By Alexander                                          H.B. No. 1665
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the duties and authority of the Texas Motor Vehicle
 1-3     Board and to the regulation of the sale of motor vehicles.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1.03, Texas Motor Vehicle Commission Code
 1-6     (Article 4413(36), Vernon's Texas Civil Statutes), is amended to
 1-7     read as follows:
 1-8           Sec. 1.03.  DEFINITIONS. In this Act:
 1-9                 (1)  "Ambulance" means a vehicle used exclusively for
1-10     providing emergency medical care to an injured or ill person or
1-11     transporting an injured or ill person, if the vehicle provides:
1-12                       (A)  a driver's compartment;
1-13                       (B)  a compartment to accommodate an emergency
1-14     medical care technician or paramedic and two injured or ill persons
1-15     so positioned that one of the injured or ill persons can be given
1-16     intensive life-support during transit;
1-17                       (C)  equipment and supplies for emergency care of
1-18     an injured or ill person where the ill person is located or at the
1-19     scene of an injury-producing incident as well as in transit;
1-20                       (D)  two-way radio communication capability; and
1-21                       (E)  equipment for light rescue or extrication
1-22     procedures.
 2-1                 (2)  "Board" means the Motor Vehicle Board of the Texas
 2-2     Department of Transportation.
 2-3                 (3)  "Broker" means a person who, for a fee,
 2-4     commission, or other valuable consideration, arranges or offers to
 2-5     arrange a transaction involving the sale of a new motor vehicle,
 2-6     and who is not:
 2-7                       (A)  a franchised dealer or bona fide employee of
 2-8     a franchised dealer when acting on behalf of a franchised dealer;
 2-9                       (B)  a representative or bona fide employee of a
2-10     representative when acting on behalf of a representative;
2-11                       (C)  a distributor or bona fide employee of a
2-12     distributor when acting on behalf of a distributor; or
2-13                       (D)  at any point in the transaction the bona
2-14     fide owner of the vehicle involved in the transaction.
2-15                 (4)  "Chassis manufacturer" means a person who
2-16     manufactures and produces the frame upon which is mounted the body
2-17     of a motor vehicle.
2-18                 (5)  "Conversion" means a motor vehicle, other than a
2-19     motor home, ambulance, or fire-fighting vehicle, which has been
2-20     substantially modified by a person other than the manufacturer or
2-21     distributor of the chassis of the motor vehicle and which has not
2-22     been the subject of a retail sale.
2-23                 (6)  "Converter" means a person who prior to the retail
2-24     sale of a motor vehicle, assembles, installs, or affixes a body,
2-25     cab, or special equipment to a chassis, or who substantially adds,
2-26     subtracts from, or modifies a previously assembled or manufactured
 3-1     motor vehicle other than a motor home.
 3-2                 (7)  "Dealer" means a person who holds a general
 3-3     distinguishing number issued by the Department pursuant to the
 3-4     terms of Chapter 503, Transportation Code.
 3-5                 (8)  "Dealership" means the physical premises and
 3-6     business facilities on which a franchised dealer operates his
 3-7     business, including the sale and repair of motor vehicles.  The
 3-8     term includes premises or facilities at which a person engages only
 3-9     in the repair of motor vehicles if repairs are performed pursuant
3-10     to the terms of a franchise and a motor vehicle manufacturer's
3-11     warranty.
3-12                 (9)  "Department" means the Texas Department of
3-13     Transportation.
3-14                 (10)  "Director" means the director of the board.
3-15                 (11)  "Distributor" means any person who distributes
3-16     and/or sells new motor vehicles to franchised dealers and who is
3-17     not a manufacturer.
3-18                 (12)  "Executive Director" means the Executive Director
3-19     of the Texas Department of Transportation.
3-20                 (13)  "Fire-fighting vehicle" means a motor vehicle
3-21     which has as its sole purpose transporting fire fighters to the
3-22     scene of a fire and providing equipment to fight the fire, if the
3-23     vehicle is built on a truck chassis with a gross carrying capacity
3-24     of at least 10,000 pounds, to which the following have been
3-25     permanently affixed or mounted:
3-26                       (A)  a water tank with a minimum combined
 4-1     capacity of 500 gallons; and
 4-2                       (B)  a centrifugal water pump with a minimum
 4-3     capacity of not less than 750 gallons per minute at 150 pounds per
 4-4     square inch net pump pressure.
 4-5                 (14)  "Franchise" means one or more contracts between a
 4-6     franchised dealer as franchisee, and either a manufacturer or a
 4-7     distributor as franchisor under which (A) the franchisee is granted
 4-8     the right to sell and service new motor vehicles manufactured or
 4-9     distributed by the franchisor or only service motor vehicles
4-10     pursuant to the terms of a franchise and a manufacturer's warranty;
4-11     (B) the franchisee as an independent business is a component of
4-12     franchisor's distribution system; (C) the franchisee is
4-13     substantially associated with franchisor's trademark, tradename and
4-14     commercial symbol; (D) the franchisee's business is substantially
4-15     reliant on franchisor for a continued supply of motor vehicles,
4-16     parts, and accessories for the conduct of its business; or (E) any
4-17     right, duty, or obligation granted or imposed by this Act is
4-18     affected.  The term includes a written communication from a
4-19     franchisor to a franchisee by which a duty is imposed on the
4-20     franchisee.
4-21                 (15)  "Franchised dealer" means any person who holds a
4-22     franchised motor vehicle dealer's license [general distinguishing
4-23     number] issued by the Department pursuant to the terms of Chapter
4-24     503, Transportation Code, and who is engaged in the business of
4-25     buying, selling, or exchanging new motor vehicles and servicing or
4-26     repairing motor vehicles pursuant to the terms of a franchise and a
 5-1     manufacturer's warranty at an established and permanent place of
 5-2     business pursuant to a franchise in effect with a manufacturer or
 5-3     distributor.
 5-4                 (16)  "General distinguishing number" means a dealer
 5-5     license issued by the Department pursuant to the terms of Chapter
 5-6     503, Transportation Code.
 5-7                 (17)  "Lease" means a transfer of the right to
 5-8     possession and use of a motor vehicle for a term in excess of 180
 5-9     days in return for consideration.
