| (a) Definitions.
(1) "Motor vehicle" has the meaning assigned by Texas
Transportation Code §501.002(14).
(2) "Motor vehicle title service" means any person
or entity that for compensation directly or indirectly assists other
persons in obtaining title documents by submitting, transmitting,
or sending applications for title documents to the appropriate government
agencies.
(3) "Title documents" means motor vehicle title applications,
motor vehicle registration renewal applications, motor vehicle mechanic's
lien title applications, motor vehicle storage lien title applications,
motor vehicle temporary registration permits, motor vehicle title
application transfers occasioned by the death of the title holder,
or notifications under Chapter 683, Texas Transportation Code or Chapter
70, Texas Property Code.
(4) "Title service license holder" means a person who
holds a motor vehicle title service license or a title service runner's
license. A title service license holder is legally responsible for
each title service runner it employs or contracts.
(5) "Title service record" means the written record
for each transaction in which a motor vehicle title service receives
compensation.
(6) "Title service runner" means any person employed
by a licensed motor vehicle title service license holder to submit
or present title documents to the county tax assessor-collector.
(b) License Required.
(1) A person may not act as a motor vehicle title service
or act as an agent for that business (which includes a title service
runner) in El Paso County unless that person holds a license issued
by the El Paso County Tax Assessor-Collector.
(2) A person commits an offense if the person violates
a provision of Title 7, Subtitle A, Chapter 520, Subchapter C of the
Texas Transportation Code or a rule adopted by the El Paso County
Tax Assessor-Collector under Subchapter E, §§520.051 - 520.063
of the Texas Transportation Code. Such an offense is a Class A misdemeanor.
(3) Any unlicensed individual observed conducting motor
vehicle transactions on behalf of others in El Paso County and who
claims to be doing so without compensation shall complete an affidavit
stating that the individual is not receiving compensation for the
transaction. This affidavit shall be notarized and will be forwarded
to the Enforcement Division of the El Paso County Tax Assessor-Collector.
(c) License Fees.
(1) License fees must be remitted when the application
is submitted and are non-refundable. License fees are payable only
by certified bank check or money order unless the Tax Assessor-Collector
agrees, in writing, to accept cash.
(2) The fee for a motor vehicle title service license
shall be $200 for the initial application and $200 for each annual
renewal.
(3) The fee for a title service runner license shall
be $50 for the initial application and $50 for each annual renewal.
(4) The fee for replacement of a lost title service
license or title runner license shall be $10 for the first occurrence;
$20 for the second occurrence; and $50 for each occurrence thereafter.
(d) General License Application Requirements.
(1) Applications may only be made at the El Paso County
Tax Office, Tax Office Enforcement Division, at the address published
on the El Paso County Tax Assessor-Collector's website at: http://www.epcounty.com/taxoffice/.
(2) Applicants must submit to a criminal background
check in conformance with reasonable policies adopted by the Tax Assessor-Collector.
(3) An applicant for a motor vehicle title service
license must complete all forms required by the El Paso County Tax
Assessor-Collector. The applicant must sign the application form and
pay the license fee.
(4) All applicants must present government issued picture
identification at the time of application. Lack of valid, government
issued picture identification shall disqualify an applicant from being
licensed in El Paso County.
(5) An applicant must be at least 18 years of age on
the date the application is submitted to apply for a license in El
Paso County.
(6) A motor vehicle title service shall assume the
responsibility for the accuracy and validity of all documents presented
to the El Paso County Tax Assessor-Collector under its name.
(7) An application must include:
(A) the applicant's name, business address, and business
telephone number;
(B) the name under which the applicant will do business;
(C) the physical address of each office from which
the applicant will conduct business (a P.O. Box will not be accepted)
and a corresponding photo of each building where business is being
conducted;
(D) the name of all individuals who have an ownership
interest in the applicant motor vehicle title service company;
(E) a statement indicating whether the applicant has
previously applied for a license under this section, the result of
the previous application, and whether the applicant has ever been
the holder of a license under this section that was revoked or suspended;
(F) the applicant's federal tax identification number;
(G) the applicant's state sales tax number; and
(H) if applicable, motor vehicle license information
for each individual who has an ownership interest in the applicant's
motor vehicle title service company.
(8) Title service runners must be identified and sponsored
by a motor vehicle title service company in order to conduct business
on the motor vehicle title service's behalf. The required documents
for any runner must be on file with each service company for which
the runner is an authorized agent. Individuals whose names are not
on file with the Tax Assessor-Collector as a title service runner
acting on behalf of a motor vehicle title service will not be allowed
to conduct business in El Paso County on behalf of that motor vehicle
title service.
(9) Applicants will be notified of the outcome of an
application within 30 days of the application being submitted to the
El Paso County Tax Assessor-Collector. This notification will be mailed
to the business address listed on the application.
(10) All licenses are issued for a one year period
and must be renewed each year thereafter. A renewal application has
the same requirements as a new application.
(11) A license may not be issued under a name that
is fictitious; a name that is similar to or may be confused with the
name of a governmental entity; or a name that is deceptive or misleading
to the public.
(e) Application Requirements: Corporation. In addition
to the information required in subsection (d) of this section concerning
General License Application Requirements, an applicant for a motor
vehicle title service license that intends to engage in business as
a corporation shall submit the following information:
(1) the state of incorporation (if any);
(2) a "doing business as" (DBA) certificate or articles
of incorporation;
(3) the name, address, date of birth, and social security
number of each of the principal owners and directors of the corporation;
(4) information about each officer and director as
requested by the El Paso County Tax Assessor-Collector to establish
the business reputation and character of the applicant; and
(5) a statement indicating whether an employee, officer,
or director has been refused a motor vehicle title service license
or a title service runner's license or has been the holder of a license
that was revoked or suspended in any Texas county.
(f) Application Requirements: Partnership. In addition
to the information required in subsection (d) of this section concerning
General License Application Requirements, a motor vehicle title service
license applicant that intends to engage in business as a partnership
shall submit an application that includes the following information:
(1) the name, address, date of birth, and social security
number of each partner;
(2) information about each partner as requested by
the El Paso County Tax Assessor-Collector to establish the business
reputation and character of the applicant; and
(3) a statement indicating whether a partner or employee
has been refused a motor vehicle title service license or a title
service runner's license or has been the holder of a license that
was revoked or suspended in any Texas county.
(g) Denial, Suspension, or Revocation of License.
(1) Grounds for the denial, suspension, revocation,
or denial of reinstatement of a title service license or title service
runner license in El Paso County include:
Cont'd... |
