| (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
Cont'd... |
