Enrolled Bill Summary

            Senate Bill 1504 amends provisions of the Occupations Code relating to the regulation of motor vehicle sales and the powers and duties of the Motor Vehicle Board. The bill makes the information contained in an application for a license to sell or lease motor vehicles confidential and not open to public inspection, except in judicial or administrative proceedings. It allows a person, under certain conditions, to operate a motor vehicle dealership while the person's license application is pending. The bill authorizes a motor vehicle manufacturer or distributor to own an interest in a dealer who primarily rents motor vehicles and who sells only motor vehicles the dealer owns and has taken from service in the dealer's rental fleet, or that the dealer accepts in trade as part of the sale of a motor vehicle taken from service in the dealer's rental fleet.

            Senate Bill 1504 requires that the notification of a person who resides outside of the United States of a contested hearing on the revocation or suspension of a manufacturers or distributors license or a denial of a dealership license must be given by registered mail, return receipt requested, or a private carrier who offers confirmation of delivery. It defines the terms "ambulance manufacturer" and "fire-fighting vehicle manufacturer" and provides that the make of an ambulance is that of the ambulance manufacturer and the make of a fire-fighting vehicle is that of the fire-fighting vehicle manufacturer.

Reason Given for Veto:  "Senate Bill No. 1504 as engrossed was acceptable, but a problematic amendment would impede access to public records. The bill would limit access to information in an application for a license to operate a motor vehicle dealership from disclosure under the Public Information Act. The owner's name, business address, and phone number should be available to the public. Personal addresses and phone numbers should be protected. These records could only be disclosed in a judicial or administrative proceeding in accordance with a lawful subpoena.

Restricted access to these records would hinder the filing of legitimate consumer complaints against vehicle dealerships."