| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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 [franchised or nonfranchised] dealer or |
|
|
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 [franchised or nonfranchised] dealer or |
|
|
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. |