(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.
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