| (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;
(ii) the name of a leasing company, then the identification
of the lessee or 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 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
not to exceed 12 months of expiration date.
(E) A person who holds a general distinguishing number
issued under Chapter 503 of the Transportation Code or Chapter 2301,
Occupations Code, is not required to submit the owner's identification
to the county tax assessor-collector, but must retain a copy of the
owner's current photo identification in the purchase and sales records
as required under §215.144 of this title (relating to Record
of Sales and Inventory).
(d) Title issuance.
(1) Issuance. The department or its designated agent
will issue a receipt and process the application for title on receipt
of:
(A) a completed application for 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 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 title. If a 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 certified
copy of title unless the applicant presents a current photo identification
of the owner or lienholder 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 for
each owner must be presented;
(ii) the name of a leasing company, then 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
Cont'd... |
