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 § 2301.801 (2026)

Civil Penalty

✓ laws through the 89th Legislature (2025)
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Sec. 2301.801. CIVIL PENALTY. (a) If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.038(a), Transportation Code, the board may impose a civil penalty. The amount of the penalty may not exceed $10,000 for each violation. Each act of violation and each day a violation continues is a separate violation.

(b) In determining the amount of the penalty, the board shall consider:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the harm or potential harm to the safety of the public;

(2) the economic damage to the public caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(c) Notwithstanding any other law to the contrary, a civil penalty recovered under this chapter shall be deposited in the state treasury to the credit of the Texas Department of Motor Vehicles fund.

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

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 5, eff. September 1, 2013.

Notes of Decisions
Cited in 13 cases, 2004–2014 · 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.—Austin 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.—Austin 2004). “See Tex. Occ.Code Ann. §§ 2301.801, .802. However, Marathon was operating under a valid license before Buddy Gregg presented its complaint to the Board.”
Pretzer v. Motor Veh. Bd., 138 S.W.3d 908 (Tex. 2004). “See now TEX. OCC. CODE § 2301.801(a) ("If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.”
Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 179 S.W.3d 589 (Tex. App.—Austin 2005). “See Tex. Occ.Code Ann. § 2301.801 (West 2004) (imposing maximum of $10,000 per violation).”
Sterling Truck Corp. v. Motor Veh. Bd. of Texas Dep't of Transp., 255 S.W.3d 368 (Tex. App.—Austin 2008). · cites it 2× “Section 2301.359 describes the duties of a franchisor and franchisee when the franchisee desires to transfer its franchise or a controlling interest in the dealership.”
Sterling Truck Corp. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Metro Ford Truck Sales, Inc., No. 03-05-00288-CV (Tex. App.—Austin May 1, 2008). · cites it 2× “359 describes the duties of a franchisor and franchisee when the franchisee desires to transfer its franchise or a controlling interest in the dealership.”
Sterling Truck Corp. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Metro Ford Truck Sales, Inc., No. 03-05-00288-CV (Tex. App.—Austin May 1, 2008). · cites it 2× “Section 2301.359 describes the duties of a franchisor and franchisee when the franchisee desires to transfer its franchise or a controlling interest in the dealership.”
Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Marathon Coach, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Marathon Coach, Inc., No. 03-03-00543-CV (Tex. App.—Austin Dec. 16, 2004). “See Tex. Occ. Code Ann. §§ 2301.801 , .802. However, Marathon was operating under a valid license before Buddy Gregg presented its complaint to the Board.”
Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Marathon Coach, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Marathon Coach, Inc., No. 03-03-00543-CV (Tex. App.—Austin Dec. 16, 2004). “See Tex. Occ. Code Ann. §§ 2301.801 , .802. However, Marathon was operating under a valid license before Buddy Gregg presented its complaint to the Board.”
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., No. 03-04-00200-CV (Tex. App.—Austin July 28, 2005). “See Tex. Occ. Code Ann. § 2301.801 (West 2004) (imposing maximum of $10,000 per violation).”
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., No. 03-04-00200-CV (Tex. App.—Austin July 28, 2005). “See Tex. Occ. Code Ann. § 2301.801 (West 2004) (imposing maximum of $10,000 per violation).”
Cont'l Imports, Ltd. v. L. David Brunke, No. 03-10-00719-CV, 2011 WL 6938489 (Tex. App.—Austin Dec. 30, 2011). “095 (a) (West 2007) (person who violates rule adopted under this chapter is subject to civil penalty of not less than $50 or more than $1,000); Tex. Occ. Code Ann. § 2301.801 (a) (West 2004) (amount of penalty may not exceed $10,000 for each violation).”
Cont'l Imports, Ltd. v. L. David Brunke, No. 03-10-00719-CV (Tex. App.—Austin Dec. 30, 2011). “095 (a) (West 2007) (person who violates rule adopted under this chapter is subject to civil penalty of not less than $50 or more than $1,000); Tex. Occ. Code Ann. § 2301.801 (a) (West 2004) (amount of penalty may not exceed $10,000 for each violation).”
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Tex. Occ. Code § 2301.801(a): 1 case
Pretzer v. Motor Veh. Bd., 138 S.W.3d 908 (Tex. 2004). “See now TEX. OCC. CODE § 2301.801(a) ("If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.”
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