83R8274 EES-F
By: Eltife S.B. No. 812
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of certain payments by motor vehicle
manufacturers and distributors from motor vehicle dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2301.405, Occupations Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) Notwithstanding a provision in a franchise agreement
and except as provided by this section, a manufacturer or
distributor may not directly or indirectly recover from a dealer an
amount paid by the manufacturer or distributor to the dealer under
this subchapter to reimburse the dealer for parts or labor by:
(1) chargeback;
(2) surcharge;
(3) an increase in the wholesale price of a motor
vehicle or part; or
(4) other means.
(d) Subsection (c) does not prohibit a manufacturer or
distributor from increasing the price of a motor vehicle or part in
the normal course of business.
SECTION 2. This Act takes effect September 1, 2013.