Bill Text: TX SB2279 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the ownership, control, or operation of a franchised or nonfranchised dealer or dealership by certain manufacturers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2017-05-08 - Not again placed on intent calendar [SB2279 Detail]
Download: Texas-2017-SB2279-Comm_Sub.html
By: Hancock | S.B. No. 2279 | |
(In the Senate - Filed April 18, 2017; April 18, 2017, read | ||
first time and referred to Committee on Business & Commerce; | ||
April 20, 2017, reported favorably by the following vote: Yeas 7, | ||
Nays 0; April 20, 2017, sent to printer.) | ||
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relating to the ownership, control, or operation of a franchised or | ||
nonfranchised dealer or dealership by certain manufacturers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2301.476, Occupations Code, is amended | ||
by adding Subsection (a-1) and amending Subsection (c) to read as | ||
follows: | ||
(a-1) For purposes of this section, "type of motor vehicle" | ||
means: | ||
(1) a passenger car that is a motor vehicle or a | ||
light-duty truck in Class 1, 2, or 3, other than a motorcycle or | ||
motor-driven cycle, primarily used to transport persons and | ||
designed to accommodate 10 or fewer passengers, including the | ||
operator; | ||
(2) a motorcycle or motor-driven cycle as defined by | ||
Section 541.201, Transportation Code; | ||
(3) an engine, transmission, or rear axle described by | ||
Section 2301.002(23)(C); | ||
(4) a truck, including a medium-duty or heavy-duty | ||
truck that is in Class 4, 5, 6, 7, or 8; | ||
(5) a bus that is a motor vehicle used to transport | ||
persons and designed to accommodate more than 10 passengers, | ||
including the operator; | ||
(6) a road tractor or truck tractor as defined by | ||
Section 541.201, Transportation Code; | ||
(7) a fire-fighting vehicle; or | ||
(8) a recreational vehicle, including a motor home, a | ||
towable recreational vehicle, or a travel trailer or house trailer | ||
as defined by Section 501.002, Transportation Code. | ||
(c) Except as provided by this section, a manufacturer or | ||
distributor may not directly or indirectly: | ||
(1) own an interest in a franchised or nonfranchised | ||
dealer or dealership that sells or services the same type of motor | ||
vehicle that it manufactures or distributes; | ||
(2) operate or control: | ||
(A) a [ |
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dealership franchised to sell or service the same type of motor | ||
vehicle that it manufactures or distributes; or | ||
(B) a nonfranchised dealer or dealership; or | ||
(3) act in the capacity of: | ||
(A) a [ |
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dealership franchised to sell or service the same type of motor | ||
vehicle that it manufactures or distributes; or | ||
(B) a nonfranchised dealer. | ||
SECTION 2. This Act takes effect September 1, 2017. | ||
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