| 1 | 1 | | By: Villalba H.B. No. 3828 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the ownership or operation of a motor vehicle |
|---|
| 7 | 7 | | dealership by a manufacturer or distributor of motor vehicles |
|---|
| 8 | 8 | | powered only by electricity or battery. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 2301.252(a), Occupations Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (a) A person may not engage in the business of buying, |
|---|
| 13 | 13 | | selling, or exchanging new motor vehicles unless the person: |
|---|
| 14 | 14 | | (1) holds a franchised dealer's license issued under |
|---|
| 15 | 15 | | this chapter for the make of new motor vehicle being bought, sold, |
|---|
| 16 | 16 | | or exchanged[;] or |
|---|
| 17 | 17 | | [(2)] is a bona fide employee of the holder of a |
|---|
| 18 | 18 | | franchised dealer's license; or |
|---|
| 19 | 19 | | (2) is a manufacturer or distributor described by |
|---|
| 20 | 20 | | Section 2301.476(i-1) or is a bona fide employee of the |
|---|
| 21 | 21 | | manufacturer or distributor. |
|---|
| 22 | 22 | | SECTION 2. Section 2301.476, Occupations Code, is amended |
|---|
| 23 | 23 | | by adding Subsection (i-1) to read as follows: |
|---|
| 24 | 24 | | (i-1) Notwithstanding any other provision of this chapter, |
|---|
| 25 | 25 | | a manufacturer or distributor may own or operate a dealership, may |
|---|
| 26 | 26 | | own, operate, or otherwise act in the capacity of a dealer, and may |
|---|
| 27 | 27 | | obtain a dealer general distinguishing number if the manufacturer |
|---|
| 28 | 28 | | or distributor: |
|---|
| 29 | 29 | | (1) manufactures or distributes motor vehicles |
|---|
| 30 | 30 | | powered only by electricity or battery; and |
|---|
| 31 | 31 | | (2) has not sold or exchanged in each fiscal year more |
|---|
| 32 | 32 | | than 5,000 motor vehicles powered only by electricity or battery in |
|---|
| 33 | 33 | | this state. |
|---|
| 34 | 34 | | SECTION 3. Section 503.029(a), Transportation Code, is |
|---|
| 35 | 35 | | amended to read as follows: |
|---|
| 36 | 36 | | (a) An applicant for an original or renewal dealer general |
|---|
| 37 | 37 | | distinguishing number must submit to the department a written |
|---|
| 38 | 38 | | application on a form that: |
|---|
| 39 | 39 | | (1) is provided by the department; |
|---|
| 40 | 40 | | (2) contains the information required by the |
|---|
| 41 | 41 | | department; |
|---|
| 42 | 42 | | (3) contains information that demonstrates the person |
|---|
| 43 | 43 | | meets the requirements prescribed by Section 503.032; |
|---|
| 44 | 44 | | (4) contains information that demonstrates the |
|---|
| 45 | 45 | | applicant has complied with all applicable state laws and municipal |
|---|
| 46 | 46 | | ordinances; |
|---|
| 47 | 47 | | (5) states that the applicant agrees to allow the |
|---|
| 48 | 48 | | department to examine during working hours the ownership papers for |
|---|
| 49 | 49 | | each registered or unregistered vehicle in the applicant's |
|---|
| 50 | 50 | | possession or control; and |
|---|
| 51 | 51 | | (6) specifies whether the applicant proposes to be a: |
|---|
| 52 | 52 | | (A) franchised motor vehicle dealer; |
|---|
| 53 | 53 | | (B) independent motor vehicle dealer; |
|---|
| 54 | 54 | | (C) wholesale motor vehicle dealer; |
|---|
| 55 | 55 | | (D) motorcycle dealer; |
|---|
| 56 | 56 | | (E) house trailer dealer; |
|---|
| 57 | 57 | | (F) trailer or semitrailer dealer; [or] |
|---|
| 58 | 58 | | (G) independent mobility motor vehicle dealer; |
|---|
| 59 | 59 | | or |
|---|
| 60 | 60 | | (H) a manufacturer or distributor described by |
|---|
| 61 | 61 | | Section 2301.476(i-1), Occupations Code. |
|---|
| 62 | 62 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 63 | 63 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 64 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 65 | 65 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 66 | 66 | | Act takes effect September 1, 2015. |
|---|