| (a) The board or department may take the following
actions against a license applicant, a license holder, or a person
engaged in business for which a license is required:
(1) deny an application;
(2) revoke a license;
(3) suspend a license;
(4) assess a civil penalty;
(5) issue a cease and desist order; or
(6) or take other authorized action.
(b) The board or department may take action described
in subsection (a) of this section if a license applicant, a license
holder, or a person engaged in business for which a license is required:
(1) fails to maintain a good and sufficient bond or
post the required bond notice if required under Transportation Code §503.033
(relating to Security Requirement);
(2) fails to meet or maintain the requirements of §215.140
(relating to Established and Permanent Place of Business Premises
Requirements);
(3) fails to maintain records required under this chapter;
(4) refuses or fails to comply with a request by the
department for electronic records or to examine and copy electronic
or physical records during the license holder's business hours at
the licensed business location:
(A) sales records required to be maintained by §215.144
of this title (relating to Vehicle Records);
(B) ownership papers for a vehicle owned by that dealer
or under that dealer's control;
(C) evidence of ownership or a current lease agreement
for the property on which the business is located; or
(D) the Certificate of Occupancy, Certificate of Compliance,
business license or permit, or other official documentation confirming
compliance with county and municipal laws or ordinances for a vehicle
business at the licensed physical location.
(5) refuses or fails to timely comply with a request
for records made by a representative of the department;
(6) holds a wholesale motor vehicle dealer's license
and sells or offers to sell a motor vehicle to a person other than
a licensed or authorized dealer;
(7) sells or offers to sell a type of vehicle that
the person is not licensed to sell;
(8) fails to submit a license amendment application
in the electronic licensing system designated by the department to
notify the department of a change of the license holder's physical
address, mailing address, telephone number, or email address within
10 days of the change;
(9) fails to submit a license amendment application
in the electronic licensing system designated by the department to
notify the department of a license holder's name change, or management
or ownership change within 10 days of the change;
(10) except as provided by law, issues more than one
buyer's temporary tag for the purpose of extending the purchaser's
operating privileges for more than 60 days;
(11) fails to remove a license plate or registration
insignia from a vehicle that is displayed for sale;
(12) misuses a dealer's license plate or a temporary
tag;
(13) fails to display a dealer's license plate or temporary
tag, as required by law;
(14) holds open a title or fails to take assignment
of a certificate of title, manufacturer's certificate, or other basic
evidence of ownership for a vehicle acquired by the dealer, or fails
to assign the certificate of title, manufacturer's certificate, or
other basic evidence of ownership for a vehicle sold;
(15) fails to remain regularly and actively engaged
in the business of buying, selling, or exchanging vehicles of the
type for which the GDN is issued by the department;
(16) violates a provision of Occupations Code, Chapter
2301; Transportation Code Chapters 503 and 1001-1005; a board order
or rule; or a regulation of the department relating to the sale, lease,
distribution, financing, or insuring of vehicles, including advertising
rules under Subchapter F of this chapter (relating to Advertising);
(17) is convicted of an offense that directly relates
to the duties or responsibilities of the occupation in accordance
with §211.3 of this title (relating to Criminal Offense Guidelines);
(18) is determined by the board or department, in accordance
with §215.89 of this title (relating to Fitness), to be unfit
to hold a license;
(19) has not assigned at least five vehicles in the
prior 12 months, provided the dealer has been licensed more than 12
months;
(20) files or provides a false or forged:
(A) title document, including an affidavit making application
for a certified copy of a title; or
(B) tax document, including a sales tax statement or
affidavit;
(21) uses or allows use of that dealer's license or
location for the purpose of avoiding a provision of Occupations Code,
Chapter 2301; Transportation Code, Chapters 503 and 1001 - 1005; or
other laws;
(22) omits information or makes a material misrepresentation
in any application or other documentation filed with the department
including providing a false or forged identity document or a false
or forged photograph, electronic image, or other document;
(23) fails to remit payment as ordered for a civil
penalty assessed by the board or department;
(24) sells a new motor vehicle without a franchised
dealer's license issued by the department;
(25) fails to comply with a dealer responsibility under §215.150
of this title (relating to Authorization to Issue Temporary Tags);
(26) utilizes a temporary tag that fails to meet the
requirements of §215.153 of this title (relating to Specifications
for All Temporary Tags);
(27) violates any state or federal law or regulation
relating to the sale of a motor vehicle;
(28) knowingly fails to disclose that a motor vehicle
has been repaired, rebuilt, or reconstructed and issued a title under
Transportation Code, §501.100 (relating to Application for Regular
Certificate of Title for Salvage Vehicle);
(29) fails to issue a refund as ordered by the board
or department; or
(30) fails to acquire or maintain a required certificate
of occupancy, certificate of compliance, business license or permit,
or other official documentation for the licensed location confirming
compliance with county or municipal laws or ordinances or other local
requirements for a vehicle business.
|
| Source Note: The provisions of this §215.141 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective August 2, 2012, 37 TexReg 5637; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective June 1, 2024, 4 TexReg 2704 |
