| (a) 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
(1) there is a record that indicates a lien that is
less than ten years old and the applicant provides a release of all
liens and a bond;
(2) there is a record that indicates there is not a
lien or the lien is ten or more years old; or
(3) the department has no previous motor vehicle record.
(b) Administrative fee. The applicant must pay the
department a $15 administrative fee in addition to any other required
fees.
(c) Value. The amount of the bond must be equal to
one and one-half times the value of the vehicle as determined under
Tax Code §152.0412 regarding Standard Presumptive Value (SPV).
If the SPV is not available, then a national reference guide will
be used. If the value cannot be determined by the department through
either source, then the person may obtain an appraisal. If a motor
vehicle is 25 years or older, a person may obtain an appraisal to
determine the value instead of using a national reference guide.
(1) The appraisal must be on a form specified by the
department 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.
(2) The appraisal must be dated and be submitted to
the department within 30 days of the appraisal.
(3) If the motor vehicle is 25 years or older and the
appraised value of the vehicle is less than $4,000, the bond amount
will be established from a value of $4,000.
(4) If the motor vehicle is a trailer or semitrailer,
the person may, as an alternative to an appraisal, have the bond amount
established from a value of:
(A) $4,000, if under 20 feet in length, or
(B) $7,000, if 20 or more feet in length.
(d) Vehicle identification number inspection. If the
department has no motor vehicle record for the vehicle, the vehicle
identification number must be verified by an inspection under Transportation
Code §501.0321.
(e) Required documentation. An applicant may apply
for a bonded title if the applicant submits:
(1) any evidence of ownership;
(2) the original bond within 30 days of issuance;
(3) the notice of determination within one year of
issuance and the receipt for $15 paid to the department;
(4) the documentation determining the value of the
vehicle;
(5) proof of the vehicle identification number inspection,
as described in subsection (d) of this section, if the department
has no motor vehicle record for the vehicle;
(6) a weight certificate if the weight cannot otherwise
be determined;
(7) a release of lien, if the lien is less than ten
years old; and
(8) any other required documentation and fees.
(f) Report of Judgment. The bond must require that
the surety report payment of any judgment to the department within
30 days.
|
| Source Note: The provisions of this §217.9 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective November 30, 2016, 41 TexReg 9337; amended to be effective August 31, 2022, 47 TexReg 5141; amended to be effective November 14, 2024, 49 TexReg 8980 |
