Texas Dealer March 2023

Page 1

Who Will Take the Title for

Conference & Expo March Madness Cars Driving ? about and Best Song

– Michael W. Dunagan: Applying the 60-Percent Rule to Strict Foreclosures

– TIADA Members Support You at the Texas Capitol

– Non-Compete Agreements for Employees

– Awards and Scholarships: The Rundown enter to win a free registration and hotel accommodations to the 2023 TIADA

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TIADA Board of Directors

PRESIDENT

Ryan Winkelmann/BJ’s Autohaus

5005 Telephone Road Houston, TX 77087

PRESIDENT ELECT

Eddie Hale/Neighborhood Autos

PO Box 1719

Decatur TX 76234

CHAIRMAN OF THE BOARD

Mark Jones/MCMC Corporate

264 Exchange Burleson, TX 76028

SECRETARY

Vicki Davis/A-OK Auto Sales

23980 FM 1314 Porter, TX 77365

TREASURER

Greg Phea/Austin Rising Fast 8024 IH 35 North Austin TX 78753

VICE PRESIDENT, WEST TEXAS (REGION 1)

Brad Kalivoda/Fiesta Motors

2599 74th Street

Lubbock, TX 79423

VICE PRESIDENT, FORT WORTH (REGION 2)

Greg Reine/Auto Liquidators

39670 LBJ Freeway Dallas TX 75237

VICE PRESIDENT, DALLAS (REGION 3)

Chad Lancaster/Chacon Autos

11800 E. Northwest Hwy Dallas TX 75218

VICE PRESIDENT, HOUSTON (REGION 4)

Russell Moore/Top Notch Used Cars

900 East Davis Conroe, TX 77301

VICE PRESIDENT, CENTRAL TEXAS (REGION 5)

Robert Blankenship/Texas Auto Center

6809 Suite B S IH35 Austin, TX 78744

VICE PRESIDENT, SOUTH TEXAS (REGION 6)

Armando Villarreal/McAllen Auto Sales, LLC

4215 S. 23rd St McAllen, TX 78503

VICE PRESIDENT AT LARGE

Lowell Rogers/11th Street Motors 1355 N 11th St, Beaumont, TX 77702

TexasDealer contents

Volume XXIII / Issue 3 / March 2023
VICE PRESIDENT AT LARGE
TIADA EXECUTIVE DIRECTOR
9951 Anderson Mill Rd., Suite 101 Austin, TX 78750 Office Hours M-F 8:30am – 4:30pm 512.244.6060 • Fax 512.244.6218 jeff.martin@txiada.org Notice to all members concerning services and products: TIADA was established in 1944 to develop professional standards of service and conduct for the independent auto industry. Opinions expressed herein are not necessarily those of the TIADA management, the Board of Directors or the membership. Likewise, the appearance of advertisers or their indemnifications of TIADA does not constitute endorsement of the products or services featured. Editor: Stephen Pallas Magazine Ad Sales: Patty Huber, 512-310-9795 Did You Know? TIADA is now accepting nominations for Quality Dealer of the Year! This is the most prestigious award offered to Independent Automobile Dealers in Texas. Please see page 41 for more information. 4 Officers’ Message by Ryan Winkelmann, TIADA President 6 Upcoming Events 9 Board of Directors Meeting Minutes 9 Local Chapters 10 TIADA Membership Application 13 Legal Corner: Applying the 60-Percent Rule to Strict Foreclosures by Michael W. Dunagan 17 Regulation Matters: Non-Compete Agreements for Employees by Earl Cooke 18 On The Cover: March Madness – Who Will Take the Title? Best Song about Cars and Driving by Stephen Pallas 21 Legislative Bulletin 24 2023 TIADA Conference & Expo 30 TIADA Auction Directory 33 TIADA Members Support You at the Texas Capitol by Stephen Pallas 39 New Members 40 TIADA Scholarship Application 41 Awards and Scholarships: The Rundown by TIADA staff 43 Negligent Entrustment of a Motor Vehicle in Texas by Philip Silberman 46 Behind the Wheel by Jeff Martin
Cesar Stark/S&S Motors 7699 Alameda Ave. El Paso, TX 77915
Jeff Martin

The Legacy of Jeff Martin

Iwouldn’t want to be in your shoes.” I’ve heard that statement a number of times over the past couple of weeks. I’ve also heard, “You’ll never find another Jeff.” I’ve answered each one of these inquiries — predictably aimed at the rapidly approaching future of TIADA — with the same answer: “you’re right about that, but we have an excellent foundation and are confident that we will find a highly qualified replacement. The association also has one of the most seasoned and professional staffs we could possibly ask for.”

I was a guest recently on the Texas Edition of The Independent Dealer Podcast and answered a question concerning my new role as TIADA President, and my long-time connection with Jeff. I remember clearly stating that I would not want to fill this role without Jeff Martin at the helm of TIADA. Well, unleash the jinx! With all of the positive advances we are currently working on at TIADA, Jeff leaves behind a strong legacy as Executive Director and we will continue to operate as the well-oiled machine and work to exceed our members’ expectations.

The good news is he’s not going far. Although the shoes I’m wearing aren’t very comfortable, and we all

know that we will not find another Jeff, we do have his complete and total involvement in locating his replacement. Jeff has also put numerous processes in place that will help ensure a bright future for the association. I’d say a more fitting statement concerning his departure is that he is, in fact, leaving some extremely large shoes to fill. Speaking on behalf of myself and the board of directors, we are thankful that he’s assisting us in this process.

His much-needed leadership and earned position as the new CEO for NIADA will not only benefit NIADA but also each and every state association and independent dealer in our nation. Austin, Texas, is his home. TIADA is where he has spent 16 years building arguably the strongest, most influential, and most devoted association benefiting Texas dealers.

When Jeff was hired in July of 2006, TIADA had 3 full-time employees and 1 part-timer on staff, all housed in an 836-square-foot office space, in which one employee’s desk was located in a makeshift break room. We now have 8 full-time employees and a 2500-square-foot office condo in Austin, that we own debt-free! His inheritance of our association with just 850 members at the time and some pretty

officers’ message
Given Jeff’s modest disposition toward his accomplishments over his tenure with TIADA, I’d like to highlight just a few recent wins that will have a long-lasting impact on Texas dealers.
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Upcoming Events 2023

shaky finances didn’t stop his fortitude and 100% discipline to turn TIADA into what you see today. With currently over 1300 members, over a $2 million budget, almost $1 million in reserve, and a real voice at the Capitol, TIADA has been recognized as an association with genuine influence that is extremely dedicated to the auto industry and its members.

Given Jeff’s modest disposition toward his accomplishments over his tenure with TIADA, I’d like to highlight just a few recent wins that will have a long-lasting impact on Texas dealers: Eliminating the form VTR 136 (County of Title Issuance), which now allows a dealer to transfer titles in any county where a tax assessor will accept the paperwork. Many Texas dealers were directly affected by the restrictions of the VTR136, especially during COVID. Stopping the crusher bill, which would have allowed consumers or our customers the ability to dispose of certain vehicles at a local dismantler or salvage yard without the need for a title.

Legislatively eliminating Named Drivers Insurance policies to help Texas dealers and consumers stay protected from junk insurance policies filled with loopholes. Raising the documentary fees that dealers are allowed to charge.

Increased penalties for curbstoning and making it easier for law enforcement to remove vehicles being offered for sale by unlicensed dealers. Allowing dealers with related finance companies to defer sales tax.

Addressing fraudulent mechanic liens.

Ensuring an independent dealer has a seat on the TxDMV Board.

Some of the bigger and less visible differences Jeff has made in the area of advocacy have been in his work to create relationships between the association and other stakeholders. From the OCCC to TxDMV to the policy advisors for the governor to tax assessor-collectors and powerful Texas legislators, he has furthered the interests of TIADA and all independent dealers in Texas from the ground up.

Under his leadership, TIADA has developed an online learning platform that has seen insurmountable growth over the past several years, and our annual conference is second to none in our industry. There is a much longer list of successes surrounding his work at TIADA over the years. I feel the one he cherishes the most would be his personal assembly of our highly effective staff. He has inspired a culture within the TIADA office that is visible at each and every board meeting and event.

Having known Jeff for the past 16 years, none have been more rewarding than this one. Traveling with him to El Paso, Washington DC, Abilene, Austin, Rockport, Arlington, and recently back to our state Capitol, has given me a glimpse into a more personal side of Jeff that you will not find on social media. He has become an unexpected mentor of mine in many ways and remains a true inspiration for the people closest to him. There couldn’t be a more fitting time in his career to accept this new opportunity with NIADA.

On behalf of our board of directors, I’d like to congratulate Jeff on his next chapter, and finish with a huge thank you for all the productive years you gave us at TIADA. We look forward to continuing your legacy.

TIADA DEALER ACADEMY Online registration available. www.txiada.org March 20 Collect the Cash, Not the Car San Antonio, TX May 8 Keeping Your BHPH Dealership Legal and Compliantl Dallas, TX OTHER TIADA EVENTS April 24 Board of Directors Meeting Austin, TX July 23 Board of Directors Meeting JW Marriott Hill Country Resort San Antonio, TX 23-25 TIADA Conference and Expo JW Marriott Hill Country Resort San Antonio, TX
Texas Dealer March 2023 6

board of directors meeting minutes

Hyatt Centric Austin | Austin, TX

Board Members in Attendance:

Cesar Stark, Lowell Rogers, Armando Villarreal, Bob Blankenship, Chad Lancaster, Brad Kalivoda, Vicki Davis, Mark Jones, Ryan Winkelmann, Greg Phea, Greg Reine, Russell Moore

TIADA Staff in Attendance:

Jeff Martin, Earl Cooke, Teresa Orkun, Patty Huber, Stephen Pallas

At its meeting on Monday, February 6, 2023, TIADA took the following actions:

President Ryan Winkelmann called the meeting to order at 1:00 p.m.

Minutes of Last Meeting

Secretary Vicki Davis presented the minutes from the last meeting.

A motion was made to accept the minutes.

Moved by Mark Jones, seconded by Bob Blankenship – PASSED

President’s Report

Ryan Winkelmann discussed the Dallas/Fort Worth dealer meeting, the HIADA Chapter meeting, and the Austin Club legislative visit. Board members reported on their member outreach calls.

Treasurer’s Report

Treasurer Greg Phea presented the Treasurer’s Report. Discussion took place regarding the diversification of the reserve accounts.

A motion was made to accept the Treasurer’s Report.

Moved by Vicki Davis, seconded by Greg Reine – PASSED

Executive Director’s Report

Executive Director Jeff Martin reported on the Tax Assessor-Collector conference, FIADA Conference, staff professional development, and auction visits. He also provided a conference update.

Associate Executive Director Teresa Orkun presented a report on membership, the auction app, a new member benefit, and dealer professional development.

Director of Associate Member Relations Patty Huber presented an associate member update.

Greg Phea presented FY’23 budget.

Director of Compliance and Business Development

Earl Cooke presented a report on governmental relations, including a discussion of the Day at the Capitol.

New Business

A motion was made to adjourn the meeting. Moved by Greg Phea, seconded by Lowell Rogers – PASSED

Ryan Winkelmann adjourned the meeting at 5:06 p.m.

Respectfully submitted, Vicki Davis, Secretary

A complete copy of any reports referenced in this document and more detailed notes from the meeting are on file at the TIADA office and available upon request.

Local Chapters

CORPUS CHRISTI

G.R. Moore

The Car Shack (dates announced at www.txiada.org)

EL PASO

Cesar Stark

S & S Motors Meeting – 3rd Friday (Monthly)

FORT WORTH

Jerry Smith

H J Smith Automobiles (dates announced at www.txiada.org)

HOUSTON

Robert Edenfield

Mi Pueblo BRP

Meeting – 2nd Tuesday (Monthly)

SAN ANTONIO

Jose Engler

Irving Motors Corp (dates announced at www.txiada.org)

6, 2023
9 March 2023 Texas Dealer
Texas Dealer March 2023 10
6/22 12 Texas Dealer March 2023

Applying the 60-Percent Rule to Strict Foreclosures

Dealer question: I’m a Buy-Here-Pay-Here dealer and I’ve been told that I’m subject to something called the “60-percent rule.” What is the 60-percent rule and how does it affect me?

Answer: There are two primary methods used by car creditors to notify debtors of the repossession of vehicles and to dispose of repossessed collateral. These methods are (1) private sale; and (2) strict foreclosure (sometimes called acceptance of collateral in satisfaction). (For a more detailed discussion of the differences between private sale and strict foreclosure, see “Repossession Basics for Car Dealers” in the October, 2022 issue of Texas Dealer.)

If you use the strict foreclosure method of disposing of repossessed collateral, as do most BHPH dealers, the 60-percent rule will apply to you. If you use the private sale method, it doesn’t.

One of the characteristics of strict foreclosure that is attractive to BHPH dealers is the fact that, in most cases, no post-repossession accounting has to be made. Under strict foreclosure, any deficiency that the debtor might owe the creditor is eliminated, and the creditor doesn’t have to account to the debtor for the disposition of the collateral. The process is initiated by the creditor, who sends the debtor after repossession a notice stating that the creditor intends to accept the repossessed collateral in satisfaction of any further indebtedness. If no written objection to the strict foreclosure is received within 20 days of sending of the notice, then the strict foreclosure is complete, and ownership of the collateral reverts to the creditor.

If, on the other hand, written objection is received in the 20-day-period, then the creditor must use the private sale method of disposal and account to the debtor upon resale of the collateral. If the resale results in a sales price that exceeds the amount of the indebtedness, then the creditor must pay the surplus to the debtor as the debtor’s equity in the collateral.

The creditor also has the option of requesting that the debtor, after repossession, sign a statement that gives up the right to notice and relinquishes any interest in the vehicle. A voluntary signing of a waiver agreement by the debtor eliminates the 20-day waiting period.

The so-called 60-percent rule forbids the use of strict foreclosure (unless the strict foreclosure comes from a signed agreement) if more than 60-percent of the cash price has already been paid by the debtor. If the 60-percent rule applies, the creditor must dispose of the property by private sale within 90 days after he takes possession. Failure to properly dispose of the property within the 90-day period subjects the creditor to liability for actual damages or statutory damages set out in the Texas Business and Commerce Code (the Texas version of the Uniform Commercial Code).

Unfortunately, the statute does not offer any specifics of how the 60-percent of the cash price threshold is calculated. No cases have been found where this issue has been litigated.

The purpose of the provision is to protect the debtor who has paid a significant portion of the cash price and is most likely to have a positive equity position in the collateral. Involuntary acceptance of the collateral would thus thwart the debtor’s right to receive any surplus generated by resale. The formula below is a

legal corner
13 March 2023 Texas Dealer
The so-called 60-percent rule forbids the use of strict foreclosure (unless the strict foreclosure comes from a signed agreement) if more than 60-percent of the cash price has already been paid by the debtor.

common-sense method of calculating whether the 60-percent threshold has been met.

First, calculate 40 percent of the original cash price listed on the contract. If the pay-off (the figure calculated after deducting unearned interest from the balance) is less than the 40 percent figure, it would appear that the transaction does not qualify for involuntary strict foreclosure since more than 60-percent of the original cash price has been paid. For instance, if the original cash price of a vehicle was $5,000, and the pay-off is $1,000, involuntary strict

foreclosure would not be available (the pay-off is less than 40 percent of $5,000 or $2,000, and thus, more than 60-percent has been paid). TIADA has a 60-percent rule calculator available for members on the Knowledge Base page of the website (txiada.org/knowledge_base), which will do the math automatically.

As mentioned above, a debtor’s right to have the repossessed collateral disposed of by private sale when 60-percent of the cash price has been paid can be waived in writing. By voluntarily signing a waiver of rights statement after repossession, the debtor can give up the right to require a private sale and the 20-day holding period.

Creditors should remember that a strict foreclosure also waives the creditor’s rights to seek a deficiency from the debtor. As such, car creditors who use strict foreclosure should make sure that no demand is made for payment of a balance and that no balance is reported to credit bureaus.

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 45 years. He has written a number of books and hundreds of articles for trade journals and law reviews. His clientele includes dealers, banks, finance companies, auto auctions and credit unions.

C M Y CM MY CY CMY K EPI-TIADAhalf MAR2023.pdf 1 2/13/23 9:52 AM 14 Texas Dealer March 2023
...a debtor’s right to have the repossessed collateral disposed of by private sale when 60-percent of the cash price has been paid can be waived in writing.

Non-Compete Agreements for Employees

In this edition of Regulation Matters, we will be discussing recent federal development in noncompete rules. A noncompete restriction is a contractual agreement between two parties that one of them will not compete in a related business or market. In January 2023, the Federal Trade Commission (FTC) took legal action against three companies and two individuals, forcing them to drop noncompete restrictions that they imposed on employees. Those actions marked the first time that the agency has sued to halt unlawful noncompete restrictions. According to the complaints issued by the FTC, the companies and individuals illegally imposed noncompete restrictions on workers in positions ranging from low-wage security guards to manufacturing workers to engineers that barred them from seeking or accepting work with another employer or operating a competing business after they left the companies. In its complaints, the FTC said the restrictions constituted an unfair method of competition under Section 5 of the FTC Act. In each case, the FTC ordered the companies to cease enforcing, threatening to enforce, or imposing noncompete restrictions. The companies were also required to notify all affected employees that they are no longer bound by the noncompete restrictions.

Just one day later, the FTC proposed a new rule that would ban employers from imposing noncompetes. That proposed rule’s comment period will end this month. According to FTC Chair Lina M. Khan, “The freedom to change jobs is core to economic liberty and to a competitive, thriving economy. Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand. By ending this practice, the FTC’s proposed rule would promote greater dynamism, innovation, and healthy competition.” However, her opinion is not shared by Commissioner Christine S. Wilson who wrote a blistering dissent, arguing:

“The proposed Non-Compete Clause Rule represents a radical departure from hundreds of years of legal precedent that employs a fact-specific inquiry into whether a non-compete clause is unreasonable in duration and scope, given the business justification for the restriction. The Commission undertakes this

radical departure despite what appears at this time to be a lack of clear evidence to support the proposed rule. What little enforcement experience the agency has with employee non-compete provisions is very recent (within the last week) and fails to demonstrate harm to consumers and competition.”

Since the proposed rule was issued, the FTC hosted a public forum on February 16 examining the FTC’s proposed rule to prohibit employers from imposing noncompetes on their workers, thereby providing an opportunity for people to directly share their experiences with noncompetes and has taken comments from the public. In a Wall Street Journal opinion piece the U.S. Chamber of Commerce has stated it will “oppose the proposed regulation with all the tools at our disposal, including litigation.” As such, it is fully expected that litigation is likely to occur, and this law will not fully take effect until a later date. TIADA will continue to monitor the noncompete proposed rule and issue further guidance at the appropriate time. Also, please note that this proposed rule has an exemption for noncompetes related to the purchase and sale of a business.

regulation
matters
In a Wall Street Journal opinion piece the U.S. Chamber of Commerce has stated it will “oppose the proposed regulation with all the tools at our disposal, including litigation.”
17 March 2023 Texas Dealer
March Madness – Who Will Take the Title? Born to be Wild On the Road Again I Can’t Drive 55 Little Red Corvette Low Rider Mustang Sally Life is a Highway Fast Car Mercedes Benz Drive Hot Rod Lincoln Radar Love Cars Highway to Hell Drive My Car Cadillac Ranch TI EB RE AK ER:
Will Take the
about and Your Email or Phone: Dealership/Business Name: Your Name:
March Madness
Who
Title? Cars Driving Best Song
Dealer
nights hotel accommodations
TIADA Conference & Expo* *Open to dealer members only 18 Texas Dealer March 2023 on the cover
The winner of the March Madness bracket will receive one free
Registration plus two
for the 2023

How to Enter

Select the song you think is the best ever song about cars and driving in each matchup. The option chosen by most members in each matchup will advance. Two points will be awarded for each correct pick in round one, four points in round two, six points for the next round, and eight points if you select the winner. Complete your bracket and email it to info@txiada.org or fax to 512.244.6218 by March 24th. We will announce the winner on April 6th in the industry email and in the April issue of Texas Dealer.

The Contenders

Cars and driving have been a popular theme in music for decades, with countless songs written about the freedom, adventure, and romance of life on the road. Here are 16 of the best songs about cars and driving that have become iconic and enduring classics of the genre.

“Born to be Wild” by Steppenwolf – This 1968 classic is one of the most famous and enduring rock songs of all time, with its memorable opening line “Get your motor running, head out on the highway” becoming an anthem for the counterculture movement of the era.

“ On t he Road Again” by Willie Nelson – This 1980 country hit celebrates the joy and freedom of life on the road, with its catchy melody and twangy vocals capturing the spirit of the open road.

“Mustang Sally” by Wilson Pickett – This 1966 R&B classic has been covered by numerous artists over the years, and remains a beloved song about the joys of cruising in a fast car.

“Low Rider” by War – This funky 1975 hit celebrates the culture of lowriding, with its laid-back groove and catchy chorus making it a favorite of car enthusiasts everywhere.

“Little Red Corvette” by Prince – This 1983 pop hit uses the metaphor of a car to describe a lover, with its catchy melody and catchy chorus making it one of Prince’s most famous and beloved songs.

“I C an’t Drive 55” by Sammy Hagar – This 1984 hard rock hit expresses frustration with the speed limit and the desire to live life in the fast lane, with its driving beat and powerful vocals making it a favorite of rebellious drivers.

“Life is a Highway” by Tom Cochrane – This 1991 hit uses the metaphor of a highway to describe

the ups and downs of life’s journey, with its catchy melody and uplifting lyrics making it a beloved song of hope and resilience.

“Drive My Car” by The Beatles – This 1965 classic is one of The Beatles’ most famous songs, with its memorable guitar riff and catchy chorus making it a timeless ode to the joys of driving.

“Fast Car” by Tracy Chapman – This 1988 hit tells the story of a young couple trying to escape poverty and build a better life, with its haunting melody and poignant lyrics making it one of the most powerful and memorable songs about driving.

“Mercedes Benz” by Janis Joplin – This 1971 acapella song was one of Joplin’s last recordings before her death, and is a biting satire of consumer culture and the desire for luxury cars and material possessions.

“ C ars” by Gary Numan – This 1979 hit features a distinctive electronic sound and robotic vocals, with its lyrics exploring the isolation and detachment of modern society and the desire for escape through driving.

“Radar Love” by Golden Earring – This 1973 hit is a driving rock anthem with a catchy guitar riff and memorable chorus, telling the story of a truck driver on a long-distance journey and the woman he loves.

“Hot Rod Lincoln” by Commander Cody – This 1972 country-rock hit tells the story of a high-speed car chase and the thrill of driving a powerful hot rod, with its catchy melody and humorous lyrics making it a favorite of car enthusiasts.

“Drive” by The Cars – This synth-pop classic from the early 1980s is a driving, upbeat song that captures the spirit of cruising down the highway with the radio blaring, with the band’s distinctive sound and catchy chorus making it an enduring favorite.

“Highway to Hell” by AC/DC – With its harddriving riff and powerful vocals, this 1979 hard rock classic is an anthem of rebellion and the rock and roll lifestyle, with lyrics that depict a journey on a highway leading to hell.

“ C adillac Ranch” by Bruce Springsteen – This energetic, rock and roll song pays tribute to the power and freedom of American cars, with a particular focus on the iconic Cadillac. The title is a reference to a public art installation in Amarillo, Texas featuring ten Cadillac cars buried nose-first in the ground.

March 2023 Texas Dealer 19

W h y C h o o s e U s ?

•40 Years Serving Texas Dealers

• 4.9 Star Avg. Customer Rating

• Independently Owned

V i s i t U s O n li n e f o r C u s t o m i z e d S o lu t i o n s & H e lp f u l I n s i g h t s

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legislative bulletin

Bills We Are Watching

The 88th Legislative Session is well under way. TIADA is busy following bills, meeting with members of the legislature, and making sure dealers’ voices are heard at the Capitol. Below you will find a few key bills we are watching:

HB 914 (Hefner) This bill would clarify that it is a criminal offense to issue a temporary tag fraudulently. TIADA is monitoring this bill. STATUS: TIADA is working to make sure members of the Legislature understand that license holders should not face criminal charges for minor offenses, such as issuing a second temporary tag to a customer when the tax office has not processed the title application. NOTE: Please apply for a 30-day permit, and you should never issue a second temporary tag. However, TIADA believes such a mistake by a dealer should not be criminal.

HB 718 (Goldman) This bill would replace temporary tags with metal plates assigned to a dealer. TIADA is monitoring this bill. STATUS: TIADA is working hard to ensure that members of the legislature are aware that this bill would burden dealers who would have to retrieve tags from customers, as some customers are irresponsible in returning to the dealership after the sale.

HB 1235 (Thompson) This bill would require an insurance company to pay for any diminution of value as a result of the accident. TIADA supports this bill. STATUS: TIADA is working to ensure members of the legislature understand that a crash results in more financial losses then just the cost to repair the vehicle.

HB 1933 (Lujan) This bill would create a process for a dealer to obtain a refund of taxes paid not later than the 30th day after the date of the sale. TIADA supports this bill. STATUS: TIADA is working to

ensure that members of the legislature understand this will help dealers help unhappy customers who have buyer remorse or discover an issue with the vehicle after paperwork was submitted to the tax office.

SB 528 West This bill would allow a metal recycler or used automotive parts recycler to purchase a vehicle for crushing or parting without obtaining title to the vehicle or notifying the lienholder if the vehicle is at least 12 years old. TIADA opposes this bill as introduced. STATUS: TIADA is working with Senator West’s office to try and find a way to resolve his concerns about disposing of junk vehicles while still ensuring lienholders are protected from bad actors.

SB 224 (Alvarado, Whitmire) This bill would criminalize the possession of 2 or more catalytic converters that have been removed from 2 or more different vehicles because law enforcement often stops thieves with catalytic converters in their possessions but are unable to prosecute them due to the inability to trace them back a particular theft. TIADA supports this bill. STATUS: TIADA has worked with Sen. Alvardo to ensure legitimate reasons for having numerous removed catalytic converters are exempted and is working with members of the legislature to ensure everyone is aware of the issues related to catalytic converter theft.

Your best source of up-to-the-minute information on legislative issues that will affect your industry is the Legislative Action Center, found under Advocacy at the TIADA website, www.txiada.org. As always, we welcome the input of our members regarding legislative matters. TIADA’s legislative team will work diligently to keep you abreast of the issues and call on you to act when needed.

21 March 2023 Texas Dealer
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24 Texas Dealer March 2023

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March 2023 Texas Dealer 25
PLATINUM LIMITED SPONSORSHIP & EXHIBITING OPPORTUNITIES AVAILABLE Thank You Texas Dealer March 2023 26
CONTACT PATTY HUBER AT PATTY.HUBER@TXIADA.ORG / 512.310.9795 SPECIALTY ACV – Happy Hour AdVAntAge AutomotiVe AnAlytiCs – Happy Hour BACklot CArs – Happy Hour innoVAtion FinAnCiAl serViCes – Happy Hour Appetizers eBAy – Lanyards PrimAlend – Meeting Digital Signage BRONZE AFC AGORA Data, Inc. ALLDATA American Auto Protection AutoSweet Butler & Sanchez, LLC Carbly CARCARE Promotions CARFAX CarPay CMOR Solutions Coverlay Manufacturing Glo3D, Inc. Ignite Consulting Partners Kinetic Advantage North Texas Tollway Authority PFS Auto Finance of Texas SGC Accounting SiriusXM Space Auto Spectrum VoIP T ax Refund Services – Tax Max W. Walker Auction Group Williams & Stazzone Insurance Agency, Inc. GOLD SILVER Sponsors March 2023 Texas Dealer 27

TIADA Auction Directory

Abilene

ALLIANCE AUTO AUCTION ABILENE

www.allianceautoauction.com

6657 US Highway 80 West, Abilene, TX 79605 325.698.4391, Fax 325.691.0263

GM: Brandon Denison

Friday, 10:00 a.m.

$AVE : $200

C.M. COMPANY AUCTIONS, INC.

www.cmauctions.com

2258 S. Treadaway, Abilene, TX 79602

325.677.3555, Fax 325.677.2209

GM: Gregory Chittum

Thursday, 10:00 a.m.

$AVE : $200

IAA ABILENE*

www.iaai.com

7700 US 277, Hawley, TX 79601

325.675.0699, Fax 325.675.5073

GM: Shawn Lemke

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Amarillo

IAA AMARILLO*

www.iaai.com

11150 S. FM 1541, Amarillo, TX 79118

806.622.1322, Fax 806.622.2678

GM: Shawn Norris

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Austin

ADESA AUSTIN

www.adesa.com

2108 Ferguson Ln., Austin, TX 78754

512.873.4000, Fax 512.873.4022

GM: Michele Arguijo

Tuesday, 9:00 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION AUSTIN

www.allianceautoauction.com

1550 CR 107, Hutto, TX 78634

737.300.6300

GM: Brad Wilson

Wednesday, 9:45 a.m.

$AVE : $200

AMERICA’S AA AUSTIN / SAN ANTONIO

www.americasautoauction.com

16611 S. IH-35, Buda, TX 78610

512.268.6600, Fax 512.295.6666

GM: Jamie McCollum

Tuesday, 1:30 p.m. / Thursday, 2:00 p.m.

$AVE : $200

IAA AUSTIN*

www.iaai.com

2191 Highway 21 West, Dale, TX 78616 512.385.3126, Fax 512.385.1141

GM: Geoffrey Rabb

Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

METRO AUTO AUCTION AUSTIN

www.metroautoauction.com

8605 Cullen Ln., Austin, TX 78748 512.282.7900, Fax 512.282.8165

GM: Brent Rhodes

3rd Saturday, monthly

$AVE : $200

Corpus Christi

CORPUS CHRISTI AUTO AUCTION

www.corpuschristiautoauction.com

2149 IH-69 Access Road, Corpus Christi, TX 78380 361.767.4100, Fax 361.767.9840

GM: Hunter Dunn

Friday, 10:00 a.m.

$AVE : $200

IAA CORPUS CHRISTI*

www.iaai.com

4701 Agnes Street, Corpus Christi, TX 78405 361.881.9555, Fax 361.887.8880

GM: Patricia Kohlstrand

Wednesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

Dallas-Ft. Worth Metroplex

ADESA DALLAS

www.adesa.com

3501 Lancaster-Hutchins Rd., Hutchins, TX 75141 972.225.6000, Fax 972.284.4799

GM: Allan Wilwayco

Thursday, 9:30 a.m.

$AVE : $200

ALLIANCE

AUTO AUCTION DALLAS

www.allianceautoauction.com

9426 Lakefield Blvd., Dallas, TX 75220 214.646.3136, Fax 469.828.8225

GM: Robert Kersh

Wednesday, 1:30 p.m.

$AVE : $200

AMERICA’S AA DALLAS

www.americasautoauction.com

219 N. Loop 12, Irving, TX 75061 972.445.1044, Fax 972.591.2742

GM: Ruben Figueroa

Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

$AVE : $200

IAA DALLAS*

www.iaai.com

204 Mars Rd., Wilmer, TX 75172

972.525.6401, Fax 972.525.6403

GM: Bob Bannister

Wednesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA DFW*

www.iaai.com

4226 East Main St., Grand Prairie, TX 75050 972.522.5000, Fax 972.522.5090

GM: Julissa Reyes

Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA FORT WORTH NORTH*

www.iaai.com

3748 McPherson Dr., Justin, TX 76247 940.648.5541, Fax 940.648.5543

GM: Jack Panczyk

Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

MANHEIM DALLAS**

www.manheim.com

5333 W. Kiest Blvd., Dallas, TX 75236 214.330.1800, Fax 214.339.6347

GM: Rich Curtis

Wednesday, 9:30 a.m.

$AVE : $100

MANHEIM DALLAS FORT WORTH**

www.manheim.com

12101 Trinity Blvd., Fort Worth, TX 76040 817.399.4000, Fax 817.399.4251

GM: Nicole Graham-Ponce

Thursday, 9:30 a.m.

$AVE : $100

METRO AUTO AUCTION DALLAS

www.metroaa.com

1836 Midway Road, Lewisville, TX 75056 972.492.0900, Fax 972.492.0944

GM: Scott Stalder

Tuesday, 9:00 a.m.

$AVE : $200

El Paso

AMERICA’S AUTO AUCTION EL PASO

www.epiaa.com

7930 Artcraft Rd., El Paso, TX 79932 915.587.6700, Fax 915.587.6700

GM: Luke Pidgeon

Wednesday, 10:00 a.m.

$AVE : $200

IAA EL PASO*

www.iaai.com

14651 Gateway Blvd. W, El Paso, TX 79927 915.852.2489, Fax 915.852.2235

GM: Jorge Resendez

Friday, 10:30 a.m.

$AVE : up to $200 Sell Fee

Save thousands on buy or sell fees at these participating auctions! * VALID FOR SELL FEE ONLY AT INSURANCE AA LOCATIONS ** ONLINE AUCTION AVAILABLE
Texas Dealer March 2023 30

MANHEIM EL PASO

www.manheim.com

485 Coates Drive, El Paso, TX 79932

915.833.9333, Fax 915.581.9645

GM: JD Guerrero

Thursday, 10:00 a.m.

$AVE : $100

Harlingen/McAllen

IAA MCALLEN*

www.iaai.com

900 N. Hutto Road, Donna, TX 78537

956.464.8393, Fax 956.464.8510

GM: Ydalia Sandoval

Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

BIG VALLEY AUTO AUCTION**

www.bigvalleyaa.com

4315 N. Hutto Road, Donna, TX 78537

956.461.9000, Fax 956.461.9005

GM: Lisa Franz

Thursday, 9:30 a.m.

$AVE : $200

Houston

ADESA HOUSTON

www.adesa.com

4526 N. Sam Houston, Houston, TX 77086

281.580.1800, Fax 281.580.8030

GM: Brian Wetzel

Wednesday, 9:00 a.m.

$AVE : $200

AMERICA’S AA HOUSTON

www.americasautoauction.com

1826 Almeda Genoa Rd., Houston, TX 77047

281.819.3600, Fax 281.819.3601

GM: Ben Nash

Thursday, 2:00 p.m.

$AVE : $200

AMERICA’S AA NORTH HOUSTON

www.americasautoauction.com

1440 FM 3083, Conroe, TX 77301

936.441.2882, Fax 936.788.2842

GM: Buddy Cheney

Tuesday, 1:00 p.m.

$AVE : $200

AUTONATION AUTO AUCTION - HOUSTON

www.autonationautoauction.com

608 W. Mitchell Road, Houston, TX 77037

822.905.2622, Fax 281.506.3866

GM: Juan Gallo

Friday, 9:30 a.m.

$AVE : $200

HOUSTON AUTO AUCTION

www.houstonautoauction.com

2000 Cavalcade, Houston, TX 77009

713.644.5566, Fax 713.644.0889

President/GM: Tim Bowers

Wednesday, 11:00 a.m.

$AVE : $200

IAA HOUSTON*

www.iaai.com

2535 West. Mt. Houston, Houston, TX 77038

281.847.4700, Fax 281.847.4799

GM: Alvin Banks

Wednesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA HOUSTON NORTH*

www.iaai.com

16602 East Hardy Rd., Houston-North, TX 77032

281.443.1300, Fax 281.443.4433

GM: Aracelia Palacios

Thursday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA HOUSTON SOUTH*

www.iaai.com

2839 E. FM 1462, Rosharon, TX 77583

281.369.1010, Fax 833.595.8398

GM: Adriana Serrano

Friday, 9:30 a.m.

$AVE : up to $200 Sell Fee

MANHEIM HOUSTON

www.manheim.com

14450 West Road, Houston, TX 77041

281.924.5833, Fax 281.890.7953

GM: Brian Walker

Tuesday, 9:00 a.m. / Thursday 6:30 p.m.

$AVE : $100

MANHEIM TEXAS HOBBY

www.manheim.com

8215 Kopman Road, Houston, TX 77061 713.649.8233, Fax 713.640.6330

GM: Darren Slack

Thursday, 9:00 a.m.

$AVE : $100

Longview

ALLIANCE AUTO AUCTION LONGVIEW

www.allianceautoauction.com

6000 East Loop 281, Longview, TX 75602 903.212.2955, Fax 903.212.2556

GM: Chris Barille

Friday, 10:00 a.m.

$AVE : $200

IAA LONGVIEW*

www.iaai.com

5577 Highway 80 East, Longview, TX 75605 903.553.9248, Fax 903.553.0210

GM: Edgar Chavez

Thursday, 9:00 a.m.

$AVE : up to $200 Sell Fee

Lubbock

IAA LUBBOCK*

www.iaai.com

5311 N. CR 2000, Lubbock, TX 79415 806.747.5458, Fax 806.747.5472

GM: Chris Foster

Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

TEXAS LONE STAR AUTO AUCTION**

www.lsaalubbock.com

2706 E. Slaton Road., Lubbock, TX 79404 806.745.6606

GM: Dale Martin

Wednesday, 9:30 a.m

$AVE : $75/Quarterly

Lufkin

LUFKIN DEALERS AUTO AUCTION

www.lufkindealers.com

2109 N. John Reddit Dr., Lufkin, TX 75904 936.632.4299, Fax 936.632.4218

GM: Wayne Cook

Thursday, 6:00 p.m.

$AVE : $200

Midland Odessa

IAA PERMIAN BASIN*

www.iaai.com

701 W. 81st Street, Odessa, TX 79764 432.550.7277, Fax 432.366.8725

Thursday, 11:00 a.m.

$AVE : up to $200 Sell Fee

ONLINE

ACV AUCTIONS**

www.acvauctions.com

800.553.4070

$AVE : $250

E-DEALERDIRECT**

www.e-dealerdirect.com

chris@edealerdirect.com

$AVE : Up to $500/month

San Antonio

ADESA SAN ANTONIO

www.adesa.com

200 S. Callaghan Rd., San Antonio, TX 78227 210.434.4999, Fax 210.431.0645

GM: Clifton Sprenger

Thursday, 10:00 a.m.

$AVE : $200

IAA SAN ANTONIO*

www.iaai.com

11275 S. Zarzamora, San Antonio, TX 78224

210.628.6770, Fax 210.628.6778

GM: Paula Booker

Monday, 9:00 a.m.

$AVE : up to $200 Sell Fee

MANHEIM SAN ANTONIO**

www.manheim.com

2042 Ackerman Road

San Antonio, TX 78219

210.661.4200, Fax 210.662.3113

GM: Mike Browning

Wednesday, 9:00 a.m.

$AVE : $100

SAN ANTONIO AUTO AUCTION**

www.sanantonioautoauction.com

13510 Toepperwein Rd. San Antonio, TX 78233

210.298.5477

GM: Brandon Walston

Tuesday, 10:00 a.m. / Thursday, 1:30 p.m.

$AVE : $200

Tyler

GREATER TYLER AUTO AUCTION

www.greatertyleraa.com

11654 Hwy 64W, Tyler, TX 75704 903.597.2800, Fax 903.597.3848

GM: Wayne Cook

Tuesday, 5:00 p.m.

$AVE : $200

Waco

ALLIANCE AUTO AUCTION WACO

www.allianceautoauction.com

15735 I-35 Frontage Road

Elm Mott, TX 76640

254.829.0123, Fax 254.829.1298

GM: Christina Thomas

Friday, 10:00 a.m.

$AVE : $200

March 2023 Texas Dealer 31
*Coupons range from $75 to $500 each on buy-sell fees. L e t Y o u r M e m b e r s h i p P a y f o r I t s e l f L e t Y o u r M e m b e r s h i p P a y f o r I t s e l f Save Over Save Over $10,000!* $10,000!* Download the TIADA App Download the TIADA App Over 45 Over 45 Participating Participating Auctions in Texas! Auctions in Texas! Step 1) Search for "TXIADA" Step 2) Download the App Step 3) Create Your Account Step 4) Save Big! Discounts on auctions and much more

TIADA Members Support You at the Texas Capitol

It was an overcast day on February 7 in Austin, with rain threatening to dampen the 2023 TIADA Day at the Capitol. But the forecast did not stop over 60 TIADA dealers and associate members in Texas from traveling to the Capitol in Austin to advocate for legislation and policies beneficial to the independent automobile industry. Throughout the day, members discussed issues that will impact their businesses with 70 state legislators and staff.

One theme that recurred throughout our conversations with members is the importance of the relationships TIADA has established at the Capitol. And Steve Jordan, owner of AutoVida in Lancaster, credits both legislators and members with fostering those relationships.

“It’s important because dealers always have to have a presence with those who seek to regulate and influence our business,” Jordan said. “This is a must-be-present to win business, and if we’re not present, we’re not winning. And it’s important to build those relationships, stay front and center in front of our elected officials and tell them

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"It’s important because dealers always have to have a presence with those who seek to regulate and influence our business. This is a must-be-present to win business, and if we’re not present, we’re not winning."
33 March 2023 Texas Dealer
~Steve Jordan, AutoVida in Lancaster

what we’re seeing on a day-to-day basis, because they don’t always know what they don’t know, and they want to know how they can help.”

Even for first-time attendees, it was obvious that building a rapport with lawmakers is crucial to supporting the independent automobile industry. Anna-Lisa

and Compliance with Vroom, noted the significance of bringing real-world understanding about the business to legislators.

“Dealers can get such a great benefit from meeting their legislators and letting them understand the issues faced in our industry; plus, the collaborative spirit you find dealerto-dealer at the event is very palpable. There is so much value in having a seat at the table with lawmakers and industry, and it cannot be underestimated,” Corrales said.

Scott Allen, of Auto Land in Haltom City, is a more veteran presence at the TIADA Day at the Capitol. Allen emphasized how it is “extremely important to the industry that legislators know who we are, especially after not being able to walk the Capitol halls here in Austin during the previous legislative session. Every single one of the meetings that

"There is so much value in having a seat at the table with lawmakers and industry, and it cannot be underestimated."
~Anna-Lisa Corrales,
Texas Dealer March 2023 34

I’ve been to, I’ve asked, do you know who we are? Have you ever heard of TIADA? And in every case, they are familiar with who we are.”

Allen attributes the legislators’ familiarity with the association to its ongoing efforts, not just at this event during the legislative session, but throughout the year.

In addition to the strong presence of its dealer members, the event was sponsored by several associate members who came to represent and speak on behalf of the industry. Mike Browning, General Manager at Manheim San Antonio, highlighted how important the Day at the Capitol was for independent dealers in Texas. “The opportunity to voice our support and concerns to our legislators is critical to our industry. We accomplished some good work today, and there is even more to do.”

The advocacy efforts began Monday evening as TIADA hosted an informal reception where lawmakers

"The opportunity to voice our support and concerns to our legislators is critical to our industry. We accomplished some good work today, and there is even more to do."
~Mike Browning, GM at Manheim San Antonio
March 2023 Texas Dealer 35

and dealers could meet and introduce themselves. Then on Tuesday morning, the TIADA delegation split up into small groups of dealers and associate members to meet with lawmakers from both the Texas Senate and House of Representatives. Members used these meetings to highlight TIADA’s specific legislative priorities for this session including: increasing the validity of a state inspection for a dealer sale only from 180 days to one year; numerous efforts by members of the Texas Legislature to address catalytic converter theft. TIADA supports SB 224 (Alvarado, Whitmire), which criminalizes the possession of 2 or more catalytic converters that have been removed from 2 or more different vehicles; and several measures to support lienholders, including a bill that ensures property owners are fully compensated for crashes caused by another driver, one that ensures that insurers fairly compensate property owners for losses by providing an appraisal process to ensure fair evaluations of losses, and one that increases the minimum liability coverage for automobile insurance policies from $25,000 to $50,000.

"The information provided was both informative and important to the continued success of each of our mutual partners."
Texas Dealer March 2023 36
~Jonathan Rudd, Vice president, ACV Auctions

According to those in attendance, legislators and their staff were consistently receptive to the association’s goals and expressed an openness to working with members of the industry.

“This is our opportunity to sit down with the legislators that shape our laws and be able to have a voice,” said April Hanson, Market Director of Coast to Coast Motors. Fellow Houston dealer, Juan Sabillon, Owner of Mi Tierra Auto Sales, reiterated her sentiments. “Each one of the representatives that we have visited with has been very receptive,” he said. “And they understand the issues that we’re talking to them about.”

Jonathan Rudd, Vice president of ACV Auctions, walked away with a strong sense of community of progress for the industry. “We had a great time interacting with each of the senators and representatives at the Capitol and with the many dealers that were present,” Rudd

"Every dealer should take the time to do this at least once.
What a great way to meet your legislators, build a relationship with them, and let them know your legislative concerns."
~Kirk Lauritsen, Assured Vehicle Protection
March 2023 Texas Dealer 37

said. “The information provided was both informative and important to the continued success of each of our mutual partners.”

Kirk Lauritsen, of Assured Vehicle Protection, echoed the significance of this event as a major part of what the association does throughout the year. “Every dealer should take the time to do this at least once,” Lauritsen said. “What a great way to meet your legislators, build a relationship with them, and let them know your legislative concerns.”

TIADA’s legislative efforts are just beginning. Be sure to visit the TIADA website, where you will find the Legislative Action Center and blog updates on the latest legislative developments. You will also be able to track key legislation and find information about contacting your representatives. Your voice matters and helps us strengthen our industry.

resource guide

The TIADA Website: www.txiada.org

Members can log in with their username/password and access our Dealer Member Directory, Legislative Action Center, Compliance Consultation Service and much more. Register for all upcoming TIADA events online through the Calendar of Events, access our online membership application, find contact information for all our Local Chapters, and access many additional resources through our Knowledge Base.

License Renewal Certificate

TexasDealerEducation.com

Texas Department of Motor Vehicles

888.368.4689

www.txdmv.gov

Office of Consumer Credit Commissioner

800.538.1579

occc.texas.gov

Texas Comptroller

800.252.1382

comptroller.texas.gov

NIADA

817.640.3838

www.niada.com

REPOSSESSIONS

American Recovery Association

972.755.4755

www.repo.org or contact

TIADA state office

FORMS

Burrell Printing

512.990.1188

www.burrellprinting.com

Texas Dealer March 2023 38

Please Welcome Our Newest TIADA Members

DEALER MEMBERS 31 Auto Sales Dan McLeaan 14332 State Highway 31 E , Brownsboro, TX 75756 Asil Auto Sales LLC Merad Al Saadi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903 Wagon Trail Unit B, Austin, TX 78758 BDS Motors Brady Short . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5534 E Belknap St, Haltom City, TX 76117 Bon Suerte Geld Investment Co., LLC Robert Givens . . . . . . . . . . . . . . 5659 Interstate Hwy 35 S, San Antonio, TX 78211 Buffalo Auto Sales II Inc Wade Rieves 1813 Maricopa Ct, League City, TX 77573 Carsandpickups.com Scott Davidson 15051 E Beltwood Pkwy, Addison, TX 75001 Comal County Truck Sales LLC Shawn Brewer 114 E 39th Street, Houston, TX 77018 Hamtee Global Concept LLC Oluwatosin Oni . . . . . . . . . . . . . . . . . . 7424 Mansfield Hwy, Ste 124, Kennedale, TX 76060 Houston Auto Gallery Zaher Alshannaq . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1117 S Mason Rd, Katy, TX 77450 K9 Motors LLC Elkin Toledo 309 East Tidwell Rd, Houston, TX 77022 Republic Motorcycle USA Tammy Wehrle 1345 Precinct Line Rd, Hurst, TX 76053 THISCAR, LLC Debbie Coleman 11415 Spell Rd, Tomball, TX 77375 Top Gear Autos Royce Shell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606 Powers St ., Waco, TX 76705 Zama Auto Group Murad Ali . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10622 E Northwest Hwy, Dallas, TX 75238
MEMBERS SmartGroups – 20 Groups Reimagined Justin Osburn . . . . . . . . . . . . . . . . . . . . . . . 101 E Jefferson St, Clinton, MO 64735 tekRescue Debbie Bryan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3413 Hunter Road, Suite A, San Marcos, TX 78666 39 March 2023 Texas Dealer
ASSOCIATE

ATTENTION STUDENTS!

$1,000 Marvin Norwood Scholarship DEADLINE

May 13, 2023

{Applications and/or any required documents received after May 13, 2023 will NOT be accepted.}

Criteria and Guidelines

1. Each applicant must be entering or currently enrolled in an accredited college or a trade school. Proof of enrollment must be included with this application.

2. Each applicant must provide a letter from their TIADA member sponsor that includes the sponsor’s address and phone number.

3. Each applicant must complete the application form.

4. A copy of high school transcripts is required for applicants who are college freshmen. If applicant is currently enrolled, provide college transcripts with official university imprint.

5. Provide a detailed description of participation in any academic, honorary, civic or extracurricular activities in college. In addition, a detailed description of high school activities is required from college freshmen along with a college acceptance letter.

6. Compose an essay of no more than two typed, double-spaced 8 ½” x 11” pages. The essay should discuss the applicant’s relationship with their TIADA scholarship sponsor, current education goals and future aspirations as it relates to the applicant’s subject/training area.

7. Provide at least two (but no more than three) letters of recommendation, no older than one year, from college/high school faculty, employers or other appropriate sources (not related).

Date:

Name:

Address:

SCHOLARSHIP APPLICATION

DOB:

City: State: Zip:

Email:

(You will receive an email confirmation of receipt.)

Telephone Number:

High School Last Attended: Address:

City: State: Zip:

Dates of Attendance:

Date of Graduation:

Other High Schools Attended (Names and Addresses):

College(s) you are attending or plan to attend for admission:

Parents Name(s):

TIADA Member Name (Sponsor):

TIADA Member Company Name:

TIADA Member Address:

City: State: Zip:

Sponsor Signature

Should you have any questions, please contact TIADA at 512.244.6060. Please return the completed application with all required documents to:

TIADA

Attention: Scholarship Applications 9951 Anderson Mill Rd. Suite 101, Austin, TX 78750

Texas Dealer March 2023 40

Awards and Scholarships: The Rundown

Quality Dealer of the Year Award

The Texas Quality Dealer of the Year designation is the highest honor awarded to a TIADA member each year. The association will recognize our state Quality Dealer at the conference in July. The candidates for this award should demonstrate exceptional business ethics, professionalism, service to TIADA, and allaround good citizenship. The TIADA winner will be eligible for the National Quality Dealer Award, which will be presented at the NIADA Convention next year. The nomination deadline for 2023 is April 6th.

Independent Award

The Independent Award is given to an individual outside of the industry (i.e. politicians, media members, non-industry supporters) who have gone above and beyond in their support of the industry and shown a truly independent spirit.

Marvin Norwood Scholarship

In 2015, our academic scholarship was formally renamed the Marvin Norwood Scholarship, in honor of Hall of Fame inductee Marvin Norwood from Abilene Auto Sales. Marvin, who passed away in 2013, was an avid supporter of the scholarship program. $1,000 in financial assistance will be awarded to a deserving applicant who is entering or currently enrolled in an accredited college or a trade school. The application and required documents must be received by May 13th.

Nominations for these awards can be done online. Visit www.txiada.org for more information and to submit your nomination. There you can also find the application for the Marvin Norwood Scholarship (also see page 40). Go ahead, nominate someone today!

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6/22 41 March 2023 Texas Dealer
A u t o De a l e r S o l u t i o n s

Negligent Entrustment of a Motor Vehicle in Texas

In most cases, an owner of a vehicle has the right to entrust that vehicle to another person. However, the situation becomes problematic if the owner of the vehicle loans that vehicle to someone who should not be driving. While negligent drivers are usually held accountable for the damage they cause in an accident, when the owner of the vehicle is aware that the driver should not be driving, the owner can be found guilty of negligent entrustment of a motor vehicle.

When a vehicle is involved in negligent entrustment, it is usually because the owner of the vehicle is aware or should have been aware that the driver is unable to drive. When the driver is impaired or has a history of drinking and driving, the owner of the car may be accountable for the accident since the owner knows of the driver’s history of recklessness or incompetence.

Proving negligence is much easier if the owner hands the keys to someone who is already impaired or otherwise unable to drive. Proving negligent entrustment is more difficult when the borrower is sober when he or she receives the car but later stops at a bar to drink.

Commercial businesses may also be guilty of negligent entrustment. For example, a trucking company that provides a truck to a driver who is not properly licensed may be found guilty of negligent entrustment if an accident occurs.

Elements of Negligent Entrustment

Negligent entrustment must include the following elements:

(1) the entrustment of a vehicle by the owner;

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43 March 2023 Texas Dealer

(2) to an unlicensed, incompetent, or reckless driver;

(3) that the owner knew or should have known to be unlicensed, incompetent, or reckless; and

(4) the driver was negligent on the occasion in question; and

(5) driver’s negligence proximately caused the accident and plaintiff’s injuries.

If all elements are in place, the driver, the owner, or both may be found liable for damages. There is a recent case in Texas worth discussion here.

Sauceda v. Quality Motors

A recent judgment was made in 2021 in the 13th District Court in Navarro County. The case involved a negligententrustment claim against a car dealership (Quality Motors) that retained the certificate of title to a vehicle involved in a head-on collision. Appellant Mary Sue Sauceda argued that the trial court’s ruling on the motion for summary judgment should be

reversed because Quality Motors negligently entrusted the vehicle to Danna Zertuche-Yanez, the other driver in the head-on collision, as a matter of law.

Sauceda filed suit against Zertuche-Yanez and Quality Motors on several negligence theories. In support of her negligent entrustment theory against the dealership, Sauceda filed a traditional motion for partial summary judgment asking the trial court to find, as a matter of law, that Quality Motors: (1) retained ownership of the Mazda at the time of the collision; and (2) had a duty to ensure Zertuche-Yanez was a licensed and competent driver and that they breached that duty.

Quality Motors filed a reply to Sauceda’s motion and then filed its own traditional motion for summary judgment asking the trial court to find, as a matter of law, that Quality Motors did not: (1) own or control the vehicle at the time of the accident; and (2) have a duty to ensure that Zertuche-Yanez was

licensed when it sold the vehicle to her. Quality Motors also asked the trial court to enter summary judgment in its favor on Sauceda’s claims of negligent training, negligence per se, and gross negligence.

After a hearing, the trial court denied Sauceda’s summaryjudgment motion and granted Quality Motors’s cross-motion for summary judgment. The District Court affirmed the lower court’s ruling, concluding that Quality Motors presented sufficient evidence to rebut the presumption of ownership at summary judgment. Quality Motors, as the naked title owner of the vehicle, had no right to possess or control the car such that it should be held liable for allegedly negligently entrusting it to Zertuche-Yanez.

The Court affirmed the judgment of the trial court and did not find Quality Motors liable for negligent entrustment.

Proving responsibility in these cases may be a challenge. An attorney who is experienced with personal injury litigation is crucial when prosecuting or defending a negligent entrustment case.

All information provided in this article is provided for informational purposes only and is not intended to be used for legal advice. Users of this article should not take any actions or refrain from taking any actions based upon content or information in this article. Readers of this article should contact a licensed Texas attorney for a full and complete review of their legal issues.

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behind the wheel

What If...

On many occasions, I have used this article to discuss the number one goal of our association — to grow our influence! And there is no doubt that TIADA has done that and then some over the last 16 years. In my last Behind the Wheel, I thought about listing some of the many accomplishments and thanking so many of the dealer members, associate members, and TIADA team members who made it possible. But your association has too much work to do for us to start patting each other on the back just yet.

I opted to focus on what we can do, as opposed to what we have done. An association can grow its influence in a number of ways: we can increase our voice by increasing membership and attending legislative events; we can become a more compliant industry by attending education programs ensuring we understand the laws and rules that regulate our industry; we can contribute to INDEPAC to help support legislators who philosophically align with the association; and we can show strength, unity, and diversity by increasing our attendance at the conference. So, in my last article, I am going to ask, “what if?”

What if each member recruited one new member this month? You would have almost 2600 members rolling into the last two months of the legislative session, speaking volumes to your elected leaders.

What if each current member contributed $100 to INDEPAC this month? It would be your largest INDEPAC fundraiser ever and have you well positioned to be very active players in the 2024 interim.

What if 35% of TIADA members registered for the conference coming up in July (dealer registration is now open)? You would celebrate your largest conference ever, and dealers would leave with the knowledge they need to stay compliant and profitable.

I realize I have asked a lot of you in the past 16 years, and you have always delivered. My last ask is simple: this month, recruit one new member, send $100 to INDEPAC, and register for the TIADA Conference. By the end of April, TIADA will be under new leadership, and that lucky person will be sitting on the most influence your association has ever seen.

I have one last “what if,” but it’s personal.

What if your parents were David and Elaine Martin, and they had read every Behind the Wheel you had ever written? They would have read almost 200 articles, and you would be a pretty lucky son. Thanks, mom and dad. I love you.

Now my focus will turn to growing the influence of your National Independent Automobile Dealers Association, and I could not be more excited to have you along for the ride.

My last ask is simple: this month, recruit one new member, send $100 to INDEPAC, and register for the TIADA Conference.
46 Texas Dealer March 2023
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