Texas 2013 - 83rd Regular

Texas Senate Bill SB854

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the regulation of motor vehicle dealers, manufacturers, distributors, and representatives.

Impact

The impact of SB854 is primarily felt in the realm of franchise operations for motor vehicle dealers. By consolidating control over dealership agreements and outlining the rights and responsibilities of owners and dealers, the legislation seeks to protect existing dealerships from coercive practices that might force them to relocate under pressure from manufacturers or distributors. This is intended to stabilize the marketplace for automotive sales and maintain a healthy competitive environment.

Summary

SB854 addresses the regulation of motor vehicle dealers, manufacturers, distributors, and their representatives in Texas. The bill introduces specific use agreements that relate to the operation and sale of automobile dealerships. Specifically, it generates guidelines around how these agreements can control the conditions under which a dealership operates its business, including limitations on adding new vehicle lines and prohibiting property sales for any purpose other than dealership use. This aims to provide clarity and uniformity in the franchise dealership landscape of Texas.

Contention

Noteworthy points of contention arise from the potential for misuse of specific use agreements. Critics argue that the limitation imposed on dealerships, particularly regarding the constraints on expanding or relocating, might create an undue burden. They express concern that while the bill aims to prevent coercive practices, it may simultaneously enforce conditions that could stifle new market entrants and restrict consumer choice, particularly if these agreements favor existing dealers disproportionately over new businesses.

Additional_considerations

Finally, the bill's provisions regarding the expiration of agreements and the rights of transferees reflect an intention to navigate the complexities of real estate transactions in the automotive sector. The clarity regarding the validity and termination of these agreements can serve to protect parties involved and enhance the regulatory framework under which motor vehicle dealerships operate in Texas.

Companion Bills

TX HB2243

Identical Relating to the regulation of motor vehicle dealers, manufacturers, distributors, and representatives.

Previously Filed As

TX HB4810

Relating to transactions involving dealer agreements under the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

TX HB4078

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX SB2099

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX SB2195

Relating to fair allocation requirements for manufacturers, distributers, or manufacturer representatives.

TX SB246

Relating to the regulation of motor fuel metering devices and motor fuel quality.

TX HB3861

Relating to the titling and registration of motor vehicles by motor vehicle dealers.

TX HB5269

Relating to motor vehicle titles.

TX SB2567

Relating to the issuance of temporary tags and license plates by a motor vehicle dealer.

TX HB2706

Relating to the regulation of manufactured homes.

TX HB4661

Relating to the applicability of certain federal regulations to motor vehicles that are manufactured, sold, and operated exclusively in this state.

Similar Bills

TX HB2293

Relating to the regulation of motor vehicle dealers, manufacturers, distributors, and representatives.

TX SB529

Relating to the regulation of motor vehicle dealers, manufacturers, distributors, and representatives.

CT HB06820

An Act Concerning Provisions Of The Franchise Act Governing Agreements Between Automobile Manufacturers Or Distributors And Automobile Dealers.

MT HB550

Revise laws relating to automobile businesses and electric and hybrid vehicles

CA AB473

Motor vehicle manufacturers, distributors, and dealers.

TX HB2243

Relating to the regulation of motor vehicle dealers, manufacturers, distributors, and representatives.