Formal opinions clarify the meaning of existing law and interpret issues that are ambiguous, obscure, or otherwise unclear as these apply to the particular circumstances presented in a formal opinion request. Requests for opinion are governed under the Board’s rule, 43 Texas Administrative Code (TAC), Section 215.4, which contains specific requirements that an opinion request must meet to be eligible for Board consideration.

A formal opinion request is pending before the TxDMV Board regarding a motor vehicle factory website marketing program with incentive payments and its compliance with Texas Occupations Code. The agency received three comments during the period 9/26/2011 through 10/26/11 concerning the formal opinion request received from the Texas Automobile Dealers Association. The comments may be accessed below. The TxDMV Board is expected to consider the matter in December 2011 or January 2012.

If you have any questions, please contact the TxDMV General Counsel Office at 512-467-3883.

Resources