Texas 2019 - 86th Regular

Texas Senate Bill SB1415 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1415
	1	+	By: Hancock S.B. No. 1415
	2	+	(Geren)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the ownership, control, or operation of a franchised or
6	8		nonfranchised dealer or dealership by certain motor vehicle
7	9		manufacturers and distributors.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Sections 2301.476(a), (b), and (c), Occupations
10	12		Code, are amended to read as follows:
11	13		(a) In this section:
12	14		(1) "Manufacturer"[, "manufacturer"] includes:
13	15		(A) [(1)] a representative; or
14	16		(B) [(2)] a person who:
15	17		(i) [(A)] is affiliated with a manufacturer
16	18		or representative; or
17	19		(ii) [(B)] directly or indirectly through
18	20		an intermediary, is controlled by, or is under common control with,
19	21		a manufacturer.
20	22		(2) "Type of motor vehicle" means the classification
21	23		of a motor vehicle as one of the following:
22	24		(A) a passenger car or a truck, including a
23	25		pickup truck, van, panel delivery truck, or a carryall truck, with a
24	26		gross vehicle weight rating of 14,000 pounds or less that is used
25	27		primarily to transport persons or property;
26	28		(B) a motorcycle or motor-driven cycle, which
27	29		includes:
28	30		(i) an all-terrain vehicle, as defined by
29	31		Section 502.001, Transportation Code;
30	32		(ii) a recreational off-highway vehicle, as
31	33		defined by Section 502.001, Transportation Code;
32	34		(iii) an autocycle, as defined by Section
33	35		501.008, Transportation Code;
34	36		(iv) a moped, as defined by Section
35	37		541.201, Transportation Code;
36	38		(v) a motorcycle, as defined by Section
37	39		541.201, Transportation Code; or
38	40		(vi) a motor-driven cycle, as defined by
39	41		Section 541.201, Transportation Code;
40	42		(C) an engine, transmission, or rear axle, as
41	43		described by Section 2301.002(23)(C);
42	44		(D) a medium-duty or heavy-duty truck with a
43	45		gross vehicle weight rating of more than 14,000 pounds;
44	46		(E) a bus, as defined by Section 541.201,
45	47		Transportation Code;
46	48		(F) a road tractor or truck tractor, as defined
47	49		by Section 541.201, Transportation Code;
48	50		(G) a firefighting vehicle; or
49	51		(H) a recreational vehicle, which includes:
50	52		(i) a motor home;
51	53		(ii) a towable recreational vehicle;
52	54		(iii) a travel trailer, as defined by
53	55		Section 501.002, Transportation Code; or
54	56		(iv) a house trailer, as defined by Section
55	57		501.002, Transportation Code.
56	58		(b) For purposes of Subsection (a)(1)(B)(ii) [(a)(2)(B)], a
57	59		person is controlled by a manufacturer if the manufacturer is
58	60		directly or indirectly authorized, by law or by agreement of the
59	61		parties, to direct or influence the person's management and
60	62		policies.
61	63		(c) Except as provided by this section, a manufacturer or
62	64		distributor may not directly or indirectly:
63	65		(1) own an interest in:
64	66		(A) a franchised dealer or dealership, as defined
65	67		by Sections 2301.002(16) and (8), respectively, for the same type
66	68		of motor vehicle that:
67	69		(i) the manufacturer manufactures or
68	70		distributes; or
69	71		(ii) the distributor distributes; or
70	72		(B) a nonfranchised dealer or dealership;
71	73		(2) operate or control:
72	74		(A) a franchised dealer or dealership, as defined
73	75		by Sections 2301.002(16) and (8), respectively, for the same type
74	76		of motor vehicle that:
75	77		(i) the manufacturer manufactures or
76	78		distributes; or
77	79		(ii) the distributor distributes; or
78	80		(B) a nonfranchised dealer or dealership; or
79	81		(3) act in the capacity of:
80	82		(A) a franchised dealer or dealership, as defined
81	83		by Sections 2301.002(16) and (8), respectively, for the same type
82	84		of motor vehicle that:
83	85		(i) the manufacturer manufactures or
84	86		distributes; or
85	87		(ii) the distributor distributes; or
86	88		(B) a nonfranchised dealer.
87	89		SECTION 2. This Act takes effect September 1, 2019.
88		-	______________________________ ______________________________
89		-	President of the Senate Speaker of the House
90		-	I hereby certify that S.B. No. 1415 passed the Senate on
91		-	April 23, 2019, by the following vote: Yeas 30, Nays 1.
92		-	______________________________
93		-	Secretary of the Senate
94		-	I hereby certify that S.B. No. 1415 passed the House on May
95		-	17, 2019, by the following vote: Yeas 142, Nays 0, two present not
96		-	voting.
97		-	______________________________
98		-	Chief Clerk of the House
99		-	Approved:
100		-	______________________________
101		-	Date
102		-	______________________________
103		-	Governor