(a) Purpose. Pursuant to the Code of Criminal Procedure,
Article 42.22, the victim or an attorney for the state may file a
lien on any interest in a motor vehicle of a person convicted of a
criminal offense to secure payment of restitution or fines or costs.
This section establishes the procedures to perfect the filing and
the removal of the lien on any interest of the defendant in a motor
vehicle whether then owned or after-acquired.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Department--The Texas Department of Motor Vehicles.
(2) Restitution lien--A lien placed against a defendant's
motor vehicle in order to recoup a judgment or fines or costs.
(3) State--The State of Texas and all its political
subdivisions.
(4) Victim--A close relative of a deceased victim,
guardian of a victim, or victim, as those terms are defined by the
Code of Criminal Procedure, Article 56.01.
(c) Persons who may file a restitution lien. The following
persons may file a restitution lien:
(1) a victim of a criminal offense to secure the amount
of restitution to which the victim is entitled under the order of
a court in a criminal case; and
(2) an attorney of the state to secure the amount of
fines or costs entered against a defendant in a judgment in a felony
criminal case.
(d) Perfection of a restitution lien. A restitution
lien against any interest in a motor vehicle must be perfected in
accordance with Transportation Code, Chapter 501, and in the name
of the court which established the restitution lien, in care of the
court clerk. The victim or the attorney representing the state must
file an application for certificate of title with a county tax-assessor
collector to perfect the restitution lien. The application must be
on a form prescribed by the department as described in §217.4
of this title (relating to Initial Application for Title), and shall
be supported by, at a minimum, the following documents:
(1) evidence of motor vehicle ownership, as described
in §217.5 of this title (relating to Evidence of Motor Vehicle
Ownership), which is properly assigned to or issued in the name of
the defendant;
(2) an original or certified copy of the court order
or judgment establishing the restitution lien and requiring the defendant
to pay restitution, fines, or costs; and
(3) an affidavit to perfect a restitution lien which
must include, at a minimum:
(A) the name and birth date of the defendant whose
interest in the motor vehicle is subject to the lien;
(B) the residence or principal place of business of
the person named in the lien, if known;
(C) the criminal proceeding giving rise to the lien,
including the name of the court, the name of the case, and the court's
file number for the case;
(D) the name and address of the attorney representing
the state and the name and address of the person entitled to restitution;
(E) a statement that the notice is being filed pursuant
to Code of Criminal Procedure, Article 42.22;
(F) the amount of restitution, fines, and costs the
defendant has been ordered to pay by the court;
(G) a statement that the amount of restitution owed
at any one time may be less than the original balance and that the
outstanding balance is reflected in the records of the clerk of the
court hearing the criminal proceeding giving rise to the lien;
(H) the vehicle description (year, make, and vehicle
identification number) of the motor vehicle for which the restitution
lien is to be perfected; and
(I) the signature of the attorney representing the
state or a magistrate.
(e) Fees. The applicant will be required to pay a $5
restitution lien filing fee, in addition to a title application fee
in accordance with Transportation Code, §501.138, and any other
applicable fees required by Transportation Code, Chapters 501, 502,
and 520.
(f) Recording a restitution lien. Upon receiving a
completed application for certificate of title, the required supporting
documents and any applicable fees, the department or its designated
agent will process and issue a certificate of title recording the
restitution lien. The original certificate of title shall be mailed
to the first lienholder, in accordance with Transportation Code, §501.027.
(g) Release of perfected restitution liens. The clerk
of the court recorded as the lienholder will receive payments from
the defendant and maintain a record of the outstanding balance of
restitution, fines, or costs owed by the defendant. Upon satisfaction
of the lien, the clerk of the court shall execute the release of lien
as described in §217.106 of this title (relating to Discharge
of Lien). The release of lien must be provided to the owner or owner's
designee. A photocopy of the release of lien shall be forwarded to
the department for filing.
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