CHAPTER 728. SALE OR TRANSFER OF MOTOR VEHICLES AND MASTER KEYS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE J. MISCELLANEOUS PROVISIONS

CHAPTER 728. SALE OR TRANSFER OF MOTOR VEHICLES AND MASTER KEYS

SUBCHAPTER A. SALE OF MOTOR VEHICLES ON CONSECUTIVE SATURDAY AND

SUNDAY

Sec. 728.001. DEFINITIONS. In this subchapter:

(1) "Employer" means a person who:

(A) owns a facility that sells or offers for sale motor

vehicles; or

(B) has the authority to determine the hours of operation of the

facility.

(2) "Motor vehicle" means a self-propelled vehicle of two or

more wheels designed to transport a person or property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 728.002. SALE OF MOTOR VEHICLES ON CONSECUTIVE SATURDAY AND

SUNDAY PROHIBITED. (a) A person may not, on consecutive days of

Saturday and Sunday:

(1) sell or offer for sale a motor vehicle; or

(2) compel an employee to sell or offer for sale a motor

vehicle.

(b) Each day a motor vehicle is offered for sale is a separate

violation. Each sale of a motor vehicle is a separate violation.

(c) This section does not prohibit the occasional sale of a

motor vehicle by a person not in a business that includes the

sale of motor vehicles.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 728.003. CIVIL PENALTY. (a) A person who violates Section

728.002 is subject to a civil penalty of:

(1) not more than $500 for a first violation;

(2) not less than $500 or more than $1,000 for a second

violation; or

(3) not less than $1,000 or more than $5,000 for a third or

subsequent violation.

(b) On a finding by the trier of fact that a person wilfully or

with conscious indifference violated Section 728.002, the court

may triple the penalty due under Subsection (a).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 728.004. ENFORCEMENT; INJUNCTION. (a) The attorney

general or a district, county, or municipal attorney may enforce

this subchapter and may bring an action in the county in which a

violation is alleged.

(b) The operation of a business in violation of this subchapter

is a public nuisance. Any person, including a district, county,

or municipal attorney, may obtain an injunction restraining a

violation of this subchapter. A person who obtains an injunction

under this subsection may recover the person's costs, including

court costs and reasonable attorney's fees.

(c) An employer is a necessary party to an action brought

against its employee under this section. An employer is strictly

liable for all amounts, including civil penalties, damages,

costs, and attorney's fees, resulting from a violation of Section

728.002 by its employee.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. SALE OF MASTER KEY FOR MOTOR VEHICLE IGNITIONS

Sec. 728.011. SALE OF MASTER KEY FOR MOTOR VEHICLE IGNITIONS.

(a) A person commits an offense if the person sells or offers to

sell a master key knowingly designed to fit the ignition switch

on more than one motor vehicle.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $25 or more than $200.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. TRANSFER OF OWNERSHIP OF CERTAIN EMERGENCY VEHICLES

Sec. 728.021. TRANSFER OF OWNERSHIP OF CERTAIN EMERGENCY

VEHICLES; OFFENSE. (a) The owner of an authorized emergency

vehicle that is used to transport sick or injured persons commits

an offense if the owner transfers ownership of the vehicle

without:

(1) removing from the vehicle any vehicle equipment, including a

light, siren, or device, that under Subtitle C only an authorized

emergency vehicle may be equipped with; and

(2) removing or obliterating any emblem or marking on the

vehicle that identifies the vehicle as an authorized emergency

vehicle.

(b) Subsection (a) does not apply if the owner of the vehicle

transfers ownership of the vehicle to a person:

(1) who holds a license as an emergency medical services

provider under Chapter 773, Health and Safety Code;

(2) who is in the business of buying and selling used vehicles

in this state and who specializes in authorized emergency

vehicles; or

(3) described by Section 541.201 or a similar person operating

in a foreign country.

(c) An offense under this section is a Class C misdemeanor.

(d) In this section:

(1) "Authorized emergency vehicle" has the meaning assigned by

Section 541.201.

(2) "Vehicle equipment" has the meaning assigned by Section

547.001.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.