(a) With a non-repairable or salvage motor vehicle
title. The ownership of a motor vehicle for which a non-repairable
vehicle title, non-repairable record of title, salvage vehicle title,
salvage record of title, or a comparable out-of-state ownership document
has been issued, including a motor vehicle that has a "Flood Damage"
notation on the title, may be sold, transferred, or released to anyone.
(b) Without a non-repairable or salvage motor vehicle
title. If a non-repairable vehicle title, non-repairable record of
title, salvage vehicle title, salvage record of title, or a comparable
out-of-state ownership document has not been issued for a non-repairable
or salvage motor vehicle, only a salvage vehicle dealer, used automotive
parts recycler, metal recycler, insurance company, or governmental
entity may sell, transfer, or otherwise release ownership of the motor
vehicle. Such person may only sell, transfer, or otherwise release
ownership of a motor vehicle to which this subsection applies to:
(1) a salvage vehicle dealer;
(2) a used automotive parts recycler;
(3) a metal recycler;
(4) a governmental entity; or
(5) an insurance company.
(c) Sale of self-insured non-repairable or salvage
motor vehicle. The owner of a self-insured non-repairable or salvage
motor vehicle that has been damaged and removed from normal operation
shall obtain a non-repairable or salvage vehicle title before selling
or otherwise transferring ownership of the motor vehicle.
(d) Casual sales. A salvage vehicle dealer, salvage
pool operator, or insurance company may sell up to five non-repairable
or salvage motor vehicles, for which non-repairable or salvage vehicle
titles have been issued, to a person in a casual sale during a calendar
year.
(e) Records of casual sales.
(1) A salvage vehicle dealer, salvage pool operator,
or insurance company must maintain records of each casual sale made
during the previous 36 months, in accordance with Transportation Code, §501.108,
that at a minimum contain:
(A) the date of sale;
(B) the sales price;
(C) the name and address of the purchaser;
(D) a legible photocopy of the purchaser's government-issued
photo identification;
(E) the form of identification provided, the identification
document number, and the name of the jurisdiction that issued the
identification document;
(F) the description of the motor vehicle, including
the vehicle identification number, model year, make, body style, and
model;
(G) a photocopy of the front and back of the properly
assigned ownership document provided to the purchaser; and
(H) the purchaser's certification, on a form provided
by the department, that the purchase of motor vehicles in a casual
sale is not intended to circumvent the provisions of Transportation
Code, Chapter 501 (relating to Certificates of Title) and Occupations
Code, Chapter 2302 (relating to Salvage Vehicle Dealers).
(2) Records may be maintained on a form provided by
the department or in an electronic format.
(3) Records must be maintained on the business premises
of the seller, and shall be made available for inspection upon request.
(f) Export-only sales.
(1) In accordance with Transportation Code, §501.099,
only a licensed salvage vehicle dealer, including a salvage pool operator
acting as agent for an insurance company, or governmental entity may
sell a non-repairable or salvage motor vehicle to a person who resides
outside the United States, and only:
(A) when a non-repairable or salvage vehicle title
has been issued for the motor vehicle prior to offering it for export-only
sale; and
(B) prior to the sale, the seller obtains a legible
photocopy of a government-issued photo identification of the purchaser
that can be verified by law enforcement, issued by the jurisdiction
in which the purchaser resides that may consist of:
(i) a passport;
(ii) a driver's license;
(iii) consular identity document;
(iv) national identification certificate or identity
document; or
(v) other government-issued identification that includes
the name of the jurisdiction issuing the document, the purchaser's
full name, foreign address, date of birth, photograph, and signature.
(2) The seller must obtain the purchaser's certification,
on a form prescribed by the department, that the purchaser will remove
the motor vehicle from the United States and will not return the motor
vehicle to any state of the United States as a motor vehicle titled
or registered under its manufacturer's vehicle identification number.
(3) The seller must provide the buyer with a properly
assigned non-repairable or salvage vehicle title.
(4) The seller must stamp FOR EXPORT ONLY and the seller's
salvage vehicle dealer license number or the governmental entity's
name, whichever applies, on the face of the title and on any unused
reassignments on the back of the title.
(g) Records of export-only sales.
(1) A salvage vehicle dealer or governmental entity
that sells a non-repairable or salvage motor vehicle for export-only
must maintain records of all export-only sales.
(2) Records of each sale must include:
(A) a legible copy of the stamped and properly assigned
non-repairable or salvage vehicle title;
(B) the buyer's certified statement required by subsection
(f)(2) of this section;
(C) a legible copy of the buyer's photo identification
document;
(D) a legible copy of any other documents related to
the sale of the motor vehicle; and
(E) a listing of each motor vehicle sold for export-only
that states the:
(i) date of sale;
(ii) name and address of the seller;
(iii) name and address of the purchaser;
(iv) purchaser's identification document number;
(v) name of the country that issued the identification
document;
(vi) the form of identification provided by the purchaser;
and
(vii) description of the motor vehicle that includes
the year, make, model, and vehicle identification number of the motor
vehicle.
(3) The listing required by paragraph (2)(E) of this
subsection must be maintained either on a form provided by the department
or in an electronic format approved by the department.
(4) The salvage vehicle dealer or governmental entity
shall submit the listing prescribed by paragraph (2)(E) of this subsection
to the department within 30 days from the date of sale.
(5) Upon receipt of the listing prescribed by paragraph
(2)(E) of this subsection, the department will place an appropriate
notation on the motor vehicle record to identify it as a motor vehicle
sold for export-only that may not be operated, retitled, or registered
in this state.
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