Section 215.109 - Replacement DealershipAn 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.43 Tex. Admin. Code § 215.109
The provisions of this §215.109 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 10, 2011, 36 TexReg 433; Amended by Texas Register, Volume 42, Number 06, February 10, 2017, TexReg 578, eff. 2/13/2017; Amended by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2720, eff. 6/1/2024