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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 215MOTOR VEHICLE DISTRIBUTION
SUBCHAPTER CFRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS
RULE §215.102Application Requirements

        (VI) distributor responsibilities under the agreement related to warranty matters under Occupations Code, Chapter 2301, and franchised dealer matters under Occupations Code, Chapter 2301, Subchapter H, Dealers, Subchapter I, Warranties: Reimbursement of Dealer, Subchapter J, Manufacturers, Distributors, and Representative, and Subchapter K, Mediation Between Dealer and Manufacturer or Distributor;

        (VII) party or person responsible for providing warranty services; and

        (VIII) motor vehicle line-makes and vehicle types included in the agreement; or

      (ii) a completed department-provided questionnaire containing the information required in clause (i) signed by the applicant and the manufacturer as true and complete. An authorized representative for the manufacturer may sign the questionnaire, however, the applicant or applicant's representative may not sign the questionnaire on behalf of a manufacturer.

    (H) if applying for a franchised dealer's license, pages of the executed franchise agreement containing at minimum the following:

      (i) the legal business name of each party;

      (ii) authorized signature of each party;

      (iii) authorized dealership location;

      (iv) list of motor vehicle line-makes and vehicle types to be sold or serviced; and

      (v) a department Evidence of Relocation form signed by the manufacturer or distributor, if applicable; and

    (I) any other documents required by the department to evaluate the application under current law and board rules.

  (3) Required fees:

    (A) the license fee as prescribed by law; and

    (B) the fee as prescribed by law for each plate requested by the applicant.

(f) An applicant operating under a name other than the applicant shall use the name under which the applicant is authorized to do business, as filed with the Secretary of State or county clerk, and the assumed name of such legal entity shall be recorded by the applicant on the application using the letters "DBA." The applicant may not use a name or assumed name that may be confused with or is similar to that of a governmental entity or that is otherwise deceptive or misleading to the public.

(g) A manufacturer or distributor may add a new line-make to an existing license during the license period by submitting a license amendment application and providing brochures, photos, or other documents describing the new line-make sufficient to allow the department to identify the line-make and vehicle product type. A license amendment to add a line-make to a manufacturer's or distributor's license must be approved by the department before the new line-make may be added to a franchised dealer's license.


Source Note: The provisions of this §215.102 adopted to be effective June 1, 2024, 49 TexReg 2704

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