| (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) 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 records required under this chapter;
(2) refuses or fails within 15 days to comply with
a request for records made by a representative of the department;
(3) sells or offers to sell a motor vehicle to a retail
purchaser other than through a licensed or authorized dealer;
(4) 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;
(5) fails to timely submit a license amendment application
in the electronic licensing system designated by the department to
notify the department of a license holder's business or assumed name
change, deletion of a line-make, or management or ownership change;
(6) fails to notify the department or pay or reimburse
a franchised dealer as required by law;
(7) misuses or fails to display a license plate as
required by law;
(8) is a manufacturer or distributor and fails to provide
a manufacturer's certificate for a new vehicle;
(9) fails to remain regularly and actively engaged
in the business of manufacturing, assembling, or modifying a new motor
vehicle of the type and line make for which a license has been issued
by the department;
(10) violates a provision of Occupations Code, Chapter
2301; Transportation Code Chapters 501-503 or 1001-1005; a board order
or rule; or a regulation of the department relating to the manufacture,
assembly, sale, lease, distribution, financing, or insuring of vehicles,
including advertising rules under Subchapter F of this chapter (relating
to Advertising);
(11) 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);
(12) 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;
(13) 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;
(14) fails to remit payment as ordered for a civil
penalty assessed by the board or department;
(15) violates any state or federal law or regulation
relating to the manufacture, distribution, modification, or sale of
a motor vehicle;
(16) fails to issue a refund as ordered by the board
or department; or
(17) fails to participate in statutorily required mediation
without good cause.
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