88R12116 BEE-D
 
  By: Nichols S.B. No. 1344
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the advertising of certain used motor vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 2301, Occupations Code, is
  amended by adding Section 2301.364 to read as follows:
         Sec. 2301.364.  ADVERTISING BY DEALERS OF CERTAIN USED MOTOR
  VEHICLES. (a) Notwithstanding any other law, a dealer may
  advertise for sale a specific used motor vehicle that is not in the
  possession of the dealer at the time the advertisement is placed if
  the advertisement:
               (1)  clearly and conspicuously discloses that the
  vehicle is not in the possession of the dealer;
               (2)  states that the motor vehicle may be obtained
  within a reasonable time from the manufacturer, the distributor, a
  manufacturer- or distributor-affiliated financial institution, or
  a licensed motor vehicle auction; and
               (3)  includes the vehicle identification number of the
  specific motor vehicle, if the price of the vehicle is advertised.
         (b)  A dealer may include in an advertisement under this
  section a statement indicating that a vehicle may be subject to
  prior sale and that a consumer should contact the dealer for
  availability and final pricing.
         SECTION 2.  This Act takes effect September 1, 2023.