5-10                 (18)  "Lease facilitator" means a person, other than a
5-11     franchised dealer or a bona fide employee of a dealer, or a vehicle
5-12     lessor or a bona fide employee of a vehicle lessor, who:
5-13                       (A)  holds himself out to any person as a "motor
5-14     vehicle leasing company" or  "motor vehicle leasing agent" or uses
5-15     a similar title, for the purpose of soliciting or procuring a
5-16     person to enter into a contract or agreement to become the lessee
5-17     of a vehicle that is not, and will not be, titled in the name of
5-18     and registered to the lease facilitator; or
5-19                       (B)  otherwise solicits a person to enter into a
5-20     contract or agreement to become a lessee of a vehicle that is not,
5-21     and will not be, titled in the name of and registered to the lease
5-22     facilitator, or who is otherwise engaged in the business of
5-23     securing lessees or prospective lessees of motor vehicles that are
5-24     not, and will not be, titled in the name of and registered to the
5-25     facilitator.
5-26                 (19)  "Lessor" means a person who, pursuant to the
 6-1     terms of a lease, transfers to another person the right to
 6-2     possession and use of a motor vehicle titled in the name of the
 6-3     lessor.
 6-4                 (20)  "Licensee" means a person who holds a license or
 6-5     general distinguishing number issued by the Board under the terms
 6-6     of this Act or Chapter 503, Transportation Code.
 6-7                 (21)  "Manufacturer" means any person who manufactures
 6-8     or assembles new motor vehicles.
 6-9                 (22)  "Manufacturer's statement of origin" means a
6-10     certificate on a form prescribed by the Department showing the
6-11     original transfer of a new motor vehicle from the manufacturer to
6-12     the original purchaser.
6-13                 (23)  "Motor home" means a motor vehicle which is
6-14     designed to provide temporary living quarters and which:
6-15                       (A)  is built onto as an integral part of, or is
6-16     permanently attached to, a motor vehicle chassis; and
6-17                       (B)  contains at least four of the following
6-18     independent life support systems if each is permanently installed
6-19     and designed to be removed only for purposes of repair or
6-20     replacement and meets the standards of the American National
6-21     Standards Institute, Standards for Recreational Vehicles:
6-22                             (i)  a cooking facility with an on-board
6-23     fuel source;
6-24                             (ii)  a gas or electric refrigerator;
6-25                             (iii)  a toilet with exterior evacuation;
6-26                             (iv)  a heating or air conditioning system
 7-1     with an on-board power or fuel source separate from the vehicle
 7-2     engine;
 7-3                             (v)  a potable water supply system that
 7-4     includes at least a sink, a faucet, and a water tank with an
 7-5     exterior service supply connection;
 7-6                             (vi)  a 110-125 volt electric power supply.
 7-7                 (24)  "Motor home manufacturer" means a person other
 7-8     than the manufacturer of the chassis of a motor vehicle who, prior
 7-9     to the retail sale of the motor vehicle, performs modifications on
7-10     the chassis that result in the finished product being classified as
7-11     a motor home.
7-12                 (25)  "Motor vehicle" means:
7-13                       (A)  every fully self-propelled vehicle which has
7-14     as its primary purpose the transport of a person or persons, or
7-15     property, on a public highway, and having two or more wheels;
7-16                       (B)  every two or more wheeled fully
7-17     self-propelled, titled vehicle which has as its primary purpose the
7-18     transport of a person or persons or property and is not
7-19     manufactured for use on public streets, roads, or highways;
7-20                       (C)  an engine, transmission, or rear axle
7-21     manufactured for installation in a vehicle having as its primary
7-22     purpose the transport of a person or persons or property on a
7-23     public highway and having a gross vehicle weight rating of more
7-24     than 16,000 pounds, whether or not attached to a vehicle chassis;
7-25     or
7-26                       (D)  a towable recreational vehicle.
 8-1                 (26)  "New motor vehicle" means a motor vehicle which
 8-2     has not been the subject of a "retail sale" without regard to the
 8-3     mileage of the vehicle.
 8-4                 (27)  "Nonfranchised dealer" means a person who holds
 8-5     an independent motor vehicle dealer's general distinguishing number
 8-6     or a wholesale motor vehicle dealer's general distinguishing number
 8-7     issued by the Department pursuant to the terms of Chapter 503,
 8-8     Transportation Code.
 8-9                 (28)  "Party" means each person or agency named or
8-10     admitted as a party and whose legal rights, duties, or privileges
8-11     are to be determined by the board after an opportunity for
8-12     adjudicative hearing.
8-13                 (29)  "Person" means a natural person, partnership,
8-14     corporation, association, trust, estate, or any other legal entity.
8-15                 (30)  "Relocation" means the transfer of an existing
8-16     dealership operation to facilities at a different location,
8-17     including a transfer which results in a consolidation or dualing of
8-18     an existing dealer's operation.
8-19                 (31)  "Representative" means any person who is or acts
8-20     as an agent, employee or representative of a manufacturer,
8-21     distributor, or converter who performs any duties in this State
8-22     relating to promoting the distribution and/or sale of new motor
8-23     vehicles or contacts dealers in this State on behalf of a
8-24     manufacturer, distributor, or converter.
8-25                 (32)  "Retail sale" means the sale of a motor vehicle
8-26     except:
 9-1                       (A)  a sale in which the purchaser acquires a
 9-2     vehicle for the purpose of resale; or
 9-3                       (B)  a sale of a vehicle that is operated under
 9-4     and in accordance with  Section 503.061, Transportation Code.
 9-5                 (33)  "Rule" means a statement by the board of general
 9-6     and future applicability that implements, interprets, or prescribes
 9-7     law or policy or describes the organization or procedural practice
 9-8     requirements of the board.  The term includes the amendment or
 9-9     repeal of a prior rule, but does not include statements concerning
9-10     only the internal management of the board which do not affect the
9-11     rights of a person not connected with the board.
9-12                 (34)  "Towable recreational vehicle" means a
9-13     nonmotorized vehicle originally designed and manufactured for the
9-14     primary purpose of providing temporary human habitation in
9-15     conjunction with recreational, camping, or seasonal use and:
9-16                       (A)  is titled and registered with the Texas
9-17     Department of Transportation as a travel trailer through the county
9-18     tax assessor-collector;
9-19                       (B)  is permanently built on a single chassis;
9-20                       (C)  contains one or more life support systems;
9-21     and
9-22                       (D)  is designed to be towable by another motor
9-23     vehicle.
