| (a) 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 registration receipt is required from a vehicle owner coming
from a state that no longer titles vehicles after a certain period
of time.
(3) Evidence of Ownership for Purpose of Identification
Number Assignment or Reassignment. An applicant for assignment or
reassignment of an identification number under Transportation Code §501.033
who is unable to produce evidence of ownership under this section,
may file a bond with the department in accordance with Transportation
Code §501.053 and §217.9 of this title (relating to Bonded
Titles). The bond will serve as evidence of ownership for purposes
of §501.033(b).
(4) 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) the identification number inspection required under
Transportation Code §501.032(a)(2), except as provided in §501.032(b);
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
(vi) verification from the vehicle manufacturer on
its letterhead stationery.
(b) Alterations to documentation. An alteration to
a registration receipt, title, manufacturer's certificate, or other
evidence of ownership constitutes a valid reason for the rejection
of any transaction to which altered evidence is attached.
(1) Altered lien information on any surrendered evidence
of ownership requires a release from the original lienholder or a
statement from the proper authority of the state in which the lien
originated. The statement must verify the correct lien information.
(2) A strikeover that leaves any doubt about the legibility
of any digit in any document will not be accepted.
(3) A corrected manufacturer's certificate of origin
will be required if the manufacturer's certificate of origin contains
an:
(A) incomplete or altered vehicle identification number;
(B) alteration or strikeover of the vehicle's model
year;
(C) alteration or strikeover to the body style, or
omitted body style on the manufacturer's certificate of origin; or
(D) alteration or strikeover to the weight.
(4) A Statement of Fact may be requested to explain
errors, corrections, or conditions from which doubt does or could
arise concerning the legality of any instrument. A Statement of Fact
will be required in all cases:
(A) in which the date of sale on an assignment has
been erased or altered in any manner; or
(B) of alteration or erasure on a Dealer's Reassignment
of Title.
(c) Rights of survivorship. A signed "rights of survivorship"
agreement may be executed by a natural person acting in an individual
capacity in accordance with Transportation Code, §501.031.
(d) Identification required.
(1) An application for title is not acceptable unless
the applicant presents a current photo identification of the owner
containing a unique identification number and expiration date. The
identification document must be a:
(A) driver's license or state identification certificate
issued by a state or territory of the United States;
(B) United States or foreign passport;
(C) United States military identification card;
(D) North Atlantic Treaty Organization identification
or identification issued under a Status of Forces Agreement;
(E) United States Department of Homeland Security,
United States Citizenship and Immigration Services, or United States
Department of State identification document; or
(F) concealed handgun license or license to carry a
handgun issued by the Texas Department of Public Safety under Government
Code, Chapter 411, Subchapter H.
(2) If the motor vehicle is titled in:
(A) more than one name, then the identification of
one owner must be presented;
(B) the name of a leasing company, then:
(i) proof of the Federal Employer Identification Number/Employee
Identification Number (FEIN/EIN) of the leasing company must be submitted,
written on the application, and can be entered into the department's
titling system. The number must correspond to the name of the leasing
company in which the vehicle is being titled; and
(ii) the leasing company may submit:
(I) a government issued photo identification, required
under paragraph (1) of this subsection, of the lessee listed as the
registrant; or
(II) a government issued photo identification, required
under paragraph (1) of this subsection, of the employee or authorized
agent who signed the application for the leasing company, and the
employee's or authorized agent's 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;
(C) the name of a trust, then a government issued photo
identification, required under paragraph (1) of this subsection, of
a trustee must be presented; or
Cont'd... |
