| (f) Reimbursements for replacements. A participating
county shall ensure that funds are transferred to a participating
automobile dealership no later than 10 business days after the county
receives proof of the sale, proof of transfer to a dismantler, and
any administrative documents that meet the requirements of the county
or designated entity. A list of all administrative documents must
be included in the agreements that are entered into by the county
or designated entity and the participating automobile dealerships.
(1) A participating county shall provide an electronic
means for distributing replacement funds to a participating automobile
dealership once all program criteria have been met. The replacement
funds may be used as a down payment toward the purchase of a replacement
vehicle. Participating automobile dealers shall be located in the
State of Texas. Participation in the LIRAP by an automobile dealer
is voluntary.
(2) Participating counties shall develop a document
for confirming a person's eligibility for purchasing a replacement
vehicle and for tracking such purchase.
(A) The document must include at a minimum, the full
name of applicant, the vehicle identification number of the retired
vehicle, expiration date of the document, the program administrator's
contact information, and the amount of money available to the participating
vehicle owner.
(B) The document must be presented to a participating
dealer by the person seeking to purchase a replacement vehicle before
entering into negotiations for a replacement vehicle.
(C) A participating dealer who relies on the document
issued by the participating county has no duty to confirm the eligibility
of the person purchasing a replacement vehicle in the manner provided
by this section.
(g) Opting out of the LIRAP. Participation in the LIRAP
is voluntary. A participating county may opt out of the program. Procedures
to release a participating county from the LIRAP shall be initiated
upon the receipt of a written request to the executive director by
the county commissioner's court in a participating county.
(1) A written request to opt out of the LIRAP shall
request release from the LIRAP fee as defined in §114.7 of this
title (relating to Low Income Vehicle Repair Assistance, Retrofit,
and Accelerated Vehicle Retirement Program Definitions) and the grant
contract established in subsection (a) of this section. The written
request shall include one of the following possible LIRAP opt-out
effective dates as defined in §114.7 of this title:
(A) the LIRAP fee termination effective date as defined
in §114.7 of this title; or
(B) the last day of the legislative biennium in which
the LIRAP fee termination effective date as defined in §114.7
of this title occurred.
(2) Upon receipt of a written request to be released
from participation in the LIRAP, the executive director shall notify,
in writing, with a copy sent to the requesting county, the Texas Department
of Motor Vehicles, DPS, and the Legislative Budget Board of Texas
that the LIRAP fee should no longer be collected for vehicles undergoing
inspection and registration in the affected county.
(3) A county opting out of the LIRAP remains a participating
county until the LIRAP opt-out effective date as defined in §114.7
of this title, on which date the county is no longer subject to the
LIRAP fee, and the grant contract established in subsection (a) of
this section is ended. Not more than 90 days after a county's LIRAP
opt-out effective date, the unspent balance of allocated LIRAP funds
for that county will be returned to the commission unless the county
opting out has entered into an official inter-county elective agreement
with other participating counties in the same region to share allocated
LIRAP funds. If the county opting out has entered into an official
inter-county elective agreement with other participating counties
in the same region to share allocated LIRAP funds, then the portion
of LIRAP allocations that is shared and unspent as of the LIRAP opt-out
effective date will be redistributed among the remaining participating
counties that are part of that agreement. This redistribution of funds
will occur not more than 90 days after a county's LIRAP opt-out effective
date.
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| Source Note: The provisions of this §114.64 adopted to be effective April 18, 2002, 27 TexReg 3194; amended to be effective May 4, 2006, 31 TexReg 3575; amended to be effective December 27, 2007, 32 TexReg 9711; amended to be effective December 13, 2010, 35 TexReg 10985; amended to be effective July 5, 2012, 37 TexReg 4941; amended to be effective May 21, 2015, 40 TexReg 2670; amended to be effective March 9,2017, 42 TexReg 1029 |