9-24                 (35)  "Transportation Commission" means the Texas
9-25     Transportation Commission of the Texas Department of
9-26     Transportation.
 10-1                (36)  "Warranty work" means parts, labor, and any other
 10-2    expenses incurred by a franchised dealer in complying with the
 10-3    terms of a manufacturer's or distributor's warranty.
 10-4          SECTION 2.  Sections 2.03(b) and (c), Texas Motor Vehicle
 10-5    Commission Code (Article 4413(36), Vernon's Texas Civil Statutes),
 10-6    are amended to read as follows:
 10-7          (b)  Except as provided by this section, the office of a
 10-8    member is automatically vacated and shall be filled as any other
 10-9    vacancy, if:
10-10                (1)  the member becomes a licensee under this Act;
10-11                (2)  the member acquires a substantial [an] interest in
10-12    a business that manufactures, distributes, converts, leases, or
10-13    sells motor vehicles; or
10-14                (3)  the member becomes an [officer,] employee[,] or
10-15    paid consultant of a trade association in the motor vehicle
10-16    industry; or
10-17                (4)  a person related to the member within the first
10-18    degree by consanguinity or affinity, as determined under Chapter
10-19    573, Government Code, becomes an [officer,] employee[,] or paid
10-20    consultant of a trade association in the motor vehicle industry,
10-21    becomes a licensee under this Act, or acquires a substantial [an]
10-22    interest in a business that manufactures, distributes, converts,
10-23    leases, or sells motor vehicles.
10-24          (c)  Notwithstanding the terms of Subsection (b) of this
10-25    section, the office of a member appointed to the board pursuant to
10-26    the terms of Section 2.02(b)(1) [2.02(c)(1)] of this Act is not
 11-1    vacated by virtue of the fact that the member, or a person related
 11-2    to the member within the first degree by consanguinity or affinity,
 11-3    as determined under Chapter 573, Government Code, subsequently
 11-4    acquires an interest in a dealership.
 11-5          SECTION 3.  Section 2.08(d), Texas Motor Vehicle Commission
 11-6    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 11-7    to read as follows:
 11-8          (d)  A member of the board appointed pursuant to the terms of
 11-9    Section 2.02(b) [2.02(c)] of this Act may not vote on an issue
11-10    involving a dispute in which both a dealer and a manufacturer are
11-11    named parties.
11-12          SECTION 4.  Section 2.12(c), Texas Motor Vehicle Commission
11-13    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
11-14    to read as follows:
11-15          (c)  With regard to each complaint filed by the board for the
11-16    purpose of enforcing this Act [with the Commission], the board
11-17    [Commission] shall keep the following information:
11-18                (1)  the date the complaint is filed;
11-19                (2)  the name of the person filing the complaint;
11-20                (3)  the subject matter of the complaint;
11-21                (4)  a record of each person contacted in relation to
11-22    the complaint;
11-23                (5)  a summary of the results of the review or
11-24    investigation of the complaint; and
11-25                (6)  if the Commission takes no action on the
11-26    complaint, an explanation of the reasons that no action was taken.
 12-1          SECTION 5.  Section 3.01(a), Texas Motor Vehicle Commission
 12-2    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 12-3    to read as follows:
 12-4          (a)  The board has the [general] exclusive, [and] original
 12-5    [power and] jurisdiction to regulate all aspects of the
 12-6    distribution, sale, and leasing of motor vehicles as set forth in
 12-7    this Act and to do all things, whether specifically designated in
 12-8    this Act or implied herein, or necessary or convenient to the
 12-9    exercise of this power and jurisdiction, including the original
12-10    jurisdiction to determine questions of its own jurisdiction.  In
12-11    addition to the other duties placed on the board by this Act, the
12-12    board shall enforce and administer the terms of Chapter 503,
12-13    Transportation Code.
12-14          SECTION 6.  Section 3.03, Texas Motor Vehicle Commission Code
12-15    (Article 4413(36), Vernon's Texas Civil Statutes), is amended to
12-16    read as follows:
12-17          Sec. 3.03.  GENERAL BOARD [COMMISSION] POWERS. (a)  The board
12-18    [Commission] shall have and may, in its discretion and
12-19    notwithstanding any other provision of law that is inconsistent
12-20    with this Act, exercise the powers set forth in this Act, and shall
12-21    have all other powers necessary, incidental, or convenient to carry
12-22    out its duties and effectuate its express powers and duties.  These
12-23    powers and duties include the power to initiate and conduct
12-24    proceedings, investigations, and hearings, administer oaths,
12-25    receive evidence and pleadings, issue subpoenas to compel the
12-26    attendance of any person, order the production of any tangible
 13-1    property, including papers, records, and documents, make findings
 13-2    of fact on all factual issues arising out of any proceeding
 13-3    initiated under this Act, specify, govern, and control appearance,
 13-4    practice, and procedure before the Commission, issue rules,
 13-5    conclusions of law, decisions, including declaratory decisions or
 13-6    orders, enter into contracts or execute instruments, retain
 13-7    counsel, utilize the services of the Attorney General of the State
 13-8    of Texas and thereafter institute and direct the conduct of legal
 13-9    proceedings in any forum or obtain other professional services as
13-10    may be necessary and convenient, sanction for contempt, assess and
13-11    collect fees and costs including attorney's fees, issue, suspend,
13-12    and revoke licenses, prohibit and regulate acts and practices in
13-13    connection with the distribution and sale of motor vehicles and
13-14    warranty performance obligations, issue cease and desist orders in
13-15    the nature of temporary and permanent injunctions, and levy civil
13-16    penalties.  Notwithstanding other law, the board has the authority
13-17    to enter an order necessary to implement the terms of this Act.
13-18    The authority vested in the board by this section includes, without
13-19    limitation, the authority, when conducted pursuant to the terms of
13-20    this Act and other applicable law, to enter an order requiring that
13-21    a person:
13-22                (1)  pay money to the board or another person;
13-23                (2)  perform an act other than the payment of money; or
13-24                (3)  refrain from performing an act.
