Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 2301.461 - Liability of Franchised Dealer(a) Notwithstanding the terms of any franchise or any other law, a franchised dealer's preparation, delivery, and warranty obligations are the dealer's sole responsibility for product liability as between the dealer and a manufacturer or distributor.(b) Notwithstanding the terms of any franchise or any other law, a manufacturer or distributor shall reimburse the dealer for any loss incurred by the dealer, including legal fees, court costs, and damages, as a result of the dealer having been named a party in a product liability action, except for a loss caused by the dealer's: (1) failure to comply with an obligation described by Subsection (a);(2) negligence or intentional misconduct; or(3) modification of a product without the authorization of the manufacturer or distributor.Tex. Occ. Code § 2301.461
Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1135,Sec. 17, eff. 9/1/2013.Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.617, eff. 9/1/2003.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. 6/1/2003.