Texas § OC.2301.479 - ADVERSE ACTION IN CONNECTION WITH EXPORT OF VEHICLE

§ OC.2301.479. ADVERSE ACTION IN CONNECTION WITH EXPORT OF VEHICLE

ADVERSE ACTION IN CONNECTION WITH EXPORT OF VEHICLE. (a) Except as otherwise provided by this section, a manufacturer, distributor, or representative may not take an adverse action against a franchised dealer because the franchised dealer sells or leases a vehicle that is later exported to a location outside the United States. (b) A franchise provision that allows a manufacturer, distributor, or representative to take adverse action against a franchised dealer because the franchised dealer sells or leases a vehicle that is later exported to a location outside the United States is enforceable only if, at the time of the original sale or lease, the dealer knew or reasonably should have known that the vehicle would be exported to a location outside the United States. (c) A franchised dealer is presumed to have no actual knowledge that a vehicle the dealer sells or leases will be exported to a location outside the United States if, under the laws of a state of the United States: (1) the vehicle is titled; (2) the vehicle is registered; and (3) applicable state and local taxes are paid for the vehicle. (d) The presumption under Subsection (c) may be rebutted by direct, clear, and convincing evidence that the franchised dealer had actual knowledge or reasonably should have known at the time of the original sale or lease that the vehicle would be exported to a location outside the United States. (e) Except as otherwise permitted by this section, a franchise provision that allows a manufacturer, distributor, or representative to take adverse action against a franchised dealer because the franchised dealer sells or leases a vehicle that is later exported to a location outside the United States is void and unenforceable. Added by Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640 ), Sec. 8, eff. September 1, 2009.