The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Alias--The name of a vehicle owner reflected on a certificate of title, when the name on the certificate of title is different from the name of the legal owner of the vehicle. (2) Alias certificate of title--A title document issued by the department for a vehicle that is used by an exempt law enforcement agency in covert criminal investigations. (3) Bond release letter--Written notification from the United States Department of Transportation authorizing United States Customs to release the bond posted for a motor vehicle imported into the United States to ensure compliance with federal motor vehicle safety standards. (4) Certificate of title--A written instrument that may be issued solely by and under the authority of the department and that reflects the transferor, transferee, vehicle description, license plate and lien information, and rights of survivorship agreement as specified in this subchapter or as required by the department. (5) Certificate of title application--A form prescribed by the division director that reflects the information required by the department to create a motor vehicle title record. (6) Date of sale--The date of the transfer of possession of a specific vehicle from a seller to a purchaser. (7) Department--The Texas Department of Motor Vehicles. (8) Distributor--A person engaged in the business of selling to a dealer motor vehicles bought from a manufacturer. (9) Division director--The director of the department's Vehicle Titles and Registration Division. (10) Executive administrator--The director of a federal agency, the director of a Texas state agency, the sheriff of a Texas county, or the chief of police of a Texas city who by law possesses the authority to conduct covert criminal investigations. (11) Exempt agency--A governmental body exempt by law from paying registration fees for motor vehicles. (12) Federal motor vehicle safety standards--Motor vehicle safety requirements promulgated by the United States Department of Transportation, National Highway Traffic Safety Administration, set forth in Title 49, Code of Federal Regulations. (13) First sale--A bargain, sale, transfer, or delivery with intent to pass an interest, other than a lien, and accompanied by registration, of a motor vehicle that has not been previously registered in this state or elsewhere. (14) House moving dolly--An apparatus consisting of metal beams and axles used to move houses. House moving dollies, by nature of their construction and use, actually form large semitrailers. (15) House trailer--A vehicle without automotive power designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, not including manufactured housing. (16) Identification certificate--A form issued by an inspector of an authorized safety inspection station in accordance with Transportation Code, §548.256. (17) Implements of husbandry--Farm implements, machinery, and tools used in tilling the soil, including self-propelled machinery specifically designed or especially adapted for applying plant food materials or agricultural chemicals. This term does not include an implement unless it is designed or adapted for the sole purpose of transporting farm materials or chemicals. This term does not include any passenger car or truck. (18) Lien--A security interest, as defined in Business and Commerce Code, §1.201(b)(35), of whatsoever kind or character whereby an interest, other than an absolute title, is sought to be held or given in a motor vehicle. This term includes a lien created or given by constitution or statute in a motor vehicle. (19) Manufacturer--A person regularly engaged in the business of manufacturing or assembling new motor vehicles, either within this state or elsewhere. (20) Manufacturer's certificate of origin--A form prescribed by the department showing the original transfer of a new motor vehicle from the manufacturer to the original purchaser, whether importer, distributor, dealer, or owner, and when presented with an application for certificate of title, showing, on appropriate forms prescribed by the department, each subsequent transfer between distributor and dealer, dealer and dealer, and dealer and owner. (21) Moped--A motor driven cycle whose attainable speed is not more than 30 miles per hour and that is equipped with a motor that produces not more than two-brake horsepower. If an internal combustion engine is used, the piston displacement may not exceed 50 cubic centimeters and the power drive system may not require the operator to shift gears. (22) Motor vehicle--Any motor driven or propelled vehicle required to be registered under the laws of this state; a trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds; a house trailer; an all-terrain vehicle designed by the manufacturer for off-highway use that is not required to be registered under the laws of this state; or a motorcycle, motor-driven cycle, or moped that is not required to be registered under the laws of this state, other than a motorcycle, motor-driven cycle, or moped designed for and used exclusively on a golf course. (23) Motor vehicle importation form--A declaration form prescribed by the United States Department of Transportation and certified by United States Customs that relates to any motor vehicle being brought into the United States and the motor vehicle's compliance with federal motor vehicle safety standards. (24) New motor vehicle--A motor vehicle that has never been the subject of a first sale either within this state or elsewhere. (25) Non United States standard motor vehicle--A motor vehicle not manufactured in compliance with federal motor vehicle safety standards. (26) Obligor--An individual who is required to make payments under the terms of a support order for a child. (27) Owner--A person, firm, association, or corporation, other than a manufacturer, importer, distributor, or dealer, claiming title to a motor vehicle, or having a right to operate a motor vehicle pursuant to a lien after the motor vehicle has been the subject of a first sale, except the Federal Government and its agencies, and except the State of Texas and a governmental subdivision or agency not required by law to register motor vehicles owned or used in this State. (28) Person--An individual, firm, corporation, company, partnership, or other entity. (29) Safety certification label--A label placed on a motor vehicle by a manufacturer certifying that the motor vehicle complies with all federal motor vehicle safety standards. (30) Semitrailer--A vehicle of the trailer type having a gross weight in excess of four thousand (4,000) pounds so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its load rests on or is carried by another vehicle. (31) Statement of fact--A written declaration that supports an application for a certificate of title, that is executed by the seller of a motor vehicle or another involved party to a transaction involving a motor vehicle, and that clarifies an error made on a certificate of title or other negotiable evidence of ownership. When a written declaration is necessary to correct an odometer disclosure error, the signatures of both the seller and buyer are required. (32) Subsequent sale--The bargain, sale, transfer, or delivery of a motor vehicle that has been previously registered or licensed in this state or elsewhere, with intent to pass an interest in the vehicle, other than a lien, regardless of where the bargain, sale, transfer, or delivery occurs, and the registration of the vehicle if registration is required under the laws of this state. (33) Token trailer fee--A registration fee paid for certain semitrailers, meeting the qualifications delineated in Transportation Code, §502.167, and used in combination with truck tractors or commercial motor vehicles whose registration is based on a combined gross weight. (34) Trailer--Every vehicle having a gross unloaded weight in excess of four thousand (4,000) pounds and designed or used to carry its load wholly on its own structure and to be drawn by a motor vehicle. (35) Used motor vehicle--A motor vehicle that has been the subject of a first sale, whether within this state or elsewhere. (36) Vehicle identification number--A number, assigned by the manufacturer of a motor vehicle or the department, which describes the motor vehicle for purposes of identification. (37) Verifiable proof--Additional documentation required of a vehicle owner, lienholder, or agent executing an application for a certified copy of a certificate of title. (A) Individual applicant. If the applicant is an individual, verifiable proof consists of a copy of a current photo identification issued by this state or by the United States. (B) Business applicant. If the applicant is a business, verifiable proof consists of a letter of signature authority on original letterhead, a business card, or a copy of employee identification and a copy of current photo identification issued by this state or by the United States. (C) Power of attorney. If the applicant is a person in whose favor a power of attorney has been executed by the owner or lienholder, verifiable proof consists of the documentation required under subparagraph (A) or (B) of this paragraph both for the owner or lienholder and for the person in whose favor the power of attorney is executed. |
