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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 215MOTOR VEHICLE DISTRIBUTION
SUBCHAPTER EGENERAL DISTINGUISHING NUMBERS
RULE §215.133General Distinguishing Number

(a) No person may engage in business as a dealer unless that person has a currently valid GDN assigned by the department for each location from which the person engages in business. A dealer must also hold a GDN for a consignment location, unless the consignment location is a wholesale motor vehicle auction.

(b) Subsection (a) of this section does not apply to a person exempt from the requirement to obtain a GDN under Transportation Code §503.024.

(c) A GDN dealer application shall be on a form prescribed by the department and properly completed by the applicant. A GDN dealer application shall include all required information, required supporting documents, and required fees and shall be submitted to the department electronically in a system designated by the department for licensing. A GDN dealer renewing or amending its GDN must verify current license information, provide related information and documents for any new requirements or changes to the GDN, and pay required fees. An applicant for a new dealer GDN must provide the following:

  (1) Required information:

    (A) type of GDN requested;

    (B) business information, including the name, physical and mailing addresses, telephone number, Secretary of State file number (if applicable), and website address (if applicable);

    (C) application contact name, email address, and telephone number;

    (D) the name, social security number, date of birth, identity document information, and ownership percentage for each owner, partner, member, or principal if the applicant is not a publicly traded company;

    (E) the name, social security number, date of birth, and identity document information for each officer, director, manager, trustee, or other representative authorized to act on behalf of the applicant if the applicant is owned in full or in part by a legal entity;

    (F) the name, employer identification number, ownership percentage, and non-profit or publicly-traded status for each legal entity that owns the applicant in full or in part;

    (G) the name, social security number, date of birth, and identity document information of at least one manager or other bona fide employee who will be present at the established and permanent place of business if the owner is out of state or will not be present during business hours at the established and permanent place of business in Texas;

    (H) the name and business email address of the temporary tag database account administrator designated by the applicant who must be an owner or representative listed in the application;

    (I) criminal history record information under the laws of Texas, another state in the United States, the United States, and any foreign jurisdiction for each person listed in the application, including offense description, date, and location;

    (J) military service status;

    (K) licensing history required to evaluate fitness for licensure under §215.89 of this title (relating to Fitness);

    (L) information about the business location and business premises, including whether the applicant will operate as a salvage vehicle dealer at the location;

    (M) history of insolvency, including outstanding or unpaid debts, judgments, or liens, unless the debt was discharged under 11 U.S.C. §§101 et seq. (Bankruptcy Act) or is pending resolution under a case filed under the Bankruptcy Act;

    (N) signed Certificate of Responsibility, which is a form provided by the department; and

    (O) any other information required by the department to evaluate the application under current law and board rules.

  (2) A legible and accurate electronic image of each applicable required document:

    (A) proof of a surety bond if required under §215.137 of this title (relating to Surety Bond);

    (B) the certificate of filing, certificate of incorporation, or certificate of registration on file with the Secretary of State, if applicable;

    (C) each assumed name certificate on file with the Secretary of State or county clerk;

    (D) at least one of the following identity documents for each natural person listed in the application:

      (i) current driver license;

      (ii) current Texas Identification Card issued by the Texas Department of Public Safety under Transportation Code, Chapter 521, Subchapter E;

      (iii) current license to carry a handgun issued by the Texas Department of Public Safety under Government Code, Chapter 411, Subchapter H;

      (iv) current passport; or

      (v) current United States armed forces identification.

    (E) a certificate of occupancy, certificate of compliance, or other official documentation confirming the business location complies with municipal ordinances, including zoning, occupancy, or other requirements for a vehicle business;

    (F) documents proving business premises ownership, or lease or sublease agreement for the license period;

    (G) premises photos and a notarized affidavit certifying that all premises requirements in §215.140 of this title (relating to Established and Permanent Place of Business Premises Requirements) are met and will be maintained during the license period;

    (H) evidence of franchise if applying for a franchised motor vehicle dealer GDN;

    (I) proof of completion of the dealer education and training required under Transportation Code §503.0296, if applicable; and

    (J) any other documents required by the department to evaluate the application under current law and board rules.

  (3) Required fees:

    (A) the fee for the GDN for each type of license requested as prescribed by law; and

    (B) the fee for each metal dealer plate requested by the applicant as prescribed by law.

(d) An applicant for a GDN must also comply with fingerprint requirements in §211.6 of this title (relating to Fingerprint Requirements for General Distinguishing Numbers), if applicable.

(e) An applicant for a dealer GDN 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 an 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.

(f) A wholesale motor vehicle dealer GDN holder may sell or exchange vehicles with licensed or authorized dealers only. A wholesale motor vehicle dealer GDN holder may not sell or exchange vehicles at retail.

(g) An independent mobility motor vehicle dealer shall retain and produce for inspection all records relating to the license requirements under Occupations Code, §2301.002(17-b) and all information and records required under Transportation Code §503.0295.

(h) In evaluating a new or renewal dealer GDN application or an application for a new GDN location, the department may require a site visit to determine if the business location meets the requirements in §215.140. The department will require the applicant or GDN holder to provide a notarized affidavit confirming that all premises requirements are met and will be maintained during the license period.

(i) A person holding an independent motor vehicle GDN does not have to hold a salvage vehicle dealer license to:

  (1) act as a salvage vehicle dealer or rebuilder; or

  (2) store or display a motor vehicle as an agent or escrow agent of an insurance company.

(j) To be eligible for an independent motor vehicle GDN, a person must complete dealer education and training specified by the department, except as provided in this subsection:

  (1) once a person has completed the required dealer education and training, the person will not have to retake the dealer education and training for subsequent GDN renewals, but may be required to provide proof of dealer education and training completion as part of the GDN renewal process;

  (2) a person holding an independent motor vehicle GDN for at least 10 years as of September 1, 2019, is exempt from the dealer education and training requirement; and.

  (3) a military service member, military spouse, or military veteran will receive appropriate credit for prior training, education, and professional experience and may be exempted from the dealer education and training requirement.


Source Note: The provisions of this §215.133 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 March 1, 2020, 45 TexReg 1225; amended to be effective January 1, 2023, 47 TexReg 8745

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