| (C) proof of financial responsibility in the applicant's
name, as required by Transportation Code, §502.046, unless otherwise
exempted by law;
(D) an identification certificate if required by Transportation
Code, §548.256, and Transportation Code, §501.030, and if
the vehicle is being titled and registered, or registered only; and
(E) 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.
(i) A lien recorded on out-of-state evidence as described
in subsection (c) of this section 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.
(ii) A lien recorded on out-of-state evidence as described
in subsection (c) of this section 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.
(c) Evidence of motor vehicle ownership. Evidence of
motor vehicle ownership properly assigned to the applicant must accompany
the title application. Evidence must include, but is not limited to,
the following documents.
(1) New motor vehicles. A manufacturer's certificate
of origin assigned by the manufacturer or the manufacturer's representative
or distributor to the original purchaser is required for a new motor
vehicle that is sold or offered for sale.
(A) The manufacturer's certificate of origin must be
in the form prescribed by the department and must contain, at a minimum,
the following information:
(i) motor vehicle description including, but not limited
to, the motor vehicle's year, make, model, identification number,
body style and empty weight;
(ii) the manufacturer's rated carrying capacity when
the manufacturer's certificate of origin is invoiced to a licensed
Texas motor vehicle dealer and is issued for commercial motor vehicles
as that term is defined in Transportation Code, Chapter 502;
(iii) a statement identifying a motor vehicle designed
by the manufacturer for off-highway use only; and
(iv) if the vehicle is a "neighborhood electric vehicle",
a statement that the vehicle meets Federal Motor Vehicle Safety Standard
500 (49 C.F.R. §571.500) for low-speed vehicles.
(B) When a motor vehicle manufactured in another country
is sold directly to a person other than a manufacturer's representative
or distributor, the manufacturer's certificate of origin must be assigned
to the purchaser by the seller.
(2) Used motor vehicles. A title issued by the department,
a title issued by another state if the motor vehicle was last registered
and titled in another state, or other evidence of ownership must be
relinquished in support of the title application for any used motor
vehicle. A letter of Title and Registration verification is required
from a vehicle owner coming from a state that no longer titles vehicles
after a certain period of time.
(3) Motor vehicles brought into the United States.
An application for title for a motor vehicle last registered or titled
in a foreign country must be supported by documents including, but
not limited to, the following:
(A) the motor vehicle registration certificate or other
verification issued by a foreign country reflecting the name of the
applicant as the motor vehicle owner, or reflecting that legal evidence
of ownership has been legally assigned to the applicant;
(B) verification of the vehicle identification number
of the vehicle, on a form prescribed by the department, executed by
a member of:
(i) the National Insurance Crime Bureau;
(ii) the Federal Bureau of Investigation; or
(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 stationery.
(4) Alterations to documentation. An alteration to
a registration receipt, 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.
(6) Identification required through August 31, 2013.
(A) An application for title is not acceptable unless
the applicant presents a government-issued current photo identification
of the owner containing a unique identification number, expiration
date, and birth date. The identification document may also be a document
listed in paragraph (7)(A) of this subsection.
(B) The requirements of paragraph (7)(B) - (E) apply
to this paragraph.
(7) Identification required on or after September 1,
2013.
(A) An application for title is not acceptable unless
the applicant presents a current photo identification of the owner
containing a unique identification number and expiration date. 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 the identification of
one owner must be presented;
Cont'd... |
