| (a) Applicability. This rule implements Occupations
Code, §2301.358 and is expressly limited to motor home shows
that require department approval in accordance with subsection (b)
of this section.
(b) Show approval required. Without written approval
by the department, a person may not promote or conduct a show involving
a new motor home that will be sold or offered for sale.
(c) Show requirements. The department may approve a
motor home show in accordance with this section if the show:
(1) does not exceed six consecutive days;
(2) is not conducted within 90 days of a previous show
in the same county; and
(3) complies with Occupations Code, Chapter 2301; Transportation
Code, Chapters 503 and 1000 - 1005; and board rules.
(d) Additional motor home shows. The department may
authorize additional motor home shows in any county upon a showing
of good cause by the promoter for waiver from the show requirements
of subsection (c) of this section.
(e) Show approval requirements. For purposes of this
section, the promoter or coordinator of a motor home show must submit
an application to the department. The application must:
(1) be completed and submitted on a form and in the
manner prescribed by the department;
(2) be accompanied by all required attachments;
(3) be submitted no less than 30 days and no more than
90 days before the proposed show date;
(4) be accompanied by a $25,000 surety bond if the
promoter or coordinator of the show is not a license holder, an association
of license holders, or an organization of license holders;
(5) affirm that at least three franchised dealers of
new motor homes, each participating with at least one different line-make,
will participate in the show;
(6) affirm that each franchised dealer that participates
in the show holds a valid franchised dealer's license issued by the
department for each motor home line-make that the franchised dealer
will participate with in the show; and
(7) designate either Saturday or Sunday for suspension
of the sale of any motor home, in accordance with Transportation Code,
Chapter 728, Subchapter A, when the show is conducted over a consecutive
Saturday and Sunday.
(f) Dealer participation approval required. Without
written approval by the department, a motor home dealer may not participate
in a show of new motor homes, where a motor home will be sold or offered
for sale.
(g) Dealer participation requirements. A dealer of
new motor homes requesting approval to participate in a show must
submit a sufficient application to the department. To be sufficient,
the application must be on a form prescribed by the department and
accompanied by all required attachments.
(h) Located within 70 miles of show site. For the purpose
of this section, a franchised dealer located within 70 miles of the
site of the proposed show has a right equal to any other franchised
dealer that is also located within 70 miles of the show site to participate
in the show with a like-line motor home.
(i) Located more than 70 miles from show site. For
the purpose of this section, a franchised dealer that is located more
than 70 miles from the proposed show site does not have a right to
participate in the show; however, the department may approve that
franchised dealer to participate in the motor home show, if:
(1) there is no franchised dealer of a like-line motor
home located within 70 miles of the proposed show site; or
(2) the franchised dealer obtains a written waiver
from each like-line franchised motor home dealer located within 70
miles of the proposed show site.
(j) Suspension of sales. For the purpose of this section
and pursuant to Transportation Code, Chapter 728, Subchapter A, when
a show is conducted over a consecutive Saturday and Sunday, all franchised
dealers of motor homes will suspend sales on the same Saturday or
Sunday, as designated by the show promoter or coordinator. On the
day sales are suspended, a motor home dealer:
(1) may quote a price;
(2) may open and attend to the motor home product;
(3) may not sell, offer to sell, negotiate a price,
or enter into a contract or letter of intention to contract for the
sale of the motor home; and
(4) is not required to remove or cover the suggested
retail price the manufacturer may have affixed to the motor home.
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| Source Note: The provisions of this §215.112 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective October 7, 2012, 37 TexReg 7753; amended to be effective February 13, 2017, 42 TexReg 571 |
