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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership, control, or operation of a franchised or |
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nonfranchised dealer or dealership by certain manufacturers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2301.476, Occupations Code, is amended |
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by adding Subsection (a-1) and amending Subsection (c) to read as |
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follows: |
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(a-1) For purposes of this section, "type of motor vehicle" |
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means: |
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(1) a passenger car that is a motor vehicle or a |
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light-duty truck in Class 1, 2, or 3, other than a motorcycle or |
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motor-driven cycle, primarily used to transport persons and |
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designed to accommodate 10 or fewer passengers, including the |
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operator; |
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(2) a motorcycle or motor-driven cycle as defined by |
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Section 541.201, Transportation Code; |
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(3) an engine, transmission, or rear axle described by |
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Section 2301.002(23)(C); |
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(4) a truck, including a medium-duty or heavy-duty |
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truck that is in Class 4, 5, 6, 7, or 8; |
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(5) a bus that is a motor vehicle used to transport |
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persons and designed to accommodate more than 10 passengers, |
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including the operator; |
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(6) a road tractor or truck tractor as defined by |
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Section 541.201, Transportation Code; |
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(7) a fire-fighting vehicle; or |
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(8) a recreational vehicle, including a motor home, a |
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towable recreational vehicle, or a travel trailer or house trailer |
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as defined by Section 501.002, Transportation Code. |
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(c) Except as provided by this section, a manufacturer or |
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distributor may not directly or indirectly: |
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(1) own an interest in a franchised or nonfranchised |
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dealer or dealership that sells or services the same type of motor |
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vehicle that it manufactures or distributes; |
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(2) operate or control: |
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(A) a [franchised or nonfranchised] dealer or |
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dealership franchised to sell or service the same type of motor |
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vehicle that it manufactures or distributes; or |
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(B) a nonfranchised dealer or dealership; or |
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(3) act in the capacity of: |
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(A) a [franchised or nonfranchised] dealer or |
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dealership franchised to sell or service the same type of motor |
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vehicle that it manufactures or distributes; or |
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(B) a nonfranchised dealer. |
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SECTION 2. This Act takes effect September 1, 2017. |
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* * * * * |