The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Barrier--A material object or set of objects that separates or demarcates.
2. (2) Charitable organization--An organization that is established and exists for the purpose of relieving poverty, the advancement of education, religion, or science, the promotion of health, governmental, or municipal purposes, or other purposes beneficial to the community without financial gain.
3. (3) Consignment sale--The sale of a vehicle by a person other than the owner, under the terms of a written authorization from the owner.
4. (4) Dealer--Any person who is regularly and actively engaged in the business of buying, selling, or exchanging new or used motor vehicles, motorcycles, motor homes, mobility motor vehicles, house trailers, or trailers or semitrailers as defined in Transportation Code, §501.001 et seq., or Transportation Code, §502.001 et seq., at either wholesale or retail, either directly, indirectly, or by consignment.

5. (5) Independent mobility motor vehicle dealer--A nonfranchised dealer who:

   1. (A) holds a general distinguishing number issued by the department under Transportation Code, Chapter 503;
   2. (B) holds a converter's license issued under Occupations Code, Chapter 2301;
   3. (C) is engaged in the business of buying, selling, or exchanging mobility motor vehicles and servicing or repairing the devices installed on mobility motor vehicles at an established and permanent place of business in this state; and
   4. (D) is certified by the manufacturer of each mobility device that the dealer installs, if the manufacturer offers that certification.
6. (6) House trailer--A nonmotorized vehicle designed for human habitation and for carrying persons and property upon its own structure and for being drawn by a motor vehicle. The term does not include manufactured housing. Towable recreational vehicles as defined in Occupations Code, §2301.002, are included in the terms "house trailer" or "travel trailer."
7. (7) License--A dealer's general distinguishing number assigned by the division for the location from which the person engages in business.

8. (8) Mobility motor vehicle--A motor vehicle that is designed and equipped to transport a person with a disability and that:

   1. (A) has a chassis that contains:

      1. (i) a permanently lowered floor or lowered frame; or
      2. (ii) a permanently raised roof and raised door;

   2. (B) contains at least one of the following:

      1. (i) an electronic or mechanical wheelchair, scooter, or platform lift that enables a person to enter or exit the vehicle while occupying a wheelchair or scooter;
      2. (ii) an electronic or mechanical wheelchair ramp; or
      3. (iii) a system to secure a wheelchair or scooter to allow for a person to be safely transported while occupying the wheelchair or scooter; and
   3. (C) is installed as an integral part or permanent attachment to the motor vehicle's chassis.
9. (9) Person--Any individual, firm, partnership, corporation, or other legal entity.
10. (10) Sale--With regard to a specific vehicle, the transfer of possession of that vehicle to a purchaser for consideration.
11. (11) Temporary tag--A buyer tag, converter tag, or dealer tag.
12. (12) Towable recreational vehicle--See definition for House Trailer in this section.
13. (13) Travel Trailer--See definition for House Trailer in this section.
14. (14) Wholesale dealer--A licensed dealer who only sells or exchanges vehicles with other licensed dealers.

Source Note:The provisions of this §215.132 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective August 2, 2012, 37 TexReg 5637.