(a) When a refund of the purchase price or replacement of a motor vehicle is ordered, the complainant shall be reimbursed for certain incidental costs incurred by the complainant from loss of use of the motor vehicle because of the defect or nonconformity which is the basis of the complaint. The costs must be reasonable and verifiable. Reimbursable incidental costs include, but are not limited to the following costs:
  (1) alternate transportation;
  (2) towing;
  (3) telephone calls or mail charges directly attributable to contacting the manufacturer, distributor, converter, or dealer regarding the motor vehicle;
  (4) meals and lodging necessitated by the motor vehicle's failure during out-of-town trips;
  (5) loss or damage to personal property;
  (6) attorney fees if the complainant retains counsel after notification that the respondent is represented by counsel; and
  (7) items or accessories added to the motor vehicle at or after purchase, less a reasonable allowance for use.
(b) Incidental costs shall be included in the final refund amount required to be paid by a manufacturer, distributor, or converter to a prevailing complainant, or in the case of a motor vehicle replacement, shall be tendered to the complainant at the time of replacement.
(c) When awarding reimbursement for the cost of items or accessories presented under subsection (a)(7) of this section, the hearings examiner shall consider the permanent nature, functionality, and value added by the items or accessories and whether the items or accessories are original equipment manufacturer (OEM) parts or non-OEM parts.

Source Note: The provisions of this §224.262 adopted to be effective June 1, 2024, 49 TexReg 2771