A franchised dealer may protest certain dealership relocations only when the statute’s location and line-make conditions are met, and it may not protest when the relocation falls within the listed distance-based exceptions.
Sec. 2301.6521. RIGHT TO PROTEST: CERTAIN RELOCATIONS. (a) In this section, "affected county" means: (1) a county with a population of 1.2 million or more; or (2) a county with a population of 800,000 or more but less than 1.1 million that is adjacent to a county with a population of 1.2 million or more. (b) Notwithstanding any other provision of this chapter and except as provided by Subsection (d), a franchised dealer may protest an application to relocate a dealership from a location in an affected county to a location within the same affected county or an adjacent affected county only if the dealer is: (1) a dealer of the same line-make as the relocating dealership and is in the affected county where the proposed dealership is being relocated and is nearest to the proposed relocation site, if no dealership of the same line-make as the relocating dealership is located within 15 miles of the proposed relocation site; or (2) a dealer of the same line-make as the relocating dealership whose dealership location is within 15 miles of the proposed relocation site. (c) 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 (b)(1), each dealer may protest the relocation under Subsection (b)(1). (d) A franchised dealer may not protest an application to relocate a dealership under this section if the proposed relocation site is not: (1) more than two miles from the site where the dealership is currently located; or (2) closer to the franchised dealer than the site from which the dealership is being relocated. Added by Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 14, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1338 (S.B. 854), Sec. 2, eff. June 14, 2013. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 206, eff. September 1, 2023.