Tex. Occ. Code § 2301.605 · Subchapter M. WARRANTIES: RIGHTS OF VEHICLE OWNERS
REBUTTABLE PRESUMPTION--REASONABLE NUMBER OF ATTEMPTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if:
(1) the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:
(A) the date the express warranty expires; or
(B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner;
(2) the same nonconformity creates a serious safety hazard and continues to exist after causing the vehicle to have been subject to repair two or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:
(A) the date the express warranty expires; or
(B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner; or
(3) a nonconformity still exists that substantially impairs the vehicle's use or market value, the vehicle is out of service for repair for a cumulative total of 30 or more days, and the attempts were made before the earlier of:
(A) the date the express warranty expires; or
(B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner.
(b) A period or a number of days or miles described by Subsection (a) is extended for any period that repair services are not available to the owner because of:
(1) a war, invasion, or strike; or
(2) a fire, flood, or other natural disaster.
(c) The 30 days described by Subsection (a)(3) do not include any period during which the manufacturer or distributor lends the owner a comparable motor vehicle while the owner's vehicle is being repaired by a franchised dealer.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2301.htm
- Text hash
- sha256 291792d2ddfae61c15f8687ef2e8ee45692e862a9cb2aed3c0a3f171859f43b1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 2 provisions
Provisions in this library whose text cites Tex. Occ. Code § 2301.605. Each shows the citation as that text prints it.
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