Section 215.175 - Sanctions(a) The board or department may: (1) deny a vehicle lessor or vehicle lease facilitator application;(2) revoke or suspend a vehicle lessor or vehicle lease facilitator license; or(3) assess a civil penalty or take other action on a vehicle lessor or vehicle lease facilitator applicant or license holder, or a person engaged in business for which a vehicle lessor or vehicle lease facilitator license is required.(b) The board or department may take action described in subsection (a) of this section if a vehicle lessor or vehicle lease facilitator applicant or license holder, or a person engaged in business for which a vehicle lessor or vehicle lease facilitator license is required: (1) fails to maintain an established and permanent place of business required by § 215.177 of this title (relating to Established and Permanent Place of Business);(2) fails to maintain records required under this subchapter;(3) refuses or fails to comply with a request by a representative of the department to examine during the vehicle lessor's or vehicle lease facilitator's posted business hours at the vehicle lessor's or vehicle lease facilitator's licensed location: (A) a vehicle leasing record required to be maintained by § 215.178 of this title (relating to Records Required for Vehicle Lessors and Vehicle Lease Facilitators);(B) ownership papers for a vehicle owned, leased, or under that vehicle lessor's or vehicle lease facilitator's control; or(C) evidence of ownership or a current premises lease agreement for the property upon which the business is located;(4) refuses or fails to timely comply with a request for records made by a representative of the department;(5) fails to notify the department in writing by electronically submitting a license amendment in the licensing system designated by the department within 10 days of a change of the vehicle lessor or vehicle lease facilitator license holder's: (6) fails to notify the department in writing by electronically submitting a license amendment in the licensing system designated by the department within 10 days of a change of the vehicle lessor or vehicle lease facilitator license holder's name, assumed name, management, or ownership;(7) fails to comply with the fee restrictions or other requirements under Occupations Code, § 2301.357 or Chapter 2301, Subchapter L. Vehicle Lessors and Vehicle Lease Facilitators;(8) fails to maintain advertisement records or otherwise fails to comply with the advertising requirements of: (B) Subchapter F of this chapter (relating to Advertising);(9) violates any law relating to the sale, lease, distribution, financing, or insuring of motor vehicles;(10) is convicted of an offense that, in accordance with Occupations Code, Chapter 53 and with § 211.3 of this title (relating to Criminal Offense Guidelines), directly relates to the duties or responsibilities of the licensed occupation;(11) is determined by the board or department, in accordance with § 215.89 of this title (relating to Fitness), to be unfit to hold a vehicle lessor or vehicle lease facilitator license;(12) uses or allows use of a vehicle lessor or vehicle lease facilitator license in violation of any law or for the purpose of avoiding any provision of Occupations Code, Chapter 2301; or(13) omits material information or makes a material misrepresentation in any application or other documentation filed with the department including providing a false or forged identity document or a false or forged photograph, electronic image, or other document.(c) The board or department may take action on a vehicle lessor's license or assess civil penalties for the vehicle lessor's failure to notify the department in writing by electronically submitting a license amendment in the licensing system designated by the department within 10 days of any change, addition, or deletion to the list of vehicle lease facilitators with whom the vehicle lessor conducts business, including any change to a vehicle lease facilitator's mailing address, physical address, telephone number, or email address.(d) The board or department may take action on a vehicle lease facilitator's license or assess civil penalties for the failure to notify the department in writing within 10 days by electronically submitting a license amendment in the licensing system designated by the department of any change, addition, or deletion to the list of vehicle lessors for whom the vehicle lease facilitator conducts business, including any change to a vehicle lessor's mailing address, physical address, telephone number, or email address.(e) The board or department may take action on a vehicle lessor's or vehicle lease facilitator's license if the vehicle lessor or vehicle lease facilitator accepts a fee from a dealer, directly or indirectly, for referring a customer who purchases or considers purchasing a motor vehicle.43 Tex. Admin. Code § 215.175
The provisions of this §215.175 adopted to be effective February 11, 2010, 35 TexReg 883; Amended by Texas Register, Volume 42, Number 06, February 10, 2017, TexReg 584, eff. 2/13/2017; Amended by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2740, eff. 6/1/2024