13-25          (b)  The board may conduct hearings in contested cases
13-26    brought pursuant to, and as provided by, Chapter 503,
 14-1    Transportation Code.  The procedures applicable to a hearing
 14-2    conducted under this Subsection, and the disposition of a final
 14-3    order after a hearing conducted under this Subsection, are those
 14-4    applicable to a hearing conducted as provided by Section 6.07(e)(2)
 14-5    of this Act.  A decision or final order issued under this
 14-6    Subsection is final, and no appeal may, as a matter of right, be
 14-7    made to the Texas Transportation Commission.  The board
 14-8    [department] may adopt rules applicable to procedures, hearings,
 14-9    and enforcement proceedings in an action brought pursuant to this
14-10    Subsection.
14-11          SECTION 7.  Section 3.05(a), Texas Motor Vehicle Commission
14-12    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
14-13    to read as follows:
14-14          (a)  Whenever the Board has reason to believe, through
14-15    receipt of a complaint or otherwise, that a violation of this Act
14-16    or a Board rule, order, or decision has occurred or is likely to
14-17    occur, the Board shall conduct an investigation unless it
14-18    determines that a complaint is frivolous or for the purpose of
14-19    harassment.  If the Board's investigation establishes that a
14-20    violation of this Act or a Board rule, order, or decision has
14-21    occurred or is likely to occur, the Board shall institute
14-22    proceedings as it deems appropriate to enforce this Act or its
14-23    rules, orders, and decisions.  Notwithstanding other provisions of
14-24    this Act, the board is not required to pay a filing fee when filing
14-25    a complaint or other enforcement action.
14-26          SECTION 8.  Section 4.01(a), Texas Motor Vehicle Commission
 15-1    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 15-2    to read as follows:
 15-3          (a)  Except as provided by this Section, no person shall
 15-4    engage in business as, serve in the capacity of, or act as a
 15-5    dealer, manufacturer, distributor, converter, representative,
 15-6    lessor, or lease facilitator in this State or perform or offer to
 15-7    perform repair services on a motor vehicle pursuant to the terms of
 15-8    a franchise and a motor vehicle manufacturer's warranty, whether or
 15-9    not the person sells or offers to sell motor vehicles at the same
15-10    location, without obtaining a license therefor as provided in this
15-11    Act and the rules of the board [Commission].  All new license
15-12    applications shall be reviewed and, in the discretion of the board
15-13    [Commission], investigated to determine compliance with the
15-14    provisions of this Act.  License renewals may be administratively
15-15    granted unless protested.  Licenses issued by the board
15-16    [Commission] shall expire one year from date of issuance.  All
15-17    licenses and renewals thereof are issued subject to all provisions
15-18    of this Act and rules of the board [Commission] in effect upon the
15-19    date of issuance as well as all future provisions of this Act and
15-20    rules which may become effective during the term of the license.  A
15-21    lessor or lease facilitator is not required to obtain a lessor or
15-22    lease facilitator license or pay a license fee under this code if
15-23    the lessor or lease facilitator is a state or federally chartered
15-24    financial institution or a regulated subsidiary of a state or
15-25    federally chartered financial institution.  A trust or other entity
15-26    that owns an interest in a lease and the vehicle that is the
 16-1    subject of the lease is not required to obtain a lessor license or
 16-2    lease facilitator license or pay a license fee with respect to a
 16-3    lease initiated, managed, serviced, and administered by a licensed
 16-4    lessor.  A franchised dealer licensed under this code is not
 16-5    required to obtain a lessor or lease facilitator license or pay a
 16-6    license fee under this code to engage in the business of leasing
 16-7    motor vehicles, including new motor vehicles, that the dealer is
 16-8    licensed to sell.  The board may issue a duplicate license for any
 16-9    other license it issues, charge a fee for the issuance of a
16-10    duplicate license, and adopt rules applicable to the issuance of a
16-11    duplicate license.
16-12          SECTION 9.  Section 4.03(c), Texas Motor Vehicle Commission
16-13    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
16-14    to read as follows:
16-15          (c)  Each application for a manufacturer's license shall
16-16    include an instrument setting forth the terms and conditions of all
16-17    warranty agreements in force and effect on the products it sells in
16-18    this State so that the board [Commission] may ascertain the degree
16-19    of protection afforded the retail purchasers of its products and
16-20    the obligations of its franchised dealers in connection therewith
16-21    as well as the basis for compensating its franchised dealers for
16-22    labor, parts and other expenses incurred in connection with such
16-23    manufacturer's warranty agreements.  Each application shall include
16-24    a statement regarding the manufacturer's compliance with Sections
16-25    5.02A, 5.02B, and 5.02C [Section 5.02] of this Act.  In addition,
16-26    each manufacturer's license application shall specify the delivery
 17-1    and preparation obligations of its franchised dealers prior to
 17-2    delivery of a new motor vehicle to a retail purchaser and the
 17-3    schedule of compensation to be paid to its franchised dealers for
 17-4    the work and service performed by them in connection with such
 17-5    delivery.
 17-6          SECTION 10.  Section 4.05(a), Texas Motor Vehicle Commission
 17-7    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 17-8    to read as follows:
 17-9          (a)  The annual license fees for licenses issued hereunder
17-10    shall be as follows:
17-11                (1)  For each manufacturer and distributor, $900 plus
17-12    $20 for each individual dealer franchised by the manufacturer or
17-13    distributor.
17-14                (2)  For each franchised dealer who sold 200 or fewer
17-15    new motor vehicles during the preceding calendar year, $175.
17-16                (3)  For each franchised dealer who sold more than 200,
17-17    but not more than 400, new motor vehicles during the preceding
17-18    calendar year, $275.
17-19                (4)  For each franchised dealer who sold more than 400,
17-20    but not more than 800, new motor vehicles during the preceding
17-21    calendar year, $400.
17-22                (5)  For each franchised dealer who sold more than 800
17-23    but not more than 1,200 new motor vehicles during the preceding
17-24    calendar year, $500.
17-25                (6)  For each franchised dealer who sold more than
17-26    1,200 but not more than 1,600 new motor vehicles during the
 18-1    preceding calendar year, $625.
 18-2                (7)  For each franchised dealer who sold more than
 18-3    1,600 new motor vehicles during the preceding calendar year, $750.
 18-4                (8)  For each location separate from his dealership at
 18-5    which a franchised dealer offers no motor vehicle for sale, but
 18-6    performs warranty service on vehicles the dealer is franchised and
 18-7    licensed to sell, $100.
