BILL ANALYSIS

C.S.H.B. 833

By: Clardy

Licensing & Administrative Procedures

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties are concerned a provision of state law affects the ability of certain holders of motor home manufacturer's and dealer's licenses to continue their operations. The parties illustrate their concerns with the experience of one Texas-based manufacturer and retailer of motor homes, which closed one of its two dealerships due to poor economic conditions in the last few years. The parties explain that with improving economic conditions the manufacturer is seeking to reopen a second dealership but is having difficulty because the second dealership license is void based on the interpretation of current law. C.S.H.B. 833 seeks to amend the applicable law to address this issue.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 833 amends the Occupations Code to authorize a person who on June 7, 1995, held both a motor home manufacturer's license and a motor home dealer's license, for purposes of the authority to operate as both a manufacturer and dealer of motor homes but of no other type of vehicle, to hold a motor home manufacturer's license, a dealer general distinguishing number issued by the Texas Department of Motor Vehicles, and not more than two franchised dealer's licenses.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 833 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 2301.476(h), Occupations Code, is amended to read as follows: (h)  A person who on June 7, 1995, held both a motor home manufacturer's license and a motor home dealer's license issued under this chapter may: (1)  continue to hold: (A)  the motor home manufacturer's license and any motor home dealer's license held on that date; or (B)  the motor home manufacturer's license held on that date and may apply for and hold not more than one additional franchised dealer's license that was not held on that date [both licenses]; and (2)  operate as both a manufacturer and dealer of motor homes but of no other type of vehicle.	SECTION 1.  Section 2301.476(h), Occupations Code, is amended to read as follows: (h)  A person who on June 7, 1995, held both a motor home manufacturer's license and a motor home dealer's license issued under this chapter may: (1)  [continue to] hold: (A)  a motor home manufacturer's license; (B)  a general distinguishing number issued under Chapter 503, Transportation Code; and (C)  not more than two franchised dealer's licenses [both licenses]; and (2)  operate as both a manufacturer and dealer of motor homes but of no other type of vehicle.
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, 2015.	SECTION 2. Same as introduced version.