Texas Codes

Tex. Occ. Code § 2301.153 (2026)

General Powers Of Board

✓ current as of May 2026

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Sec. 2301.153. GENERAL POWERS OF BOARD. (a) Notwithstanding any other provision of law, the board has all powers necessary, incidental, or convenient to perform a power or duty expressly granted under this chapter, including the power to:

(1) initiate and conduct proceedings, investigations, or hearings;

(2) administer oaths;

(3) receive evidence and pleadings;

(4) issue subpoenas to compel the attendance of any person;

(5) order the production of any tangible property, including papers, records, or other documents;

(6) make findings of fact on all factual issues arising out of a proceeding initiated under this chapter;

(7) specify and govern appearance, practice, and procedures before the board;

(8) adopt rules and issue conclusions of law and decisions, including declaratory decisions or orders;

(9) enter into contracts;

(10) execute instruments;

(11) retain counsel;

(12) use the services of the attorney general and institute and direct the conduct of legal proceedings in any forum;

(13) obtain other professional services as necessary and convenient;

(14) impose a sanction for contempt;

(15) assess and collect fees and costs, including attorney's fees;

(16) issue, suspend, or revoke licenses;

(17) prohibit and regulate acts and practices in connection with the distribution and sale of motor vehicles or warranty performance obligations;

(18) issue cease and desist orders in the nature of temporary or permanent injunctions;

(19) impose a civil penalty;

(20) enter an order requiring a person to:

(A) repurchase property under Section 2301.465 and pay costs and expenses of a party in connection with an order entered under that section;

(B) perform an act other than the payment of money; or

(21) enforce a board order.

(b) The board may inspect the books and records of a license holder in connection with the performance of its duties under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.606(a), eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 2, eff. September 1, 2011.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2004–2025 · leading case: Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 156 S.W.3d 91 (Tex. App. 2004).

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Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 156 S.W.3d 91 (Tex. App. 2004). · cites it 2× “Tex. Occ.Code Ann. §§ 2301.153, .651-654, .”

Pretzer v. Motor Veh. Bd., 138 S.W.3d 908 (Tex. 2004). “See now TEX. OCC. CODE § 2301.153(a) ("Notwithstanding any other provision of law, the board has all powers necessary, incidental, or convenient to perform a power or duty expressly granted under this chapter, including the power to; .”

Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off. (Tex. App. 2015). · cites it 4× “18, 25 Tex. Occ. Code § 2301.151 ...............”

Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Marathon Coach, Inc., D/B/A Marathon Coach of Texas v. Motor Veh. Bd. of the Texas Dep't of Transp. & Marathon Coach, Inc., D/B/A Marathon Coach of Texas//Cross-Appellees, Motor Veh. Bd. of the Texas Dep't of Transp. & Buddy Gregg Motor Homes, Inc. (Tex. App. 2004). · cites it 2× “Tex. Occ. Code Ann. §§ 2301.153 , .651-654, .”

Cont'l Imports, Ltd. D/B/A Mercedes Benz of Austin v. L. David Brunke in His Off. Capacity as Acting Dir. of the Motor Veh. Div. of the Texas Dep't of Transp., & the Motor Veh. Div. of the Texas Dep't of Transp. (Tex. App. 2011). · cites it 2× “See Tex. Occ. Code Ann. § 2301.153 (a)(20)(b) (West 2004).”

Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off. (Tex. App. 2015). · cites it 2× “x, 6, 9, 10 Tex. Occ. Code § 2301.153 ...............”

AFLOA, LLC v. Texas Dep't of Motor Vehs. (Tex. App. 2025). “Tex. Occ. Code §§ 2301.153(a)(16), 2301.651.”

— Tex. Occ. Code § 2301.153(1) — 1 case

Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 156 S.W.3d 91 (Tex. App. 2004). “Tex. Occ.Code Ann. §§ 2301.153, .651-654, .”

— Tex. Occ. Code § 2301.153(a) — 2 cases

Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off. (Tex. App. 2015). “18, 25 Tex. Occ. Code § 2301.151 ...............”

— Tex. Occ. Code § 2301.153(a)(16) — 1 case

AFLOA, LLC v. Texas Dep't of Motor Vehs. (Tex. App. 2025). “Tex. Occ. Code §§ 2301.153(a)(16), 2301.651.”

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