The Texas Lemon Law Statute (Tex. Occ. Code § 2301.601)

The Texas Lemon Law is codified at Tex. Occ. Code §§ 2301.601–2301.613 (formerly Tex. Rev. Civ. Stat. art. 4413(36)). It’s part of the Texas Motor Vehicle Commission Code, administered by the Texas Department of Motor Vehicles (TxDMV). Unlike California’s Song-Beverly Act, the Texas statute is enforced primarily through administrative hearings, not state-court lawsuits.

The core promise

Section 2301.604 requires a manufacturer to replace or repurchase a new motor vehicle when:

• The manufacturer (or its authorized agent) cannot repair a defect that “substantially impairs” the use or market value of the vehicle within a reasonable number of attempts; AND
• The defect was reported within the warranty period; AND
• The buyer gave the manufacturer written notice and an opportunity to cure; AND
• The complaint is filed with TxDMV within six months after the earliest of: express-warranty expiration, 24 months, or 24,000 miles from original delivery (Tex. Occ. Code § 2301.606(d)).

If TxDMV finds in the buyer’s favor, the order specifies the remedy: refund (with reasonable use deduction), replacement vehicle, or — in marginal cases — additional repair.

Who’s covered

The Texas Lemon Law covers:

• New motor vehicles — including cars, trucks, motorcycles, motor homes, towable RVs, all-terrain vehicles, and neighborhood electric vehicles — purchased or leased in Texas.
• Demonstrators sold under new-vehicle warranties.
• Used vehicles in narrow circumstances. See our used vehicles article for the framework.

The statute uses the term “consumer” — meaning the individual or business who purchased or leased the vehicle. Lessees have standing equivalent to purchasers.

The six-month filing deadline (§ 2301.606(d))

This is the single most important timing rule under the Texas Lemon Law. Under Tex. Occ. Code § 2301.606(d), a complaint must be filed no later than six months after the earliest of:

• the expiration of the express warranty term, OR
• 24 months from original delivery, OR
• 24,000 miles on the odometer.

In other words, the 24-month / 24,000-mile point (or earlier warranty expiration) is not the filing deadline itself — it starts a six-month tail within which the complaint must be filed. This deadline is jurisdictional, not an ordinary statute of limitations. Once it passes, TxDMV typically can’t act — even if your defect manifested in time and you simply filed late.

If the deadline has passed, your remaining options are:

• Magnuson-Moss Warranty Act claim in federal or state civil court (different limitations period).
• DTPA claim in civil court.
• Breach of warranty under Texas Business and Commerce Code § 2.725 (four-year limitations from delivery).

See our statute of limitations article for the full timing framework.

What “substantially impair” means

Tex. Occ. Code § 2301.601(4) defines “nonconformity” as a defect that “substantially impair[s] the use or market value of the motor vehicle.” The phrase covers:

• Use — the vehicle doesn’t start reliably, doesn’t drive safely, fails to perform basic functions.
• Value — the market value is materially diminished by the defect’s presence or history.

TxDMV doesn’t have a published checklist — what qualifies is fact-specific. See our qualifying defects guide for the categories most often litigated.

What “reasonable number of attempts” means

Section 2301.605 codifies three test scenarios — see our detailed repair-attempt presumption article.

What TxDMV can order

If the consumer prevails, the TxDMV order under § 2301.604 must specify one of:

1. Refund. The manufacturer must refund the purchase price minus a reasonable allowance for use, plus dealer/factory-installed options, collateral charges, and incidental damages.
2. Replacement. A comparable new vehicle, with adjustments for cost differences.
3. Additional repair. TxDMV directs the manufacturer to perform a specific repair (rare; used when the defect appears curable with focused effort).

What TxDMV cannot order

The Texas Lemon Law administratively does not authorize:

• Civil penalty multiplier (no Texas equivalent to California’s § 1794(c) 2x penalty).
• Punitive damages.
• Attorney fees and costs to the consumer (the statute doesn’t shift fees through TxDMV).

For those remedies, the consumer must pursue DTPA or Magnuson-Moss claims in civil court.

TxDMV procedure (overview)

The administrative process under the Texas Lemon Law:

1. Pre-filing: Consumer makes repair attempts at authorized dealer; sends written notice to manufacturer.
2. Complaint filing: Consumer files Form LL-1 with TxDMV ($35 filing fee).
3. Mediation: TxDMV staff mediation; many cases resolve here.
4. Hearing: If unresolved, an Office of Administrative Hearings judge holds an evidentiary hearing.
5. Decision: ALJ issues findings and order, typically within 60 days of hearing.
6. Appeal: Either party may appeal the decision to district court for de novo review.

See our process meso for the step-by-step walkthrough.

How Texas compares to other states

Feature	Texas	California
Enforcement	TxDMV administrative	State-court lawsuit
Eligibility window	24 months / 24,000 miles	All warranty + 4-year SOL
Repair-attempt test	4 / 2 (safety) / 30 days	4 / 2 (safety) / 30 days
Civil penalty in lemon law	None	Up to 2× damages
Attorney fees in lemon law	None directly	Yes (§ 1794(d))
DTPA/treble damages	Yes (separate statute)	No exact equivalent
Cost to consumer	$35 filing fee	$435 filing fee + attorney (typically contingency)

The Texas process is faster and cheaper to access for simple cases, but less generous in damages absent a parallel DTPA action. The strategy of combining TxDMV with DTPA is what experienced Texas lemon-law attorneys typically pursue.

Bottom line

The Texas Lemon Law gives you a fast administrative path to a repurchase or replacement — but the window is tight, the remedies are limited, and meaningful damages (treble, fees) require the DTPA overlay in civil court. Most Texas buyers benefit from professional guidance on which combination of remedies to pursue.

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Texas Repair-Attempt Presumption (§ 2301.605)

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Texas Lemon Law Statute of Limitations

How long you have to file a Texas lemon-law claim — the TxDMV 6-month filing deadline tied to the 24-month / 24,000-mile window, the 2-year DTPA limit, and the 4-year breach-of-warranty rule.

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