| (B) if a county has been declared a disaster area,
the resident may apply at the closest unaffected county if the affected
county tax assessor-collector estimates the county offices will be
inoperable for a protracted period; or
(C) if the county tax assessor-collector office in
the county in which the owner resides is closed for more than one
week, the resident may apply to the county tax assessor-collector
in a county that borders the closed county if the adjacent county
agrees to accept the application.
(3) Information to be included on application. An applicant
for an initial title must file an application on a form prescribed
by the department. The form will at a minimum require the:
(A) motor vehicle description including, but not limited
to, the motor vehicle:
(i) year;
(ii) make;
(iii) identification number;
(iv) body style; and
(v) empty weight;
(B) license plate number, if the motor vehicle is subject
to registration under Transportation Code, Chapter 502;
(C) odometer reading and brand, or the word "exempt"
if the motor vehicle is exempt from federal and state odometer disclosure
requirements;
(D) previous owner's legal name and complete mailing
address, if available;
(E) legal name as stated on the identification presented
and complete address of the applicant;
(F) name and mailing address of any lienholder and
the date of lien, if applicable;
(G) signature of the seller of the motor vehicle or
the seller's authorized agent and the date the title application was
signed; and
(H) signature of the applicant or the applicant's authorized
agent and the date the title application was signed.
(4) Vehicle identification number. If no vehicle identification
number is die-stamped by the manufacturer on a motor vehicle, house
trailer, trailer, semitrailer, frame, or item of equipment required
to be titled, or if the vehicle identification number assigned and
die-stamped by the manufacturer has been lost, removed, or obliterated,
the department will on proper application, presentation of evidence
of ownership, and presentation of evidence of a law enforcement physical
inspection, assign a vehicle identification number to the motor vehicle,
trailer, frame, or equipment. The manufacturer's vehicle identification
number or the assigned vehicle identification number will be used
by the department as the major identification of the motor vehicle
or trailer in the issuance of a title.
(5) Accompanying documentation. The title application
must be supported by, at a minimum, the following documents:
(A) evidence of vehicle ownership, as described in
subsection (c) of this section;
(B) an odometer disclosure statement properly executed
by the seller of the motor vehicle and acknowledged by the purchaser,
if applicable;
(C) proof of financial responsibility in the applicant's
name, as required by Transportation Code, §502.046, unless otherwise
exempted by law;
(D) an identification certificate if required by Transportation
Code, §548.256, and Transportation Code, §501.030, and if
the vehicle is being titled and registered, or registered only;
(E) a release of any liens, provided that if any liens
are not released, they will be carried forward on the new title application
with the following limitations:
(i) A lien recorded on out-of-state evidence as described
in subsection (c) of this section cannot be carried forward to a Texas
title when there is a transfer of ownership, unless a release of lien
or authorization from the lienholder is attached; and
(ii) A lien recorded on out-of-state evidence as described
in subsection (c) of this section is not required to be released when
there is no transfer of ownership from an out-of-state title and the
same lienholder is being recorded on the Texas application as is recorded
on the out-of-state title; and
(F) any documents required by subsection (g) of this
section relating to bonded titles.
(c) Evidence of motor vehicle ownership. Evidence of
motor vehicle ownership properly assigned to the applicant must accompany
the title application. Evidence must include, but is not limited to,
the following documents.
(1) New motor vehicles. A manufacturer's certificate
of origin assigned by the manufacturer or the manufacturer's representative
or distributor to the original purchaser is required for a new motor
vehicle that is sold or offered for sale.
(A) The manufacturer's certificate of origin must be
in the form prescribed by the department and must contain, at a minimum,
the following information:
(i) motor vehicle description including, but not limited
to, the motor vehicle year, make, identification number, and body
style;
(ii) the empty or shipping weight;
(iii) the gross vehicle weight when the manufacturer's
certificate of origin is invoiced to a licensed Texas motor vehicle
dealer and is issued for commercial motor vehicles as that term is
defined in Transportation Code, Chapter 502;
(iv) a statement identifying a motor vehicle designed
by the manufacturer for off-highway use only; and
(v) if the vehicle is a "neighborhood electric vehicle",
a statement that the vehicle meets Federal Motor Vehicle Safety Standard
500 (49 C.F.R. §571.500) for low-speed vehicles.
(B) When a motor vehicle manufactured in another country
is sold directly to a person other than a manufacturer's representative
or distributor, the manufacturer's certificate of origin must be assigned
to the purchaser by the seller.
(2) Used motor vehicles. A title issued by the department,
a title issued by another state if the motor vehicle was last registered
and titled in another state, or other evidence of ownership must be
relinquished in support of the title application for any used motor
vehicle. A letter of Title and Registration verification is required
from a vehicle owner coming from a state that no longer titles vehicles
after a certain period of time.
(3) Motor vehicles brought into the United States.
An application for title for a motor vehicle last registered or titled
in a foreign country must be supported by documents including, but
not limited to, the following:
(A) the motor vehicle registration certificate or other
verification issued by a foreign country reflecting the name of the
applicant as the motor vehicle owner, or reflecting that legal evidence
of ownership has been legally assigned to the applicant;
(B) unless the applicant is an active duty member of
the U.S. Armed Forces or is from the immediate family of such a member
returning to Texas with proof of the active duty status of the family
member, verification of the vehicle identification number of the vehicle,
on a form prescribed by the department, executed by a member of:
(i) the National Insurance Crime Bureau;
(ii) the Federal Bureau of Investigation; or
(iii) a law enforcement auto theft unit; and
(C) for motor vehicles that are less than 25 years
old, proof of compliance with United States Department of Transportation
(USDOT) regulations including, but not limited to, the following documents:
(i) the original bond release letter with all attachments
advising that the motor vehicle meets federal motor vehicle safety
requirements or a letter issued by the USDOT, National Highway Traffic
Safety Administration, verifying the issuance of the original bond
release letter;
(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
Cont'd... |
