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79R15613 MSE-D


By:  Goodman                                                      H.B. No. 2149

Substitute the following for H.B. No. 2149:                                   

By:  Geren                                                    C.S.H.B. No. 2149



A BILL TO BE ENTITLED

AN ACT

relating to manufacturer or distributor ownership of certain bus 
dealerships that operate solely as dealers of buses designed for 
passenger use and that were owned in part by a manufacturer or 
distributor on or before September 1, 1999.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2301.476, Occupations Code, is amended 
by adding Subsections (j), (k), and (l) to read as follows:
	(j)  Except as provided by Subsection (k), a manufacturer or 
distributor may have an ownership interest of less than 35 percent 
in an entity that holds a general distinguishing number if the 
manufacturer or distributor had the ownership interest in the 
entity on or before September 1, 1999, and the entity:
		(1)  operates as a dealer for buses that:                              
			(A)  have a gross vehicle weight of at least 
17,500 pounds;         
			(B)  are of a size and type commonly designed to 
carry at least 17 seated passengers, regardless of whether all 
particular models of the bus are actually devoted to such seating;
			(C)  are not motor homes; and                                         
			(D)  are sold exclusively for commercial use;                         
		(2)  is the exclusive seller in the United States for 
the bus; and   
		(3)  is not operated or controlled by the manufacturer 
or distributor.
	(k)  The restrictions under Subsection (j) do not apply to a 
dealer entity that purchases or sells a bus described by Subsection 
(j) that is taken in on trade or purchased on the open market for 
resale.
	(l)  In Subsections (j) and (k), "bus" has the meaning 
assigned by Section 541.201, Transportation Code.
	SECTION 2.  This Act takes effect September 1, 2005.