ATTORNEY GENERAL

Opinions

Opinion No. KP-0156

Mr. Raymond Palacios, Jr.

Chairman, Department of Motor Vehicles Board

4000 Jackson Avenue

Austin, Texas 78731

Re: Whether wholly owning a motor vehicle manufacturer results in affiliation with that manufacturer for purposes of subsection 2301.476(a)(2) of the Occupations Code (RQ-0170-KP)

S U M M A R Y

For purposes of section 2301.476 of the Occupations Code, a manufacturer includes an entity affiliated with a manufacturer. The common understanding of the term affiliate includes concepts of both ownership and control. Thus, a court is likely to conclude that a company that relinquishes control of a manufacturer but maintains full ownership of that manufacturer remains affiliated with the manufacturer for purposes of section 2301.476.

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-201702876

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: August 1, 2017