Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Janek H.B. No. 2240
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to boats and outboard motors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Amend Section 3(d), Chapter 479, Acts of the 72nd
1-5 Legislature, Regular Session, 1991 (Article 8911, Vernon's Texas
1-6 Civil Statutes), as follows:
1-7 (d) In this section, "good cause" means good cause in the
1-8 public interest for a termination or noncontinuance upon balancing
1-9 all existing circumstances including, without limitation, the
1-10 following: the dealer's sales in relation to the sales in the
1-11 market, the dealer's investment, capital and obligations, injury to
1-12 the public welfare, adequacy of the dealer's service facilities,
1-13 equipment, parts and personnel compared to other dealer's of the
1-14 same line make, whether warranties are being honored by the dealer,
1-15 compliance with the dealer agreement and enforceability of the
1-16 dealer agreement from a public policy standpoint, including without
1-17 limitation, issues of the reasonableness of the agreement's terms,
1-18 oppression, adhesion and the relative bargaining power of the
1-19 parties. Good cause shall not be shown solely by the desire of the
1-20 manufacturer for market penetration or the fact that the dealer
1-21 holds an agreement involving another line, make or brand of new
1-22 boat or outboard motor. [does not include the fact that a dealer
1-23 holds a dealer agreement involving another line, make, or brand of
1-24 new boat or new outboard motor. Good cause is not required in the
2-1 case of nonrenewal of a dealer agreement except for an agreement
2-2 for which the original term of the agreement is for a period of
2-3 less than one year.]
2-4 SECTION 2. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.