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AN ACT
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relating to the sale of a new motor vehicle to certain manufacturers |
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or distributors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.001(2), Tax Code, is amended to read |
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as follows: |
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(2) "Retail sale" means a sale of a motor vehicle |
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except: |
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(A) the sale of a new motor vehicle in which the |
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purchaser is a franchised dealer who is authorized by law and by |
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franchise agreement to offer the vehicle for sale as a new motor |
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vehicle and who acquires the vehicle either for the exclusive |
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purpose of sale in the manner provided by law or for purposes |
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allowed under Chapter 503, Transportation Code; |
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(B) the sale of a vehicle other than a new motor |
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vehicle in which the purchaser is a dealer who holds a dealer's |
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general distinguishing number issued under Chapter 503, |
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Transportation Code, and who acquires the vehicle either for the |
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exclusive purpose of resale in the manner provided by law or for |
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purposes allowed under Chapter 503, Transportation Code; [or] |
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(C) the sale to a franchised dealer of a new motor |
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vehicle removed from the franchised dealer's inventory for the |
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purpose of entering into a contract to lease the vehicle to another |
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person if, immediately after executing the lease contract, the |
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franchised dealer transfers title of the vehicle and assigns the |
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lease contract to the lessor of the vehicle; or |
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(D) the sale of a new motor vehicle in which the |
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purchaser is a manufacturer or distributor as those terms are |
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defined by Section 2301.002, Occupations Code, who acquires the |
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motor vehicle either for the exclusive purpose of sale in the manner |
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provided by law or for purposes allowed under Section 503.064, |
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Transportation Code. |
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SECTION 2. The change in law made by this Act does not |
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affect tax liability accruing before the effective date of this |
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Act. That liability continues in effect as if this Act had not been |
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enacted, and the former law is continued in effect for the |
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collection of taxes due and for civil and criminal enforcement of |
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the liability for those taxes. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2400 was passed by the House on April |
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29, 2015, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2400 was passed by the Senate on May |
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15, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |