Texas Register

TITLE 43 TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 217VEHICLE TITLES AND REGISTRATION
SUBCHAPTER AMOTOR VEHICLE CERTIFICATES OF TITLE
RULE §217.5Landowner's Lien
ISSUE 12/18/2009
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Filing of lien. Pursuant to Property Code, Chapter 70, Subchapter F, a landowner may file a lien against the motor vehicle of a person who damages the landowner's fence with the motor vehicle upon issuance of a court ordered judgment.

(b)Perfection. The landowner's lien must be perfected in accordance with Transportation Code, Chapter 501, Subchapter F. The applicant must file an application for certificate of title through a county tax assessor-collector on a form prescribed by the department. The application must be accompanied by an original or certified copy of the court order and the statutory fee for a title application.

(c)Release of Lien. Upon receipt of the final payment, the landowner must provide the vehicle owner with a discharge of lien in accordance with §217.3(h) of this subchapter (relating to Motor Vehicle Certificates of Title).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2009

TRD-200905589

Jennifer Soldano

Legal Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: January 17, 2010

For further information, please call: (512) 463-8683



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