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TITLE 43TRANSPORTATION
PART 12EL PASO COUNTY TAX ASSESSOR-COLLECTOR
CHAPTER 325REGULATION OF MOTOR VEHICLE TITLE SERVICES
RULE §325.1Motor Vehicle Title Service Licensing

  (2) A person who is otherwise eligible to renew a license may renew an unexpired license by paying to the El Paso County Tax Assessor-Collector before the expiration date of the license the required renewal fee. A person whose license has expired may not engage in activities that require a license until the license has been renewed under this section.

  (3) If a person's license has been expired for 90 days or less, the person may renew the license by paying to the El Paso County Tax Assessor-Collector one and one-half times the required renewal fee.

  (4) If a person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the El Paso County Tax Assessor-Collector two times the required renewal fee.

  (5) If a person's license has been expired for one year or longer, the person may not renew the license. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license.

  (6) Notwithstanding paragraph (5) of this subsection, if a person was licensed in this state, moved to another state, and has been doing business in the other state for the two years preceding application, the person may renew an expired license. The person must pay to the El Paso County Tax Assessor-Collector a fee that is equal to two times the required renewal fee for the license.

  (7) Before the 30th day preceding the date on which a person's license expires, the El Paso County Tax Assessor-Collector shall notify the person of the impending expiration. The notice must be in writing and sent to the person's last known address according to the records of the El Paso County Tax Assessor-Collector. Failure to send notice under this provision does not provide any right or remedy to license holders.

(j) Requirements for Conducting Motor Vehicle License Transactions.

  (1) All vehicle transactions for El Paso County will be processed at an official El Paso County Tax Office, including 500 E. Overland Ave., Suite 101, El Paso, Texas 79901; 4641 Cohen Ave., Suite B, El Paso, Texas 79924; and Ysleta Annex, 9521 Socorro Rd., Suite B-4, El Paso, Texas 79927 or any other location specified by the Tax Assessor-Collector in writing at: http://www.epcounty.com/taxoffice/.

  (2) Title service license holders and title service runners may not conduct business at privately run, contracted offices. A list of these offices is available upon request.

  (3) An El Paso County Tax Assessor-Collector letter of authorization form must accompany all motor vehicle title service transactions. Title service providers may obtain a blank letter of authorization from the El Paso County Tax Assessor-Collector. The motor vehicle title service company is responsible for the accuracy and validity of the information for each vehicle listed. Only vehicles authorized and listed by the licensed motor vehicle title service will be processed.

  (4) Motor vehicle title services and runners may only process the following documents: motor vehicle title applications; motor vehicle registration renewal applications; requests for replacement windshield stickers; and requests for new or replacement vehicle license plates. The El Paso County Tax Assessor-Collector does not currently accept applications for a motor vehicle mechanic's lien title or motor vehicle storage lien title from motor vehicle title services or runners.

  (5) After the final vehicle transaction on each transaction sheet is completed, a copy of the transaction sheet will remain on file at the office of the El Paso County Tax Assessor-Collector.

  (6) A holder of a motor vehicle title service license shall maintain records as required by Texas law for each transaction in which the license holder receives compensation. The records shall include:

    (A) the date of the transaction;

    (B) the name, age, address, sex, driver license number, and a legible photocopy of the driver's license for each customer; and

    (C) the vehicle make, model, year, license plate number, vehicle identification number, and a legible photocopy of proof of financial responsibility for the motor vehicle involved.

  (7) A motor vehicle title service shall keep, for at least two (2) years after the date of the transaction:

    (A) two copies of all records required under this section;

    (B) legible photocopies of any documents submitted by a customer; and

    (C) legible photocopies of any documents submitted to the El Paso County Tax Assessor-Collector.

  (8) A motor vehicle title service license holder or any of its employees shall allow an inspection of the required records by a peace officer on the premises of the motor vehicle title service at any reasonable time to verify, check, or audit the records. Failure to do so, or to maintain required records, may result in discipline under this section.

(k) Exemptions. The following persons and their agents are exempt from the licensing and other requirements described in this section:

  (1) a franchised motor vehicle dealer or independent motor vehicle dealer who holds a general distinguishing number issued by the department under Texas Transportation Code Chapter 503;

  (2) a vehicle lessor holding a license issued by the Motor Vehicle Board under Chapter 2301, Texas Occupations Code, or a trust or other entity that is specifically not required to obtain a lessor license under §2301.254(a), Texas Occupations Code; and

  (3) a vehicle lease facilitator holding a license issued by the Motor Vehicle Board under Chapter 2301, Texas Occupations Code.

(l) The Tax Assessor-Collector may require title service license holders and title service runners to attend an annual training to orient such licensees to this section, Texas law, and the Tax Assessor-Collector's policies under this section. Failure to attend the training may result in discipline under this section.

(m) The Tax Assessor-Collector may authorize other policies and procedures that are not inconsistent with this section or other law and to the extent authorized by law.


Source Note: The provisions of this §325.1 adopted to be effective September 23, 2013, 38 TexReg 6231

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