| (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 months 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.
(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 accordance with Transportation
Code, §501.052 and §501.053.
(4) Certified copy designation. A certified copy of
an existing title will be marked "Certified Copy" until ownership
of the vehicle is transferred, when the words "Certified Copy" will
be eliminated from the new title.
(5) Fees. The fee for obtaining a certified copy of
a 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, §501.147. 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.
(2) Title issuance. A title will not be issued in the
name of a transferee until the transferee files an application for
the title as described in this section.
(g) Bonded titles and County Tax Assessor-Collector
Hearings.
(1) Application for bonded title. A person who has
an interest in a motor vehicle to which the department has refused
to issue a title or has suspended or revoked a title may file a bond
with the department on a department form.
(A) Value. The amount of the bond must be equal to
one and one-half times the value of the vehicle as determined using
the Standard Presumptive Value (SPV) from the department's Internet
website. If the SPV is not available, then a national reference guide
will be used. If the value cannot be determined by either source,
then the person may obtain an appraisal.
(i) The appraisal must be on a department form from
a Texas licensed motor vehicle dealer for the categories of motor
vehicles that the dealer is licensed to sell or a Texas licensed insurance
adjuster who may appraise any type of motor vehicle.
(ii) The appraisal must be dated and be submitted to
the county tax assessor-collector within 30 days of the purchase or
assignment.
(iii) If the motor vehicle is 25 years or older, an
appraisal less than $4,000 will not be accepted.
(B) Administrative Fee. The applicant must pay the
department a $15 administrative fee in addition to any other required
fees.
(C) Out-of-state vehicles. If the applicant is a Texas
resident, but the evidence indicates that the vehicle is an out-of-state
vehicle, the vehicle identification number must be verified by a Texas
licensed Safety Inspection Station, a law enforcement officer, or
a department Regional Service Center on a form prescribed by the department.
(D) Issuance. On the filing of the bond, the department
may issue a title.
(2) Appeal of refusal to Issue, or Revocation or Suspension
of Title.
(A) The county tax assessor-collector must hold a hearing
upon the application by an interested person aggrieved by a refusal
to issue title, or a revocation or suspension of title.
(B) A person wishing to appeal the county tax assessor-collector
hearing may appeal to a court with jurisdiction.
(h) Rescission, cancellation or revocation by affidavit.
(1) The department may rescind, cancel, or revoke an
application for a title if a notarized affidavit is completed and
presented to the department within 21 days of initial sale containing:
(A) a statement that the vehicle involved was a new
motor vehicle in the process of a first sale;
(B) a statement that the dealer, the applicant, and
any lienholder have canceled the sale;
(C) a statement that the vehicle was:
(i) never in possession of the title applicant; or
(ii) in the possession of the title applicant;
(D) the signatures of the dealer, the applicant, and
any lienholder as principal to the document; and
(E) an odometer disclosure statement executed by the
purchaser of the motor vehicle and acknowledged by the dealer if a
statement is made pursuant to subparagraph (C)(ii) of this paragraph
to be used for the purpose of determining usage subsequent to sale.
(2) A rescission, cancellation, or revocation containing
the statement authorized under paragraph (1)(C)(ii) of this subsection
does not negate the fact that the vehicle has been subject to a previous
retail sale.
(i) Discharge of lien. A lienholder shall provide the
owner, or the owner's designee, a discharge of the lien after receipt
of the final payment within the time limits specified in Transportation
Code, Chapter 501. The lienholder shall submit one of the following
documents:
(1) the title including an authorized signature in
the space reserved for release of lien;
(2) a release of lien form prescribed by the department,
with the form filled out to include the:
(A) title or document number, or a description of the
motor vehicle including, but not limited to, the motor vehicle's:
(i) year;
(ii) make;
(iii) vehicle identification number; and
(iv) license plate number, if the motor vehicle is
subject to registration under Transportation Code, Chapter 502;
(B) printed name of lienholder;
(C) signature of lienholder or an authorized agent;
(D) printed name of the authorized agent if the agent's
signature is shown;
(E) telephone number of lienholder; and
(F) date signed by the lienholder;
(3) signed and dated correspondence submitted on company
letterhead that includes:
(A) a statement that the lien has been paid;
(B) a description of the vehicle as indicated in paragraph
(2)(A) of this subsection;
(C) a title or document number; or
(D) lien information;
(4) any out-of-state prescribed release of lien form,
including an executed release on a lien entry form;
(5) out-of-state evidence with the word "Paid" or "Lien
Satisfied" stamped or written in longhand on the face, followed by
the name of the lienholder, countersigned or initialed by an agent,
and dated; or
(6) original security agreements or copies of the original
security agreements if the originals or copies are stamped "Paid"
or "Lien Satisfied" with a company paid stamp or if they contain a
statement in longhand that the lien has been paid followed by the
company's name.
(j) Fees. The department and the county will charge
required fees, and only those fees provided by statute or by rule.
(1) Mechanic lien fees. The $25 fee provided by Property
Code, §70.006 may be charged once per vehicle.
(2) There is no charge for issuance of title receipt
or the duplicate of title receipt at the time of application.
|
| Source Note: The provisions of this §217.3 adopted to be effective March 4, 2010, 35 TexReg 1761; amended to be effective May 6, 2012, 37 TexReg 3185; amended to be effective September 2, 2012, 37 TexReg 6687; amended to be effective April 14, 2013, 38 TexReg 2231 |
