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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership or operation of a motor vehicle |
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dealership by a manufacturer of motor vehicles powered only by |
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electricity or battery. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2301.252(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not engage in the business of buying, |
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selling, or exchanging new motor vehicles unless the person: |
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(1) holds a franchised dealer's license issued under |
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this chapter for the make of new motor vehicle being bought, sold, |
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or exchanged[;] or |
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[(2)] is a bona fide employee of the holder of a |
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franchised dealer's license; or |
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(2) is a manufacturer authorized to own or operate a |
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dealership or act in the capacity of a dealer under Section |
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2301.476(i-1) or is a bona fide employee of the manufacturer. |
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SECTION 2. Section 2301.476, Occupations Code, is amended |
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by adding Subsection (i-1) to read as follows: |
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(i-1) Notwithstanding any other provision of this chapter, |
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a manufacturer only of motor vehicles powered only by electricity |
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or battery may own or operate a dealership, may act in the capacity |
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of a dealer at any location in this state, and may obtain a dealer |
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general distinguishing number as provided by Section 503.029(d), |
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Transportation Code, if the manufacturer: |
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(1) has its headquarters in the United States; |
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(2) has never sold its line-make in the United States |
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through an independent franchised new motor vehicle dealership; and |
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(3) does not sell more than 5,000 new motor vehicles |
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powered only by electricity or battery from all dealership |
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locations operated by the manufacturer in this state in any |
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calendar year. |
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SECTION 3. Section 503.029, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Notwithstanding Subsection (a), a manufacturer |
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authorized to own or operate a dealership or act in the capacity of |
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a dealer under Section 2301.476(i-1), Occupations Code, is entitled |
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to obtain a dealer general distinguishing number under this section |
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if the manufacturer submits to the department a written application |
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that: |
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(1) complies with the verification requirements of |
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Subsection (b); |
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(2) is accompanied by the appropriate fee prescribed |
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by Section 503.007; |
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(3) contains information that demonstrates that the |
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manufacturer meets the requirements prescribed by Section |
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2301.476(i-1), Occupations Code; and |
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(4) states that the manufacturer agrees to allow the |
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department to examine during working hours the ownership papers for |
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each registered or unregistered vehicle in the manufacturer's |
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possession or control being offered for sale in this state. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |