(e) Once registered, an
applicant may apply for a new license and must provide the following:
(1) Required information:
(A) type of license requested;
(B) business information, including the name,
physical and mailing addresses, telephone number, Secretary of State file
number (as applicable), and website address as applicable;
(C) contact name, email address, and
telephone number of the person submitting the application;
(D) contact name, email address, and
telephone number of a person who can provide information about business
operations and the motor vehicle products or services offered;
(E) the name, social security number, date of
birth, identity document information, and ownership percentage for each owner,
partner, member, beneficiary, or principal if the applicant is not a publicly
traded company;
(F) 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;
(G) 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;
(H) 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;
(I) military service status;
(J) licensing history required to evaluate
fitness for licensure under §
215.89 of this title (relating to
Fitness);
(K) if applying for a
manufacturer's, distributor's, or converter's license:
(i) financial resources, business integrity
and experience, facilities and personnel for serving franchised
dealers;
(ii) a description of the
business model or business process and product and services used or offered
sufficient to allow the department to determine if the license type applied for
is appropriate under Texas law; and
(iii) number of standard license plates
requested.
(L) if
applying for a manufacturer's or distributor's license:
(i) if the applicant or any entity controlled
by the applicant owns an interest in a Texas motor vehicle dealer or
dealership, controls a Texas dealer or dealership, or acts in the capacity of a
Texas dealer;
(ii) a statement
regarding the manufacturer's compliance with Occupations Code Chapter 2301,
Subchapter I and §§2301.451-2301.476; and
(iii) if a franchise agreement for each
line-make being applied for exists which states the obligations of a Texas
franchised dealer to the applicant and the obligations of the applicant to the
Texas franchised dealer.
(M) if applying for a manufacturer's license,
the line-make information including the world manufacturer identifier assigned
by the National Highway Traffic Safety Administration, line-make name, and
vehicle type;
(N) if applying for a
distributor's license:
(i) the manufacturer
for whom the distributor will act;
(ii) whether the manufacturer is licensed in
Texas;
(iii) the person in this
state who is responsible for compliance with the warranty covering the motor
vehicles to be sold; and
(iv) the
terms of the contract under which the distributor will act for the
manufacturer.
(O) if
applying for a converter's license:
(i) a name
and description for each conversion package; and
(ii) the manufacturer or distributor and
line-make of the underlying new motor vehicle chassis to be
converted.
(P) if
applying for a franchised dealer's license:
(i) reason for the new application;
(ii) dealership location on a
system-generated map;
(iii) whether
the dealership is under construction and expected completion date;
(iv) information about the performance of
sales or warranty services at the location; and
(v) information necessary to obtain a
franchised dealer GDN under §
215.133 of this title (relating to
GDN Application Requirements for a Dealer or a Wholesale Motor Vehicle
Auction).
(Q) signed
Certificate of Responsibility, which is a form provided by the department;
and
(R) 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) the certificate of filing, certificate of
incorporation, or certificate of registration on file with the Secretary of
State, as applicable;
(B) each
assumed name certificate on file with the Secretary of State or county
clerk;
(C) one of the following
unexpired identity documents for each natural person listed in the application:
(i) driver license;
(ii) Texas Identification Card issued by the
Texas Department of Public Safety under Transportation Code, Chapter 521,
Subchapter E;
(iii) license to
carry a handgun issued by the Texas Department of Public Safety under
Government Code, Chapter 411, Subchapter H;
(iv) passport; or
(v) United States armed forces
identification.
(D) if
applying for a manufacturer's, distributor's, or converter's license, a written
description of the business model or business process and brochures, photos, or
other documents describing products and services sufficient to allow the
department to identify a motor vehicle product type and the appropriate license
required under Texas law;
(E) if
applying for a manufacturer's or distributor's license:
(i) a list of each franchised dealer in Texas
including the dealer's name and physical address, or if motor vehicle sales or
offers to sell to Texas residents will solely be over the internet, a list of
each out-of-state dealer or person authorized by the manufacturer or
distributor to sell a new motor vehicle online to a Texas resident including
the dealer's or person's name, physical address, and license number issued by
the state in which the dealer or person is located; and
(ii) a list of motor vehicle product
line-makes manufactured or distributed for sale.
(F) if applying for a manufacturer's license:
(i) a list of authorized distributors or
representatives; and
(ii) a
franchised dealer's preparation and delivery obligations before delivery of a
new vehicle to a retail purchaser and the schedule of compensation to be paid
to the franchised dealer;
(G) if applying for a distributor's license,
either:
(i) pages of the executed distributor
agreement containing at minimum the following:
(I) the legal business name of each
party;
(II) authorized signature of
each party;
(III) distribution
territory;
(IV) distribution
agreement effective date and end date, or written confirmation from the
distributor and manufacturer that the distribution agreement is expected to be
in effect for the entire license period;
(V) physical location, mailing address, and
email address of each party;
(VI)
distributor responsibilities under the agreement related to warranty matters
under Occupations Code, Chapter 2301, and franchised dealer matters under
Occupations Code, Chapter 2301, Subchapter H, Dealers, Subchapter I,
Warranties: Reimbursement of Dealer, Subchapter J, Manufacturers, Distributors,
and Representative, and Subchapter K, Mediation Between Dealer and Manufacturer
or Distributor;
(VII) party or
person responsible for providing warranty services; and
(VIII) motor vehicle line-makes and vehicle
types included in the agreement; or
(ii) a completed department-provided
questionnaire containing the information required in clause (i) signed by the
applicant and the manufacturer as true and complete. An authorized
representative for the manufacturer may sign the questionnaire, however, the
applicant or applicant's representative may not sign the questionnaire on
behalf of a manufacturer.
(H) if applying for a franchised dealer's
license, pages of the executed franchise agreement containing at minimum the
following:
(i) the legal business name of each
party;
(ii) authorized signature of
each party;
(iii) authorized
dealership location;
(iv) list of
motor vehicle line-makes and vehicle types to be sold or serviced;
and
(v) a department Evidence of
Relocation form signed by the manufacturer or distributor, if applicable;
and
(I) any other
documents required by the department to evaluate the application under current
law and board rules.
(3)
Required fees:
(A) the license fee as
prescribed by law; and
(B) the fee
as prescribed by law for each plate requested by the applicant.
