| (a) Compliance with a final order will be monitored
by the department.
(b) A complainant is not bound by a final order.
(c) If a complainant does not accept the final order,
the proceeding before the hearings examiner will be deemed concluded
and the complaint file closed.
(d) If the complainant accepts the final decision,
then the manufacturer, distributor, or converter, and the dealer to
the extent of the dealer's responsibility, if any, shall immediately
take such action as is necessary to implement the final order.
(e) If a manufacturer, distributor, or converter replaces
or repurchases a motor vehicle pursuant to a final order, then the
manufacturer, distributor, or converter shall, prior to the resale
of such motor vehicle, retitle the vehicle in Texas and shall:
(1) issue a disclosure statement on a form provided
by or approved by the department; and
(2) affix a department-approved disclosure label in
a conspicuous location in or on the motor vehicle.
(f) The disclosure statement and disclosure label required
under subsection (e) of this section shall accompany the motor vehicle
through the first retail purchase. No person holding a license or
GDN issued by the department under Occupations Code, Chapter 2301
or Transportation Code, Chapter 503 shall remove or cause the removal
of the disclosure label until delivery of the motor vehicle to the
first retail purchaser.
(g) A manufacturer, distributor, or converter shall
provide to the department the name, address, and telephone number
of the transferee to whom the manufacturer, distributor, or converter
transfers the motor vehicle on the disclosure statement within 60
days of a transfer. A dealer that sells the vehicle to the first retail
purchaser shall return the completed disclosure statement to the department
within 60 days of the sale.
(h) The manufacturer, distributor, or converter must
repair the defect or condition in the motor vehicle that resulted
in the vehicle being reacquired and issue a basic warranty excluding
non-original equipment manufacturer items or accessories, for a minimum
of 12 months or 12,000 miles, whichever comes first. The warranty
shall be provided to the first retail purchaser of the motor vehicle.
(i) In the event this section conflicts with the terms
contained in a cease and desist order, the terms of the cease and
desist order shall prevail.
(j) The failure of any manufacturer, distributor, converter,
or dealer to comply with a final order within the time period prescribed
in the order may subject the manufacturer, converter, distributor,
or dealer to formal action by the department, including the assessment
of civil penalties of up to $10,000 per day per violation or other
sanctions prescribed by Occupations Code, Chapter 2301.
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