The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Alias--The name of a vehicle owner reflected on
a title, when the name on the title is different from the name of
the legal owner of the vehicle.
(2) Alias title--A title document issued by the department
for a vehicle that is used by an exempt law enforcement agency in
covert criminal investigations.
(3) All-terrain vehicle or ATV--A motor vehicle as
defined by Transportation Code, §551A.001, and designed primarily
for recreational use. The term does not include a "utility vehicle"
as defined by Transportation Code, §551A.001, or a self-propelled,
motor-driven vehicle designed or marketed by the manufacturer primarily
for non-recreational uses.
(4) Bond release letter--Written notification from
the United States Department of Transportation authorizing United
States Customs to release the bond posted for a motor vehicle imported
into the United States to ensure compliance with federal motor vehicle
safety standards.
(5) Date of sale--The date of the transfer of possession
of a specific vehicle from a seller to a purchaser.
(6) Division director--The director of the department's
Vehicle Titles and Registration Division.
(7) Executive administrator--The director of a federal
agency, the director of a Texas state agency, the sheriff of a Texas
county, or the chief of police of a Texas city who by law possesses
the authority to conduct covert criminal investigations.
(8) Exempt agency--A governmental body exempt by law
from paying title or registration fees for motor vehicles.
(9) Federal motor vehicle safety standards--Motor vehicle
safety requirements promulgated by the United States Department of
Transportation, National Highway Traffic Safety Administration, set
forth in Title 49, Code of Federal Regulations.
(10) House moving dolly--An apparatus consisting of
metal beams and axles used to move houses. House moving dollies, by
nature of their construction and use, actually form large semitrailers.
(11) Implements of husbandry--Farm implements, machinery,
and tools used in tilling the soil, including self-propelled machinery
specifically designed or especially adapted for applying plant food
materials or agricultural chemicals. This term does not include an
implement unless it is designed or adapted for the sole purpose of
transporting farm materials or chemicals. This term does not include
any passenger car or truck. This term does include a towed vehicle
that transports to the field and spreads fertilizer or agricultural
chemicals; or a motor vehicle designed and adapted to deliver feed
to livestock.
(12) Manufacturer's certificate of origin--A form prescribed
by the department showing the original transfer of a new motor vehicle
from the manufacturer to the original purchaser, whether importer,
distributor, dealer, or owner and when presented with an application
for title showing on appropriate forms prescribed by the department,
each subsequent transfer between distributor and dealer, dealer and
dealer, and dealer and owner.
(13) Moped--A motor vehicle as defined by Transportation
Code, §541.201.
(14) Motor vehicle importation form--A declaration
form prescribed by the United States Department of Transportation
and certified by United States Customs that relates to any motor vehicle
being brought into the United States and the motor vehicle's compliance
with federal motor vehicle safety standards.
(15) Non-United States standard motor vehicle--A motor
vehicle not manufactured in compliance with federal motor vehicle
safety standards.
(16) Obligor--An individual who is required to make
payments under the terms of a support order for a child.
(17) Off-highway vehicle--A motor vehicle as defined
by Transportation Code, §551A.001.
(18) Person--An individual, firm, corporation, company,
partnership, or other entity.
(19) Recreational off-highway vehicle or ROV--A motor
vehicle as defined by Transportation Code, §551A.001, and designed
primarily for recreational use. The term does not include a "utility
vehicle" as defined by Transportation Code, §551A.001, or a self-propelled,
motor-driven vehicle designed or marketed by the manufacturer primarily
for non-recreational uses.
(20) Safety certification label--A label placed on
a motor vehicle by a manufacturer certifying that the motor vehicle
complies with all federal motor vehicle safety standards.
(21) Sand rail--A motor vehicle as defined by Transportation
Code, §551A.001.
(22) Statement of fact--A written declaration that
supports an application for a title, that is executed by an involved
party to a transaction involving a motor vehicle, and that clarifies
an error made on a title or other negotiable evidence of ownership.
An involved party is the seller, or an agent of the seller involved
in the motor vehicle transaction. When a written declaration is necessary
to correct an odometer disclosure error, the signatures of both the
seller and buyer when the error occurred are required.
(23) Title application--A form prescribed by the division
director that reflects the information required by the department
to create a motor vehicle title record.
(24) Utility vehicle or UTV--A motor vehicle as defined
by Transportation Code, §551A.001, and designed primarily for
utility use. The term does not include a "golf cart" as defined by
Transportation Code, §551.401, or a self-propelled, motor-driven
vehicle designed or marketed by the manufacturer primarily for non-utility
uses.
(25) Verifiable proof--Additional documentation required
of a vehicle owner, lienholder, or agent executing an application
for a certified copy of a title.
(A) Individual applicant. If the applicant is an individual,
verifiable proof consists of a copy of a current photo identification
issued by this state or by the United States or foreign passport.
(B) Business applicant. If the applicant is a business,
verifiable proof consists of an original or copy of a letter of signature
authority on letterhead, a business card, or employee identification
and a copy of current photo identification issued by this state or
by the United States or foreign passport.
(C) Power of attorney. If the applicant is a person
in whose favor a power of attorney has been executed by the owner
or lienholder, verifiable proof consists of the documentation required
under subparagraph (A) or (B) of this paragraph both for the owner
or lienholder and for the person in whose favor the power of attorney
is executed.
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| Source Note: The provisions of this §217.2 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective August 8, 2016, 41 TexReg 5766; amended to be effective March 1, 2018, 43 TexReg 1145; amended to be effective March 1, 2020, 45 TexReg 1228; amended to be effective March 1, 2022, 47 TexReg 968 |
