(a) The board or department may take the following actions against a license applicant, a license holder, or a person engaged in business for which a license is required:
  (1) deny an application;
  (2) revoke a license;
  (3) suspend a license;
  (4) assess a civil penalty;
  (5) issue a cease and desist order; or
  (6) take other authorized action.
(b) The board or department may take action described in subsection (a) of this section if a license applicant, a license holder, or a person engaged in business for which a license is required:
  (1) fails to maintain records required under this chapter;
  (2) refuses or fails within 15 days to comply with a request for records made by a representative of the department;
  (3) sells or offers to sell a motor vehicle to a retail purchaser other than through a licensed or authorized dealer;
  (4) fails to submit a license amendment application in the electronic licensing system designated by the department to notify the department of a change of the license holder's physical address, mailing address, telephone number, or email address within 10 days of the change;
  (5) fails to timely submit a license amendment application in the electronic licensing system designated by the department to notify the department of a license holder's business or assumed name change, deletion of a line-make, or management or ownership change;
  (6) fails to notify the department or pay or reimburse a franchised dealer as required by law;
  (7) misuses or fails to display a license plate as required by law;
  (8) is a manufacturer or distributor and fails to provide a manufacturer's certificate for a new vehicle;
  (9) fails to remain regularly and actively engaged in the business of manufacturing, assembling, or modifying a new motor vehicle of the type and line make for which a license has been issued by the department;
  (10) violates a provision of Occupations Code, Chapter 2301; Transportation Code Chapters 501-503 or 1001-1005; a board order or rule; or a regulation of the department relating to the manufacture, assembly, sale, lease, distribution, financing, or insuring of vehicles, including advertising rules under Subchapter F of this chapter (relating to Advertising);
  (11) is convicted of an offense that directly relates to the duties or responsibilities of the occupation in accordance with §211.3 of this title (relating to Criminal Offense Guidelines);
  (12) is determined by the board or department, in accordance with §215.89 of this title (relating to Fitness), to be unfit to hold a license;
  (13) omits 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;
  (14) fails to remit payment as ordered for a civil penalty assessed by the board or department;
  (15) violates any state or federal law or regulation relating to the manufacture, distribution, modification, or sale of a motor vehicle;
  (16) fails to issue a refund as ordered by the board or department; or
  (17) fails to participate in statutorily required mediation without good cause.

Source Note: The provisions of this §215.121 adopted to be effective June 1, 2024, 49 TexReg 2704