A manufacturer, converter, or distributor may raise an affirmative defense in a hearing under this subchapter, and proceedings must be started within six months of the relevant warranty or delivery milestones.
Sec. 2301.606. CONDUCT OF PROCEEDINGS. (a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff.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. (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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 19, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 140(1), eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 3, eff. January 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 12, eff. January 1, 2014. Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 2, eff. September 1, 2017.