S.B. No. 1504




AN ACT
relating to the regulation of motor vehicle sales and the powers and duties of the Motor Vehicle Board of the Texas Department of Transportation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subdivisions (6) and (16), Section 2301.002, Occupations Code, are amended to read as follows: (6) "Converter" means a person who, before the retail sale of a motor vehicle other than a motor home, ambulance, or fire-fighting vehicle: (A) assembles, installs, or affixes a body, cab, or special equipment to a chassis; or (B) substantially adds, subtracts from, or modifies a previously assembled or manufactured motor vehicle [other than a motor home, ambulance, or fire-fighting vehicle]. (16) "Franchised dealer" means a person who: (A) holds a franchised motor vehicle dealer's license issued by the board under this chapter and Chapter 503, Transportation Code; and (B) is engaged in the business of buying, selling, or exchanging new motor vehicles and servicing or repairing motor vehicles under a manufacturer's warranty at an established and permanent place of business under a franchise in effect with a manufacturer or distributor. SECTION 2. Subdivision (23), Section 2301.002, Occupations Code, is amended to more closely conform to the law from which it was derived and is further amended to read as follows: (23) "Motor vehicle" means: (A) a fully self-propelled vehicle having two or more wheels that has as its primary purpose the transport of a person or persons, or property, on a public highway; (B) a fully self-propelled vehicle having two or more wheels that: (i) has as its primary purpose the transport of a person or persons or property; (ii) is not manufactured for use on public streets, roads, or highways; and (iii) meets the physical requirements for the issuance of a certificate of title under department rules [has been issued a certificate of title]; (C) an engine, transmission, or rear axle, regardless of whether attached to a vehicle chassis, manufactured for installation in a vehicle that has: (i) the transport of a person or persons, or property, on a public highway as its primary purpose; and (ii) a gross vehicle weight rating of more than 16,000 pounds; or (D) a towable recreational vehicle. SECTION 3. Subdivision (32), Section 2301.002, Occupations Code, is amended to read as follows: (32) "Towable recreational vehicle" means a nonmotorized vehicle that: (A) was originally designed and manufactured primarily to provide temporary human habitation in conjunction with recreational, camping, or seasonal use; (B) is, or under department rules is eligible to be, titled and registered with the department as a travel trailer through a county tax assessor-collector; (C) is permanently built on a single chassis; (D) contains at least one life support system; and (E) is designed to be towable by a motor vehicle. SECTION 4. Subsection (a), Section 2301.153, Occupations Code, is amended to read as follows: (a) Notwithstanding any other provision of law, the board has all powers necessary, incidental, or convenient to perform a power or duty expressly granted under this chapter, including the power to: (1) initiate and conduct proceedings, investigations, or hearings; (2) administer oaths; (3) receive evidence and pleadings; (4) issue subpoenas to compel the attendance of any person; (5) order the production of any tangible property, including papers, records, or other documents; (6) make findings of fact on all factual issues arising out of a proceeding initiated under this chapter; (7) specify and govern appearance, practice, and procedures before the board; (8) adopt rules and issue conclusions of law and decisions, including declaratory decisions or orders; (9) enter into contracts; (10) accept a donation, including a contribution of property or services; (11) execute instruments; (12) [(11)] retain counsel; (13) [(12)] use the services of the attorney general and institute and direct the conduct of legal proceedings in any forum; (14) [(13)] obtain other professional services as necessary and convenient; (15) [(14)] impose a sanction for contempt; (16) [(15)] assess and collect fees and costs, including attorney's fees; (17) [(16)] issue, suspend, or revoke licenses; (18) [(17)] prohibit and regulate acts and practices in connection with the distribution and sale of motor vehicles or warranty performance obligations; (19) [(18)] issue cease and desist orders in the nature of temporary or permanent injunctions; (20) [(19)] impose a civil penalty; (21) [(20)] enter an order requiring a person to: (A) pay costs and expenses of a party in connection with an order entered under Section 2301.465; (B) perform an act other than the payment of money; or (C) refrain from performing an act; and (22) [(21)] enforce a board order. SECTION 5. Subchapter D, Chapter 2301, Occupations Code, is amended by adding Section 2301.161 to read as follows: Sec. 2301.161. CONFIDENTIALITY OF INFORMATION RELATING TO LICENSE HOLDERS AND APPLICANTS. (a) Information contained in an application for a license under this chapter and other information relating to a license holder or license applicant that is on file with the board is confidential and not open to public inspection. (b) Information made confidential by this section may be disclosed in a judicial or administrative proceeding in accordance with a lawful subpoena. SECTION 6. Subsection (a), Section 2301.251, Occupations Code, is amended to read as follows: (a) Unless a person holds a license issued under this chapter authorizing the activity, and except as provided