(a) The number of dealer's standard license plates a dealer may order for business use is based on the type of license for which the dealer applied and the number of vehicles the dealer sold during the previous year.
(b) A new license applicant is allotted a predetermined number of dealer's standard license plates for the duration of the dealer's first license term.
(c) Unless otherwise qualified under this section, the maximum number of dealer's standard license plates the department will issue to a new license applicant during the applicant's first license term is indicated in the following table.
Attached Graphic
(d) A dealer applying for a license is not subject to the initial allotment limits described in this section and may rely on that dealer's existing allocation of dealer's standard license plates if that dealer is:
  (1) a franchised dealership subject to a buy-sell agreement, regardless of a change in the entity or ownership;
  (2) any type of dealer that is relocating and has been licensed by the department for a period of one year or longer; or
  (3) any type of dealer that is changing its business entity type and has been licensed by the department for a period of one year or longer.
(e) The maximum number of dealer's standard license plates the department will issue to a vehicle dealer per license term is indicated in the following table.
Attached Graphic
(f) A dealer may obtain more than the maximum number of dealer's standard license plates provided by this section by submitting to the department proof of sales for the previous 12-month period that justifies additional allocation.
  (1) The number of additional dealer's standard license plates the department will issue to a dealer that demonstrates a need through proof of sales is indicated in the following table.
Attached Graphic
  (2) For purposes of this section, proof of sales for the previous 12-month period may consist of a copy of the most recent vehicle inventory tax declaration or monthly statements filed with the taxing authority in the county of the dealer's licensed location. Each copy must be stamped as received by the taxing authority. The department will consider a franchised dealer's license renewal application that indicates sales of more than 200 units to be proof of sales of more than 200 units and no additional proof is required.
  (3) The department may not issue more than two dealer's standard license plates to a wholesale motor vehicle dealer. For purposes of this section, a wholesale motor vehicle dealer's proof of sales may be demonstrated to the department by submitting:
    (A) evidence of the wholesale motor vehicle dealer's sales for the previous 12-month period, if the wholesale motor vehicle dealer has been licensed during those 12 months; or
    (B) other documentation approved by the department demonstrating the wholesale motor vehicle dealer's transactions.
(g) The director may waive the dealer's standard license plate issuance restrictions if the waiver is essential for the continuation of the business. The director will determine the number of dealer's standard license plates the department will issue based on the dealer's past sales, dealer's inventory, and any other factor the director determines pertinent.
  (1) A request for a waiver must be submitted to the director in writing and specifically state why the additional plate is necessary for the continuation of the applicant's business.
  (2) A request for a waiver must be accompanied by proof of the dealer's sales for the previous 12-month period, if applicable.
  (3) A wholesale motor vehicle dealer may not apply for a waiver of the dealer's standard license plate issuance restrictions.
  (4) A waiver granted by the director under this section for a specific number of dealer's standard license plates is valid for four years.

Source Note: The provisions of this §215.139 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective June 1, 2024, 49 TexReg 2704