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.
Office of the Attorney General
Filed: August 1, 2017