1. (a) Advance Internet-down numbers shall be kept in a locked, secure place. The dealer is responsible for the safekeeping of those numbers and shall report any loss, theft, or destruction of those numbers to the department within 24 hours of the time of an event.
2. (b) Advance Internet-down numbers may be used up to 12 months after the date of issuance from the database. As a dealer uses the Internet-down numbers, or the numbers expire, a dealer at any time may download additional Internet-down advance numbers up to the maximum allowed.
3. (c) The number of Internet-down advance numbers a dealer may download is equal to the greater of three or 1/52 of the dealer's total annual sales.

4. (d) A new license applicant will be allotted a predetermined number of Internet-down advance numbers during the first license term in accordance with the following schedule:

   1. (1) franchised motor vehicle dealer - 25;
   2. (2) franchised motorcycle dealer - 10;
   3. (3) independent motor vehicle dealer - 3;
   4. (4) independent motorcycle dealer - 3;
   5. (5) franchised or independent travel trailer dealer - 3;
   6. (6) utility trailer or semi-trailer dealer - 3; and
   7. (7) independent mobility vehicle dealer - 3.

5. (e) A newly licensed dealer with a previous license status is not subject to the initial allotment limits described in subsection (d) of this section and may rely on that previous license status to obtain advance Internet-down numbers if it is:

   1. (1) a franchised dealership that has been subject to a buy-sell agreement, regardless of a change in the entity or ownership; or
   2. (2) any type of dealer that relocates and has been licensed for a period of one year or longer.
6. (f) For good cause shown, a dealer may obtain more than the maximum number of Internet-down numbers for the first license term. The director may approve in accordance with this paragraph an additional amount of Internet-down numbers for a dealer if the additional amount is essential for the continuation of the business. The director will base the determination of the amount of advance numbers the dealer will receive on the dealer's past sales, inventory, and any other factors that the director determines pertinent such as an emergency. A request for additional advance numbers must specifically state why the additional advance numbers are necessary for the continuation of the applicant's business.

Source Note:The provisions of this §215.158 adopted to be effective February 11, 2010, 35 TexReg 883.