SERVICE CHARGE. September 1, 2013. 12), Sec. (21) "Record of title" means an electronic record of motor vehicle ownership in the department's motor vehicle database that is created under Subchapter I. 783 (S.B. Acts 2011, 82nd Leg., R.S., Ch. 47, eff. January 1, 2012. Acts 2021, 87th Leg., R.S., Ch. 2076), Sec. 9, eff. Renumbered from Transportation Code Sec. September 1, 2013. Acts 1995, 74th Leg., ch. 1, eff. 1423, Sec. (d) The department by rule shall establish a list of identification documents that are valid under Subsection (c) and provide a copy of the list to each holder of a salvage vehicle dealer license and to each appropriate governmental entity. (c) At the hearing, the applicant and the department may submit evidence. 501.029. January 1, 2012. Send your comments and recommendations to the following e-mail address: VTR_Title_Reg-Manual-Update@txdmv.gov In the e-mail subject line, state the document name (i.e. Sec. This written notification to the owner must be in bold letters, underlined, or otherwise conspicuous and may be in a separate document or included as part of a form to be used for the owner's statement or in another document relating to the potential transfer. 17.02, eff. (18) "Self-insured motor vehicle" means a motor vehicle for which the owner or a governmental entity assumes full financial responsibility for motor vehicle loss claims without regard to the number of motor vehicles they own or operate. Acts 2011, 82nd Leg., R.S., Ch. 24, eff. The department may issue a title to a government agency if a vehicle or part of a vehicle is: (2) delivered by court order under the Code of Criminal Procedure to a government agency for official purposes; or. Sept. 1, 1997. 2076), Sec. September 1, 2011. 501.095. 813 (H.B. (a) When a debt or claim secured by a lien has been satisfied, the lienholder shall, within a reasonable time not to exceed the maximum time allowed by Section 348.408 or 353.405(b), Finance Code, as applicable, execute and deliver to the owner, or the owner's designee, a discharge of the lien in a manner prescribed by the department. Sec. 501.172. 1095), Sec. September 1, 2013. Sept. 1, 2001. 30.43(a), eff. The amount of the fee must not exceed the charges incurred by the state because of the use of the electronic funds transfer, credit card, or debit card. Out-of-State Identification Certificate. Acts 2017, 85th Leg., R.S., Ch. 1350), Sec. The agent shall transmit the owner's statement it receives to the transferee after the title transfer is completed. 1135 (H.B. 969 (S.B. September 1, 2013. (b) The department, an agent, officer, or employee of the department, or another person enforcing this subchapter is not liable to a person damaged or injured by an act or omission relating to the issuance or revocation of a title, nonrepairable vehicle title, nonrepairable record of title, salvage vehicle title, or salvage record of title under this subchapter. 542 (S.B. (b) The owner of a salvage or nonrepairable motor vehicle may not transfer ownership of the motor vehicle by sale or otherwise unless the department has issued a salvage vehicle title, salvage record of title, nonrepairable vehicle title, or nonrepairable record of title for the motor vehicle or a comparable ownership document has been issued by another state or jurisdiction for the motor vehicle in the name of the owner. ELECTRONIC FUNDS TRANSFER. A person who wants to sell new motor vehicles must acquire a franchised dealer license from the Motor Vehicle Division in addition to the GDN. January 1, 2012. January 1, 2012. Acts 2005, 79th Leg., Ch. Sec. Sept. 1, 1995. (E) a motorcycle or moped that is not required to be registered under the laws of this state. Acts 2011, 82nd Leg., R.S., Ch. (c) Before the 31st day after receiving notice under Subsection (b-1), a salvage pool operator shall notify the owner of the motor vehicle and any lienholder that: (1) the owner or lienholder must remove the motor vehicle from the salvage pool operator's possession at the location specified in the notice to the owner and any lienholder not later than the 30th day after the date the notice is mailed; and. 1325, Sec. (b) If a lien is disclosed on a title, the department may issue a certified copy of the title only to the first lienholder or the lienholder's verified agent unless the owner has original proof from the lienholder of lien satisfaction. 2741), Sec. 1296, Sec. Step 1: Obtain the car title from the seller. 