| (a) All companies and individuals wishing to conduct
title service business in Travis County as governed by Chapter 520
of the Transportation Code under subchapter E (the "Act") must be
licensed by the County Tax Assessor-Collector. Runners for a full
service deputy that has been approved by the Tax Assessor Collector
and the Commissioners Court pursuant to Chapter 217 of the Texas Administrative
Code are subject to these rules.
(b) "Title service business" means processing 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 of the Texas
Transportation Code or Chapter 70 of the Texas Property Code.
(c) Individuals and companies wishing to complete an
application to register as a motor vehicle title service company,
or as a runner, must apply at the Travis County Tax Assessor-Collector's
Administration location, currently located at 5425 Airport Blvd. Austin,
Texas, using the forms provided by the County Tax Assessor-Collector.
All applicants must present a valid government-issued photo identification
card at the time they apply. Lack of such government-issued identification
disqualifies an applicant from being licensed. The minimum age at
which a person may apply for a license is 18.
(d) Who Must Apply for a License. There are two categories
of licenses that are required to do title service business: the Motor
Vehicle Title Service License and the Title Service Runner License.
(1) An organization that falls into the category of
"motor vehicle title service" company must be licensed by the County
Tax Assessor-Collector. "Motor vehicle title service" means any person
who, 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;
and
(2) A "motor vehicle title service runner" is an employee
or licensed agent of a licensed motor vehicle title service company
or a runner for a full service deputy. The motor vehicle title service
runner has the authority to present motor vehicle title documents
to the County Tax Assessor-Collector's office for processing. Runners
must be authorized by a motor vehicle title service company or full
service deputy and licensed by the County Tax Assessor-Collector.
Runners may represent more than one motor vehicle title service company.
(e) General Application Requirements. All individual
applicants must provide a current finger-print based criminal history
record check from the Texas Department of Public Safety. All applicants
must meet the requirements set forth in the Act and any rules and
regulations promulgated by the Texas Department of Motor Vehicles.
(1) Additional Requirements for Motor Vehicle Title
Service License.
(A) Applicants shall also provide a "doing business
as" (DBA) certificate, or articles of incorporation; and any additional
information requested by the County Tax Assessor-Collector's Office
to establish the business reputation and character of the applicant.
Applicants must provide a physical address. No license will be issued
to a company or individual whose address is a Post Office Box.
(B) The operator of a motor vehicle title service company
will provide the company name, as well as the names of all officers,
directors, partners, and individuals who have an ownership interest
in that company. The motor vehicle title service company shall assume
the responsibility for the accuracy and validity of all documents
presented to the County Tax Assessor-Collector under its name.
(C) All persons with an ownership interest in a motor
vehicle title service company are subject to the requirements of the
Act and must be individually licensed under its terms and conditions.
(D) A licensed motor vehicle title service company
or full service deputy must authorize all individuals who will submit
paperwork on its behalf. Individuals whose names are not on file as
agents of a title service company or full service deputy will not
be allowed to conduct any title service business on behalf of that
company or deputy.
(2) Additional Requirements for Title Service Runner
License.
(A) Runners must be identified and sponsored by a motor
vehicle title service company, or a full service deputy, in order
to conduct business on its behalf. Only full service deputies or persons
that have been granted a motor vehicle title service license can authorize
a runner. The required documents for any runner who is authorized
as an agent of a title company must be on file with each service company
for which the runner is an authorized agent.
(B) Runners must fulfill all requirements set forth
in the Act and any rules and regulation promulgated by the Texas Department
of Motor Vehicles, as well as any additional requirements of the County
Tax Assessor-Collector's Office to establish the business reputation
and character of the applicant.
(C) Any unlicensed individual observed conducting frequent
motor vehicle title transactions on behalf of others, and who claims
not to be receiving any compensation for such activities, shall be
required to complete an affidavit stating that he or she is not receiving
compensation for conducting motor vehicle title transactions. The
affidavit shall be notarized and forwarded to the appropriate enforcement
agencies by a deputy of the County Tax Assessor-Collector.
(D) Licenses for runners of a full service deputy are
only valid so long as the full service deputy is authorized to operate
as a deputy in Travis County.
(3) Process for License Approval, Renewal and Reinstatement.
(A) Applicants for a license shall complete and submit
the form(s) approved by the Tax Assessor Collector for the particular
license and shall submit the necessary form(s), including all required
documentation, to the designated person or location. All information
shall be complete and accurate. Knowingly submitting false information
in connection with an application may subject the applicant to criminal
liability, in addition to suspension or revocation of the applicant's
license.
(B) Applications will be reviewed for compliance and
appropriateness for a license by the Tax Assessor Collector's designee
("Designee").
(C) After submission of a fully completed application,
applicants will be contacted by mail, email or phone, typically within
ten (10) working days of the recommendation of the Designee regarding
the approval, renewal or reinstatement of a license. If all of the
required information was not included or if the information was otherwise
insufficient to make a determination, the Designee may recommend denial
of the license or request additional information at his/her discretion.
(D) Once an application has been recommended for approval
by the Designee, it still must receive final approval by the Tax Assessor
Collector to be valid. If approved, the applicant will receive notice
and will be instructed to report to the office of the County Tax Assessor-Collector
to pick up a Letter of Authorization ("License"). If the application
is not approved, the applicant will receive a Notice of Intent to
deny the application and may begin the Appeal Process. See Subsection
(g) of this section below.
(f) The Review Board.
(1) The County Tax-Assessor-Collector shall appoint
a three-member Review Board to review any appeal of a Notice of Intent
to deny, suspend, revoke or reinstate a license. The Review Board
shall consist of a deputy or employee from the County Tax Assessor-Collector's
office who deals with motor vehicle registration; a member selected
from law enforcement, and a community representative who may, but
is not required to be active in the motor title service industry.
Appointments will last two years and replacements will be selected
on a staggered basis.
(2) The Review Board shall meet as needed at a time
and place determined by the County Tax Assessor-Collector.
(3) A quorum of two members of the Review Board must
be present to render a decision. No proxy votes will be allowed.
(4) The County Tax Assessor-Collector shall appoint
a member of the Review Board to chair meetings of the Review Board.
(5) A majority vote of members present at a meeting
of the Review Board shall determine the outcome of matters under consideration.
(6) All decisions of the Review Board shall be subject
to final review by the County Tax Assessor-Collector.
(7) If a member is absent for three consecutive meetings,
the County Tax Assessor-Collector may, in his or her discretion, remove
the member and appoint a new member to serve the remainder of the
term.
(8) If a member resigns, the County Tax Assessor-Collector
shall appoint a new member to serve the remainder of the term.
(g) The Appeal Process.
Cont'd... |