 18-8                (9)  For each amendment to a [dealer's] license, $25.
 18-9                (10)  For each representative, $100.
18-10                (11)  For each converter, $375.
18-11                (12)  For each lessor who leased 200 or fewer motor
18-12    vehicles during the preceding calendar year, $175.
18-13                (13)  For each lessor who leased more than 200 but not
18-14    more than 400 motor vehicles during the preceding calendar year,
18-15    $275.
18-16                (14)  For each lessor who leased more than 400 but not
18-17    more than 800 motor vehicles during the preceding calendar year,
18-18    $400.
18-19                (15)  For each lessor who leased more than 800 but not
18-20    more than 1,200 motor vehicles during the preceding calendar year,
18-21    $500.
18-22                (16)  For each lessor who leased more than 1,200 but
18-23    not more than 1,600 motor vehicles during the preceding calendar
18-24    year, $625.
18-25                (17)  For each lessor who leased more than 1,600 motor
18-26    vehicles during the preceding calendar year, $750.
 19-1                (18)  For each lease facilitator, $375.
 19-2                (19)  For each duplicate license, $50.
 19-3          SECTION 11.  Section 4.06(a), Texas Motor Vehicle Commission
 19-4    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 19-5    to read as follows:
 19-6          (a)  The board may deny an application for a license, revoke
 19-7    or suspend an outstanding license, or place on probation a person
 19-8    whose license has been suspended, or reprimand a licensee, for any
 19-9    of the following reasons:
19-10                (1)  Unfitness of an applicant or licensee under
19-11    standards set out in this Act or in board rules.
19-12                (2)  Material misrepresentation in any application or
19-13    other information filed under this Act or board rules.
19-14                (3)  Failure to comply with this Act or any board rule
19-15    or order promulgated by the board.
19-16                (4)  Failure to maintain the qualifications for a
19-17    license.
19-18                (5)  Willfully defrauding any [retail] buyer.
19-19                (6)  Violation of any law relating to the sale,
19-20    distribution, financing, or insuring of motor vehicles.
19-21                (7)  Any act or omission by an officer, director,
19-22    partner, trustee, or other person acting in a representative
19-23    capacity for a licensee which act or omission would be cause for
19-24    denying, revoking, or suspending a license to an individual
19-25    licensee.
19-26                (8)  Failure to fulfill written agreements between the
 20-1    licensee and a retail buyer of a motor vehicle.
 20-2          SECTION 12.  Section 5.02(b), Texas Motor Vehicle Commission
 20-3    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 20-4    to read as follows:
 20-5          (b)  It is unlawful for any manufacturer, distributor, or
 20-6    representative to:
 20-7                (1)  Require or attempt to require any dealer to order,
 20-8    accept delivery of or pay anything of value, directly or
 20-9    indirectly, for any motor vehicle, appliance, part, accessory or
20-10    any other commodity unless voluntarily ordered or contracted for by
20-11    such dealer.
20-12                (2)  Refuse or fail to deliver, in reasonable
20-13    quantities and within a reasonable time, to a dealer having a
20-14    franchise agreement for the retail sale of any motor vehicles sold
20-15    or distributed by such manufacturer, distributor, or
20-16    representative, any new motor vehicle or parts or accessories to
20-17    new motor vehicles as are covered by such franchise if such
20-18    vehicle, parts or accessories are publicly advertised as being
20-19    available for delivery or are actually being delivered; provided,
20-20    however, this provision is not violated if such failure is caused
20-21    by acts of God, work stoppage or delays due to strikes or labor
20-22    disputes, freight embargoes or other causes beyond the control of
20-23    the manufacturer, distributor, or representative.
20-24                (3)  Notwithstanding the terms of any franchise
20-25    agreement:
20-26                      (A)  Terminate or refuse to continue any
 21-1    franchise with a dealer or directly or indirectly force or attempt
 21-2    to force a dealer to relocate or discontinue a line-make or parts
 21-3    or products related to that line-make unless all of the following
 21-4    conditions are met:
 21-5                            (i)  the dealer and the board have received
 21-6    written notice by registered or certified mail from the
 21-7    manufacturer, distributor, or representative not less than 60 days
 21-8    before the effective date of termination or noncontinuance setting
 21-9    forth the specific grounds for termination or noncontinuance; and
21-10                            (ii)  the written notice contains on the
21-11    first page thereof a conspicuous statement which reads as follows:
21-12    "NOTICE TO DEALER:  YOU MAY BE ENTITLED TO FILE A PROTEST WITH THE
21-13    TEXAS MOTOR VEHICLE BOARD IN AUSTIN, TEXAS, AND HAVE A HEARING IN
21-14    WHICH YOU MAY PROTEST THE PROPOSED TERMINATION OR NONCONTINUANCE OF
21-15    YOUR FRANCHISE UNDER THE TERMS OF THE TEXAS MOTOR VEHICLE
21-16    COMMISSION CODE IF YOU OPPOSE THIS ACTION."; and
21-17                            (iii)  the manufacturer, distributor, or
21-18    representative has received the informed, written consent of the
21-19    affected dealer or the appropriate period for the affected dealer
21-20    to protest the proposed franchise termination or noncontinuance has
21-21    lapsed; or
21-22                            (iv)  if the affected dealer files a
21-23    protest with the board within the greater of (1) 60 days after
21-24    receiving its 60-day notice of proposed termination or
21-25    noncontinuance or (2) the time specified in such notice, the board
21-26    determines that the party seeking to terminate or not continue a
 22-1    dealer's franchise has established by a preponderance of the
 22-2    evidence, at a hearing called by the board, that there is good
 22-3    cause for the proposed termination or noncontinuance.
 22-4                            (v)  Notwithstanding Subdivisions (3)(A)(i)
 22-5    and (3)(A)(iv) of this section, notice may be made not less than 15
 22-6    days prior to the effective date of termination or noncontinuance
 22-7    if a licensed dealer fails to conduct its customary sales and
 22-8    service operations during its customary business hours for seven
 22-9    consecutive business days unless such failure is caused by an act
22-10    of God, work stoppage or delays due to strikes or labor disputes,
22-11    an order of the board, or other causes beyond the control of the
22-12    dealer.
