84R8621 GRM-D
By: Collier H.B. No. 2169
A BILL TO BE ENTITLED
AN ACT
relating to requiring used motor vehicle dealers to inspect
vehicles for sale to consumers for certain defects; creating a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter M, Chapter 2301, Occupations Code, is
amended by adding Section 2301.614 to read as follows:
Sec. 2301.614. INSPECTION AND NOTICE OF CERTAIN USED MOTOR
VEHICLE DEFECTS. (a) In this section:
(1) "Federal buyers guide" means the "Buyers Guide"
required under 16 C.F.R. Section 455.2.
(2) "Used motor vehicle" means a motor vehicle that
has been the subject of a first sale.
(b) A used motor vehicle dealer must inspect each used motor
vehicle the dealer offers for sale to a consumer for any major
defect listed on the federal buyers guide.
(c) Any defect identified as the result of an inspection
under Subsection (b) must be prominently and conspicuously
highlighted on the federal buyers guide.
(d) A person who violates this section is liable to the
state for a civil penalty in an amount not to exceed $500 for each
violation. The attorney general or the appropriate prosecuting
attorney in the county in which the violation occurs may bring an
action to recover the civil penalty imposed under this section.
SECTION 2. The change in law made by this Act applies only
to the sale of a used motor vehicle by a dealer to a consumer that
occurs on or after the effective date of this Act. The sale of a used
motor vehicle by a dealer to a consumer before the effective date of
this Act is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2015.