Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR REFUND. (a) An order issued under this subchapter must name the person responsible for paying the cost of any refund or replacement. A manufacturer, converter, or distributor may not cause a franchised dealer to directly or indirectly pay any money not specifically required by the order.
(b) If the final order requires a manufacturer, converter, or distributor to make a refund or replace a motor vehicle under this subchapter, the final order may require the franchised dealer to reimburse the owner, lienholder, manufacturer, converter, or distributor only for an item or option added to the vehicle by the dealer to the extent that the item or option contributed to the defect that served as the basis for the order.
(c) In a case involving a leased vehicle, the final order may terminate the lease and apportion allowances or refunds, including the reasonable allowance for use, between the lessee and lessor of the vehicle.
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. 21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 5, eff. January 1, 2014.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 4, eff. September 1, 2017.
Structure Texas Statutes
Title 14 - Regulation of Motor Vehicles and Transportation
Subtitle A - Regulations Related to Motor Vehicles
Chapter 2301 - Sale or Lease of Motor Vehicles
Subchapter M. Warranties: Rights of Vehicle Owners
Section 2301.602. Duty of Board
Section 2301.603. Conformance With Warranty Required
Section 2301.604. Replacement of or Refund for Vehicle
Section 2301.605. Rebuttable Presumption--Reasonable Number of Attempts
Section 2301.606. Conduct of Proceedings
Section 2301.607. Exhaustion of Administrative Remedies; Right to Sue
Section 2301.608. Assessment of Costs for Replacement or Refund
Section 2301.609. Judicial Review
Section 2301.610. Disclosure Statement
Section 2301.611. Annual Report on Repurchased or Replaced Vehicles