locations operated by the manufacturer in this state in any
40	40	calendar year.
41	41	SECTION 3. Section 503.029, Transportation Code, is amended
42	42	by adding Subsection (d) to read as follows:
43	43	(d) Notwithstanding Subsection (a), a manufacturer
44	44	authorized to own or operate a dealership or act in the capacity of
45	45	a dealer under Section 2301.476(i-1), Occupations Code, is entitled
46	46	to obtain a dealer general distinguishing number under this section
47	47	if the manufacturer submits to the department a written application
48	48	that:
49	49	(1) complies with the verification requirements of
50	50	Subsection (b);
51	51	(2) is accompanied by the appropriate fee prescribed
52	52	by Section 503.007;
53	53	(3) contains information that demonstrates that the
54	54	manufacturer meets the requirements prescribed by Section
55	55	2301.476(i-1), Occupations Code; and
56	56	(4) states that the manufacturer agrees to allow the
57	57	department to examine during working hours the ownership papers for
58	58	each registered or unregistered vehicle in the manufacturer's
59	59	possession or control being offered for sale in this state.
60	60	SECTION 4. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2013.