| (a) Place of application. The owner of a nonrepairable
or salvage motor vehicle who is required to obtain or voluntarily
chooses to obtain a nonrepairable or salvage vehicle title, as provided
by §217.83 of this title (relating to Requirement for Non-repairable
or Salvage Vehicle Title), shall apply for a nonrepairable or salvage
vehicle title by submitting an application, the required accompanying
documentation, and the statutory fee to the department.
(b) Information on application. An applicant for a
nonrepairable or salvage vehicle title shall submit an application
on a form prescribed by the department. A completed form, in addition
to any other information required by the department, must include:
(1) the name and current address of the owner;
(2) a description of the motor vehicle, including the
model year, make, body style, and vehicle identification number;
(3) a statement describing whether the motor vehicle
is a nonrepairable or salvage motor vehicle;
(4) whether the damage was caused exclusively by flood;
(5) a description of the damage to the motor vehicle;
(6) the odometer reading and brand, or the word "exempt"
if the motor vehicle is exempt from federal and state odometer disclosure
requirements, if the motor vehicle is a salvage motor vehicle;
(7) the name and mailing address of any lienholder
and the date of lien, as provided by subsection (e) of this section;
and
(8) the signature of the applicant or the applicant's
authorized agent and the date the certificate of title application
was signed.
(c) Accompanying documentation. A nonrepairable or
salvage vehicle title application must be supported, at a minimum,
by:
(1) evidence of ownership, as described by subsection
(d)(1) or (3) of this section, if the applicant is an insurance company
that is unable to locate one or more of the owners;
(2) an odometer disclosure statement properly executed
by the seller of the motor vehicle and acknowledged by the purchaser,
if the motor vehicle is less than 10 model years old and the motor
vehicle is a salvage motor vehicle; and
(3) a release of any liens.
(d) Evidence of nonrepairable or salvage motor vehicle
ownership.
(1) Evidence of nonrepairable or salvage motor vehicle
ownership properly assigned to the applicant must accompany the application
for a nonrepairable or salvage vehicle title, except as provided by
paragraph (2) of this subsection. Evidence must include documentation
sufficient to show ownership to the nonrepairable or salvage motor
vehicle, such as:
(A) a Texas Certificate of Title;
(B) a certified copy of a Texas Certificate of Title;
(C) a manufacturer's certificate of origin;
(D) a Texas Salvage Certificate;
(E) a nonrepairable vehicle title;
(F) a salvage vehicle title;
(G) a comparable ownership document issued by another
jurisdiction, except that if the applicant is an insurance company,
evidence must be provided indicating that the insurance company is:
(i) licensed to do business in Texas; or
(ii) not licensed to do business in Texas, but has
paid a loss claim for the motor vehicle in this state; or
(H) a photocopy of the inventory receipt or a title
and registration verification evidencing surrender to the department
of the negotiable evidence of ownership for a motor vehicle as provided
by §217.86 of this title (relating to Dismantling, Scrapping,
or Destruction of Motor Vehicles), and if the evidence of ownership
surrendered was from another jurisdiction, a photocopy of the front
and back of the surrendered evidence of ownership.
(2) An insurance company that acquires ownership or
possession of a nonrepairable or salvage motor vehicle through payment
of a claim may apply for a nonrepairable or salvage vehicle title
to be issued in the insurance company's name without obtaining an
ownership document or if it received an ownership document without
the proper assignment of the owner if the company is unable to obtain
a title from the owner, in accordance with paragraph (1) of this subsection,
and the application is not made earlier than the 30th day after the
date of payment of the claim. The application must also include:
(A) a statement that the insurance company has provided
at least two written notices to the owner and any lienholder attempting
to obtain the title or proper assignment of title for the motor vehicle;
(B) a statement that the insurance company paid a loss
claim for the vehicle that was accepted; and
(C) any unassigned or improperly assigned title in
the insurance company's possession.
(3) An insurance company that acquires, through payment
of a claim, ownership or possession of a salvage motor vehicle or
nonrepairable motor vehicle covered by an out-of-state ownership document
may obtain a salvage vehicle title or nonrepairable vehicle title
in accordance with paragraph (1) or (2) of this subsection if:
(A) the motor vehicle was damaged, stolen, or recovered
in this state; or
(B) the motor vehicle owner from whom the company acquired
ownership resides in this state.
(4) A salvage pool operator may apply for title in
the name of the salvage pool operator by providing to the department:
(A) documentation from the insurance company that:
(i) the salvage pool operator, on request of an insurance
company, was asked to take possession of the motor vehicle subject
to an insurance claim and the insurance company subsequently denied
coverage or did not take ownership of the vehicle; and
(ii) the name and address of the owner of the motor
vehicle and the lienholder, if any; and
(B) proof that the salvage pool operator, before the
31st day after receiving the information from the insurance company,
sent a notice to the owner and any lienholder informing them that:
(i) the motor vehicle must be removed from the location
specified in the notice not later than the 30th day after the date
the notice is mailed; and
(ii) if the motor vehicle is not removed within the
time specified in the notice, the salvage pool operator will sell
the motor vehicle and retain from the proceeds any costs actually
incurred by the operator in obtaining, handling, and disposing of
the motor vehicle, except for charges:
(I) that have been or are subject to being reimbursed
by a third party; and
(II) for storage or impoundment of the motor vehicle.
(5) Proof of notice under this subsection consists
of:
(A) the validated receipts for registered or certified
mail and return receipt or an electronic certified mail receipt, including
signature receipt; and
(B) any unopened certified letters returned by the
post office as unclaimed, undeliverable, or with no forwarding address.
(e) Recordation of lien on nonrepairable and salvage
vehicle titles. If the motor vehicle is a salvage motor vehicle, a
new lien or a currently recorded lien may be recorded on the salvage
vehicle title. If the motor vehicle is a nonrepairable motor vehicle,
only a currently recorded lien may be recorded on the nonrepairable
vehicle title.
(f) Issuance. Upon receipt of a completed nonrepairable
or salvage vehicle title application, accompanied by the statutory
application fee and the required documentation, the department will,
before the sixth business day after the date of receipt, issue a nonrepairable
or salvage vehicle title, as appropriate.
(1) If the condition of salvage is caused exclusively
by flood, a "Flood Damage" notation will be reflected on the face
of the document and will be carried forward upon subsequent title
issuance.
(2) If a lien is recorded on a nonrepairable or salvage
vehicle title, the vehicle title will be mailed to the lienholder.
For proof of ownership purposes, the owner will be mailed a receipt
or printout of the newly established motor vehicle record, indicating
a lien has been recorded.
(3) A nonrepairable vehicle title will state on its
face that the motor vehicle may:
(A) not be repaired, rebuilt, or reconstructed;
(B) not be issued a regular certificate of title or
registered in this state;
(C) not be operated on a public highway; and
(D) may only be used as a source for used parts or
scrap metal.
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| Source Note: The provisions of this §217.84 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective December 4, 2016, 41 TexReg 9335; amended to be effective November 14, 2017, 42 TexReg 6382; amended to be effective March 6, 2019, 44 TexReg 1161 |
