The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise, or the words or terms conflict with a definition in the
Transportation Code, §501.002 or §501.091, or Occupations
Code, Chapter 2309.
(1) Casual sale--The sale by a salvage vehicle dealer
or an insurance company of not more than five nonrepairable motor
vehicles or salvage motor vehicles to the same person during a calendar
year. The term does not include:
(A) a sale at auction to a salvage vehicle dealer;
(B) the sale of an export-only motor vehicle to a person
who is not a resident of the United States; or
(C) a sale to an insurance company, out-of-state buyer,
or governmental entity.
(2) Commission--The Texas Commission of Licensing and
Regulation.
(3) Component part--A major component part as defined
by Transportation Code, §501.091, or a minor component part.
(4) Department--The Texas Department of Licensing and
Regulation.
(5) Executive director--the executive director of the
department.
(6) Insurance company--
(A) a person authorized to write automobile insurance
in this state; or
(B) an out-of-state insurance company that pays a loss
claim for a motor vehicle in this state.
(7) Major component part--One of the following parts
of a motor vehicle:
(A) the engine;
(B) the transmission;
(C) the frame;
(D) a fender;
(E) the hood;
(F) a door allowing entrance to or egress from the
passenger compartment of the motor vehicle;
(G) a bumper;
(H) a quarter panel;
(I) a deck lid, tailgate, or hatchback;
(J) the cargo box of a vehicle with a gross vehicle
weight of 10,000 pounds or less, including a pickup truck;
(K) the cab of a truck;
(L) the body of a passenger motor vehicle; or
(M) the roof or floor pan of a passenger motor vehicle,
if separate from the body of the motor vehicle.
(8) Metal recycler--A person who:
(A) is engaged in the business of obtaining, converting,
or selling ferrous or nonferrous metal for conversion into raw material
products consisting of prepared grades and having an existing or potential
economic value;
(B) has a facility to convert ferrous or nonferrous
metal into raw material products by method other than the exclusive
use of hand tools, including the processing, sorting, cutting, classifying,
cleaning, baling, wrapping, shredding, shearing, or changing the physical
form or chemical content of the metal; and
(C) sells or purchases the ferrous or nonferrous metal
solely for use as raw material in the production of new products.
(9) Motor vehicle--
(A) any motor driven or propelled vehicle required
to be registered under the laws of this state;
(B) a trailer or semitrailer, other than manufactured
housing, that has a gross vehicle weight that exceeds 4,000 pounds;
(C) a travel trailer;
(D) an all-terrain vehicle or a recreational off-highway
vehicle, as defined by Transportation Code, §502.001, designed
by the manufacturer for off-highway use that is not required to be
registered under the laws of this state; or
(E) a motorcycle, motor-driven cycle, or moped that
is not required to be registered under the laws of this state.
(10) 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
Texas Department of Motor Vehicles under Transportation Code §501.1003;
(D) for which an owner has surrendered evidence of
ownership for the purpose of dismantling, scrapping, or destroying
the motor vehicle; or
(E) that is sold for export only under Transportation
Code §501.099.
(11) Nonrepairable vehicle title--A printed document
issued by the Texas Department of Motor Vehicles that evidences ownership
of a nonrepairable motor vehicle.
(12) Salvage motor vehicle--A motor vehicle that:
(A) has damage to or is missing a major component part
to the extent that the cost of repairs, including parts and labor
other than the cost of materials and labor for repainting the motor
vehicle and excluding sales tax on the total cost of repairs, exceeds
the actual cash value of the motor vehicle immediately before the
damage; or
(B) comes into this state under an out-of-state salvage
motor vehicle title or similar out-of-state ownership document.
(13) Salvage vehicle dealer--A person engaged in this
state in the business of acquiring, selling, repairing, rebuilding,
reconstructing, or otherwise dealing in nonrepairable motor vehicles,
salvage motor vehicles, or, if incidental to a salvage motor vehicle
dealer's primary business, used automotive parts regardless of whether
the person holds a license issued by the department to engage in that
business. The term does not include a person not licensed as a salvage
vehicle dealer who:
(A) casually repairs, rebuilds, or reconstructs not
more than five nonrepairable motor vehicles or salvage motor vehicles
in the same calendar year;
(B) buys not more than five nonrepairable motor vehicles
or salvage motor vehicles in the same calendar year; or
(C) is a licensed used automotive parts recycler if
the sale of repaired, rebuilt, or reconstructed nonrepairable motor
vehicles or salvage motor vehicles is more than an incidental part
of the used automotive parts recycler's business.
(14) Salvage vehicle title--A printed document issued
by the Texas Department of Motor Vehicles that evidences ownership
of a salvage motor vehicle.
(15) Used automotive part--A part that is salvaged,
dismantled, or removed from a motor vehicle for resale as is or as
repaired. The term includes a major component part but does not include
a rebuildable or rebuilt core, including an engine, block, crankshaft,
transmission, or other core part that is acquired, possessed, or transferred
in the ordinary course of business.
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