80R4350 JMM-F
 
  By: Krusee H.B. No. 733
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the sale of certain used trucks.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 2301.476, Occupations Code, is amended
by adding Subsections (j) and (k) to read as follows:
       (j)  This chapter does not prohibit a manufacturer or
distributor that owned, on or before January 1, 2005, an interest
in a licensed used motor vehicle dealer engaged in the sale of used
motor vehicles from continuing to directly or indirectly own an
interest in the used motor vehicle dealer if the manufacturer's or
distributor's ownership and control of the used motor vehicle
dealer does not increase after that date. The exemption provided by
this subsection:
             (1)  applies regardless of whether there has been a
transfer or relocation of the used motor vehicle dealer;
             (2)  applies only if the used motor vehicle dealer is
engaged in the business of selling used trucks that have a gross
vehicle weight rating of 11,000 pounds or more; and
             (3)  does not apply if the used motor vehicle dealer
sells new motor vehicles.
       (k)  For purposes of this section, "used motor vehicle
dealer" includes the physical premises, business facilities, and
operations where used motor vehicle sales occur.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.