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Historical Rule for the Texas Administrative Code

TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 217VEHICLE TITLES AND REGISTRATION
SUBCHAPTER AMOTOR VEHICLE CERTIFICATES OF TITLE
RULE §217.3Motor Vehicle Certificates of Title

      (iii) a law enforcement auto theft unit; and

    (C) for motor vehicles that are less than 25 years old, proof of compliance with United States Department of Transportation (USDOT) regulations, including, but not limited to, the following documents:

      (i) the original bond release letter with all attachments advising that the motor vehicle meets federal motor vehicle safety requirements or a letter issued by the USDOT, National Highway Traffic Safety Administration, verifying the issuance of the original bond release letter;

      (ii) a legible copy of the motor vehicle importation form validated with an original United States Customs stamp, date, and signature as filed with the USDOT confirming the exemption from the bond release letter required in clause (i) of this subparagraph, or a copy thereof certified by United States Customs;

      (iii) a verification of motor vehicle inspection by United States Customs certified on its letterhead and signed by its agent verifying that the motor vehicle complies with USDOT regulations;

      (iv) a written confirmation that a physical inspection of the safety certification label has been made by the department and that the motor vehicle meets United States motor vehicle safety standards;

      (v) the original bond release letter, verification thereof, or written confirmation from the previous state verifying that a bond release letter issued by the USDOT was relinquished to that jurisdiction, if the non United States standard motor vehicle was last titled or registered in another state for one year or less; or

      (vi) verification from the vehicle manufacturer on its letterhead stationary.

  (4) Alterations to documentation. An alteration to a registration receipt, certificate of title, manufacturer's certificate, or other evidence of ownership constitutes a valid reason for the rejection of any transaction to which altered evidence is attached.

    (A) Altered lien information on any surrendered evidence of ownership requires a release from the original lienholder or a statement from the proper authority of the state in which the lien originated. The statement must verify the correct lien information.

    (B) A strikeover that leaves any doubt about the legibility of any digit in any document will not be accepted.

    (C) A corrected manufacturer's certificate of origin will be required if the manufacturer's certificate of origin contains an:

      (i) incomplete or altered vehicle identification number;

      (ii) alteration or strikeover of the vehicle's model year;

      (iii) alteration or strikeover to the body style, or omitted body style on the manufacturer's certificate of origin; or

      (iv) alteration or strikeover to the manufacturer's rated carrying capacity.

    (D) A Statement of Fact may be requested to explain errors, corrections, or conditions from which doubt does or could arise concerning the legality of any instrument. A Statement of Fact will be required in all cases:

      (i) in which the date of sale on an assignment has been erased or altered in any manner; or

      (ii) of alteration or erasure on a Dealer's Reassignment of Title.

  (5) Rights of survivorship. A signed "rights of survivorship" agreement may be executed by a natural person acting in an individual capacity in accordance with Transportation Code, §501.031.

(d) Certificate of title issuance.

  (1) Issuance. The department or its designated agent will issue a receipt and process the application for certificate of title on receipt of:

    (A) a completed application for certificate of title;

    (B) accompanying documentation required by subsections (b)(4) and (c) of this section;

    (C) the statutory fee for a title application, unless exempt under:

      (i) Transportation Code, §501.138; or

      (ii) Government Code, §431.039 and copies of official military orders are presented as evidence of the applicant's active duty status and deployment orders to a hostile fire zone; and

    (D) any other applicable fees.

  (2) Titles. The department will issue and mail or deliver a certificate of title to the applicant or, in the event that there is a lien disclosed in the application, to the first lienholder.

  (3) Receipt. The receipt issued at the time of application for title may be used only as evidence of title and may not be used to transfer any interest or ownership in a motor vehicle or to establish a new lien.

(e) Replacement of certificate of title. If a certificate of title is lost or destroyed, the department will issue a certified copy of the title to the owner, the lienholder, or a verified agent of the owner or lienholder in accordance with Transportation Code, Chapter 501, on proper application and payment of the appropriate fee to the department.

  (1) Identification required.

    (A) An owner or lienholder may not apply for a title unless the applicant presents a current photo identification of the owner or lienholder containing a unique identification number. The identification document must be a:

      (i) driver's license or state identification certificate issued by a state or territory of the United States;

      (ii) United States or foreign passport;

      (iii) United States military identification card;

      (iv) North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement; or

      (v) United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document.

    (B) If the motor vehicle is titled in:

      (i) more than one name, then identification for each owner must be presented;

      (ii) the name of a leasing company, the identification of the lessor's employee along with a business card or authorization written on the lessor's letterhead matching the identification of the employee must be presented;

      (iii) the name of a trust, then the identification of a trustee must be presented; or

      (iv) the name of a business, government entity, or organization, then a business card or authorization written on letterhead must be presented matching the identification of the applicant.

    (C) If a power of attorney is being used to apply for a certified copy of title, then the applicant must show:

      (i) identification matching the person or employee of the entity named as power of attorney;

      (ii) a business card or authorization written on the letterhead of an entity named as power of attorney that matches the identification of the employee; and

      (iii) identification of the owner or lienholder.

    (D) Within this subsection, "current" is defined as within six month of expiration date.

  (2) Issuance. An application for a certified copy must be properly executed and supported by appropriate verifiable proof for the vehicle owner, lienholder, or agent regardless of whether the application is submitted in person or by mail.

    (A) If the applicant requests that a certified copy be issued before the fourth business day following application, the application must be made in person.

    (B) An applicant other than the vehicle owner, lienholder, or verified agent must apply for a certified copy of a certificate of title by mail.

  (3) Denial. If issuance of a certified copy is denied, the applicant may resubmit the request with the required verifiable proof or may pursue the privileges available in subsection (g)(2)(A) and (B) of this section.

  (4) Certified copy designation. A certified copy of an existing certificate of title will be marked "Certified Copy" until ownership of the vehicle is transferred, when the words "Certified Copy" will be eliminated from the new certificate of title.

  (5) Fees. The fee for obtaining a certified copy of a certificate of title is $2 if the application is submitted to the department by mail and $5.45 if the application is submitted in person for expedited processing at one of the department's regional offices.

(f) Department notification of second hand vehicle transfers. A transferor of a motor vehicle may voluntarily make written notification to the department of the sale of the vehicle, in accordance with Transportation Code, §520.023. The written notification may be submitted to the department by mail, in person at one of the department's regional offices, or electronically through the department's Internet website.

  (1) Records. On receipt of written notice of transfer from the transferor of a motor vehicle, the department will mark its records to indicate the date of transfer and will maintain a record of the information provided on the written notice of transfer.

Cont'd...

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