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Senate Bill 1415 and House Bill 2940 - contact your representatives
- Thread starter brkaus
- Start date
I don't know for sure that they can't but in my limited experience I don't think they will. That's more a federal government trick, I think. I'd be more concerned about the bill being reintroduced to get a new number, but given how late it is in the session I wouldn't expect that to happen until the next regular session. I don't think this bill is one of the governor's pet projects and thus not likely to get addressed in a special session.
According to Tesla’s lobbyist’s email for the Austin owners group that I posted in another thread, the Senate committee meets on Tuesdays and Thursdays, and this bill will likely be on the agenda for one of those days next week as it wasn’t put on the agenda for yesterday. For a bill to be considered it could be posted on the agenda as late as the evening before the meeting, which is why we need to be ready to appear on short notice. They’re not going to make it easy for us.
I got an email from Tesla saying they expect Senate Bill 1415 to come up for a hearing tomorrow:
We expect Senate Bill 1415 to come up for a hearing tomorrow in the Senate Business and Commerce Committee. As a reminder, this legislation could prohibit Tesla’s ability to continue to operate service centers in Texas, and therefore limit customers’ access to service in Texas.
Please join us in Austin and make your voice heard during the public testimony. The hearing will begin at 8:00 am in room E1.016 at the State of Texas Capitol.
If you are unable to be in Austin but believe Texas should not prohibit your right to choose where you service your vehicles, take a few minutes to contact your legislator and ask them to oppose Senate Bill 1415.
We expect Senate Bill 1415 to come up for a hearing tomorrow in the Senate Business and Commerce Committee. As a reminder, this legislation could prohibit Tesla’s ability to continue to operate service centers in Texas, and therefore limit customers’ access to service in Texas.
Please join us in Austin and make your voice heard during the public testimony. The hearing will begin at 8:00 am in room E1.016 at the State of Texas Capitol.
If you are unable to be in Austin but believe Texas should not prohibit your right to choose where you service your vehicles, take a few minutes to contact your legislator and ask them to oppose Senate Bill 1415.
SpiceWare
Member
I haven't seen the new wording but if Tesla's representatives have and they're ok with it then that's at least something. The new wording should be up on the TLO site within a day, I should think. I also think it's highly likely the accompanying House bill will be updated to reflect this change in language, particularly since TLO lists HB2940 as "identical" to SB1415. While it does seem likely the bill was indeed being written to resolve the Berkshire Hathaway issue (manufacturing vehicles and selling completely different vehicles), I disagree with Sen. Hancock's assertion that it would not have affected Tesla service centers.
The bill in its original form quite clearly states:
(B) a nonfranchised dealer or dealership;
so while the bill does state "dealer or dealership", specifically the language "act in the capacity of" could be applied to service centers in Tesla's case, and likely would have by the overzealous Texas dealer lobby. That article linked by @Prunesquallor and in fact much of the discussion has centered around Tesla (this is TMC forums after all) but I found it interesting that Cummins was at the committee meeting to object with an army of representatives. Based on what I could understand of their somewhat, shall we say, rambling testimony, they would have been impacted the same way as Tesla. Diesel engine manufacturer and EV manufacturer meet to oppose legislation, I find that fascinating and somewhat ironic
The bill in its original form quite clearly states:
(c) Except as provided by this section, a manufacturer or distributor may not directly or indirectly:
(1) own an interest in: OR
(2) operate or control: OR
(3) act in the capacity of:
(A) a franchised dealer or dealership, the business of which includes buying, selling, exchanging, servicing, or repairing the same type of motor vehicle that the manufacturer or distributor manufactures or distributes; OR(1) own an interest in: OR
(2) operate or control: OR
(3) act in the capacity of:
(B) a nonfranchised dealer or dealership;
so while the bill does state "dealer or dealership", specifically the language "act in the capacity of" could be applied to service centers in Tesla's case, and likely would have by the overzealous Texas dealer lobby. That article linked by @Prunesquallor and in fact much of the discussion has centered around Tesla (this is TMC forums after all) but I found it interesting that Cummins was at the committee meeting to object with an army of representatives. Based on what I could understand of their somewhat, shall we say, rambling testimony, they would have been impacted the same way as Tesla. Diesel engine manufacturer and EV manufacturer meet to oppose legislation, I find that fascinating and somewhat ironic
No that’s not how it works. A House bill doesn’t change just because the Senate committee adopts a committee substitute. The House committee might consider the same substitute, or the original bill, or even a different committee substitute. Assuming something passes in both chambers then the two versions are reconciled in a conference committee. It all depends on if TADA admits defeat now that the Senate committee considered the substitute without anti-Tesla provision, or wants to keep fighting for it in the House and then in conference if both bills pass.
Cummins issue with service center is different than Tesla’s. DMV says theirs is illegal. Too complicated to explain— google it. The bill introduced to fix Cummins issue didn’t even get a hearing because of TADA opposition. That’s what they were complaining about— Berkshire Hathaway got their exception considered but they didn’t. TADA supported the Berkshire Hathaway exception as it involved their member dealers.
rocketdallas
Member
Looks like good news for us and Tesla
https://electrek.co/2019/04/05/tesla-service-texa-safe-pressure-owners-new-bill/
https://electrek.co/2019/04/05/tesla-service-texa-safe-pressure-owners-new-bill/
looking on line. The Texas State Senate – Senate Video Archives
I was hoping to find the archive of the session.
I was hoping to find the archive of the session.
It’s there— Committee on Business and Commerce 4/4/19– it’s towards the end of that 2 1/2 hr meeting.
bollar
Disgruntled Member
It's not bad news -- it leaves things no more broken than they are today.
It seems that the TxDMV has kind of "grandfathered in" Tesla even though one might argue they are in technical violation of existing law. One would think this would become more solidified with more owners (and hopefully more service centers) in the future.
It’s a lot harder to disenfranchise voters than to have outlawed it in the first place.
SpiceWare
Member
Potential concern - just checked and HB2940 is up for hearing on April 9th, and it still has the service and repair restrictions is place.
Texas Legislature Online - 86(R) History for HB 2940
Texas Legislature Online - 86(R) History for HB 2940
OMG, it's awesome to hear at 1:53 the Tesla community came together to hammer their email in box. Also I was not aware that Rivian was there fighting the change of the bill as well. You go community!
Great testimony. Stephen warned them, we're watching.
Great testimony. Stephen warned them, we're watching.
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That WAS worth listening to. Yeah, it was interesting that Rivian was there and seemed to have a pretty cordial relationship with Hancock. The testimony from Tesla was basically "You fixed the problem. Thanks". Good job to all the Tesla owners that were there.
It was pretty clear that Rivian plans to use the same direct-to-customer model that Tesla does.
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