An application for a new motor vehicle dealer's license for a dealership intended as a replacement for a previously existing dealership shall be deemed an application for a "replacement dealership" required to be established in accordance with Occupations Code, §2301.453 and shall not be subject to protest under the provisions of §215.105 of this title (relating to Notification of License Application; Protest Requirements), provided that:

1. (1) the application states that the applicant is intended as a replacement dealership and identifies the prior dealership to be replaced;
2. (2) the manufacturer or distributor of the line-make gives notice to the department and to other dealers franchised for the same line-make that meet the provisions of Occupations Code, §2301.652(b);
3. (3) the notice under paragraph (2) of this subsection is given within 60 days following the closing of the prior dealership;
4. (4) the application is filed with the department not later than one year following the closing of the prior dealership; and
5. (5) the location of the applicant's proposed dealership is not more than two miles from the location of the prior dealership.

Source Note:The provisions of this §215.109 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 10, 2011, 36 TexReg 433; amended to be effective February 13, 2017, 42 TexReg 571.