22-13                      (B)  Whenever a dealer files a timely protest to
22-14    a proposed franchise termination or noncontinuance, the board shall
22-15    notify the party seeking to terminate or to not continue the
22-16    protesting dealer's franchise that a timely protest has been filed,
22-17    that a hearing is required in accordance with this Act, and that
22-18    the party who gave the dealer notice of termination or
22-19    noncontinuance of the franchise may not terminate or refuse to
22-20    continue the franchise until the board issues its final decision or
22-21    order.
22-22                      (C)  If a franchise is terminated or not
22-23    continued, another franchise in the same line-make will be
22-24    established within a reasonable time unless it is shown to the
22-25    board by a preponderance of the evidence that the community or
22-26    trade area cannot reasonably support such a dealership.  If this
 23-1    showing is made, no dealer license shall be thereafter issued in
 23-2    the same area unless a change in circumstances is established.
 23-3                (4)  Notwithstanding the terms of any franchise
 23-4    agreement, modify or replace a franchise if the modification or
 23-5    replacement would adversely affect, to a substantial degree, the
 23-6    dealer's sales, investment, or obligations to provide service to
 23-7    the public, unless the manufacturer, distributor, or representative
 23-8    has first given the board and each affected dealer written notice
 23-9    by registered or certified mail of any such action 60 days in
23-10    advance of the modification or replacement.  The written notice
23-11    shall contain on the first page thereof a conspicuous statement
23-12    which reads as follows:  "NOTICE TO DEALER:  YOU MAY BE ENTITLED TO
23-13    FILE A PROTEST WITH THE TEXAS MOTOR VEHICLE BOARD IN AUSTIN, TEXAS,
23-14    AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE PROPOSED
23-15    MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE TERMS OF
23-16    THE TEXAS MOTOR VEHICLE COMMISSION CODE IF YOU OPPOSE THIS ACTION."
23-17    Within the greater of (1) 60 days after receipt of such notice or
23-18    (2) the time specified in such notice, a dealer may file a protest
23-19    with the board and the modification or replacement shall not become
23-20    effective unless and until the board determines that the party
23-21    seeking to modify or replace a franchise has demonstrated by a
23-22    preponderance of the evidence that there is good cause for the
23-23    modification or replacement.  The prior franchise shall continue in
23-24    effect until the protest is resolved by the board.
23-25                (5)  Notwithstanding the terms of any franchise
23-26    agreement, in determining whether good cause has been established
 24-1    for modifying, replacing, terminating, or refusing to continue a
 24-2    franchise, or for forcing or attempting to force a dealer to
 24-3    relocate or discontinue a line-make or parts or products related to
 24-4    that line-make, the board shall consider all the existing
 24-5    circumstances including, without limitation by the enumeration
 24-6    herein, all the following:
 24-7                      (A)  the dealer's sales in relation to the sales
 24-8    in the market;
 24-9                      (B)  the dealer's investment and obligations;
24-10                      (C)  injury or benefit to the public;
24-11                      (D)  the adequacy of the dealer's service
24-12    facilities, equipment, parts, and personnel in relation to those of
24-13    other dealers of new motor vehicles of the same line-make;
24-14                      (E)  whether warranties are being honored by the
24-15    dealer;
24-16                      (F)  the parties' compliance with their franchise
24-17    agreement except to the extent that the franchise agreement is in
24-18    conflict with this Act; and
24-19                      (G)  the enforceability of the franchise
24-20    agreement from a public policy standpoint, including, without
24-21    limitation, issues of the reasonableness of the franchise
24-22    agreement's terms, oppression, adhesion, and the relative
24-23    bargaining power of the parties.
24-24          Good cause shall not be shown solely by the desire of a
24-25    manufacturer, distributor, or representative for market
24-26    penetration.
 25-1                (6)  Use any false, deceptive or misleading
 25-2    advertising.
 25-3                (7)  Notwithstanding the terms of any franchise
 25-4    agreement, prevent any dealer from reasonably changing the capital
 25-5    structure of his dealership or the means by or through which he
 25-6    finances the operation thereof, provided that the dealer meets
 25-7    reasonable capital requirements.
 25-8                (8)  Notwithstanding the terms of any franchise
 25-9    agreement, fail to give effect to or attempt to prevent any sale or
25-10    transfer of a dealer, dealership or franchise or interest therein
25-11    or management thereof except as provided by Section 5.01B.
25-12                (9)  Notwithstanding the terms of any franchise
25-13    agreement, require or attempt to require that a dealer assign to or
25-14    act as an agent for any manufacturer, distributor or representative
25-15    in the securing of promissory notes and security agreements given
25-16    in connection with the sale or purchase of new motor vehicles or
25-17    the securing of policies of insurance on or having to do with the
25-18    operation of vehicles sold.
25-19                (10)  Notwithstanding the terms of any franchise
25-20    agreement, fail or refuse, after complaint and hearing, to perform
25-21    the obligations placed on the manufacturer in connection with the
25-22    delivery, preparation and warranty of a new motor vehicle as
25-23    provided in the manufacturer's warranty, preparation, and delivery
25-24    agreements on file with the board.
25-25                (11)  Notwithstanding the terms of any franchise
25-26    agreement or provision of law in conflict with this section, the
 26-1    dealer's delivery, preparation, and warranty obligations as filed
 26-2    with the board shall constitute the dealer's sole responsibility
 26-3    for product liability as between the dealer and manufacturer or
 26-4    distributor, and, except for a loss caused by the dealer's failure
 26-5    to adhere to these obligations, a loss caused by the dealer's
 26-6    negligence or intentional misconduct, or a loss caused by the
 26-7    dealer's modification of a product without manufacturer or
 26-8    distributor authorization, the manufacturer or distributor shall
 26-9    reimburse the dealer for all loss incurred by the dealer, including
26-10    legal fees, court costs, and damages, as a result of the dealer
26-11    having been named a party in a product liability action.
26-12                (12)  Operate as a manufacturer, distributor, or
26-13    representative without a currently valid license from the board or
26-14    otherwise violate this Act or rules promulgated by the board
26-15    hereunder.
