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 § 2301.478 (2026)

Action On Franchise

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 2301.478. ACTION ON FRANCHISE. (a) Notwithstanding the terms of any franchise or any other law, an action or proceeding brought by a manufacturer, representative, converter, or distributor against a dealer must be brought in an appropriate forum in this state only, and the law of this state applies to the action or proceeding.

(b) Each party to a franchise owes to the other party a duty of good faith and fair dealing that is actionable in tort.

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

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2004–2023 · leading case: Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 179 S.W.3d 589 (Tex. App. 2005).
Sort: Relevance Newest Treatment
Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 179 S.W.3d 589 (Tex. App. 2005). · cites it 3× “at 224 ; see also Tex. Occ.Code Ann. §§ 2301.478, .805 (West 2004).”
Mercedes-Benz United States, LLC v. Carduco, Inc., 562 S.W.3d 451 (Tex. App. 2016). · cites it 2× “"); see also TEX. OCC.CODE ANN. § 2301.478 (West, Westlaw through 2015 R.”
Bray v. Tejas Toyota, Inc., 363 S.W.3d 777 (Tex. App. 2012). “” Tex. Occ.Code Ann. § 2301.478 (West 2009).”
United Teacher Assocs. Ins. v. Union Labor Life Ins., 311 F. Supp. 2d 587 (W.D. Tex. 2004). “See Tex. Occ.Code Ann. § 2301.478 (West 2004).”
New World Car Nissan, Inc., D/B/A World Car Hyundai, & New World Car Imports, San Antonio, Inc., D/B/A World Car Hyundai v. Hyundai Motor Am. & Texas Dep't of Motor Vehs. (Tex. App. 2022). · cites it 2× “” TEX.OCC.CODE ANN. § 2301.478(b). New World Car specifically alleges HMA violated its duty of good faith and fair dealing because it did not act fairly or in good faith with New World Car in allocating vehicle inventory and in imposing sales requirements.”
Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Liberty Coach, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Liberty Coach, Inc.//Cross-Appellee, Buddy Gregg Motor Homes, Inc. (Tex. App. 2005). · cites it 3× “at 224 ; see also Tex. Occ. Code Ann. §§ 2301.478 , .805 (West 2004).”
Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Liberty Coach, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Liberty Coach, Inc.//Cross-Appellee, Buddy Gregg Motor Homes, Inc. (Tex. App. 2005). · cites it 2× “at 224 ; see also Tex. Occ. Code Ann. §§ 2301.478 , .805 (West 2004).”
Star Houston, Inc.// Cross-Appellant,Volvo Cars of North Am., LLC N/K/A Volvo Car USA, LLC v. Volvo Cars of North Am., LLC N/K/A Volvo Car USA, LLC, & Bd. of the Texas Dep't of Motor Vehs.// Star Houston, Inc., & Bd. of the Texas Dep't of Motor Vehs. (Tex. App. 2023). “See Tex. Occ. Code § 2301.478(b). “Determining whether a party acts in good faith entails an equitable evaluation of the behaviors in question.”
Richard Poe, II v. FCA US, LLC (6th Cir. 2023). “See Tex. Occ. Code § 2301.478(b). But the Texas Motor Vehicle Board has “exclusive original jurisdiction” over “claims and issues the Code governs.”
Brett Bray, in His Off. Capacity as Dir. of the Motor Veh. Div. of the Texas Dep't of Transp. & Gulf States Toyota, Inc.// Tejas Toyota, Inc. v. Tejas Toyota, Inc.// Cross- Brett Bray, in His Off. Capacity as Dir. of the Motor Veh. Div. of the Texas Dep't of Transp. & Gulf States Toyota, Inc. (Tex. App. 2012). “" Tex. Occ. Code Ann. § 2301.478 (West 2009).”
Brett Bray, in His Off. Capacity as Dir. of the Motor Veh. Div. of the Texas Dep't of Transp. & Gulf States Toyota, Inc.// Tejas Toyota, Inc. v. Tejas Toyota, Inc.// Cross- Brett Bray, in His Off. Capacity as Dir. of the Motor Veh. Div. of the Texas Dep't of Transp. & Gulf States Toyota, Inc. (Tex. App. 2012). “” Tex. Occ. Code Ann. § 2301.478 (West 2009).”
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). “Further, Texas Occupations Code § 2301.478(b) imposes a requirement of good faith and fair dealing on every party to a franchise agreement.”
— Tex. Occ. Code § 2301.478(b) — 5 cases
Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 179 S.W.3d 589 (Tex. App. 2005). “at 224 ; see also Tex. Occ.Code Ann. §§ 2301.478, .805 (West 2004).”
New World Car Nissan, Inc., D/B/A World Car Hyundai, & New World Car Imports, San Antonio, Inc., D/B/A World Car Hyundai v. Hyundai Motor Am. & Texas Dep't of Motor Vehs. (Tex. App. 2022). “” TEX.OCC.CODE ANN. § 2301.478(b). New World Car specifically alleges HMA violated its duty of good faith and fair dealing because it did not act fairly or in good faith with New World Car in allocating vehicle inventory and in imposing sales requirements.”
Star Houston, Inc.// Cross-Appellant,Volvo Cars of North Am., LLC N/K/A Volvo Car USA, LLC v. Volvo Cars of North Am., LLC N/K/A Volvo Car USA, LLC, & Bd. of the Texas Dep't of Motor Vehs.// Star Houston, Inc., & Bd. of the Texas Dep't of Motor Vehs. (Tex. App. 2023). “See Tex. Occ. Code § 2301.478(b). “Determining whether a party acts in good faith entails an equitable evaluation of the behaviors in question.”
Richard Poe, II v. FCA US, LLC (6th Cir. 2023). “See Tex. Occ. Code § 2301.478(b). But the Texas Motor Vehicle Board has “exclusive original jurisdiction” over “claims and issues the Code governs.”
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). “Further, Texas Occupations Code § 2301.478(b) imposes a requirement of good faith and fair dealing on every party to a franchise agreement.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.