Tex. Occ. Code § 2301.607 · Subchapter M. WARRANTIES: RIGHTS OF VEHICLE OWNERS
EXHAUSTION OF ADMINISTRATIVE REMEDIES; RIGHT TO SUE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A refund or replacement under this subchapter because a motor vehicle is alleged to not conform to an express warranty is not available to the owner of the vehicle unless the owner has exhausted the administrative remedies provided by this subchapter.
(b) A refund or replacement under this subchapter is not available to a party in an action against a seller under Chapter 2 or 17, Business & Commerce Code, but is available in an action against a manufacturer, converter, or distributor brought under Chapter 17, Business & Commerce Code, after the owner has exhausted the administrative remedies provided by this subchapter.
(c) If a final order is not issued before the 151st day after the date a complaint is filed under this subchapter, the department shall provide written notice by certified mail to the complainant and to the manufacturer, converter, or distributor of the expiration of the 150-day period and of the complainant's right to file a civil action. The department shall extend the 150-day period if a delay is requested or caused by the person who filed the complaint.
(d) Notwithstanding a requirement of this section that administrative remedies be exhausted, a person who receives notice under Subsection (c) may file a civil action against any person named in the complaint.
(e) The failure to issue notice under Subsection (c) does not affect a person's right to bring an action under this chapter.
(f) This subchapter does not limit a right or remedy otherwise available to an owner under another law.
(g) A contractual provision that excludes or modifies a remedy provided by this subchapter is prohibited and is void as against public policy unless the exclusion or modification is made under a settlement agreement between the owner and the manufacturer, converter, or distributor.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 20, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 4, eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 3, 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 6ec57028245394a7d4679f9abbb0a61caaae70c498663d531fd00c9d7d8e55b0
- 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
This section cites
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.