43, eff. The fee shall be distributed to the appropriate county assessor-collector in the manner provided by Section 501.138. (5) any other document required by the department or necessary to the transfer of ownership of a motor vehicle. Acts 1995, 74th Leg., ch. (d) The department shall waive the payment of fees for: (1) a title issued to a purchaser described by this section, if the purchaser can show that fees for a title were paid to the dealer; and. (f) The issuance of a title under Subsection (e) is recordation of the assignment. On the day an assessor-collector receives the application, the assessor-collector shall notify the department of the date of the hearing. 1423, 4, eff. 2357), Sec. 501.052. (a) If this chapter requires that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is met by an electronic document that complies with this subchapter. (a) A peace officer may seize a vehicle or part of a vehicle without a warrant if the officer has probable cause to believe that the vehicle or part: (2) has had the serial number removed, altered, or obliterated. (4) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. ISSUANCE OF TITLE. (10) "Importer" means a person, other than a manufacturer, that brings a used motor vehicle into this state for sale in this state. 1296 (H.B. September 1, 2009. September 1, 2013. (d) If a limited power of attorney is used under Subsection (a), the holder of the contract shall accompany the power of attorney with a written statement that the vehicle was returned at the election of the owner in full or partial satisfaction of the owner's obligations under the contract and not as the result of the exercise by the holder of the contract of its remedies for default. A person, whether acting for that person or another, who sells, trades, or otherwise transfers a used motor vehicle shall deliver to the purchaser at the time of delivery of the vehicle a properly assigned title or other evidence of title as required under this chapter. January 1, 2012. 969 (S.B. (10) "Nonrepairable vehicle title" means a printed document issued by the department that evidences ownership of a nonrepairable motor vehicle. 501.161. (4) "Export-only motor vehicle" means a motor vehicle described by Section 501.099. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 20, eff. 165, Sec. Renumbered from Transportation Code, Sec. 57, eff. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2021. (c) A person commits an offense if the person knowingly fails or refuses to surrender a regular certificate of title after the person: (1) receives a notice from an insurance company that the motor vehicle is a nonrepairable or salvage motor vehicle; or. ISSUANCE OF TITLE TO GOVERNMENT AGENCY. 501.1001. 67, Sec. 4, eff. 501.173. (3) the person provides a release of all liens with bond. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. Accounts, Tax Assistance Section, at 1-800-252-1382 toll free nationwide, or call 512-463-4600. . Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997. 501.175. 972 (S.B. Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 165, Sec. 1135 (H.B. (25) "Steal" has the meaning assigned by Section 31.01, Penal Code. 1296 (H.B. 30.43(a), eff. 501.09112. (5) "Department" means the Texas Department of Motor Vehicles. Added by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. (b) In this section, "former military vehicle" has the meaning assigned by Section 502.001. 1296 (H.B. September 1, 2009. September 1, 2013. Acts 1995, 74th Leg., ch. 52, eff. 1296 (H.B. (a) The owner of a motor vehicle registered in this state: (1) except as provided by Section 501.029, shall apply for title to the vehicle; and. (b) A person commits an offense if the person: (1) accepts a document described by Subsection (a) that does not contain all of the required information; or. Acts 2009, 81st Leg., R.S., Ch. (a) A title may be refused, canceled, suspended, or revoked by the department if: (1) the application contains a false or fraudulent statement; (2) the applicant failed to furnish required information requested by the department; (3) the applicant is not entitled to a title; (4) the department has reason to believe that the motor vehicle is stolen; (5) the department has reason to believe that the issuance of a title would defraud the owner or a lienholder of the motor vehicle; (6) the registration for the motor vehicle is suspended or revoked; or. Acts 2009, 81st Leg., R.S., Ch. (b) A county or district court judge may not order the department to change the type of title for: (1) a nonrepairable vehicle titled after September 1, 2003; or. 2202), Sec. APPLICATION OF SUBCHAPTER. (b) A nonrepairable vehicle title must clearly indicate that the motor vehicle: (C) repaired, rebuilt, or reconstructed; and. Acts 2013, 83rd Leg., R.S., Ch. Sec. 1044 (H.B. (c) This subchapter applies to a transaction with a metal recycler in which a motor vehicle: (1) is sold or delivered to the metal recycler for the purpose of reuse or resale as a motor vehicle or as a source of used parts; and. (2) remark if a rights of survivorship agreement is on file with the department. (a) If the application for the transfer of title is not filed during the period provided by Section 501.145, the late fee is to be paid to the county assessor-collector when the application is filed. 2076), Sec. 1290 (H.B. 21, eff. 1296 (H.B. Chapters 1-9, Business & Commerce Code, control over a conflicting provision of this chapter. (e) This section does not impose or establish civil or criminal liability on the owner of a motor vehicle who transfers ownership of the vehicle but does not disclose the transfer to the department. September 1, 2017. 10, eff. 1, eff. (b) The owner may submit the discharge and title to the department for a new title. Renumbered from Transportation Code, Sec. (1-a) "Certificate of title" means a printed record of title issued under Section 501.021. January 1, 2012. RECORDATION OF SECURITY INTEREST. 2202), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 11(1), eff. 501.072. 2741), Sec. 1325, Sec. Sec. 501.100. 1325, Sec. (7) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sec. Acts 2021, 87th Leg., R.S., Ch. 1290 (H.B. 2741), Sec. 2357), Sec. 2357), Sec. (a) If a printed title is lost or destroyed, the owner or lienholder disclosed on the title may obtain, in the manner provided by this section and department rule, a certified copy of the lost or destroyed title directly from the department by applying in a manner prescribed by the department and paying a fee of $2. (a) In this section, "salvage pool operator" has the meaning assigned by Section 2302.001, Occupations Code. January 1, 2012. Sec. September 1, 2013. 1232 (S.B. FILING BY PURCHASER; APPLICATION FOR TRANSFER OF TITLE. 3, eff. The department may provide the form only to a person described by Subsection (c). Will vest in and belong to the surviving spouse. 2741), Sec. 55, eff. January 1, 2012. 1, eff. 165, Sec. September 1, 2017. Box 13550. EXECUTION OF TRANSFER DOCUMENTS; PENALTY. Sec. (b-1) Except as provided by Subsection (b-4), fees collected under Subsection (b) to be sent to the comptroller shall be deposited to the credit of the Texas emissions reduction plan fund. 2357), Sec. Acts 2011, 82nd Leg., R.S., Ch. (d) This subsection applies only to a motor vehicle in this state that is a self-insured motor vehicle and that is damaged to the extent it becomes a nonrepairable or salvage motor vehicle. 1296 (H.B. Added by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. Use professional pre-built templates to fill in and sign documents online faster. Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 2357), Sec. 17.02, eff. 501.030. 165, Sec. Section 32705. Sec. January 1, 2012. (h) If the applicant is the agent of the owner or lienholder of the vehicle and is applying on behalf of the owner or lienholder, the applicant must submit verifiable proof that the person is the agent of the owner or lienholder. (g) A transferor who files the appropriate form with the department as provided by, and in accordance with, this section, whether that form is a part of a title or a form otherwise promulgated by the department to comply with the terms of this section, has no vicarious civil or criminal liability arising out of the use, operation, or abandonment of the vehicle by another person. 1, eff. 1296 (H.B. (f) A person may not obtain a title under this section for a salvage motor vehicle or a nonrepairable motor vehicle, as defined by Section 501.091. 501.0920 and amended by Acts 2003, 78th Leg., ch. 1296 (H.B. 1296 (H.B. Sept. 1, 1997. 501.116. 165, Sec. September 1, 2019. 2741), Sec. (c) An inspection under this section may be performed only by a person who has successfully completed an appropriate training program as determined by department rule and is: (1) an auto theft investigator who is a law enforcement officer of this state or a political subdivision of this state; (2) a person working under the direct supervision of a person described by Subdivision (1); (3) an employee of the department authorized by the department to perform an inspection under this section; or. 969 (S.B. September 1, 2013. 1421, Sec. 10, eff. For a nonrepairable motor vehicle, the insurance company shall apply for a nonrepairable vehicle title or nonrepairable record of title. The fee for application for the receipt is the fee applicable to application for a title. 501.138. September 1, 2017. 1296 (H.B. Acts 1995, 74th Leg., ch. (e) A system used for submitting electronic signatures to the department must verify the identity of the person electronically signing a document and submit the document through the electronic titling system. Welcome to the Texas Department of Transportation FTP Server 501.073. 