Texas Lemon Law Rules

These Rules are promulgated under the authority of Texas Civil Statutes, Article 4413(36), §6.07(e).

Lemon Law rules originally adopted on October 20, 1986

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Part VI. TEXAS MOTOR VEHICLE COMMISSION

Warranty Performance Obligations

16 TAC §§107.1-107.12

Section 107.1. Objective.

It is the objective of these sections to implement the intent of the legislature as declared in the Texas Motor Vehicle Commission Code (TMVCC) §3.06 and §6.07(e), by prescribing rules to provide a simplified and fair procedure for the enforcement and implementation of the Texas lemon law (TMVCC, §6.07) and consumer complaints covered by general warranty agreements (TMVCC, §3.08(i)) including the processing of complaints, the conduct of hearings, and the disposition of complaints filed by owners of motor vehicles seeking relief under these provisions of the Code.

Source: The provisions of this §107.1 adopted to be effective October 20, 1986, 11 TexReg 4152; amended effective November 15, 1995, 20 TexReg 9003; reviewed pursuant to requirements of Section 167, Appropriations Act of 1997, HB 1, Article IX, effective 7/23/99, 24 TexReg 5759. Amended effective March 26, 2000, 25 TexReg 2337. Reviewed pursuant to Gov't Code § 2001.039, effective 9/20/02, 27 TexReg 9399. Reviewed pursuant to Gov't Code §2001.039, effective 3/26/04, 29 TexReg 3665.

Section 107.2. Filing of Complaints.

(a) Complaints for relief under the lemon law must be in writing and filed with the Board at its office in Austin. Complaints may be in letter form or any other written format or may be submitted on complaint forms provided by the Board.

(b) Complaints should state sufficient facts to enable the Board and the party complained against to know the nature of the complaint and the specific problems or circumstances which form the basis of the claim for relief under the lemon law.

(c) Complaints should provide the following information:

(1) name, address, and phone number of vehicle owner;

(2) identification of vehicle by make, model, and year, and manufacturer's vehicle identification number;

(3) type of warranty coverage;

(4) name and address of dealer, or other person, from whom vehicle was purchased or leased, including the name and address of the current lessor, if applicable;

(5) date of delivery of vehicle to original owner; and in the case of a demonstrator, the date the vehicle was placed into demonstrator service;

(6) vehicle mileage at time vehicle was purchased or leased, mileage when problems with vehicle were first reported, name of dealer or manufacturer's, converter's, or distributor's agent to whom problems were first reported, and current mileage;

(7) identification of existing problems and brief description of history of problems and repairs on vehicle, including date and mileage of each repair, with copies of repair orders where possible;

(8) date on which written notification of complaint was given to the vehicle manufacturer, converter, or distributor, and if the vehicle has been inspected by manufacturer, converter, or distributor, the date and results of such inspection;

(9) any other information which the complainant believes to be pertinent to the complaint.

(d) The Board's staff will provide information concerning the complaint procedure and complaint forms to any person requesting information or assistance.

(e) The Texas Motor Vehicle Commission Code (TMVCC) §6.07 complaint filing fee should be remitted with the complaint by check or money order. No filing fee is required for a TMVCC §3.08(i) complaint. The filing fee is nonrefundable, but a complainant who prevails in a case is entitled to reimbursement of the amount of the filing fee. Failure to remit the filing fee with the complaint will result in delaying the commencement of the 150-day requirement provided in §107.6(11) of this title (relating to Hearings) and may result in dismissal of the complaint.

Source: The provisions of this §107.2 adopted to be effective October 20, 1986, 11 TexReg 4152; amended to be effective December 24, 1987, 12 TexReg 4635; amended to be effective April 1, 1991, 16 TexReg 1631; amended to be effective October 16, 1991, 16 TexReg 5399; reviewed pursuant to requirements of Section 167, Appropriations Act of 1997, HB 1, Article IX, effective 7/23/99, 24 TexReg 5759. Amended effective March 26, 2000, 25 TexReg 2337. Reviewed pursuant to Gov't Code § 2001.039, effective 9/20/02, 27 TexReg 9399. Reviewed pursuant to Gov't Code §2001.039, effective 3/26/04, 29 TexReg 3665.

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