Tex. Codes » Occupations Code · TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION · SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES · CHAPTER 2301. SALE OR LEASE OF MOTOR VEHICLES
Texas Codes

Tex. Occ. Code § 2301.360 (2026)

Review By Board Following Denial Of Transfer

✓ current as of May 2026
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Sec. 2301.360. REVIEW BY BOARD FOLLOWING DENIAL OF TRANSFER. (a) A dealer whose application is rejected under Section 2301.359 may file a protest with the board. A protest filed under this section is a contested case.

(b) In a protest under this section, the board must determine whether the rejection was reasonable under the criteria described by Section 2301.359. The burden is on the manufacturer or distributor to prove that the prospective transferee is not qualified under the criteria. The board shall enter an order holding that the prospective transferee either is qualified or is not qualified.

(c) If the board's order is that the prospective transferee is qualified, the dealer's franchise is amended to reflect the change in franchisee, and the manufacturer or distributor shall accept the transfer for all purposes.

(d) If the board's order is that the prospective transferee is not qualified, the board may include in the order:

(1) specific reasons why the prospective transferee is not qualified; and

(2) specific conditions under which the prospective transferee would be qualified.

(e) If the board's order that a prospective transferee is not qualified includes specific conditions under which the prospective transferee would be qualified, the board may retain jurisdiction of the dispute for a time certain to allow the dealer and prospective transferee to meet the conditions.

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 684 (H.B. 2640), Sec. 2, eff. September 1, 2009.

Notes of Decisions
Cited in 18 cases, 2005–2015 · 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). · cites it 2× “; see also Tex.Occ.Code Ann. § 2301.360. Although the code does not establish any procedure for resolving the claim of a prospective transferee under the same scenario, the State has an interest in the uniform interpretation of the code provision concerning dealership transfers.”
Gen. Motors Corp. v. Bray, 243 S.W.3d 678 (Tex. App. 2008). “See Tex. Occ.Code Ann. § 2301.360(b) (“In a protest under this section, the board must determine whether the prospective transferee is qualified.”
Sterling Truck Corp. v. Motor Veh. Bd. of Texas Dep't of Transp., 255 S.W.3d 368 (Tex. App. 2008). “See Tex. Occ.Code Ann. § 2301.360(c) (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 7× “5, 7, 18, 35 Tex. Occ. Code § 2301.360 ...............”
Ford Motor Co. v. Hanan Butnaru, Gil Butnaru, & Motor Veh. Bd. of the Texas Dep't of Transp. (Tex. App. 2005). · cites it 2× “; see also Tex. Occ. Code Ann. § 2301.360 . Although the code does not establish any procedure for resolving the claim of a prospective transferee under the same scenario, the State has an interest in the uniform interpretation of the code provision concerning dealership…”
Ford Motor Co. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Metro Ford Truck Sales, Inc. (Tex. App. 2008). · cites it 2× “See Tex. Occ. Code Ann. § 2301.360 (a). Regardless of any inadequacies in materials sent to Ford about the sale, Ford’s letter rejecting the proposed sale is a “statement setting forth the material reasons for the rejection” as described by the occupations code (although it,…”
Ford Motor Co. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Metro Ford Truck Sales, Inc. (Tex. App. 2008). · cites it 2× “See Tex. Occ. Code Ann. § 2301.360 (a). Regardless of any inadequacies in materials sent to Ford about the sale, Ford's letter rejecting the proposed sale is a "statement setting forth the material reasons for the rejection" as described by the occupations code (although it,…”
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× “39 TEX. OCC. CODE § 2301.360 ...............”
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× “5, 6 Tex. Occ. Code § 2301.360 ...............”
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× “6, 8 Tex. Occ. Code § 2301.360 ...............”
Ford Motor Co. v. Hanan Butnaru, Gil Butnaru, & Motor Veh. Bd. of the Texas Dep't of Transp. (Tex. App. 2005). “See Tex. Occ. Code Ann. § 2301.360 . 9 directives in the aftermath of the supreme court’s opinion.”
Gen. Motors Corp. v. Brett Bray, in His Off. Capacity as Dir. of the Motor Veh. Div. of the Texas Dep't of Transp. Charles E. Elliott & Eaton Motor Co., Inc. (Tex. App. 2007). “See Tex. Occ. Code Ann. § 2301.360 (b) ("In a protest under this section, the board must determine whether the prospective transferee is qualified.”
Show all 18 citing cases →
— Tex. Occ. Code § 2301.360(a) — 5 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). “5, 7, 18, 35 Tex. Occ. Code § 2301.360 ...............”
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).
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).
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). “39 TEX. OCC. CODE § 2301.360 ...............”
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).
— Tex. Occ. Code § 2301.360(b) — 2 cases
Gen. Motors Corp. v. Bray, 243 S.W.3d 678 (Tex. App. 2008). “See Tex. Occ.Code Ann. § 2301.360(b) (“In a protest under this section, the board must determine whether the prospective transferee is qualified.”
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). “5, 7, 18, 35 Tex. Occ. Code § 2301.360 ...............”
— Tex. Occ. Code § 2301.360(c) — 1 case
Sterling Truck Corp. v. Motor Veh. Bd. of Texas Dep't of Transp., 255 S.W.3d 368 (Tex. App. 2008). “See Tex. Occ.Code Ann. § 2301.360(c) (West 2004).”
— Tex. Occ. Code § 2301.360(d) — 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). “5, 6 Tex. Occ. Code § 2301.360 ...............”
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). “5, 7, 18, 35 Tex. Occ. Code § 2301.360 ...............”
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