26-16                (13)  Notwithstanding the terms of any franchise
26-17    agreement, to prevent or refuse to honor the succession to a
26-18    dealership by any legal heir or devisee under the will of a dealer
26-19    or under the laws of descent and distribution of this State unless
26-20    it is shown to the board, after notice and hearing, that the result
26-21    of such succession will be detrimental to the public interest and
26-22    to the representation of the manufacturer or distributor; provided,
26-23    however, nothing herein shall prevent a dealer, during his
26-24    lifetime, from designating any person as his successor dealer, by
26-25    written instrument filed with the manufacturer or distributor.
26-26                (14)  Notwithstanding the terms of any franchise
 27-1    agreement, require that a dealer pay or assume, directly or
 27-2    indirectly, any part of any refund, rebate, discount, or other
 27-3    financial adjustment made by the manufacturer, distributor, or
 27-4    representative to, or in favor of, any customer of a dealer, unless
 27-5    voluntarily agreed to by such dealer.
 27-6                (15)  Notwithstanding the terms of any franchise
 27-7    agreement, deny or withhold approval of a written application to
 27-8    relocate a franchise unless (A)  the applicant has received written
 27-9    notice of the denial or withholding of approval within 60 days
27-10    after receipt of the application containing information reasonably
27-11    necessary to enable the manufacturer or distributor to adequately
27-12    evaluate the application, and if (B) the applicant files a protest
27-13    with the board and the manufacturer or distributor establishes by a
27-14    preponderance of the evidence at a hearing called by the board that
27-15    the grounds for the denial or withholding of approval of the
27-16    relocation are reasonable.
27-17                (16)  Notwithstanding the terms of any franchise
27-18    agreement, fail to pay to a dealer or any lienholder in accordance
27-19    with their respective interest after the termination of a
27-20    franchise:
27-21                      (A)  the dealer cost of each new motor vehicle in
27-22    the dealer's inventory with mileage of 6,000 miles or less,
27-23    exclusive of mileage placed on the motor vehicle before it was
27-24    delivered to the dealer, reduced by the net discount value of each,
27-25    where "net discount value" is determined according to the following
27-26    formula:  net cost multiplied by total mileage, exclusive of
 28-1    mileage placed on the motor vehicle before it was delivered to the
 28-2    dealer, divided by 100,000, and where "net cost" equals the dealer
 28-3    cost plus any charges by the manufacturer, distributor, or
 28-4    representative for distribution, delivery, and taxes, less all
 28-5    allowances paid to the dealer by the manufacturer, distributor, or
 28-6    representative for new, unsold, undamaged, and complete motor
 28-7    vehicles of current model year or one year prior model year in the
 28-8    dealer's inventory, except that if a vehicle cannot be reduced by
 28-9    the net discount value, the manufacturer or distributor shall pay
28-10    the dealer the net cost of the vehicle;
28-11                      (B)  the dealer cost of each new, unused,
28-12    undamaged, and unsold part or accessory if the part or accessory is
28-13    in the current parts catalogue and is still in the original,
28-14    resalable merchandising package and in unbroken lots, except that
28-15    in the case of sheet metal, a comparable substitute for the
28-16    original package may be used, and if the part or accessory was
28-17    purchased by the dealer either directly from the manufacturer or
28-18    distributor or from an outgoing authorized dealer as a part of the
28-19    dealer's initial inventory;
28-20                      (C)  the fair market value of each undamaged sign
28-21    owned by the dealer which bears a trademark or tradename used or
28-22    claimed by the manufacturer, distributor, or representative if the
28-23    sign was purchased from or purchased at the request of the
28-24    manufacturer, distributor, or representative;
28-25                      (D)  the fair market value of all special tools,
28-26    data processing equipment, and automotive service equipment owned
 29-1    by the dealer which were recommended in writing and designated as
 29-2    special tools and equipment and purchased from or purchased at the
 29-3    request of the manufacturer, distributor, or representative, if the
 29-4    tools and equipment are in usable and good condition except for
 29-5    reasonable wear and tear;
 29-6                      (E)  the cost of transporting, handling, packing,
 29-7    storing, and loading of any property subject to repurchase under
 29-8    this section;
 29-9                      (F)  except as provided by this subdivision, any
29-10    sums due as provided by Paragraph (A) of this subdivision within 60
29-11    days after termination of a franchise and any sums due as provided
29-12    by Paragraphs (B) through (E) of this subdivision within 90 days
29-13    after termination of a franchise.  As a condition of payment, the
29-14    dealer is to comply with reasonable requirements with respect to
29-15    the return of inventory as are set out in the terms of the
29-16    franchise agreement.  A manufacturer or distributor shall reimburse
29-17    a dealer for the dealer's cost for storing any property covered by
29-18    this subdivision beginning 90 days following termination.  A
29-19    manufacturer or distributor shall reimburse a dealer for the
29-20    dealer's cost of storing any property covered by this subdivision
29-21    before the expiration of 90 days from the date of termination if
29-22    the dealer notifies the manufacturer or distributor of the
29-23    commencement of storage charges within that period.  On receipt of
29-24    notice of the commencement of storage charges, a manufacturer or
29-25    distributor may immediately take possession of the property in
29-26    question by repurchasing the property as provided by this
 30-1    subdivision.  A manufacturer, distributor, or representative who
 30-2    fails to pay those sums within the prescribed time or at such time
 30-3    as the dealer and lienholder, if any, proffer good title prior to
 30-4    the prescribed time for payment, is liable to the dealer for:
 30-5                            (i)  the greatest of dealer cost, fair
 30-6    market value, or current price of the inventory;
 30-7                            (ii)  interest on the amount due calculated
 30-8    at the rate applicable to a judgment of a court; and
 30-9                            (iii)  reasonable attorney's fees and
30-10    costs.
30-11                (17)  Notwithstanding the terms of any franchise
30-12    agreement, change its distributor, its method of distribution of
30-13    its products in this state, or its business structure or ownership
30-14    in a manner that results in the termination or noncontinuance of a
30-15    franchise without good cause.  The manufacturer, distributor, or
30-16    representative shall issue the same notice to the dealer and to the
30-17    board as is provided in Subdivisions (3)(A) and (B) of this section
30-18    and said same procedures shall apply to the parties.
30-19                (18)  Notwithstanding the terms of any franchise
30-20    agreement, require a dealer to submit to arbitration on any issue
30-21    unless the dealer and the manufacturer, distributor, or
30-22    representative and their respective counsel agree to arbitrate
30-23    after a controversy arises.  The arbitrator shall apply the
30-24    provisions of this Act in resolving the pertinent controversy.