56, eff. 1287 (H.B. September 1, 2017. 501.157. Section 580.8(b), as it may from time to time be amended. 501.071. 55, eff. 14, eff. 2357), Sec. 247(3), eff. If there are multiple owners of the same vehicle, the request and notification may be sent to one or more of them and it shall be sufficient for one owner to sign the statement. SHORT TITLE. 2357), Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. 4, eff. (b) When application for a title is made, the transferee shall record the odometer reading on the application. (d) A title receipt with registration or permit authorizes the operation of the motor vehicle on a public highway in this state until the title is issued. Added by Acts 1999, 76th Leg., ch. . (2) may only be used as a source for used parts or scrap metal. 586 (H.B. (d) A determination of the assessor-collector is binding on the applicant and the department as to whether the department correctly refused to issue or correctly rescinded, canceled, revoked, or suspended the title. (d) The department shall place a hold on processing a title application for a motor vehicle if the department receives a request for a hold accompanied by evidence of a legal action regarding ownership of or a lien interest in the motor vehicle. (b) It is not a violation of this section for the beneficial owner of a vehicle to sell or offer to sell a vehicle without having possession of the title to the vehicle if the sole reason he or she does not have possession of the title is that the title is in the possession of a lienholder who has not complied with the terms of Section 501.115(a). 2357), Sec. (d) The assigned identification number shall be die-stamped or otherwise affixed in the manner and location designated by the department. 51, eff. (2) may not operate, register, or permit the operation of the motor vehicle on a public highway, in addition to any other requirement of law. (9) "House trailer" means a trailer designed for human habitation. (b) A person may not operate a motor vehicle registered in this state on a public highway if the person knows or has reason to believe that the owner has not applied for a title for the vehicle. 2357), Sec. 8, eff. (9) "Nonrepairable motor vehicle" means a motor vehicle: (A) that is damaged, wrecked, or burned to the extent that the only residual value of the vehicle is as a source of parts or scrap metal; (B) that comes into this state under a comparable ownership document that indicates that the vehicle is nonrepairable; (C) that a salvage vehicle dealer has reported to the department under Section 501.1003; (D) for which an owner has surrendered evidence of ownership for the purpose of dismantling, scrapping, or destroying the motor vehicle; or. PERFECTION OF SECURITY INTEREST. DUTY OF VEHICLE DEALER ON SALE OF CERTAIN VEHICLES. (A) a motor vehicle that has been the subject of a first sale; or. 1, eff. 1135 (H.B. SHORT TITLE. 26(1), eff. (b) This section does not apply to a motor vehicle: (1) that has been declared a total loss by an insurance company in the settlement or adjustment of a claim; (2) for which the title has been surrendered in exchange for: (A) a salvage vehicle title or salvage record of title issued under this chapter; (B) a nonrepairable vehicle title or nonrepairable vehicle record of title issued under this chapter or Subchapter D, Chapter 683; or. 485 (H.B. 3842), Sec. Acts 2021, 87th Leg., R.S., Ch. (e) An applicant aggrieved by the determination under Subsection (d) may appeal only to the county or district court of the county of the applicant's residence. (8) "Motor vehicle" has the meaning assigned by Section 501.002. 1, eff. Sec. Sept. 1, 1995. The certificate of title must also include the word "replica.". Sec. 54, eff. 969 (S.B. 1755), Sec. (2) certifies there are no liens on the vehicle or provides a release of each lien on the vehicle. 30.40(a), eff. 501.108. 56, eff. 2, eff. (b) A printed certificate of title must bear the following statement on its face: "UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS A VIOLATION OF STATE LAW TO SIGN THE NAME OF ANOTHER PERSON ON A CERTIFICATE OF TITLE OR OTHERWISE GIVE FALSE INFORMATION ON A CERTIFICATE OF TITLE.". TITLE FOR AUTOCYCLE. September 1, 2009. Sept. 1, 1995. 1296 (H.B. 19, eff. An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $500 for a first offense and, at the jury's discretion, not less than $100 or more than $1,000 for a subsequent offense. Acts 2009, 81st Leg., R.S., Ch. 1296 (H.B. January 1, 2012. 39, eff. 53, eff. 6, eff. (c) A rescission, cancellation, or revocation containing the statement authorized under Subsection (b)(3)(B) does not negate the fact that the vehicle has been the subject of a previous retail sale. 13, eff. Amended by Acts 1997, 75th Leg., ch. (C) the sale of an export-only motor vehicle to a person who is not a resident of the United States. (13) "Public highway" has the meaning assigned by Section 502.001. 