Texas Occupations Code 2301.606 – Conduct of Proceedings
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(a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013, and Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014.
(b) In a hearing under this subchapter, a manufacturer, converter, or distributor may plead and prove as an affirmative defense to a remedy under this subchapter that a nonconformity:
(1) is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle; or
(2) does not substantially impair the use or market value of the motor vehicle.
Terms Used In Texas Occupations Code 2301.606
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) An order issued under this subchapter may not require a manufacturer, converter, or distributor to make a refund or to replace a motor vehicle unless:
(1) the owner, a person on behalf of the owner, or the department has provided written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor; and
(2) the manufacturer, converter, or distributor has been given an opportunity to cure the alleged defect or nonconformity.
(d) A proceeding under this subchapter must be commenced not later than six months after the earliest of:
(1) the expiration date of the express warranty term; or
(2) the dates on which 24 months or 24,000 miles have passed since the date of original delivery of the motor vehicle to an owner.