(a) The board or department may:
(1) deny an application;
(2) revoke a license;
(3) suspend a license; and
(4) assess a civil penalty or other action against
a license applicant, a license holder, or a person engaged in business
for which a license is required.
(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 in
the amount of $25,000 if required;
(2) fails to maintain records required under this chapter;
(3) refuses or fails to comply with a request by a
representative of the department to examine and copy during the license
holder's business hours at the licensed location:
(A) sales records required to be maintained by §215.144
of this title (relating to Records);
(B) ownership papers for a vehicle owned by that dealer
or under that dealer's control; and
(C) evidence of ownership or a current lease agreement
for the property on which the business is located;
(4) refuses or fails to timely comply with a request
for records made by a representative of the department;
(5) holds a wholesale motor vehicle dealer's license
and:
(A) fails to meet the requirements of §215.140
of this title (relating to Established and Permanent Place of Business);
or
(B) sells or offers to sell a motor vehicle to a person
other than a licensed dealer;
(6) sells or offers to sell a type of vehicle that
the person is not licensed to sell;
(7) fails 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;
(8) fails to notify the department of a license holder's
name change or ownership change within 10 days of the change;
(9) 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;
(10) fails to remove a license plate or registration
insignia from a vehicle that is displayed for sale;
(11) misuses a metal dealer's license plate or a temporary
tag;
(12) fails to display a metal dealer's license plate
or temporary tag, as required by law;
(13) 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;
(14) 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;
(15) violates a provision of Occupations Code, Chapter
2301; Transportation Code Chapters 503 and 1000 - 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 H of this chapter (relating to Advertising);
(16) is convicted of an offense that directly relates
to the duties or responsibilities of the occupation;
(17) 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;
(18) has not assigned at least five vehicles in the
prior 12 months, provided the dealer has been licensed more than 12
months;
(19) files 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;
(20) 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 1000 - 1005; or
other laws;
(21) omits information or makes a material misrepresentation
in any application or other documentation filed with the department;
(22) fails to remit payment as ordered for a civil
penalty assessed by the board or department;
(23) sells a new motor vehicle without a franchised
dealer's license issued by the department;
(24) utilizes a temporary tag that fails to meet the
requirements of §215.153 of this title (relating to Specifications
for All Temporary Tags);
(25) violates any state or federal law or regulation
relating to the sale of a motor vehicle; or
(26) effective January 1, 2017, knowingly fails to
disclose that a motor vehicle has been repaired, rebuilt, or reconstructed
and issued a title under Transportation Code, §501.100.
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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 |