| (a) A person must hold a salvage vehicle dealer license,
or an independent motor vehicle dealer's general distinguishing number
issued under Chapter 503; Transportation Code to:
(1) act as a salvage vehicle dealer or rebuilder; or
(2) store or display a motor vehicle as an agent or
escrow agent of an insurance company.
(b) A person may not engage in the business of buying,
selling or exchanging motor vehicles that can be titled to operate
on public highways, including selling a salvage motor vehicle that
has been rebuilt, repaired or reconstructed, unless the person holds
a general distinguishing number issued by the department under Transportation
Code, Chapter 503.
(c) The provisions of this subchapter do not apply
to:
(1) a person who purchases no more than five (5) nonrepairable
or salvage motor vehicles at casual sale in a calendar year from:
(A) a salvage vehicle dealer; or
(B) an insurance company;
(2) a metal recycler, unless a motor vehicle is sold,
transferred, released, or delivered to the metal recycler for the
purpose of reuse or resale as a motor vehicle, or as a source of used
parts, and is used for that purpose;
(3) a person who casually repairs, rebuilds, or reconstructs
no more than five (5) salvage motor vehicles in the same calendar
year;
(4) a person who is a non-United States resident who
purchases nonrepairable or salvage motor vehicles for export only;
(5) an agency of the United States, an agency of this
state, or a local government;
(6) a financial institution or other secured party
that holds a security interest in a motor vehicle and is selling that
motor vehicle in the manner provided by law for the forced sale of
a motor vehicle;
(7) a receiver, trustee, administrator, executor, guardian,
or other person appointed by or acting pursuant to the order of a
court;
(8) a person selling an antique passenger car or truck
that is at least 25 years old or a collector selling a special interest
motor vehicle as defined in Transportation Code, §683.077, if
the special interest vehicle is at least 12 years old; and
(9) a licensed auctioneer who, as a bid caller, sells
or offers to sell property to the highest bidder at a bona fide auction
under the following conditions:
(A) neither legal nor equitable title passes to the
auctioneer;
(B) the auction is not held for the purpose of avoiding
a provision of Occupations Code, Chapter 2302, or this subchapter;
and
(C) the auction is conducted of motor vehicles owned,
legally or equitably, by a person who holds a salvage vehicle dealer's
license and the auction is conducted at their licensed location or
at a location approved by the department.
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