30-25    Either party may appeal to the board a decision of an arbitrator on
30-26    the ground that the arbitrator failed to apply this Act.
 31-1                (19)  Notwithstanding the terms of any franchise
 31-2    agreement, require that a dealer join, contribute to, or affiliate
 31-3    with, directly or indirectly, any advertising association.
 31-4                (20)  Notwithstanding the terms of a franchise
 31-5    agreement:
 31-6                      (A)  require adherence to unreasonable sales or
 31-7    service standards;
 31-8                      (B)  directly or indirectly, discriminate against
 31-9    a dealer or otherwise treat dealers differently as a result of a
31-10    formula or other calculation or process intended to gauge the
31-11    performance of a dealership;
31-12                      (C)  unreasonably require that a dealer purchase
31-13    special tools or equipment; or
31-14                      (D)  fail to compensate a dealer for all costs
31-15    incurred by the dealer as required by the manufacturer in complying
31-16    with the terms of a product recall by the manufacturer or
31-17    distributor, including the costs, if any, incurred by the dealer in
31-18    notifying vehicle owners of the existence of the recall.
31-19                (21)  Discriminate unreasonably between or among
31-20    franchisees in the sale of a motor vehicle owned by the
31-21    manufacturer or distributor.
31-22                (22)  Directly or indirectly, or through a subsidiary
31-23    or agent, require, as a condition for obtaining financing for a
31-24    motor vehicle, the purchaser of a vehicle to purchase any product
31-25    other than the motor vehicle from the manufacturer or distributor,
31-26    or from an entity owned or controlled by the manufacturer or
 32-1    distributor.
 32-2                (23)  Directly or indirectly, or through a subsidiary
 32-3    or agent, require, as a condition of its or its subsidiary's
 32-4    agreement to provide financing for a motor vehicle, that any
 32-5    insurance policy or service contract purchased by the motor vehicle
 32-6    purchaser be purchased from a specific source.
 32-7                (24)  Compel a dealer through a financing subsidiary of
 32-8    the manufacturer or distributor to agree to unreasonable operating
 32-9    requirements or directly or indirectly to terminate a dealer
32-10    through the actions of a financing subsidiary of the manufacturer
32-11    or distributor.  This subdivision does not limit the right of a
32-12    financing entity to engage in business practices in accordance with
32-13    the usage of trade in retail and wholesale motor vehicle financing.
32-14                (25)  Notwithstanding the terms of a franchise
32-15    agreement, deny or withhold approval of a dealer's application to
32-16    add a line-make or parts or products related to that line-make
32-17    unless, within 60 days of receipt of the dealer's written
32-18    application to add the line-make, the manufacturer or distributor
32-19    gives the dealer written notice of the denial or withholding of
32-20    approval.  After receipt of notice, the dealer may file a protest
32-21    with the board.  If the dealer files a protest as provided by this
32-22    subdivision, the board may uphold the manufacturer's or
32-23    distributor's decision to deny or withhold approval of the addition
32-24    of the line-make only if the manufacturer or distributor proves by
32-25    a preponderance of the evidence that the denial or withholding of
32-26    approval was reasonable.  In determining whether or not the
 33-1    manufacturer or distributor has met its burden to show that its
 33-2    denial or withholding of approval is reasonable, the board shall
 33-3    consider all existing circumstances, including, without limitation,
 33-4    the following:
 33-5                      (A)  the dealer's sales in relation to the sales
 33-6    in the market;
 33-7                      (B)  the dealer's investment and obligations;
 33-8                      (C)  injury or benefit to the public;
 33-9                      (D)  the adequacy of the dealer's sales and
33-10    service facilities, equipment, parts, and personnel in relation to
33-11    those of other dealers of new motor vehicles of the same line-make;
33-12                      (E)  whether warranties are being honored by the
33-13    dealer agreement;
33-14                      (F)  the parties' compliance with their franchise
33-15    agreement to the extent that the franchise agreement is not in
33-16    conflict with this Act;
33-17                      (G)  the enforceability of the franchise
33-18    agreement from a public policy standpoint, including without
33-19    limitation, issues of the reasonableness of the franchise
33-20    agreement's terms, oppression, adhesion, and the relative
33-21    bargaining power of the parties;
33-22                      (H)  whether the dealer complies with reasonable
33-23    capitalization requirements or will be able to comply with
33-24    reasonable capitalization requirements within a reasonable time;
33-25                      (I)  the harm, if any, to the manufacturer if the
33-26    denial or withholding of approval is not upheld; and
 34-1                      (J)  the harm, if any, to the dealer if the
 34-2    denial or withholding of approval is upheld.
 34-3                (26)  Fail or refuse to offer to its same line-make
 34-4    franchised dealers all models manufactured for that line-make, or
 34-5    require a dealer to pay any extra fee, purchase unreasonable
 34-6    advertising displays or other materials, or remodel, renovate, or
 34-7    recondition the dealer's existing facilities as a prerequisite to
 34-8    receiving a model or series of vehicles.
 34-9                (27)  Require a dealer to compensate the manufacturer
34-10    or distributor for any court costs, attorney's fees, or other
34-11    expenses incurred in an administrative or civil proceeding arising
34-12    under this Act, except that this subdivision does not prohibit a
34-13    manufacturer and dealer from entering into an agreement to share
34-14    costs in a proceeding in which the dealer and manufacturer have the
34-15    same or similar interests.
34-16          SECTION 13.  The Texas Motor Vehicle Commission Code (Article
34-17    4413(36), Vernon's Texas Civil Statutes), is amended by adding
34-18    Section 5.02D to read as follows:
34-19          Sec. 5.02D.  CERTAIN TIME LIMITS TOLLED UNDER CERTAIN
34-20    CIRCUMSTANCES. (a)  A time limit relating to board proceedings
34-21    imposed on the board or on a dealer by the terms of this Act is
34-22    tolled during the pendency of mandatory mediation proceedings
34-23    required by this Act or by a franchise agreement.
34-24          SECTION 14.  This Act takes effect immediately if it receives
34-25    a vote of two-thirds of all the members elected to each house, as
34-26    provided by Section 39, Article III, Texas Constitution.  If this
 35-1    Act does not receive the vote necessary for immediate effect, this
 35-2    Act takes effect September 1, 2001.