This section defines an “economically impaired dealer” and limits when dealers may protest a relocation of such a dealer.
Sec. 2301.6522. RIGHT TO PROTEST: ECONOMICALLY IMPAIRED DEALER. (a) In this section, "economically impaired dealer" means a franchised dealer whose profitability has been, or is reasonably expected to be, substantially reduced at the dealer's current location, with no reasonable expectation of substantial improvement at that location, due to: (1) a natural disaster; (2) the exercise of eminent domain authority with respect to the dealership; or (3) the sale of all or part of the dealership to a governmental entity under threat of the exercise of eminent domain authority. (b) Notwithstanding any other provision of this chapter and except as provided by Subsections (c) and (d), a dealer may not protest the relocation of an economically impaired dealer if: (1) the relocation is reasonably expected to be completed before the first anniversary of the date of the event described by Subsection (a); and (2) the proposed relocation site is two miles or less from the economically impaired dealer's current location. (c) A dealer of the same line-make as an economically impaired dealer whose dealership is nearest to the proposed relocation site of the economically impaired dealer may protest the relocation if the proposed relocation site is more than two miles closer to the protesting dealer's dealership than the site of the economically impaired dealer's current location. (d) If more than one dealership location is an equal distance from the proposed relocation site and each dealer and dealership location satisfies the requirements of Subsection (c), each dealer may protest the relocation under Subsection (c). Added by Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 14, eff. September 1, 2011.