| (II) the employee or authorized agent must present
a government issued photo identification, required under subparagraph
(A) of this paragraph; and
(III) the employee's or authorized agent's employee
identification; letter of authorization written on the business',
government entity's, or organization's letterhead; or a printed business
card. The printed business card, employee identification, or letter
of authorization written on the business', government entity's, or
organization's letterhead must contain the name of the business, governmental
entity, or organization, and the employee's or authorized agent's
name must match the name on the government issued photo identification.
(C) In addition to the requirements of subparagraphs
(A) and (B) of this paragraph, if a power of attorney is being used
to apply for a title, then the applicant must show:
(i) identification, required under subparagraph (A)
of this paragraph, matching the person named as power of attorney;
or
(ii) identification, required under subparagraph (A)
of this paragraph, and employee identification or a printed business
card or authorization written on the letterhead of the entity named
as power of attorney that matches the identification of the employee
if the power of attorney names an entity.
(D) Within this subsection, "current" is defined as
not to exceed 12 months after the expiration date, except that a state-issued
personal identification certificate issued to a qualifying person
is considered current if the identification states that it has no
expiration.
(E) Within this subsection, an identification document
such as a printed business card, letter of authorization, or power
of attorney, may be an original or a photocopy.
(F) A person who holds a general distinguishing number
issued under Transportation Code, Chapter 503 or Occupations Code,
Chapter 2301 is exempt from submitting to the county tax assessor-collector,
but must retain:
(i) the owner's identification, as required under subparagraph
(A) of this paragraph; and
(ii) authorization to sign, as required under subparagraph
(B) of this paragraph.
(G) A person who holds a general distinguishing number
issued under Transportation Code, Chapter 503 or Occupations Code,
Chapter 2301, is not required to submit photo identification or authorization
for an employee or agent signing a title assignment with a secure
power of attorney.
(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) required accompanying documentation;
(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 unless the title is an
electronic record of title.
(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 lessor's
employee or authorized agent who signed the application for the leasing
company must present:
(I) a government issued photo identification, required
under subparagraph (A) of this paragraph; and
(II) employee identification, letter of authorization
written on the lessor's letterhead, or a printed business card. The
printed business card, employee identification, or letter of authorization
written on the lessor's letterhead must contain the name of the lessor,
and the employee's or authorized agent's name must match the name
on the government issued photo identification;
(iii) the name of a trust, then a government issued
photo identification, required under subparagraph (A) of this paragraph,
of a trustee must be presented; or
(iv) the name of a business, government entity, or
organization, then:
(I) the employee or authorized agent must present a
government issued photo identification, required under subparagraph
(A) of this paragraph; and
(II) the employee's or authorized agent's employee
identification; letter of authorization written on the business',
government entity's, or organization's letterhead; or a printed business
card. The printed business card, employee identification, or letter
of authorization written on the business', government entity's, or
organization's letterhead must contain the name of the business, governmental
entity, or organization, and the employee's or authorized agent's
name must match the name on the government issued photo identification.
(C) In addition to the requirements of subparagraphs
(A) and (B) of this paragraph, if a power of attorney is being used
to apply for a certified copy of title, then the applicant must show:
(i) identification, required under subparagraph (A)
of this paragraph, matching the person named as power of attorney;
(ii) identification, required under subparagraph (A)
of this paragraph, and employee identification or a printed business
card or authorization written on the letterhead of the entity named
as power of attorney that matches the identification of the employee
if the power of attorney names an entity; or
(iii) identification, required under subparagraph (A)
of this paragraph, of the owner or lienholder.
(D) Within this subsection, "current" is defined as
within 12 months after the expiration date, except that a state-issued
personal identification certificate issued to a qualifying person
is considered current if the identification states that it has no
expiration.
(E) Within this subsection, an identification document,
such as a printed business card, letter of authorization, or power
of attorney, may be an original or a photocopy.
(2) Issuance. An application for a certified copy must
be properly executed and supported by appropriate verifiable proof
of the vehicle owner, lienholder, or agent regardless of whether the
application is submitted in person or by mail. A certified copy will
not be issued until after the 14th day that the original title was
issued.
(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) Additional copies. An additional certified copy
will not be issued until 30 days after issuance of the previous certified
copy.
(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.
Cont'd... |
