Texas Register, Volume 29, Number 28, Pages 6463-6834, July 09, 2004 Page: 6,492
6463-6834 p. ; 28 cm.View a full description of this periodical.
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(4) To obtain more than the maximum number of plates set
out in paragraph (3), a dealer must submit proof of sales to qualify for
additional plates.
(A) Additional plates above the amounts set out in para-
graph (3) shall be as follows:
(i) Wholesale Dealers - 1
(ii) Dealers selling less than 50 vehicles - 1
(iii) Dealers selling 50 to 99 vehicles - 2
(iv) Dealers selling 99 to 200 vehicles - 5
(v) Dealers selling 201 or more vehicles may obtain
any number of dealer plates at the dealer's discretion.
(B) Proof of sales shall consist of a copy of the most re-
cently filed Vehicle Inventory Tax Declaration or monthly statements
duly filed with the proper taxing authority in the county of the deal-
ership's location. Said copies should be stamped received by the tax
authority. Any franchised dealer's renewal license application that in-
dicates sales of 201 or more units shall be considered proof of sales of
201 or more and no additional proof is needed.
(5) The director or director's designee may waive the
dealer plate issuance restrictions if the waiver both serves the purposes
of this chapter and is essential to the continuation of the business. To
determine the number of dealer plates the dealer needs, the director
or the director's designee may base the decision on the dealer's past
sales, inventory and any other pertinent factors as the director may
determine.
(A) All requests for waivers shall be in writing and
specifically state why the additional plates are necessary to the
continuation of the applicant's business;
(B) All requests for waivers must be accompanied by
proof of the dealer's sales for the previous year. Such proof shall con-
sist of a copy of the most recently filed Vehicle Inventory Tax Declara-
tion or monthly statements duly filed with the proper taxing authority in
the county of the dealership's location. Said copies should be stamped
received by the tax authority.
(C) Wholesale dealers may not apply for waiver of
dealer plate issuance restrictions.
(D) Once a waiver is granted authorizing a certain num-
ber of plates, the authorization under that waiver is good for three (3)
years.
(E) Waivers issued by the director or the director's de-
signee shall be reported to the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 21, 2004.
TRD-200404086
Brett Bray
Director
Texas Motor Vehicle Board
Proposed date of adoption: September 9, 2004
For further information, please call: (512) 416-4899
16 TAC 111.10The Texas Motor Vehicle Board of the Texas Department of
Transportation proposes amendments to 111.10 by adding
paragraph (5), requiring public posting of a dealer's license at
its place of business.
The addition of 111.10(5) requires a dealer to conspicuously
display to the public the license issued by the Board at each place
of business maintained by the dealer. This will inform the public
that they are dealing with a properly licensed business.
Brett Bray, Director, Motor Vehicle Division, has determined that
for the first five year period the proposed section is in effect, there
will no fiscal implications for state or local government as a result
of enforcing or administering the rule.
Mr. Bray also determined that for each year of the first five years
the amendment is in effect, the anticipated public benefit will be
to more easily determine the current license status of any dealer
while at the dealership. The rule will be of no cost to small busi-
nesses. Mr. Bray has also certified that there will be no impact
on local economies or overall employment as a result of enforc-
ing or administering the section.
Comments (15 copies), may be submitted to Brett Bray Direc-
tor, Motor Vehicle Division, Texas Department of Transportation,
P.O. Box 2293, Austin, Texas 78767, (512) 416-4899. The Motor
Vehicle Board will consider adoption of this proposed rule at its
meeting on September 9, 2004. The deadline for comments on
the proposed new rule is 5:00 p.m. on August 20, 2004.
The amendment is proposed under the Texas Occupations
Code 2301.155, and Texas Transportation Code 503.002,
which provides the Board with authority to adopt rules as
necessary and convenient to effectuate the provisions of the Act
and to govern practice and procedure before the agency.
Texas Transportation Code 503.038 is affected by the proposed
amendment.
111.10. Established and Permanent Place of Business.
All dealers must meet the following requirements at each location
where vehicles are sold or offered for sale.
(1) - (4) (No change.)
(5) A dealer shall at all times display the dealer license is-
sued by the Board in a manner that makes the license easily readable by
the public, in a conspicuous place at each place of business for which it
is issued. For dealers whose license applies to more than one location,
a copy of the original license may be displayed in the supplemental lo-
cation.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 24, 2004.
TRD-200404220
Brett Bray
Director
Texas Motor Vehicle Board
Proposed date of adoption: September 9, 2004
For further information, please call: (512) 416-4899
TITLE 19. EDUCATION29 TexReg 6492 July 9, 2004 Texas Register
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Texas. Secretary of State. Texas Register, Volume 29, Number 28, Pages 6463-6834, July 09, 2004, periodical, July 9, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101131/m1/29/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.