50, eff. Acts 2011, 82nd Leg., R.S., Ch. Sec. 592 (S.B. Acts 2013, 83rd Leg., R.S., Ch. (c) The department must plainly mark "certified copy" on the face of a certified copy issued under this section. 1, eff. (C) an ownership document issued by another state that is comparable to a document described by Paragraph (A) or (B); (3) with a gross weight in excess of 11,000 pounds; or. 1296 (H.B. (4) an employee of the National Insurance Crime Bureau authorized by the department to perform an inspection under this section. 8, eff. 501.179. 501.0341. (a) This section applies only to a person who is the purchaser of a motor vehicle for which the dealer: (1) is required to apply for a title for the vehicle under Section 501.0234; and. Sec. 1, eff. Sec. 9, eff. 2741), Sec. 2741), Sec. 969 (S.B. CERTIFICATE OF TITLE REQUIREMENTS. (a) This section applies to a nonrepairable motor vehicle or a salvage motor vehicle that is offered for sale in this state to a person who resides in a jurisdiction outside the United States. Acts 2011, 82nd Leg., R.S., Ch. 2741), Sec. 2357), Sec. 165, Sec. Acts 2019, 86th Leg., R.S., Ch. (3) "Damage" means sudden damage to a motor vehicle caused by the motor vehicle being wrecked, burned, flooded, or stripped of major component parts. Check out how easy it is to complete and eSign documents online using fillable templates and a powerful editor. 1296 (H.B. (c) An offense under this section is a felony of the third degree. SALE OR SECURITY INTEREST NOT CREATED BY CERTAIN VEHICLE LEASES. 1095), Sec. (a) As an alternative to the procedure provided by Section 501.052, the person may obtain a title by filing a bond with the department if the vehicle is in the possession of the applicant and: (1) there is no security interest on the vehicle; (2) any lien on the vehicle is at least 10 years old; or. 2357), Sec. Acts 2017, 85th Leg., R.S., Ch. SALVAGE MOTOR VEHICLES OR NONREPAIRABLE MOTOR VEHICLES FOR INSURANCE COMPANIES OR SELF-INSURED PERSONS. Sec. IDENTIFICATION NUMBER INSPECTION. (11) "Out-of-state buyer" means a person licensed in an automotive business by another state or jurisdiction if the department has listed the holders of such a license as permitted purchasers of salvage motor vehicles or nonrepairable motor vehicles based on substantially similar licensing requirements and on whether salvage vehicle dealers licensed in Texas are permitted to purchase salvage motor vehicles or nonrepairable motor vehicles in the other state or jurisdiction. 1296 (H.B. 501.025. January 1, 2012. Sec. 6, eff. The assessor-collector may not issue a title receipt unless the applicant delivers to the assessor-collector satisfactory evidence showing that the applicant is the owner of the vehicle and that the vehicle is free of any undisclosed liens. September 1, 2017. Added by Acts 1997, 75th Leg., ch. 690), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. (e) The department by rule shall establish a reasonable schedule for compliance with the requirements of Subsection (a) for each category of lienholder that the department requires to participate in the system. (a) If a salvage vehicle dealer acquires ownership of a nonrepairable motor vehicle or salvage motor vehicle for the purpose of dismantling, scrapping, or destroying the motor vehicle, the dealer shall, before the 31st day after the date the dealer acquires the motor vehicle, submit to the department a report stating that the motor vehicle will be dismantled, scrapped, or destroyed. 3097), Sec. Acts 2013, 83rd Leg., R.S., Ch. A Certificate of Authority is a "parts only" vehicle and cannot be reregistered. (d) In addition to the fee described by Subsection (b), the applicant shall pay a $65 rebuilder fee. Acts 2013, 83rd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (A) a lien provided for by the constitution or statute in a motor vehicle; (B) a security interest, as defined by Section 1.201, Business & Commerce Code, in a motor vehicle, other than an absolute title, created by any written security agreement, as defined by Section 9.102, Business & Commerce Code, including a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, or reservation of title; or. The statement may consist of a form in which the agent or transferee or person receiving the vehicle includes the identification of the vehicle and owner and which allows the owner to fill in the odometer reading and mark an applicable box to indicate which of condition (i), (ii), or (iii) is applicable and to date and sign the statement.
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