I think you can have it owned by a different company but with the same leadership as the parent. Isn't this how liability shields work? Lots of different LLCs with the same people at the helm?
It is easy enough to define franchise as having different control than the parent. This is fairly standard. In fact, the bill has some language about franchises not being acquired, owned, or controlled by a manufacturer or any entity in which the manufacturer has a 45% ownership interest.