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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 TITLES
RULE §217.3Motor Vehicle Titles
Repealed Date:03/12/2015

      (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.

(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.

  (1) Who may file. 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 request issuance of a title from the department on a prescribed form if the vehicle is in the possession of the applicant; and

    (A) there is a record that indicates a lien that is less than ten years old and the surety bonding company ensures lien satisfaction or release of lien;

    (B) there is a record that indicates there is not a lien or the lien is ten or more years old; or

    (C) the department has no previous record.

  (2) Administrative fee. The applicant must pay the department a $15 administrative fee in addition to any other required fees.

  (3) 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.

    (A) 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.

    (B) The appraisal must be dated and be submitted to the department within 30 days of the appraisal.

    (C) If the motor vehicle is 25 years or older, the appraised value of the vehicle cannot be less than $4,000.

  (4) Out-of-state vehicle inspection. 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 or a law enforcement officer who holds an auto theft certification.

  (5) Place of application. An applicant may apply for a bonded title if the applicant submits:

    (A) a pencil tracing or photo of the vehicle identification number, or if unable, then a Statement of Physical Inspection, Form VTR-270;

    (B) any evidence of ownership;

    (C) the original bond within 30 days of issuance;

    (D) the rejection letter within one year of issuance and the receipt for $15 paid to the department;

    (E) the documentation determining the value of the vehicle;

    (F) an Out-of-State Vehicle Identification Certificate, Form VI-30 from the Texas Department of Public Safety, if there is no Texas record;

    (G) a weight certificate if there is no title or the vehicle is an out of state commercial vehicle;

    (H) a certification of lien satisfaction by the surety bonding company or a release of lien if the rejection letter states that there may be a lien less than ten years old; and

    (I) any other required documentation and fees.

  (6) Report of Judgment. The bond must require that the surety report payment of any judgment to the department within 30 days.

(h) Appeal to the county of refusal to issue, or revocation or suspension of title.

  (1) If the department refuses to issue a title, revokes a title, or suspends a title, the applicant may apply to the county for a tax-assessor collector hearing.

  (2) The county tax assessor-collector must hold a hearing upon receipt of:

    (A) a copy of the department's refusal, revocation, or suspension documents; and

    (B) an applicant's request for a hearing.

  (3) A person wishing to appeal the county tax assessor-collector ruling may appeal to a court with jurisdiction.

(i) Rescission, cancellation or revocation by affidavit.

  (1) The department may rescind, cancel, or revoke an application for a title if a notarized or county stamped 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.

(j) 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:

      (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.

(k) 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 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; amended to be effective April 6, 2014, 39 TexReg 2325

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