Tex. Occ. Code § 2352.001 · Subchapter A. GENERAL PROVISIONS
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In this chapter:
(1) "Agreement" means a written agreement between a manufacturer or distributor and a dealer for the purchase and sale of new boats or new boat motors.
(2) "Boat" means:
(A) a motorboat; or
(B) any other vessel that is more than 14 feet in length and is designed to be propelled by a sail.
(2-a) "Boat motor" means a mechanical form of propulsion for a vessel, including an inboard or outboard motor.
(3) "Dealer" means a person engaged in the business of buying, selling, selling on consignment, displaying for sale, or exchanging at least five vessels, motorboats, or boat motors during a calendar year.
(4) "Distributor" means a person who:
(A) offers for sale, sells, or distributes new boats or new boat motors to dealers; or
(B) controls a person described by Paragraph (A).
(5) "Manufacturer" means a person engaged in the business of manufacturing new and unused vessels or boat motors for the purpose of sale or trade.
(5-a) "Marketing standards" means mutually agreed standards in a manufacturer's marketing or promotional activities.
(6) "Motorboat" has the meaning assigned by Section 31. 003, Parks and Wildlife Code.
(7) "New" has the meaning assigned by Section 31.003, Parks and Wildlife Code.
(8) "Outboard motor" has the meaning assigned by Section 31.003, Parks and Wildlife Code.
(8-a) "Performance standards" means reasonable standards that are mutually developed and agreed to by a manufacturer and a dealer relating to:
(A) achievement of market share by a dealer for manufacturer products sold in a territory;
(B) achievement of a level of performance in a manufacturer's certified dealer program, if any; and
(C) participation in a plan that addresses improvement, if needed, in dealer performance.
(8-b) "Territory" means:
(A) for the sale of a manufacturer's boats, a defined geographical area within which a dealer is appointed by the manufacturer as the sole authorized dealer; or
(B) for the sale of all other manufacturer products, a market area within which a dealer is appointed by the manufacturer as an authorized dealer.
(9) "Vessel" has the meaning assigned by Section 31.003, Parks and Wildlife Code.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 1, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2352.htm
- Text hash
- sha256 73fb8bcd4c1f4963d78de93b1709d28581efc51b40b2a27c0e9b8fb5fbe2d685
- 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
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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.