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Texas Business & Commerce Code

§ 57.301 — COERCED ORDERS, DELIVERIES, OR REFUSALS TO PURCHASE

BC § 57.301Title 4. BUSINESS OPPORTUNITIES AND AGREEMENTS · Ch. 57. AGRICULTURAL, CONSTRUCTION, INDUSTRIAL, MINING, FORESTRY, LANDSCAPING, AND OUTDOOR POWER EQUIPMENT DEALER AGREEMENTS · Art. G. DELIVERY, SALE, AND RETURN OF EQUIPMENT

Statute text

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(a)A supplier may not coerce, compel, or require a dealer to accept delivery of equipment or a repair part that has not been voluntarily ordered by the dealer, unless:
(1)the equipment or repair part is a safety feature required by the supplier or applicable law; or
(2)the dealer is otherwise required by applicable law to accept the delivery.
(b)A supplier may not coerce a dealer to refuse purchase of equipment manufactured by another supplier.
(c)It shall not be considered a violation of this section if the supplier requires a dealer to have or provide separate facilities, financial statements, or sales staff for major competing product lines if the supplier gives the dealer at least three years' notice of such a requirement.

Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.

Source: Texas Business & Commerce Code § 57.301 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.