Texas Administrative Code
Title 43 - TRANSPORTATION
Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES
Chapter 215 - MOTOR VEHICLE DISTRIBUTION
Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS
Section 215.109 - Replacement Dealership
Current through Reg. 49, No. 38; September 20, 2024
An application for a franchised dealer's license for a dealership intended as a replacement for a previously existing dealership shall be deemed an application for a "replacement dealership" required to be established in accordance with Occupations Code, § 2301.453 and shall not be subject to protest under the provisions of § 215.105 of this title (relating to Notification of License Application; Protest Requirements), provided that:
(1) the application states that the applicant is intended as a replacement dealership and identifies the prior dealership to be replaced;
(2) the manufacturer or distributor of the line-make gives notice to the department and to other dealers franchised for the same line-make that meet the provisions of Occupations Code, § 2301.652(b) and (c);
(3) the notice under paragraph (2) of this subsection is given within 60 days following the closing of the prior dealership;
(4) the application is filed electronically in the licensing system designated by the department not later than one year following the closing of the prior dealership; and
(5) the location of the applicant's proposed dealership is not more than two miles from the location of the prior dealership.
