The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Barrier--A material object or set of objects that
separates or demarcates.
(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) 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) 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) Independent mobility motor vehicle dealer--A nonfranchised
dealer who:
(A) holds a general distinguishing number issued by
the department under Transportation Code, Chapter 503;
(B) holds a converter's license issued under Occupations
Code, Chapter 2301;
(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
(D) is certified by the manufacturer of each mobility
device that the dealer installs, if the manufacturer offers that certification.
(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) License--A dealer's general distinguishing number
assigned by the division for the location from which the person engages
in business.
(8) Mobility motor vehicle--A motor vehicle that is
designed and equipped to transport a person with a disability and
that:
(A) has a chassis that contains:
(i) a permanently lowered floor or lowered frame; or
(ii) a permanently raised roof and raised door;
(B) contains at least one of the following:
(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;
(ii) an electronic or mechanical wheelchair ramp; or
(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
(C) is installed as an integral part or permanent attachment
to the motor vehicle's chassis.
(9) Person--Any individual, firm, partnership, corporation,
or other legal entity.
(10) Sale--With regard to a specific vehicle, the transfer
of possession of that vehicle to a purchaser for consideration.
(11) Temporary tag--A buyer tag, converter tag, or
dealer tag.
(12) Towable recreational vehicle--See definition for
House Trailer in this section.
(13) Travel Trailer--See definition for House Trailer
in this section.
(14) Wholesale dealer--A licensed dealer who only sells
or exchanges vehicles with other licensed dealers.