by this subchapter, the person may not: (1) engage in business as, serve in the capacity of, or act as a dealer, manufacturer, distributor, converter, representative, vehicle lessor, or vehicle lease facilitator in this state; or (2) perform or offer to perform repair services on a motor vehicle under a franchise and a motor vehicle manufacturer's warranty, regardless of whether the person sells or offers to sell motor vehicles at the same location. SECTION 7. Section 2301.252, Occupations Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) For purposes of this section: (1) the make of a conversion[, ambulance, or fire-fighting vehicle] is that of the chassis manufacturer; [and] (2) the make of a motor home is that of the motor home manufacturer; (3) the make of an ambulance is that of the ambulance manufacturer; and (4) the make of a fire-fighting vehicle is that of the fire-fighting vehicle manufacturer. (c) In this section: (1) "Ambulance manufacturer" means a person other than the manufacturer of a motor vehicle chassis who, before the retail sale of the motor vehicle, performs modifications on the chassis of a motor vehicle that result in the finished product being classified as an ambulance. (2) "Fire-fighting vehicle manufacturer" means a person other than the manufacturer of a motor vehicle chassis who, before the retail sale of the motor vehicle, performs modifications on the chassis that result in the finished product being classified as a fire-fighting vehicle. SECTION 8. Subchapter F, Chapter 2301, Occupations Code, is amended by adding Section 2301.267 to read as follows: Sec. 2301.267. TEMPORARY OPERATION OF DEALERSHIP WITH PENDING APPLICATION. (a) A person may engage in the business of operating a dealership for which the person's license application is pending if the person meets the requirements of this section. (b) To qualify for this exception, the person must: (1) notify the board by registered mail, return receipt requested, of the person's intent to operate the dealership under this section; and (2) have a license application to purchase an existing dealership that: (A) is substantially complete and on file with the board; and (B) is not subject to protest under Section 2301.652. (c) This section does not affect the board's right to deny the application. SECTION 9. Subsection (c), Section 2301.301, Occupations Code, is amended to read as follows: (c) The board by rule may implement a system under which licenses expire on various dates during the year. For a year in which a license expiration date is changed, the fee for the license shall be prorated so that the license holder pays only that portion of the fee that is allocable to the number of months during which the license is valid, except for a fee for an application to relocate a dealership in a municipality in which the dealership is located. On renewal of the license on the new expiration date, the entire license renewal fee is payable. SECTION 10. Section 2301.476, Occupations Code, is amended by adding Subsection (i) to read as follows: (i) A manufacturer or distributor may own an interest in a dealer who: (1) primarily engages in the business of renting to persons motor vehicles that the dealer owns; and (2) does not sell or offer to sell a motor vehicle other than a vehicle that the dealer: (A) owns and has taken from service in the dealer's rental fleet; or (B) accepts in trade as part of the sale of a motor vehicle taken from service in the dealer's rental fleet. SECTION 11. Subsection (b), Section 2301.705, Occupations Code, is amended to read as follows: (b) Notice must be given by certified mail, return receipt requested, unless the person to whom notice is given resides outside of the United States. Notice to a person who resides outside the United States must be given by: (1) registered mail, return receipt requested; or (2) a private carrier who offers confirmation of delivery. SECTION 12. Subsection (c), Section 2301.803, Occupations Code, is amended to read as follows: (c) A person affected by a statutory stay imposed by this chapter may request a hearing before the entity that imposed the stay [initiate a proceeding before the board] to modify, vacate, or clarify the extent and application of the statutory stay. SECTION 13. (a) In accordance with Subsection (c), Section 311.031, Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute: (1) the text of Subdivisions (6) and (16), Section 2301.002, Occupations Code, as set out in Section 1 of this Act, give effect to changes made by Chapter 155, Acts of the 77th Legislature, Regular Session, 2001; (2) the text of Subsection (a), Section 2301.153, Occupations Code, as set out in Section 4 of this Act, gives effect to changes made by Chapter 155, Acts of the 77th Legislature, Regular Session, 2001; and (3) the text of Subsection (b), Section 2301.252, Occupations Code, as set out in Section 7 of this Act, gives effect to changes made by Chapter 155, Acts of the 77th Legislature, Regular Session, 2001. (b) To the extent of any conflict, this Act prevails over another Act of the 78th Legislature, Regular Session, 2003, relating to nonsubstantive additions and corrections in enacted codes. SECTION 14. This Act takes effect September 1, 2003.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 1504 passed the Senate on May 1, 2003, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 29, 2003, by a viva-voce vote. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1504 passed the House, with amendment, on May 23, 2003, by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor