MOTOR VEHICLE REPAIRS.

Dallas City Code ch. 50, art. IX

in effect

Dallas City Code § 50-113 DEFINITIONS.

SEC. 50-113. DEFINITIONS. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative. (b) MAJOR COMPONENT means the engine (excluding accessories), transmission, or differential gear of a motor vehicle. (c) MOTOR VEHICLE means any self-propelled device in, upon, or by which persons or property are or may be transported upon a highway, except devices moved by human power or used exclusively upon stationary rails. (d) MOTOR VEHICLE REPAIR means mechanical repair, alteration, or addition of equipment or parts, which includes but is not limited to, tuneup, brake work, transmission work, engine repair, body work, painting, and upholstering. (e) LICENSEE means a person licensed to engage in the motor vehicle repair business under the provisions of this article. (f) PERSON means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity. (Ord. Nos. 14487; 17226)

Dallas City Code § 50-114 LICENSE REQUIRED; TRADE NAME REGISTRATION.

SEC. 50-114. LICENSE REQUIRED; TRADE NAME REGISTRATION. (a) No person shall own, maintain, conduct, operate, or engage in the business of motor vehicle repair for compensation within the city, or hold himself out as being able to do so, or act as the agent for another who is engaged in the motor vehicle repair business, or take custody of the motor vehicle within the city for the purpose of repair without first obtaining a motor vehicle repair license from the director. Should a person maintain a motor vehicle repair establishment at more than one location, a duplicate license is required for each additional location. The license issued to a motor vehicle repair establishment authorizes the licensee and all its bona fide employees to engage in the business of motor vehicle repair. (b) A licensee shall register with the director the trade name of his motor vehicle repair establishment and shall not use or permit to be used more than one trade name at a single location. (Ord. 14487)

Dallas City Code § 50-115 LICENSE APPLICATION, PLACE OF BUSINESS, ISSUANCE, RENEWAL, AND EXPIRATION.

SEC. 50-115. LICENSE APPLICATION, PLACE OF BUSINESS, ISSUANCE, RENEWAL, AND EXPIRATION. (a) An applicant for a license shall file with the director a written application upon a form provided for that purpose, which shall be signed by the applicant or his local authorized agent, who shall be an individual responsible for the operation of applicant’s local motor vehicle repair business. Should an applicant maintain a motor vehicle repair establishment at more than one location, a separate application must be filed for each location. The following information shall be required in the application: (1) name, address, and telephone number of the applicant, including the trade name by which applicant does business and the street address of the motor vehicle repair establishment, and if incorporated, the name registered with the secretary of state; (2) a statement whether a motor vehicle repair license issued to applicant or any proprietor, partner, or corporate officer of applicant, has been revoked within one year preceding the date of application; and (3) a statement that applicant engages in the business of motor vehicle repair and that all facts stated in the application are true. (b) An applicant is required to maintain a permanent and established place of business at a location where a motor vehicle repair business is not prohibited by the comprehensive zoning ordinance of the city. (c) When an application for a license or license renewal has been filed with the director in proper form, the director shall, within 30 days from the date of filing approve or deny the application. If the application is denied, the director shall send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial. (d) Repealed by Ord. 16476. (e) The director may, at any time, require additional information of a licensee or an applicant to clarify items on the application. (Ord. Nos. 14487; 16476)

Dallas City Code § 50-116 FEES.

SEC. 50-116. FEES. The annual fee for a motor vehicle repair license is $122 for the first location and $75 for a duplicate license for each additional location. The fee for issuing a replacement license for one lost, destroyed, or mutilated is $25. The fee is payable to the director upon issuance of a license. No refund of license fees will be made. (Ord. Nos. 14487; 16476; 16700; 18411; 18876; 20076; 26598; 29879; 31332; 32556)

Dallas City Code § 50-117 LICENSE DISPLAY, REPLACEMENT, AND TRANSFERABILITY.

SEC. 50-117. LICENSE DISPLAY, REPLACEMENT, AND TRANSFERABILITY. (a) Each license issued pursuant to this article must be posted and kept in a conspicuous place in the motor vehicle repair establishment. (b) A replacement license may be issued for one lost, destroyed, or mutilated upon application on a form provided by the director. A replacement license shall have the word “replacement” stamped across its face and shall bear the same number as the one it replaces. (c) A motor vehicle repair license is not assignable or transferable. (d) A licensee shall notify the director within 10 days of a change or partial change in local ownership or management of the motor vehicle repair business, or if there is no local ownership, then a change in the authorized agent referred to in Section 50-115(a), or a change of address or trade name. (Ord. 14487)

Dallas City Code § 50-118 REFUSAL TO ISSUE OR RENEW LICENSE.

SEC. 50-118. REFUSAL TO ISSUE OR RENEW LICENSE. The director shall refuse to approve issuance or renewal of a motor vehicle repair license for one or more of the following reasons: (1) a false statement as to a material matter intentionally made in an application for a license; (2) conviction twice within a two year period of the applicant or a current employee of the applicant while he was in applicant’s employment for a violation of a provision of this article; (3) revocation of a license, pursuant to this article, of the applicant, or a proprietor, partner, or corporate officer of the applicant, within one year preceding application; or (4) use by the licensee of a trade name for his motor vehicle repair business other than the one registered with the director. (Ord. 14487)

Dallas City Code § 50-119 LICENSE REVOCATION.

SEC. 50-119. LICENSE REVOCATION. (a) The director shall revoke a motor vehicle repair license for one or more of the following reasons: (1) a false statement as to a material matter intentionally made in an application for a license, license renewal, or a hearing concerning the license; (2) conviction twice within a two year period of the licensee or a current employee of the licensee while he was in licensee’s employment for a violation of a provision of this article; (Notice shall be given to a licensee on the date formal charges are filed against an employee of the licensee. If licensee discharges a convicted employee within one week after his second final conviction, the license is not subject to revocation under this subparagraph.) or (3) use by the licensee of a trade name for his motor vehicle repair business other than the one registered with the director. (b) The director shall send written notice of a revocation to the licensee by certified mail, return receipt requested, setting forth the reasons for the revocation. (Ord. 14487)

Dallas City Code § 50-120 APPEAL FROM REFUSAL TO ISSUE OR RENEW LICENSE; FROM DECISION TO REVOKE LICENSE.

SEC. 50-120. APPEAL FROM REFUSAL TO ISSUE OR RENEW LICENSE; FROM DECISION TO REVOKE LICENSE. If the director refuses to approve the issuance of a license or the renewal of a license to an applicant, or revokes the license issued to a licensee under this article, this action is final unless the applicant or licensee files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 14487; 18200)

Dallas City Code § 50-121 POWERS AND DUTIES OF THE DIRECTOR.

SEC. 50-121. POWERS AND DUTIES OF THE DIRECTOR. In addition to the powers and duties elsewhere prescribed in this chapter the director is required to: (1) administer and enforce all provisions of this article; (2) keep records of all licenses issued, suspended, or revoked; (3) adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of applications for licenses, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article; and (4) conduct, on his own initiative, periodic investigations of motor vehicle repair establishments throughout the city concerning their compliance with this article. (Ord. 14487)

Dallas City Code § 50-122 SCHEDULE OF CHARGES.

SEC. 50-122. SCHEDULE OF CHARGES. (a) Before taking custody of a motor vehicle, the licensee or his agent, shall provide the owner or his agent, with a written itemized schedule of charges, if such charges are made, to include the following items: (1) charges for making an estimate of repairs; (2) total charges for release of the motor vehicle in a disassembled state if it is not repaired; (3) total charges for release of the motor vehicle in reasonably the same condition as when delivered to licensee if repairs are not made; (4) storage charges; (5) towing charges; and (6) itemized list of all other charges, other than those included in the estimate. (b) Except for the estimate price a licensee shall not charge a person for a service not recorded on the schedule of charges. The licensee shall retain one copy of the schedule of charges signed by the motor vehicle owner or his agent for a period of one year. (c) If the motor vehicle is brought to the licensee’s establishment by a towing service, which is either an agent of the motor vehicle owner or an agent of the licensee, and there is no opportunity for licensee to present a schedule of charges to the owner before taking custody, the licensee shall provide, either in writing or by telephone, a schedule of charges at the time of giving the estimate of repairs. (d) If a schedule of charges is given by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing repairs, and the telephone number called. (Ord. Nos. 14487; 16476)

Dallas City Code § 50-123 DISCLOSURE OF LOCATION OF REPAIRS, COST OF REPAIRS, TIME TO COMPLETE.

SEC. 50-123. DISCLOSURE OF LOCATION OF REPAIRS, COST OF REPAIRS, TIME TO COMPLETE. (a) If none of the repairs are to be performed by licensee at licensee’s establishment, then before taking custody of a motor vehicle, the licensee or his agent shall disclose to the owner or his agent, the trade name, address, and telephone number where the vehicle will be repaired. (b) Before disassembling a major component of the motor vehicle, the licensee or his agent shall disclose to the owner or his agent that a major component of the motor vehicle will need to be disassembled in order for an estimate to be made. (c) Prior to repair work being performed on a motor vehicle, the licensee or his agent shall provide the owner or his agent, either in writing or by telephone, an estimate of total charges for repairs, not including sales tax, and an estimate of time to complete the repairs. A licensee is not required to give an estimate of total charges for repairs and an estimate of time to complete repairs for a job of $15 or less. (d) After receiving the estimate, the owner or his agent may either authorize the repairs at the estimate of cost and time or request return of the motor vehicle in a disassembled state or in reasonably the same condition as when released to the licensee, in which case the licensee or his agent shall make the motor vehicle available for possession within three working days from the time of request, and shall receive payment only for those items on the schedule of charges to which he is entitled. If authorization of an estimate of total charges for repairs or an estimate of time to complete repairs is made by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing the repairs, and the telephone number called together with a list of parts, labor, and the total cost. (e) A licensee shall not charge for repairs an amount exceeding the estimate by more than 10 percent or $10, whichever is greater, unless the owner or his agent is notified by telephone or in writing and authorizes the increased cost estimate. If authorization of an increased cost estimate is made by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing the additional cost, and the telephone number called together with a list of additional parts, labor, and the total additional cost. (f) Should the licensee be unable to complete the repairs in the time estimated, he shall notify the owner or his agent of this fact, after which notification the owner or his agent may request return of the motor vehicle in either an assembled or disassembled state, in which case the licensee or his agent shall make the motor vehicle available for possession within three working days from the date of request and the licensee shall receive payment for the work actually done and those items on the schedule of charges to which he is entitled. If authorization of an extended estimate of time to repair is made by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing the repairs, and the telephone number called. (g) The licensee or his agent shall give the owner or his agent a copy of all documents that require the signature of the owner or his agent at the time the documents are signed. (h) Other than the disclosures required by this article and the following standard work order agreement provisions, if any other preprinted provision is stipulated on a document which the customer signs it must be in eight point type. If any provisions appear on a side other than that which the customer signs, a notice must appear just above the customer’s signature calling attention to additional terms and conditions and their location on the document. For the purposes of this section, the standard work order agreement provisions are as follows: (1) authorization of repairs to be made; (2) permission to operate motor vehicle; (3) acknowledgment of mechanic’s lien to secure amount of repairs; and (4) limitation on liability for loss or damage. (Ord. Nos. 14487; 16476)

Dallas City Code § 50-124 DETAILED INVOICE REQUIRED; RETURN OF REPLACED PARTS.

SEC. 50-124. DETAILED INVOICE REQUIRED; RETURN OF REPLACED PARTS. (a) The licensee shall record all work performed on an invoice describing all service work done and all parts supplied with reasonable particularity, identifying parts by name and the exact charge for each. If used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. The licensee shall disclose the trade name, business address, and business telephone number of the licensee on the invoice unless licensee has its address currently listed in the city of Dallas telephone directory. One copy shall be given to the customer and one copy retained by the licensee for a period of at least one year. Invoices and records pertaining to the invoices shall be open for reasonable inspection by the director. (b) The licensee shall return replaced parts to the customer if requested by the owner or his agent when the estimate is given, except those parts which must be returned to the manufacturer or distributor under warranty or for exchange. (Ord. 14487)

Dallas City Code § 50-125 DISCLOSURE REQUIRED FOR WARRANTY.

SEC. 50-125. DISCLOSURE REQUIRED FOR WARRANTY. (a) If a licensee provides a warranty or pro rata warranty on repair parts and labor, he shall put it in writing and give a legible copy to the customer. The customer’s copy of the warranty must contain: (1) the nature and extent of the warranty including a description of parts or services included or excluded from the warranty; (2) the duration of the warranty and requirements to be performed by warrantee before the warrantor will fulfill the warranty; (3) all conditions, limitations, and the manner in which the warrantor will fulfill the warranty, such as repair, replacement, or refund; (4) any options of the warrantor or warrantee; and (5) the warrantor’s identity and address. (b) When repair or diagnostic work is performed pursuant to a warranty, licensee shall give an estimate of time to complete the repairs as required in Section 50-123. (Ord. 14487)

Dallas City Code § 50-126 ADVERTISING.

SEC. 50-126. ADVERTISING. (a) A licensee shall disclose in any published or broadcasted advertisement relating to motor vehicle repair the following information: (1) the name of the licensee, as shown on the license; (2) the street address of the motor vehicle repair establishment unless the licensee has its address currently listed in the city of Dallas telephone directory; and (3) if an establishment does not perform repairs on motor vehicles but takes custody of motor vehicles and contracts all repairs to another, it must advertised that it is a motor vehicle repair brokerage business. (b) An advertisement by a licensee of a warranty which provides for adjustment on a pro rata basis, shall conspicuously disclose the basis on which the warranty will be prorated. (c) It shall be unlawful for a licensee to advertise in any manner, the fact that he is a holder of a city motor vehicle repair license. (Ord. 14487)

Dallas City Code § 50-127 UNNECESSARY REPAIRS; CHARGING FOR WORK NOT PERFORMED.

SEC. 50-127. UNNECESSARY REPAIRS; CHARGING FOR WORK NOT PERFORMED. (a) A person shall not intentionally make repairs upon a motor vehicle which are not bona fide and not necessary to correct the malfunction for repair of which his services were sought. (b) A person shall not represent that he has performed work or replaced parts on a motor vehicle when he has not performed the work or replaced the parts. (Ord. 14487)

Dallas City Code § 50-128 EXEMPTIONS.

SEC. 50-128. EXEMPTIONS. (a) A person engaged in the business of adding fluids only to motor vehicles is exempted from the provisions of this article. (b) A licensee who enters into a contract with a commercial, industrial, or governmental entity to repair motor vehicles belonging to the entity subject to terms established in the contract, is exempted from the provisions of Sections 50-122 and 50-123 while in the performance of repairs pursuant to the contract. (Ord. Nos. 14487; 16476)

Dallas City Code § 50-129 SIGN GIVING CUSTOMER NOTICE REQUIRED.

SEC. 50-129. SIGN GIVING CUSTOMER NOTICE REQUIRED. A licensee shall display a sign in a conspicuous place near the service entrance where the customer normally brings his motor vehicle for repair work. The sign shall be not less than 24 inches by 26 inches in size, with 72 point bold face type used for the heading and 48 point bold face type used for the wording in the list. The sign shall contain precisely the following words only: IN COMPLIANCE WITH THE MOTOR VEHICLE REPAIR ORDINANCE OF THE CITY OF DALLAS THIS FIRM IS PLEASED TO FURNISH EACH CUSTOMER WITH: (1) AN ESTIMATE FOR COST OF ALL REPAIR WORK IN EXCESS OF $15.00. (2) AN ESTIMATE OF TIME TO COMPLETE REPAIR WORK. (3) A DETAILED INVOICE OF WORK DONE AND PARTS SUPPLIED. (4) RETURN OF REPLACED PARTS OTHER THAN THOSE WHICH MUST BE RETURNED TO THE MANUFACTURER OR DISTRIBUTOR IF REQUESTED AT THE TIME ESTIMATE IS GIVEN. (5) A COPY OF ANY DOCUMENT THAT REQUIRES YOUR SIGNATURE. (Ord. 14487)

Dallas City Code § 50-130 PENALTY.

SEC. 50-130. PENALTY. Any person violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 and not more than $500. (Ord. Nos. 14487; 19963)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-126465Fetched: 10/26/2026