Texas Codes

Tex. Occ. Code § 2301.203 (2026)

Complaint Investigation And Disposition

✓ current as of May 2026

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Sec. 2301.203. COMPLAINT INVESTIGATION AND DISPOSITION. (a) If the board has reason to believe, through receipt of a complaint or otherwise, that a violation of this chapter or a rule, order, or decision of the board has occurred or is likely to occur, the board shall conduct an investigation unless it determines that the complaint is frivolous or for the purpose of harassment.

(b) If the investigation establishes that a violation of this chapter or a rule, order, or decision of the board has occurred or is likely to occur, the board shall initiate proceedings as it determines appropriate to enforce this chapter or its rules, orders, and decisions.

(c) The board may not file a complaint alleging a violation of this chapter or a board rule relating to advertising until the board has notified the license holder involved of the alleged violation and given the license holder an opportunity to cure the violation without further proceedings or liability.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Notes of Decisions

Cited in 5 cases, 2005–2011 · leading case: Ford Motor Co. v. Butnaru, 157 S.W.3d 142 (Tex. App. 2005).

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Ford Motor Co. v. Butnaru, 157 S.W.3d 142 (Tex. App. 2005). “We sustain Ford’s argument that the error requires a modification of the Board’s order, and we substitute the phrase “is ordered to conduct such investigation and” with the word “may” so that the order reads, in relevant part: the Board may hold such proceedings as necessary, in…”

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 4× “See Tex. Occ. Code Ann. § 2301.203 (c) (West 2004) (board may not file complaint alleging violation of board rule relating to advertising until board has notified license holder of alleged violation and given license holder “an opportunity to cure the violation without further…”

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 4× “See Tex. Occ. Code Ann. § 2301.203 (c) (West 2004) (board may not file complaint alleging violation of board rule relating to advertising until board has notified license holder of alleged violation and given license holder "an opportunity to cure the violation without further…”

Ford Motor Co. v. Hanan Butnaru, Gil Butnaru, & Motor Veh. Bd. of the Texas Dep't of Transp. (Tex. App. 2005). · cites it 2× “Ford , the Board is ordered to conduct such investigation and hold such proceedings as necessary, in accordance with [ Tex. Occ. Code Ann. § 2301.203 ], in order to specifically respond to the code construction issues raised in this Order.”

Ford Motor Co. v. Hanan Butnaru, Gil Butnaru, & Motor Veh. Bd. of the Texas Dep't of Transp. (Tex. App. 2005). “Ford, the Board is ordered to conduct such investigation and hold such proceedings as necessary, in accordance with [ Tex. Occ. Code Ann. § 2301.203 ], in order to specifically respond to the code construction issues raised in this Order.”

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