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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 217VEHICLE TITLES AND REGISTRATION
SUBCHAPTER AMOTOR VEHICLE TITLES
RULE §217.4Initial Application for Title

(a) Time for application. A person must apply for the title not later than the 30th day after the date of assignment, except:

  (1) in a seller-financed sale, the title must be applied for not later than the 45th day after the date the motor vehicle is delivered to the purchaser;

  (2) a member of the armed forces or a member of a reserve component of the United States, a member of the Texas National Guard or of the National Guard of another state serving on active duty, must apply not later than the 60th day after the date of assignment of ownership; or

  (3) as otherwise provided by Transportation Code, Chapter 501.

(b) Place of application. Except as otherwise provided by Transportation Code, Chapters 501 and 502, and by §217.84(a) of this title (relating to Application for Nonrepairable or Salvage Vehicle Title), when motor vehicle ownership is transferred, a title application must be filed with:

  (1) the county tax assessor-collector in the county in which the applicant resides or in the county in which the motor vehicle was purchased or encumbered, as selected by the applicant; or

  (2) the county tax assessor-collector of a county who is willing to accept the application if the county tax assessor-collector's office of the county in which the owner resides is closed for more than one week or if the department is notified that the county tax assessor-collector's office may be closed for more than one week.

(c) Information to be included on application. An applicant for an initial title must file an application on a form prescribed by the department. The form will at a minimum require the:

  (1) motor vehicle description including, but not limited to, the motor vehicle:

    (A) year;

    (B) make;

    (C) identification number;

    (D) body style; and

    (E) empty weight;

  (2) license plate number, if the motor vehicle is subject to registration under Transportation Code, Chapter 502;

  (3) odometer reading and brand, or the word "exempt" if the motor vehicle is exempt from federal and state odometer disclosure requirements;

  (4) previous owner's legal name and complete mailing address, if available;

  (5) legal name as stated on the identification presented and complete address of the applicant;

  (6) name and mailing address of any lienholder and the date of lien, if applicable;

  (7) signature of the seller of the motor vehicle or the seller's authorized agent and the date the title application was signed; and

  (8) signature of the applicant or the applicant's authorized agent and the date the title application was signed.

(d) Accompanying documentation. The title application must be supported by, at a minimum, the following documents:

  (1) evidence of vehicle ownership, as described in §217.5 of this title (relating to Evidence of Motor Vehicle Ownership);

  (2) an odometer disclosure statement properly executed by the seller of the motor vehicle and acknowledged by the purchaser, if applicable;

  (3) proof of financial responsibility in the applicant's name, as required by Transportation Code, §502.046, unless otherwise exempted by law;

  (4) an identification certificate if required by Transportation Code, Chapter 548, and Transportation Code, §501.030, and if the vehicle is being titled and registered, or registered only;

  (5) a release of any liens, provided that if any liens are not released, they will be carried forward on the new title application with the following limitations:

    (A) A lien recorded on out-of-state evidence as described in §217.5 cannot be carried forward to a Texas title when there is a transfer of ownership, unless a release of lien or authorization from the lienholder is attached; and

    (B) A lien recorded on out-of-state evidence as described in §217.5 is not required to be released when there is no transfer of ownership from an out-of-state title and the same lienholder is being recorded on the Texas application as is recorded on the out-of-state title; and

  (6) any documents required by §217.9 of this title (relating to Bonded Titles).


Source Note: The provisions of this §217.4 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective August 8, 2016, 41 TexReg 5766; amended to be effective November 14, 2017, 42 TexReg 6382

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